Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-4 - PECUNIARY PENALTY ORDERS  

Division 4 - Enforcement of pecuniary penalty orders  

SECTION 141   Property subject to a person ' s effective control  

141(1)  
If:


(a) a person is subject to a * pecuniary penalty order; and


(b) the *responsible authority applies to the court for an order under this section; and


(c) the court is satisfied that particular property is subject to the * effective control of the person;

the court may make an order declaring that the whole, or a specified part, of that property is available to satisfy the pecuniary penalty order.

141(2)  
The order under subsection (1) may be enforced against the property as if the property were the * person ' s property.

141(3)  
A * restraining order may be made in respect of the property as if:


(a) the property were the * person ' s property; and


(b) the person had committed a * serious offence.

141(4)  


If the *responsible authority applies for an order under subsection (1) relating to particular property, the authority must give written notice of the application to:


(a) the person who is subject to the * pecuniary penalty order; and


(b) any person whom the authority has reason to believe may have an * interest in the property.

141(5)  
The person who is subject to the * pecuniary penalty order, and any person who claims an * interest in the property, may appear and adduce evidence at the hearing of the application.




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