Commonwealth Numbered Acts

CRIMES LEGISLATION AMENDMENT ACT 1992 No. 164 of 1992 - SECT 51

51. Section 49 of the Principal Act is amended:
(a) by omitting from paragraph (1)(b) "the Official Trustee has custody and
control of property under" and substituting "property is subject to";

   (b)  by adding at the end of paragraph (2)(a) "and";

   (c)  by omitting from paragraph (2)(b) "and";

   (d)  by omitting paragraph (2)(c);

   (e)  by inserting after subsection (2) the following subsection:

"(2A) If:

   (a)  a pecuniary penalty order has been made against a person ('the
        defendant') in reliance on the defendant's conviction of an offence;
        and

   (b)  a restraining order is in force against:

        (i)    property of the defendant; or

        (ii)   property of another person in relation to which an order under
               subsection 28(3) is in force; the Court may, on application by
               the DPP, direct the Official Trustee to pay the Commonwealth,
               in accordance with this section, an amount equal to the penalty
               amount out of the property.";

   (f)  by omitting from subsection (3) "or (2)" and substituting ", (2) or
        (2A)";

   (g)  by omitting from paragraph (3)(a) "under the control of the Official
        Trustee" and substituting "subject to the restraining order";

   (h)  by omitting from subsection (5) "or (2)" and substituting ", (2) or
        (2A)";

   (i)  by omitting from paragraph (5)(b) "shall not";

   (j)  by omitting from subsection (6) "or (2)" and substituting ", (2) or
        (2A)";