Failure to produce a book
275A Failure to produce a book
A person commits an offence if:
the person is required by a notice under paragraph 270(1)(e) to produce a *book; and
the person refuses or fails to comply with the notice.
Penalty: Imprisonment for 6 months or 30 penalty units, or both.
33 Paragraph 278(2)(a)
Before “agreement”, insert “written”.
34 Section 279 (at the end of the heading)
Add “etc.”.
35 Paragraphs 279(1)(a) and (b)
Repeal the paragraphs, substitute:
if the *controlled property is covered by a *forfeiture order:
the person who was the owner of the property immediately before the forfeiture order was made; and
any other person whom the *Official Trustee has reason to believe may have had an *interest in the property immediately before the forfeiture order was made; or
if the controlled property is forfeited under section 92:
the person who was the owner of the property immediately before the forfeiture; and
any other person whom the Official Trustee has reason to believe may have had an interest in the property immediately before the forfeiture; or
in any other case:
the owner of the controlled property; and
any other person whom the Official Trustee has reason to believe may have an interest in the controlled property.
36 At the end of section 279
Add:
Pre‑disposal agreement
Subsection (1) does not require written notice of the proposed disposal of the *controlled property to be given to a person who has agreed in writing to the disposal of the controlled property.
If:
a person has agreed to the disposal of the *controlled property; and
the *Official Trustee disposes of the property;
the Official Trustee must:
give the person written notice of the disposal of the property; and
do so as soon as practicable after the disposal of the property.
37 Section 281
Before “Amounts”, insert “(1)”.
38 Paragraphs 281(a) and (b)
Repeal the paragraphs, substitute:
if the property was covered by a *restraining order—are taken to be covered by the restraining order; or
if the property was covered by a *forfeiture order—are taken to be covered by the forfeiture order; or
if the property was forfeited under section 92—are taken to be forfeited under that section; or
if the property was subject to a charge under section 142—are taken to be subject to the charge; or
if the property was subject to a charge under section 169—are taken to be subject to the charge; or
if the property was subject to a charge under section 179SA—are taken to be subject to the charge.
39 At the end of section 281
Add:
If the *controlled property:
was covered by a *restraining order or *forfeiture order; and
was so covered on the basis that the property was *proceeds of an offence, or an *instrument of an offence, to which the restraining order or forfeiture order relates;
amounts realised from any sale of the property under section 278 continue to be proceeds of that offence or an instrument of that offence.
40 At the end of Division 3 of Part 4‑1
Add:
This Act’s bill:Explanatory memorandumSecond reading speech
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