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 278   Destroying or disposing of property  

278(1)    
The * Official Trustee may 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.

278(2)    
The * Official Trustee may dispose of the * controlled property, by sale or other means:

(a)    

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with the written agreement of all parties with an * interest in the property; or

(b)    if the property is likely to lose value in the opinion of the Official Trustee; or

(c)    if, in the Official Trustee ' s opinion, the cost of controlling the property until the Official Trustee finally deals with it is likely to exceed, or represent a significant proportion of, the value of the property when it is finally dealt with; or

(d)    

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if, in the opinion of the Official Trustee, the disposal of the property or part of the property is necessary to pay, under Part 4-2 , a * legal aid commission ' s costs.

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History

S 278(2) amended by No 3 of 2021, s 3 and Sch 7 item 33, by inserting " written " in para (a), applicable in relation to an agreement made or given by a person after 17 February 2021.

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