Document ID: chunk:federal_register_of_legislation:C2024C00826:clause:1_109
Version: federal_register_of_legislation:C2024C00826
Segment Type: clause
Provision Reference: sch 1 cl 109
Character Range: 917489–918348

109  Order for possession for mortgagor
 (1) The court may, when making an order under subsection 108(1), order a person who has possession of the goods to deliver them to the mortgagor at a specified time or place or within a specified period.
 (2) If the person is not the credit provider, the court may also order the credit provider to pay the person's costs of delivering the goods to the mortgagor.
 (3) The court may, on the application of a mortgagor or other person required to deliver goods to a mortgagor, by order vary the place at which or time or period within which goods must be delivered to the mortgagor.
 (4) A person who contravenes an order under this section commits an offence.
Criminal penalty: 30 penalty units.
 (5) Subsection (4) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.