Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) A penalty order in relation to an offence authorises the public trustee and guardian to satisfy the order out of any property restrained for the offence (including any property that becomes restrained after the order is made).
Note 1 The penalty order may also be enforced as a judgment debt (see s 88).
Note 2 An amount received by the public trustee and guardian to satisfy the penalty order must be paid into the confiscated assets trust fund (see s 131).
Note 3 An interstate penalty charge is taken to be a penalty charge under this Act (see s 139).
(2) To satisfy the penalty order, the public trustee and guardian may sell or otherwise dispose of restrained property that is not money in any way the public trustee and guardian considers appropriate.
Note The money realised by the public trustee and guardian from the disposal of property must be paid into the be paid into the confiscated assets trust fund (see s 131 and dict, def "fully satisfied", par (b)).
(3) However, the public trustee and guardian must not sell or otherwise dispose of restrained property to satisfy the order until—
(a) all confiscation proceedings (including forfeiture proceedings) in relation to the property have been finalised; and
(b) all proceedings in relation to the offender's conviction for the offence are finalised.
Note 1 For the meaning of confiscation proceedings , see s 236.
Note 2 For when confiscation and criminal proceedings are finalised, see s 18.
Note 3 If the offender is acquitted on appeal, the restraining order will end, and the penalty charge ends under s 95.
(4) The penalty order also authorises the public trustee and guardian or anyone else named in the order (an authorised agent ) to sign any instrument necessary or convenient for the disposal of restrained property.
(5) An instrument signed by an authorised agent has the same effect as if it were signed by the person who owned the property before it was disposed of.