Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
(1) Where—
(a) a pecuniary penalty order is made against a person (in this subsection called the defendant ) in reliance on the defendant's conviction of an offence; and
(b) at the time when the pecuniary penalty order is made, the public trustee has custody and control of property under a restraining order made, in reliance on the defendant's conviction of the offence or a related offence or in reliance on the charging or proposed charging of the defendant with the offence or a related offence, against—
(i) property of the defendant; or
(ii) property of another person in relation to which an order under section 27 (2) is made;
the Supreme Court may include in the pecuniary penalty order a direction to the public trustee to pay the Territory, in accordance with this section, an amount equal to the penalty amount out of that property.
(2) Where—
(a) a pecuniary penalty order is made against a person (in this subsection called the defendant ) in reliance on the defendant's conviction of an offence; and
(b) a restraining order is subsequently made against—
(i) property of the defendant; or
(ii) property of another person in relation to which an order under section 27 (2) is in force;
in reliance on the defendant's conviction of the offence; and
(c) the restraining order includes a direction that the public trustee take custody and control of the property;
the Supreme Court making the restraining order may include in the restraining order a direction to the public trustee to pay the Territory, in accordance with this section, an amount equal to the penalty amount out of that property.
(3) For the purposes of enabling the public trustee to comply with a direction given by the Supreme Court under subsection (1) or (2), the court may, in the order in which the direction is given or by a subsequent order—
(a) direct the public trustee to sell or otherwise dispose of such of the property that is under the control of the public trustee as the court specifies; and
(b) appoint an officer of the court or any other person to execute any deed or instrument in the name of a person who owns or has an estate, interest or right in the property and to do any act or thing necessary to give validity and operation to the deed or instrument.
(4) The execution of the deed or instrument by the person appointed by an order under subsection (3) has the same force and validity as if the deed or instrument had been executed by the person who owned or had the estate, interest or right in the property.
(5) Where the public trustee is given a direction under subsection (1) or (2) in relation to property, the public trustee shall not—
(a) if the property is money—apply the money in accordance with subsection (6) until the end of the relevant appeal period; and
(b) if the property is not money—sell or otherwise dispose of the property until the end of the relevant appeal period.
(6) Where the public trustee is given a direction under subsection (1) or (2) in relation to property, the public trustee shall, as soon as practicable after the end of the relevant appeal period—
(a) if the property is money—
(i) apply the money in payment of the costs, charges, expenses and remuneration, of the kind referred to in section 59, incurred or payable in connection with the restraining order and payable to the public trustee under the regulations; and
(ii) subject to subsection (7), pay the remainder of the money to the trust fund as required by section 34; and
(b) if the property is not money—
(i) sell or otherwise dispose of the property; and
(ii) apply the proceeds of the sale or disposition in payment of the costs, charges, expenses and remuneration, of the kind referred to in section 59, incurred or payable in connection with the restraining order or the sale or disposition and payable to the public trustee under the regulations; and
(iii) subject to subsection (7), pay the remainder of those proceeds to the trust fund as required by section 34.
(7) Where the money or proceeds to which subsection (6) (a) (ii) or (b) (iii) applies exceeds the penalty amount, the public trustee shall—
(a) pay to the trust fund as required by section 34 an amount equal to the penalty amount; and
(b) pay the balance to the person whose property was subject to the restraining order.
(8) Where the public trustee pays, in accordance with a direction under this section, money to the trust fund as required by section 34 in satisfaction of a person's liability under a pecuniary penalty order, the person's liability under the pecuniary penalty order shall, to the extent of the payment, be deemed to be discharged.
(9) Where—
(a) a restraining order is made against property in reliance on a person's conviction of an offence or in reliance on the charging, or proposed charging of a person with an offence; and
(b) before or after the restraining order is made, a pecuniary penalty order has been or is made against the person in reliance on the person's conviction of the offence or a related indictable offence;
the relevant appeal period in respect of the property is—
(c) the appeal period in relation to the person's conviction of the offence; or
(d) the appeal period in relation to the making of the pecuniary penalty order;
whichever ends last.
(10) A reference in this section to the appeal period in relation to a person's conviction of an offence is—
(a) in a case where the person is to be taken to have been convicted of the offence by reason of section 5 (1) (b)—a reference to the appeal period in relation to the finding of the person guilty of the offence; and
(b) in a case where the person is to be taken to have been convicted of the offence by reason of section 5 (1) (c)—a reference to the appeal period in relation to the person's conviction of the other offence referred to in that paragraph.
(11) In this section:
"appeal period", in relation to a decision of the Supreme Court or a finding, means the period ending—
(a) if the period provided for the lodging of an appeal against the decision or finding has ended without such an appeal having been lodged—at the end of that period; or
(b) if an appeal against the decision or finding has been lodged—when the appeal lapses or is finally determined.