Proceeds of Crime Act 2002

CHAPTER 4 - ADMINISTRATION  

PART 4-1 - POWERS AND DUTIES OF THE OFFICIAL TRUSTEE  

Division 4 - Discharging pecuniary penalty orders and literary proceeds orders  

SECTION 282   Direction by a court to the Official Trustee in relation to certain restraining orders  

282(1)    
A court may, if subsection (2), (3) or (4) applies, direct the * Official Trustee to pay the Commonwealth, out of property that is subject to a * restraining order, an amount equal to:


(a) the * penalty amount under a * pecuniary penalty order; or


(b) the * literary proceeds amount under a * literary proceeds order.

282(2)    
The court that makes the * pecuniary penalty order or * literary proceeds order may include such a direction in the order if:


(a) the order is made against a person in relation to one or more offences; and


(b) the * restraining order has already been made against that person in relation to that offence or one or more of those offences, or in relation to one or more * related offences.

282(3)    
The court that makes the * restraining order may include such a direction in the order if:


(a) the * pecuniary penalty order or * literary proceeds order has been made against a person in relation to one or more offences; and


(b) the restraining order is subsequently made:


(i) against that person in relation to that offence or one or more of those offences; or

(ii) against property of another person in relation to which an order is in force under subsection 141(1) in relation to the pecuniary penalty order, or under subsection 168(1) in relation to the literary proceeds order.

282(4)    

View history reference

The court that made the * pecuniary penalty order, the * literary proceeds order or the * restraining order may, on application by the *responsible authority for the relevant order, make the direction if:


(a) the pecuniary penalty order or literary proceeds order has been made against a person in relation to one or more offences; and


(b) the restraining order has been made:


(i) against that person in relation to that offence or one or more of those offences; or

(ii) against property of another person in relation to which an order is in force under subsection 141(1) in relation to the pecuniary penalty order, or under subsection 168(1) in relation to the literary proceeds order.
 View history note

 

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