Commonwealth Consolidated Acts Commonwealth Consolidated Acts (1)
In assessing the value of benefits derived by a person from the
commission of an offence or offences, the court may treat as property of the
person any property that, in the opinion of the court, is subject to the
effective control of the person.
(3)
On application by the DPP, a court may, if in its opinion particular
property is subject to the effective control of a person against whom the
court has made a pecuniary penalty order, make an order declaring that the
whole, or a specified part, of that property is available to satisfy the
pecuniary penalty order.
(4)
Where a court declares that property is available to satisfy a
pecuniary penalty order:
(a) the order may be enforced against the property as if the property
were property of the person against whom the order is made; and
(b) a restraining order may be made in respect of the property as if
the property were property of the person against whom the order is made.
(5)
Where the DPP makes an application for an order under
subsection (3) that property is available to satisfy a pecuniary penalty
order against a person:
(a) the DPP shall give written notice of the application to the person
and to any person who the DPP has reason to believe may have an interest in
the property; and
(b) the person and any person who claims an interest in the property
may appear and adduce evidence at the hearing of the application.