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
24   After section 267

Insert:

267AA Additional property to which the Official Trustee's powers under Division 2 apply

(1) The powers conferred on the *Official Trustee under Division 2 may be exercised in relation to:

(a) property that is the subject of a *forfeiture order; or

(b) property forfeited under section 92; or

(c) property that is subject to a direction under section 282 or 282A.

(2) Without limiting the definition of controlled property in section 267, for the purposes of Division 2, that property is controlled property .

267AB Additional property to which the Official Trustee's powers under Division 3 apply

(1) The powers conferred on the *Official Trustee under Division 3 may be exercised, and the duties imposed on the Official Trustee under Division 3 are to be performed, in relation to:

(a) property that is the subject of a *forfeiture order; or

(b) property forfeited under section 92; or

(c) property that is subject to a direction under section 282 or 282A.

(2) If property is the subject of a *forfeiture order, the powers conferred on the *Official Trustee under Division 3 may be exercised, and the duties imposed on the Official Trustee under Division 3 are to be performed, in relation to the property:

(a) during the period:

(i) beginning when the forfeiture order was made; and

(ii) ending at the later of the times set out in subsection 69(1); or

(b) during the period mentioned in section 86.

(3) If property is forfeited under section 92, the powers conferred on the *Official Trustee under Division 3 may be exercised, and the duties imposed on the Official Trustee under Division 3 are to be performed, in relation to the property during the period:

(a) beginning when the property was forfeited; and

(b) ending at the end of the period mentioned in subsection 99(1).

(4) If property is subject to a direction under section 282 or 282A, the powers conferred on the *Official Trustee under Division 3 may be exercised, and the duties imposed on the Official Trustee under Division 3 are to be performed, in relation to the property during the appeal period under section 285.

(5) Without limiting the definition of controlled property in section 267, for the purposes of Division 3 and sections 289 and 290, property covered by subsection (1), (2), (3), or (4) of this section is controlled property .


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