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 281   Proceeds from sale of property  

View history reference

281(1)    
Amounts realised from any sale of the * controlled property under section 278 :

(a)    

View history reference

if the property was covered by a *restraining order - are taken to be covered by the restraining order; or

(b)    

View history reference

if the property was covered by a *forfeiture order - are taken to be covered by the forfeiture order; or

(c)    

View history reference

if the property was forfeited under section 92 - are taken to be forfeited under that section; or

(d)    

View history reference

if the property was subject to a charge under section 142 - are taken to be subject to the charge; or

(e)    

View history reference

if the property was subject to a charge under section 169 - are taken to be subject to the charge; or

(f)    

View history reference

if the property was subject to a charge under section 179SA - are taken to be subject to the charge.

 View history note

 Hide history note

History

S 281 amended by No 3 of 2021, s 3 and Sch 7 items 37 and 38, by inserting " (1) " before " Amounts " and substituting para (a) to (f) for para (a) and (b), applicable in relation to a sale that occurs after 17 February 2021. Para (a) and (b) formerly read:

(a) are taken to be covered by the * restraining order that covered the property; and

(b) if the restraining order covered the property on the basis that the property was * proceeds of an offence or an * instrument of an offence to which the order relates - continue to be proceeds of that offence or an instrument of that offence.

281(2)    

View history reference

If the *controlled property:

(a)    was covered by a *restraining order or *forfeiture order; and

(b)    was so covered on the basis that the property was *proceeds of an offence, or an *instrument of an offence, to which the restraining order or forfeiture order relates;

amounts realised from any sale of the property under section 278 continue to be proceeds of that offence or an instrument of that offence.

 View history note

 Hide history note

History

S 281(2) inserted by No 3 of 2021, s 3 and Sch 7 item 39, applicable in relation to a sale that occurs after 17 February 2021.

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.