PROCEEDS OF CRIME ACT 1987 - SECT 63 Discharge of certain registered foreign pecuniary penalty orders

PROCEEDS OF CRIME ACT 1987 - SECT 63

  (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 Australia under the Mutual Assistance Act;

  (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 Australia under the Mutual Assistance Act; and

  (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.