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Offences

Ancillary property recovery orders may be made

Offence title:

Ancillary property recovery orders may be made

Act:

37 Crimes (Domestic and Personal Violence) Act (NSW)

Offence:

(6)   A person must not, without reasonable excuse, contravene a property recovery order or obstruct a person who is attempting to comply with a property recovery order.

 

Penalty:

Fine of 50 penalty units

Summary/Indictable/mixed:

Summary

Jurisdiction:

Local Court

How committed:

An enforceable Apprehended Domestic Violence Order (ADVO) is in place restraining Person A. Person A obtains a property recovery order. Whilst attempting to take property, B blocks the door and prevents removalists from loading items into their truck.

Important note:

(2)   A property recovery order may do any or all of the following:

(a)   direct the person who occupies the premises concerned to allow access to the premises to the person who has left the personal property at the premises (and any police officer or person who is authorised by the order to accompany the person) to enable the removal of the property,

(b)   provide that the access to the premises concerned is to be at a time or times arranged between the occupier of the premises and a police officer (whether or not the order requires the person recovering the property to be accompanied by a police officer),

(c)    require the person who has left the personal property at the premises to be accompanied by a police officer when removing the property from the premises,

(d)   provide that the person who has left the personal property at the premises may be accompanied by any other specified person,

(e)   specify the type or types of property to which the order relates.

 

(3)   A property recovery order does not authorise entry to any premises by means of force.

 

(4)   A property recovery order does not confer any right on a person to take property that the person does not own or have a legal right to possess even if the type of property is specified in the order.

(5)   A property recovery order in respect of personal property left by the defendant on premises may not be made in the absence of the defendant.

 

(7)   The onus of proof of reasonable excuse in proceedings for an offence against subsection (6) lies on the person accused of the offence.

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