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COMMONWEALTHAct
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s 114B

The effect of applications for proceeds of crime orders

In force
Part VIAdministration of property
Division 2Order of payment of debts
Subdivision BThe effect of proceeds of crime orders and applications for proceeds of crime orders

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.

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Section 114B — The effect of applications for proceeds of crime orders — Bankruptcy Act 1966 (Commonwealth) — Barrister AI