South Australian Numbered Acts

SERIOUS AND ORGANISED CRIME (UNEXPLAINED WEALTH) ACT 2009 (NO 60 OF 2009) - SECT 28

28—Contravention of restraining order

        (1)         A person is guilty of an offence if the person, knowing of the existence of a restraining order—

            (a)         deals with or permits a dealing with property that is subject to the order; or

            (b)         engages in, facilitates or permits a transaction that is subject to the order,

contrary to the terms of the order.

Maximum penalty: $20 000 or imprisonment for 4 years.

        (2)         A person is guilty of an offence if—

            (a)         the person deals with or permits a dealing with property, or engages in, facilitates or permits a transaction, subject to a restraining order; and

            (b)         by so doing, contravenes the order (whether or not the person knows or is reckless as to that fact); and

            (c)         the person was given notice of the order under section 23.

Maximum penalty: $10 000 or imprisonment for 2 years.

        (3)         A dealing with property or a transaction contrary to this section is void against anyone except a person who acquires an interest in property in good faith for value and without notice of the terms of the order.

        (4)         This section does not limit the jurisdiction of the Court to deal with a contravention of a restraining order as a contempt of court.