Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

PROCEEDS OF CRIME ACT 2002 - SECT 284

Official Trustee to carry out directions

  (1)   If the * Official Trustee is given a direction under section   282 or 282A in relation to property, the Official Trustee must, as soon as practicable after the end of the appeal period under section   285:

  (a)   to the extent that the property is not money--sell or otherwise dispose of the property; and

  (b)   apply:

  (i)   to the extent that the property is money--that money; and

  (ii)   the amounts received from the sale or disposition of the other property;

    in payment of the costs, charges, expenses and remuneration, of the kind referred to in subsection   288(1), incurred or payable in connection with the * restraining order and payable to the Official Trustee under the regulations; and

  (c)   credit the remainder of the money and amounts received to the * Confiscated Assets Account as required by section   296.

  (2)   However, if the remainder referred to in paragraph   (1)(c) exceeds the * penalty amount, * literary proceeds amount or * unexplained wealth amount (as the case requires), the * Official Trustee must:

  (a)   credit to the * Confiscated Assets Account as required by section   296 an amount equal to the penalty amount, literary proceeds amount or unexplained wealth amount; and

  (b)   pay the balance to the person whose property was subject to the * restraining order.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback