Proceeds of Crime (Consequential Amendments and Transitional Provisions) Act 2002 (86 of 2002)
Schedule 4 Bankruptcy
Part 1 Effect of proceeds of crime orders
Bankruptcy Act 1966
15 At the end of Division 2 of Part VI
Add:
Subdivision B - The effect of proceeds of crime orders and applications for proceeds of crime orders
114A - The effect of proceeds of crime orders
(1) If property of a bankrupt is covered by a restraining order, or a forfeiture order, made on or after the date of the bankruptcy, proceeds of property that is covered by the order must not be applied under Subdivision A while that property is so covered.
(2) If a pecuniary penalty order is made against a bankrupt on or after the date of the bankruptcy, proceeds of any of the property of the bankrupt must not be applied under Subdivision A while the order is in force.
Note: For proceeds of crime orders made before the date of the bankruptcy, see section 58A.
114B - The effect of applications for proceeds of crime orders
(1) If:
(a) an application is made under a proceeds of crime law for a restraining order or a forfeiture order; and
(b) if the order were made, it would cover property of a bankrupt (whether the application is made before, on or after the date of the bankruptcy);
proceeds of any of the property of the bankrupt that would be covered by the order must not be applied under Subdivision A before the application is finally determined.
(2) If:
(a) an application is made under a proceeds of crime law for a pecuniary penalty order; and
(b) the person against whom the order would be made is, or later becomes, a bankrupt;
proceeds of any of the property of the bankrupt must not be applied under Subdivision A before the application is finally determined.
114C - Director of Public Prosecutions must notify the trustee of certain matters
If circumstances arise as a result of which:
(a) this Subdivision prevents Subdivision A from being applied to the proceeds of property of a bankrupt; or
(b) this Subdivision no longer prevents Subdivision A from being applied to the proceeds of property of a bankrupt;
the Director of Public Prosecutions must, as soon as practicable, give the trustee written notice of the existence of the circumstances.
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