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

> act-s222 — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

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.