Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Literary proceeds are any * benefit that a person derives from the commercial exploitation of:
(a) the person's notoriety resulting, directly or indirectly, from the person committing an * indictable offence or a * foreign indictable offence; or
(b) the notoriety of another person, involved in the commission of that offence, resulting from the first - mentioned person committing that offence.
(2) The commercial exploitation may be by any means, including:
(a) publishing any material in written or electronic form; or
(b) any use of media from which visual images, words or sounds can be produced; or
(c) any live entertainment, representation or interview.
(3) If the offence is an * indictable offence, it does not matter whether the * benefits are derived within or outside * Australia.
(3A) If the offence is a * foreign indictable offence, then a * benefit is not treated as * literary proceeds unless the benefit is derived in * Australia or transferred to Australia.
(4) In determining:
(a) whether a person has derived * literary proceeds; or
(b) the value of literary proceeds that a person has derived;
the court may treat as property of the person any property that, in the court's opinion:
(c) is subject to the person's * effective control; or
(d) was not received by the person, but was transferred to, or(in the case of money) paid to, another person at the person's direction.