Section 222 — Orders restraining certain non-citizens from disposing etc. of property

222 Orders restraining certain non-citizens from disposing etc. of property

(1) Where, on an application by the Secretary or Australian Border Force Commissioner relating to property of a non-citizen, a court is satisfied that:

(a) the non-citizen is liable, or may, on deportation or removal, become liable, to pay the Commonwealth an amount under section 210 or 212; and

(b) if the court does not make an order under this subsection there is a risk that the Commonwealth will not be able to recover the whole or a part of any amount that the non-citizen is, or becomes, liable to pay to the Commonwealth under section 210 or 212;

the court may make an order restraining any dealing with the property, or such part of the property as is specified in the order.

(2) The Secretary or Australian Border Force Commissioner may apply to a court for an order under subsection (1) in respect of:

(a) any of a non-citizen’s property that is in Australia; or

(b) specified property of a non-citizen that is in Australia.

(3) Where an application is made for an order under subsection (1), the court may, 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.

(4) An order under subsection (1) has effect for the period specified in the order.

(5) A court may rescind, vary or discharge an order made by it under this section.

(6) A court may suspend the operation of an order made by it under this section.

(7) An order under subsection (1) may be made subject to such conditions as the court thinks fit and, without limiting the generality of this, may make provision for meeting, out of the property or a specified part of the property to which the order relates, either or both of the following:

(a) the non-citizen’s reasonable living expenses (including the reasonable living expenses of the non-citizen’s dependants (if any));

(b) reasonable legal expenses incurred by the non-citizen in relation to a matter arising under this Act.

(8) A person shall not contravene an order under this section. Penalty: Imprisonment for 2 years.

(8A) Subsection (8) does not apply if the person has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in subsection (8A) (see subsection 13.3(3) of the Criminal Code).

(9) In this section: court means a court of competent jurisdiction.

property means real or personal property of every description, whether tangible or intangible, that is situated in Australia, and includes an interest in any such real or personal property.