Proceeds of Crime Act 2002

CHAPTER 4 - ADMINISTRATION  

PART 4-1 - POWERS AND DUTIES OF THE OFFICIAL TRUSTEE  

Division 4 - Discharging pecuniary penalty orders and literary proceeds orders  

SECTION 282A   Direction by a court to the Official Trustee in relation to certain restraining orders  

282A(1)    
A court may, if subsection (2), (3) or (4) applies, direct the *Official Trustee to pay the Commonwealth, out of property that is subject to a *restraining order under section 20A , an amount equal to the *unexplained wealth amount made under an *unexplained wealth order in relation to a person.

282A(2)    
The court that makes the *unexplained wealth order may include such a direction in the order if the *restraining order:

(a) has already been made against the person; and

(b) relates to property that constitutes part of the person's *total wealth.

282A(3)    
The court that makes the *restraining order may include such a direction in the order if:

(a) the *unexplained wealth order has been made against the person; and

(b) the restraining order is subsequently made:

(i) against the person under section 20A ; or

(ii) against property of another person in relation to which an order is in force under section 179S in relation to the unexplained wealth order.

282A(4)    

The court that made the *unexplained wealth order or the *restraining order may, on application by the *responsible authority for the relevant order, make the direction if:

(a) the unexplained wealth order has been made against the person; and

(b) the restraining order has been made:

(i) against the person under section 20A ; or

(ii) against property of another person in relation to which an order is in force under section 179S in relation to the unexplained wealth order