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 280   Procedure if person objects to proposed destruction or disposal  

280(1)    
If the * Official Trustee wishes to continue with a proposed destruction or disposal that has been objected to, the Official Trustee must apply to the court that made the * restraining order covering the * controlled property for an order that the Official Trustee may destroy or dispose of the property.

280(2)    
The court must make an order to destroy the * controlled property if:

(a) it is in the public interest to do so; or

(b) it is required for the health or safety of the public.

280(3)    
The court may take into account any matters it sees fit in determining whether it is in the public interest to destroy the * controlled property, including:

(a) the use to which the property would be put if it were sold; and

(b) whether the cost of restoring the property to a saleable condition would exceed its realisable value; and

(c) whether the cost of sale would exceed its realisable value; and

(d) whether the sale of the property would otherwise be legal.

280(4)    
The court may make an order to dispose of the * controlled property if, in the court's opinion:

(a) the property is likely to lose value; or

(b) the cost of controlling the property until it is finally dealt with by the * Official Trustee is likely to exceed, or represent a significant proportion of, the value of the property when it is finally dealt with.

280(4A)    

The court must make an order to dispose of the * controlled property, or a specified item or items of or a specified portion of the property, if in the court's opinion the disposal is necessary to pay, under Part 4-2 , a * legal aid commission's costs.

280(5)    
The court may also:

(a) order that a specified person bear the costs of controlling the * controlled property until it is finally dealt with by the * Official Trustee; or

(b) order that a specified person bear the costs of an objection to a proposed destruction or disposal of the property.