PROCEEDS OF CRIME ACT 1987 - SECT 61 Registered foreign restraining orders--court may direct Official Trustee to take custody and control of property

PROCEEDS OF CRIME ACT 1987 - SECT 61

  (1)   Where a foreign restraining order against property is registered in a court in Australia under the Mutual Assistance Act, the court may, if satisfied, upon application by the DPP, that the circumstances so require, by order direct the Official Trustee to take custody and control of the property, or of such part of the property as is specified in the court's order.

  (2)   The DPP shall give written notice of an application for an order under subsection   ( 1) in respect of property to:

  (a)   the owner of the property; and

  (b)   any other person the DPP has reason to believe may have an interest in the property.

  (3)   Where the DPP applies to a court for an order under subsection   ( 1), the court may, at any time before the final determination of the application, direct the DPP to give or publish notice of the application to a specified person or class of persons, in the manner and within the time that the court considers appropriate.

  (4)   A person who claims an interest in property in respect of which an application under subsection   ( 1) is made may appear and adduce evidence at the hearing of the application.

  (5)   Where an order is made under subsection   ( 1) in respect of property of a person (in this subsection called the respondent ), the court may, at the time when it makes the order or at any later time, make any one or more of the following orders:

  (a)   an order regulating the manner in which the Official Trustee may exercise its powers or perform its duties under the order under subsection   ( 1);

  (b)   an order determining any question relating to that property, including any question relating to the liabilities of the respondent and the exercise of the powers, or the performance of the duties, of the Official Trustee with respect to that property;

  (c)   an order directing the respondent to furnish to the Official Trustee, within a period specified in the order under this subsection, a statement, verified by the oath of the respondent, setting out such particulars of the property of the respondent as the court thinks proper.

  (6)   Where the Official Trustee is given a direction under subsection   ( 1) in relation to property, the Official Trustee may do anything that is reasonably necessary for the purpose of preserving the property including, without limiting the generality of this:

  (a)   becoming a party to any civil proceedings affecting the property;

  (b)   ensuring that the property is insured; and

  (c)   if the property consists, in whole or in part, of a business--employing, or terminating the employment of, persons in the business.

  (7)   Notwithstanding anything in the Bankruptcy Act, money that has come into the custody and control, of the Official Trustee under an order under subsection   ( 1) shall not be paid into the Common Investment Fund established by section   20B of that Act.