Commonwealth Consolidated Acts

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

PROCEEDS OF CRIME ACT 2002 - SECT 289

Income generated from controlled property

  (1)   The * Official Trustee may apply any income generated from * controlled property to the payment of amounts payable to the Official Trustee, in relation to the property, under regulations made for the purposes of section   288.

Note:   See also section   267AB, which extends the meaning of controlled property for the purposes of this section.

  (2)   However, if the * controlled property is returned to its owner as a result of a restraining order ceasing to be in force or as a result of the controlled property ceasing to be subject to forfeiture under this Act, the * Official Trustee must arrange for an amount to be paid to the owner that is equal to the difference between:

  (a)   the sum of all the amounts applied under this section in relation to the property; and

  (b)   the sum of all the amounts of expenditure by the * Official Trustee that were necessary for maintaining the property or generating the income from property.

  (3)   This section does not affect other ways in which the * Official Trustee may recover amounts payable to the Official Trustee under regulations made for the purposes of section   288.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback