Document ID: chunk:federal_register_of_legislation:C2012C00868:clause:2_137f:p1
Version: federal_register_of_legislation:C2012C00868
Segment Type: clause
Provision Reference: sch 2 cl 137F (pt 1/2)
Character Range: 497204–499759

137F  Court may make orders for the purpose of preserving money or other property held by a person

 (1) A court may, on the application of the Commonwealth Minister or the Commission, make an order or orders mentioned in subsection (3) if:
 (a) proceedings of a kind referred to in subsection (2) have been taken against a person, or proceedings of a kind referred to in paragraph (2)(d) may be taken against a person; and
 (b) the court is satisfied that it is necessary or desirable to make the order or orders for the purpose of preserving money or other property held by, or on behalf of, the person if the person is liable, or may become liable, under the Australian Consumer Law:
 (i) to pay money by way of a fine, damages, compensation, refund or otherwise; or
 (ii) to transfer, sell or refund other property; and
 (c) the court is satisfied that the making of such an order or orders will not unduly prejudice the rights and interests of any other person.

Kinds of proceedings taken against the person

 (2) For the purposes of paragraph (1)(a), the kinds of proceedings taken against the person are:
 (a) proceedings against the person for an offence against a provision of Chapter 4 of the Australian Consumer Law; or
 (b) an application under section 232 of the Australian Consumer Law for an injunction against the person in relation to:
 (i) a contravention of a provision of Chapter 2, 3 or 4 of the Australian Consumer Law; or
 (ii) a term of a consumer contract in relation to which a declaration under section 250 of the Australian Consumer Law has been made; or
 (c) an action under subsection 236(1) of the Australian Consumer Law against the person in relation to a contravention of a provision of Part 2‑1 or Chapter 3 of the Australian Consumer Law; or
 (d) an application for an order under subsection 237(1) or 239(1) of the Australian Consumer Law against a person in relation to:
 (i) a contravention of a provision of Chapter 2, 3 or 4 of the Australian Consumer Law; or
 (ii) a term of a consumer contract in relation to which a declaration under section 250 of the Australian Consumer Law has been made.

Kinds of orders that may be made

 (3) The court may make the following orders under subsection (1) of this section in a relation to money or other property held by, or on behalf of, a person (the respondent):
 (a) an order prohibiting, either absolutely or subject to conditions, a person who is indebted to the respondent, or to an associate of the respondent, from making a payment, in total or partial discharge