Commonwealth Consolidated Acts Commonwealth Consolidated Acts (1)
Where:
(a) a foreign restraining order is made against property of a person in
reliance on the person’s conviction, or alleged commission, of a foreign
serious offence;
(b) the foreign restraining order is registered in a court in
(c) a foreign pecuniary penalty order has been or is made against the
person in reliance on the person’s conviction of the offence or a
related foreign serious offence;
(d) the foreign pecuniary penalty order has been or is registered in a
court in
(e) an order has been or is made under section 61 directing the
Official Trustee to take control of the property;
the court in which the
foreign pecuniary penalty order is registered may, by order, direct the
Official Trustee to pay to the Commonwealth, in accordance with this section,
an amount equal to the penalty amount out of that property.
(2)
For the purposes of enabling the Official Trustee to comply with the
order under subsection (1), the court may, in that order or by a
subsequent order:
(a) direct the Official Trustee to sell or otherwise dispose of such of
the property that is under the control of the Official Trustee as the court
specifies; and
(b) appoint an officer of the court or any other person to execute any
deed or instrument in the name of a person who owns or has an estate, or
interest or right in the property and to do any act or thing necessary to give
validity and operation to the deed or instrument.
(3)
The execution of the deed or instrument by the person appointed by an
order under subsection (2) has the same force and validity as if the deed
or instrument had been executed by the person who owned or had the estate,
interest or right in the property.
(4)
Where an order is made under subsection (1) in relation to
property, the Official Trustee shall, as soon as practicable after the order
is made:
(a) if the property is money:
(i) apply the money in payment of the costs payable to the Official
Trustee in accordance with section 55 in respect of the order under
section 61 in respect of the property; and
(ii) subject to subsection (5), credit the amount of the remainder
of the money to the Confiscated Assets Special Account as required by
section 34B; and
(b) if the property is not money:
(i) sell or otherwise dispose of the property;
(ii) apply the proceeds of the sale or disposition in payment of the
costs payable to the Official Trustee in accordance with section 55 in
respect of the order under section 61 in respect of the property
(including expenses incurred in connection with the sale or disposition of any
of the property to which the order under section 61 relates); and
(iii) subject to subsection (5), credit the amount of the
remainder of those proceeds to the Confiscated Assets Special Account as
required by section 34B.
(5)
Where the money or proceeds to which subparagraph (4)(a)(ii) or
(b)(iii) applies, exceeds the penalty amount, the Official Trustee shall:
(a) credit to the Confiscated Assets Special Account as required by
section 34B an amount equal to the penalty amount; and
(b) pay the balance to the person whose property was subject to the
order under section 61.
(6)
Where the Official Trustee credits, in accordance with an order under
subsection (1), an amount to the Confiscated Assets Special Account as
required by section 34B in satisfaction of a person’s liability
under a foreign pecuniary penalty, the person’s liability under the
foreign pecuniary penalty order shall, to the extent of the payment, be deemed
to be discharged.