Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-5 - LITERARY PROCEEDS ORDERS  

Division 1 - Making literary proceeds orders  

SECTION 152   Making literary proceeds orders  

152(1)    
A court with * proceeds jurisdiction may make an order requiring a person to pay an amount to the Commonwealth if:

(a) a *proceeds of crime authority applies for the order; and

(b) the court is satisfied that the person has committed an * indictable offence (whether or not the person has been convicted of the offence); and

(c) the court is satisfied that the person has derived * literary proceeds in relation to the offence.

152(2)    
A court with * proceeds jurisdiction may make an order requiring a person to pay an amount to the Commonwealth if:

(a) a *proceeds of crime authority applies for the order; and

(b) the court is satisfied that the person has committed a * foreign indictable offence (whether or not the person has been convicted of the offence); and

(c) the court is satisfied that the person has derived * literary proceeds in relation to the offence.

152(3)    
However, the * literary proceeds must have been derived after the commencement of this Act.

Note:

Because of section 14 , it does not matter whether the offence to which the order relates was committed before or after the commencement of this Act.

152(4)    
The court ' s power to make a * literary proceeds order in relation to an offence is not affected by the existence of another * confiscation order in relation to that offence.