Crimes Legislation Amendment (Economic Disruption) Act 2021 (3 of 2021)

Schedule 7   Official Trustee

Part 1   General amendments

Division 1   Amendments

Proceeds of Crime Act 2002

17   After Division 2 of Part 2-3

Insert:

Division 2A - Controlled property

101A Official Trustee may take custody and control of forfeited property

(1) The *Official Trustee may take custody and control of property forfeited to the Commonwealth under section 92.

Note: Part 4-1 sets out the Official Trustee's powers over the property.

(2) If the *Official Trustee decides to take custody and control of property under subsection (1), the court that made the *restraining order referred to in paragraph 92(1)(b) in relation to the property may make either or both of the following orders:

(a) an order determining any question relating to the exercise of powers conferred on the Official Trustee under Division 3 of Part 4-1, or the performance of duties imposed on the Official Trustee under that Division, to the extent that those powers or duties relate to the property;

(b) an order directing any person to do anything necessary or convenient to enable the Official Trustee to take custody and control of the property.

(3) The court may only make an order under subsection (2) on the application of:

(a) the *responsible authority; or

(b) the person who, immediately before the property was forfeited under section 92, was the owner of the property covered by that order; or

(c) the *Official Trustee; or

(d) any other person who has the leave of the court.