Document ID: chunk:federal_register_of_legislation:C2025C00154:section:161:p2
Version: federal_register_of_legislation:C2025C00154
Segment Type: section
Provision Reference: s 161 (pt 2/3)
Character Range: 188124–190796

on behalf of the contravening person or of an associate of the contravening person from:
 (i) paying all or any of the money; or
 (ii) transferring or otherwise parting with possession of the property;
  to:
 (iii) the contravening person or associate; or
 (iv) another person at the direction or request of the contravening person or associate;
 (c) an order prohibiting the taking or sending out of Australia by a person of money of the contravening person or of an associate of the contravening person;
 (d) an order prohibiting the taking, sending or transfer by a person of property of the contravening person, or of an associate of the contravening person from a place in Australia to a place outside Australia (including the transfer of interests from a register in Australia to a register outside Australia);
 (e) if the contravening person is an individual—an order requiring that person to deliver up to the Court his or her passport and such other documents as the Court thinks fit;
 (f) if the contravening person is an individual—an order prohibiting that person from leaving Australia without the consent of the Court.

Meaning of property in paragraph (4)(d)
 (5) A reference in paragraph (4)(d) to property of a person includes a reference to property that the person holds otherwise than as sole beneficial owner, for example:
 (a) as trustee for, as nominee for, or otherwise on behalf of or on account of, another person; or
 (b) in a fiduciary capacity.

Purpose of subsection (5)
 (6) Subsection (5) is to avoid doubt, is not to limit the generality of anything in subsection (1) and is not to affect by implication the interpretation of any other provision of this Act.

Absolute or conditional orders
 (7) An order made under subsection (1) or (2) prohibiting conduct may prohibit the conduct either absolutely or subject to conditions.

Interim orders
 (8) If an application is made to the Court for an order under subsection (1) or (2), the Court may, if in the opinion of the Court it is desirable to do so, before considering the application, grant an interim order (being an order of the kind applied for that is expressed to have effect pending the determination of the application).

Damages undertakings
 (9) On an application under subsection (1) or (2), the Court must not require the applicant or any other person, as a condition of granting an interim order under subsection (8), to give an undertaking as to damages.

Further orders
 (10) If the Court has made an order under this section on a person's application, the Court may, on application by that person or by any person affected by the order, make a further order discharging or