Wrongful Removal of Seized Assets - Act Part 11, Section 94

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Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information

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Summary

This section explains the circumstances under which seizure of assets is considered wrongful and the penalties which apply to a person convicted of wrongful seizure. 

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Text of Legislation

94. (1) A person must not remove, damage or dispose of assets seized under section 92 except in accordance with this Act, a writ of seizure and sale or a court order.

(2) In addition to any other penalty, a person who contravenes subsection (1) is liable for the amount owed by the person required to pay under the determination, settlement agreement or order of the tribunal.

(3) This Act applies to the recovery of an amount a person is liable for under subsection (2).

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Policy Interpretation

Subsection (1)

Only the director, a person acting under a court order or with a writ of seizure and sale may remove or dispose of assets seized under s.92 of the Act.

Subsection (2)

Any person who removes the assets under seizure pursuant to s.92 becomes liable for the wages as set out in the determination, settlement agreement or order of the tribunal.

Subsection (3)

The enforcement mechanisms under the Act apply to the recovery of the amount the person becomes liable for as set out in the determination, settlement agreement or order of the tribunal.

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Related Information

Related sections of the Act or Regulation

ESA

• s.92, Seizure of assets