Proceeds of Crime Act 2002

CHAPTER 4 - ADMINISTRATION  

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

Division 3 - Dealings relating to controlled property  

SECTION 281   Proceeds from sale of property  

281(1)    
Amounts realised from any sale of the * controlled property under section 278 :

(a)    

if the property was covered by a *restraining order - are taken to be covered by the restraining order; or

(b)    

if the property was covered by a *forfeiture order - are taken to be covered by the forfeiture order; or

(c)    

if the property was forfeited under section 92 - are taken to be forfeited under that section; or

(d)    

if the property was subject to a charge under section 142 - are taken to be subject to the charge; or

(e)    

if the property was subject to a charge under section 169 - are taken to be subject to the charge; or

(f)    

if the property was subject to a charge under section 179SA - are taken to be subject to the charge.

281(2)    

If the *controlled property:

(a)    was covered by a *restraining order or *forfeiture order; and

(b)    was so covered on the basis that the property was *proceeds of an offence, or an *instrument of an offence, to which the restraining order or forfeiture order relates;

amounts realised from any sale of the property under section 278 continue to be proceeds of that offence or an instrument of that offence.