PROCEEDS OF CRIME ACT 2002 - SECT 153 Meaning of literary proceeds

PROCEEDS OF CRIME ACT 2002 - SECT 153

  (1)   Literary proceeds are any * benefit that a person derives from the commercial exploitation of:

  (a)   the person's notoriety resulting, directly or indirectly, from the person committing an * indictable offence or a * foreign indictable offence; or

  (b)   the notoriety of another person, involved in the commission of that offence, resulting from the first - mentioned person committing that offence.

  (2)   The commercial exploitation may be by any means, including:

  (a)   publishing any material in written or electronic form; or

  (b)   any use of media from which visual images, words or sounds can be produced; or

  (c)   any live entertainment, representation or interview.

  (3)   If the offence is an * indictable offence, it does not matter whether the * benefits are derived within or outside * Australia.

  (3A)   If the offence is a * foreign indictable offence, then a * benefit is not treated as * literary proceeds unless the benefit is derived in * Australia or transferred to Australia.

  (4)   In determining:

  (a)   whether a person has derived * literary proceeds; or

  (b)   the value of literary proceeds that a person has derived;

the court may treat as property of the person any property that, in the court's opinion:

  (c)   is subject to the person's * effective control; or

  (d)   was not received by the person, but was transferred to, or(in the case of money) paid to, another person at the person's direction.