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)    

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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.

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History

S 178(2) amended by No 174 of 2011, s 3 and Sch 2 item 95, by substituting " *responsible authority " for " *DPP " , effective 1 January 2012. For application provisions see note under s 315B .

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.

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