South Australian Consolidated Acts

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FAIR TRADING ACT 1987 - SECT 86

86—Sequestration orders

        (1)         Where—

            (a)         proceedings have been or may be commenced before the Supreme Court or the District Court against a person in relation to a contravention of this Act; and

            (b)         the Court is satisfied, on the application of the Minister or the Commissioner—

                  (i)         that certain money or other property may be required to satisfy an order that has been or may be made in those proceedings; and

                  (ii)         that the making of a sequestration order under this section will not unduly prejudice the rights or interests of any other person,

the Court may make an order for the sequestration of that money or other property.

        (2)         Subject to subsection (3), an order under this section may be made—

            (a)         for a specified period; or

            (b)         until the conclusion of the proceedings referred to in subsection (1)(a).

        (3)         An order may be made under this section on an application without notice to the person but in that event it will have a maximum life of 30 days.

        (4)         An order under this section may be varied or revoked at any time.

        (5)         A person who has notice of a sequestration order under this section must not deal with property to which the order relates except as may be authorised by the order.

Maximum penalty:

In the case of a body corporate—$100 000.

In any other case—$20 000.



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