Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-5 - LITERARY PROCEEDS ORDERS  

Division 6 - Literary proceeds orders covering future literary proceeds  

SECTION 178   Literary proceeds orders can cover future literary proceeds  

178(1)    
The court may include in a * literary proceeds order one or more amounts in relation to * benefits that the person who is the subject of the order may derive in the future if the court is satisfied that:

(a) the person will derive the benefits; and

(b) if the person derives the benefits, they will be * literary proceeds in relation to the offence to which the order relates.

178(2)    

However, the court must not include an amount in the order unless the *responsible authority, in its application for the order, requested the inclusion in the order of one or more amounts in relation to * benefits that the person who would be the subject of the order may derive in the future.

178(3)    
Each amount included in the order is to be an amount that the court considers would be a * literary proceeds amount in relation to a * benefit that the person may derive in the future, if the court were to make a * literary proceeds order after the person derived the benefit.

Note:

Division 2 describes how literary proceeds amounts are determined.