Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-5 - LITERARY PROCEEDS ORDERS  

Division 1 - Making literary proceeds orders  

SECTION 153   Meaning of literary proceeds  

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.

153(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.

153(3)    
If the offence is an * indictable offence, it does not matter whether the * benefits are derived within or outside * Australia.

153(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.

153(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.