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PROCEEDS OF CRIME ACT 2002 - SECT 152 Making literary proceeds orders

PROCEEDS OF CRIME ACT 2002 - SECT 152

Making literary proceeds orders

  (1)   A court with * proceeds jurisdiction may make an order requiring a person to pay an amount to the Commonwealth if:

  (a)   a * proceeds of crime authority applies for the order; and

  (b)   the court is satisfied that the person has committed an * indictable offence (whether or not the person has been convicted of the offence); and

  (c)   the court is satisfied that the person has derived * literary proceeds in relation to the offence.

  (2)   A court with * proceeds jurisdiction may make an order requiring a person to pay an amount to the Commonwealth if:

  (a)   a * proceeds of crime authority applies for the order; and

  (b)   the court is satisfied that the person has committed a * foreign indictable offence (whether or not the person has been convicted of the offence); and

  (c)   the court is satisfied that the person has derived * literary proceeds in relation to the offence.

  (3)   However, the * literary proceeds must have been derived after the commencement of this Act.

Note:   Because of section   14, it does not matter whether the offence to which the order relates was committed before or after the commencement of this Act.

  (4)   The court's power to make a * literary proceeds order in relation to an offence is not affected by the existence of another * confiscation order in relation to that offence.