Proceeds of Crime Act 2002
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.
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.
