Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-2 - FORFEITURE ORDERS  

Division 4A - Controlled property  

SECTION 71A   Official Trustee may take custody and control of forfeited property  

71A(1)    
The *Official Trustee may take custody and control of any or all of the property covered by a *forfeiture order.

Note:

Part 4-1 sets out the Official Trustee ' s powers over the property.

71A(2)    
If the *Official Trustee decides to take custody and control of property under subsection (1), the court that made the *forfeiture order that covers the property may make either or both of the following orders:

(a)    an order determining any question relating to the exercise of powers conferred on the Official Trustee under Division 3 of Part 4-1 , or the performance of duties imposed on the Official Trustee under that Division, to the extent that those powers or duties relate to the property;

(b)    an order directing any person to do anything necessary or convenient to enable the Official Trustee to take custody and control of the property.

71A(3)    
The court may only make an order under subsection (2) on the application of:

(a)    the *responsible authority; or

(b)    the person who, immediately before the making of the *forfeiture order, was the owner of the property covered by that order; or

(c)    the *Official Trustee; or

(d)    any other person who has the leave of the court.