Section 45 — Property (Relationships) Act 1976: Family chattels not to be disposed of

45 Family chattels not to be disposed of (1) Where proceedings are pending under this Act, no party knowing that the proceedings are pending shall, without the leave of a Judge of the High Court or a District Court Judge or a Family Court Judge or a Registrar, or the consent in writing of the other party, sell, charge, or dispose of any of the family chattels or (except in an emergency) remove from the family home or homes any of the family chattels which are household appliances or effects or which form part of the furniture of that home or those homes. (2) Any person who does any act in contravention of the provisions of this section commits an offence, and is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $2,000, or to both. Compare: 1968 No 62 s 43; 1971 No 59 s 7 Subsection (1) was amended, as from 1 October 1981, by section 17(1) Family Courts Act 1980 (1980 No 161) by substituting the words “ of the High Court or a District Court Judge ” for the words “ or a Magistrate ” . Subsection (1) was amended, as from 1 February 2002, by section 52(1)(a) Property (Relationships) Amendment Act 2001 (2001 No 5) by inserting, after the words “ District Court Judge ” , the words “ or a Family Court Judge ” . It was further amended by section 52(1)(b) of that Act by substituting the word “ family ” for the word “ matrimonial ” . See Part 9 of this Act as to the transitional and saving provisions. Subsection (2) was amended, as from 1 February 2002, by section 52(2) Property (Relationships) Amendment Act 2001 (2001 No 5) by substituting the expression “ $2,000 ” for the expression “ $400 ” . See Part 9 of this Act as to the transitional and saving provisions.