Direction by a court to the Administrator
204 Direction by a court to the Administrator
A court that makes a pecuniary penalty order or literary proceeds order may, in the order, direct the Administrator to pay the Crown, out of property that is subject to a restraining order, an amount equal to—
the penalty amount under a pecuniary penalty order;
or
the amount to be paid under a literary proceeds order, if—
the order is made against a person in relation to one or more serious offences; and
the restraining order has already been made against that person in relation to the serious offence or one or more of the serious offences, or in relation to one or more related offences.
A court that makes a restraining order may, in the order, direct the Administrator to pay the Crown, out of property that is subject to a restraining order, an amount equal to—
the penalty amount under a pecuniary penalty order;
or
the amount to be paid under a literary proceeds order, if—
the pecuniary penalty order or literary proceeds order has been made against a person in relation to one or more serious offences;
and
the restraining order is subsequently made—
against the person in relation to the serious offence or one or more of the serious offences; or
against property of another person in relation to which an order is in force under section 123(1).
A court that made a pecuniary penalty order, a literary proceeds order or a restraining order may, on the application of the DPP, direct the
Administrator to pay the Crown, out of property that is subject to a restraining order, an amount equal to—
the penalty amount under a pecuniary penalty order;
or
the amount to be paid under a literary proceeds order, if—
the pecuniary penalty order or literary proceeds order has been made against a person in relation to one or more serious offences;
and
the restraining order has been made—
against the person in relation to the serious offence or one or more of the serious offences; or
against property of another person in relation to which an order is in force under section 123(1).
For the purposes of enabling the Administrator to comply with a direction given by a court under this section, a court may, in the order in which the direction is given or by a subsequent order—
direct the Administrator to sell or otherwise dispose of such of the property that is subject to the restraining order as the court specifies;
and
appoint an officer of the court or any other person—
to execute any deed or instrument in the name of a person who owns or has an interest in the property; and
to do any act or thing necessary to give validity and operation to the deed or instrument.
The execution of a deed or instrument by a person appointed by an order under subsection (4) has the same force and validity as if the deed or instrument had been executed by the person who owned or had the interest in the property.
This Act’s bill:Second reading speech
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