Crimes Legislation Amendment (Economic Disruption) Act 2021

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:

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

property forfeited under section 92; or

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

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:

during the period:

beginning when the forfeiture order was made; and

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

during the period mentioned in section 86.

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:

beginning when the property was forfeited; and

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

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.

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.

to:

give the Official Trustee such information as the Official Trustee requires for the purposes of the exercise of the Official Trustee’s powers or the performance of the Official Trustee’s duties under this Part; and

do so within the period, and in the manner, specified in the notice;

to:

attend before the Official Trustee, or a person authorised in writing by the Official Trustee for the purposes of this paragraph, at the time and place specified in the notice; and

give evidence relating to any matters connected with the exercise of the Official Trustee’s powers or the performance of the Official Trustee’s duties under this Part;

to:

give evidence by video link to the Official Trustee, or a person authorised in writing by the Official Trustee for the purposes of this paragraph, if the evidence relates to any matters connected with the exercise of the Official Trustee’s powers or the performance of the Official Trustee’s duties under this Part; and

commence doing so at the time specified in the notice;

to:

give evidence by telephone to the Official Trustee, or a person authorised in writing by the Official Trustee for the purposes of this paragraph, if the evidence relates to any matters connected with the exercise of the Official Trustee’s powers or the performance of the Official Trustee’s duties under this Part; and

commence doing so at the time specified in the notice;

to:

produce all *books in the possession of the person notified relating to any matters connected with the exercise of the Official Trustee’s powers or the performance of the Official Trustee’s duties under this Part; and

do so within the period, and in the manner, specified in the notice.

In the case of a requirement under paragraph (1)(b), (c) or (d), the *Official Trustee or a person authorised under the paragraph concerned:

may require the evidence to be given on oath or affirmation, and either orally or in writing; and

for that purpose, may administer an oath or affirmation.

An oath or affirmation to be sworn or made by a person who is to give evidence by video link may be administered:

by means of video link, in as nearly as practicable the same way as if the person were to give evidence in the presence of the *Official Trustee or the person authorised under paragraph (1)(c), as the case may be; or

as follows:

on behalf of the Official Trustee or the person authorised under paragraph (1)(c), as the case may be;

by a person authorised by the Official Trustee or the person authorised under paragraph (1)(c), as the case may be;

at the place where the person is present for the purposes of giving evidence.

An oath or affirmation to be sworn or made by a person who is to give evidence by telephone may be administered:

by telephone, in as nearly as practicable the same way as if the person were to give evidence in the presence of the *Official Trustee or the person authorised under paragraph (1)(d), as the case may be; or

as follows:

on behalf of the Official Trustee or the person authorised under paragraph (1)(d), as the case may be;

by a person authorised by the Official Trustee or the person authorised under paragraph (1)(d), as the case may be;

at the place where the person is present for the purposes of giving evidence.

A person commits an offence if:

the person is required by a notice under paragraph 270(1)(c) to give evidence by video link; and

the person refuses or fails:

to be sworn or to make an affirmation; or

to answer a question that the person is required to answer by the *Official Trustee or a person authorised under that paragraph, as the case may be.

A person commits an offence if:

the person is required by a notice under paragraph 270(1)(d) to give evidence by telephone; and

the person refuses or fails:

to be sworn or to make an affirmation; or

to answer a question that the person is required to answer by the *Official Trustee or a person authorised under that paragraph, as the case may be.