Commonwealth Numbered Acts

PROCEEDS OF CRIME ACT 1987 No. 87, 1987 - SECT 28

28. (1) In assessing the value of benefits derived by a person from the
commission of an offence or offences, the court may treat as property of the
person any property that, in the opinion of the court, is subject to the
effective control of the person whether or not the person has:

   (a)  any legal or equitable estate or interest in the property; or

   (b)  any right, power or privilege in connection with the property.

(2) Without limiting the generality of subsection (1), the court may have
regard to:

   (a)  shareholdings in, debentures over or directorships of any company that
        has an interest (whether direct or indirect) in the property;

   (b)  any trust that has a relationship to the property; and

   (c)  family, domestic and business relationships between persons having an
        interest in the property, or in companies of the kind referred to in
        paragraph (a) or trusts of the kind referred to in paragraph (b), and
        any other persons.

(3) Where a court, for the purposes of making a pecuniary penalty order
against a person, treats particular property as the person's property pursuant
to subsection (1), the court may, on application by the DPP, make an order
declaring that the property is available to satisfy the order.

(4) Where a court declares that property is available to satisfy a pecuniary
penalty order:

   (a)  the order may be enforced against the property as if the property were
        property of the person against whom the order is made; and

   (b)  a restraining order may be made in respect of the property as if the
        property were property of the person against whom the order is made.

(5) Where the DPP makes an application for an order under subsection (3) that
property is available to satisfy a pecuniary penalty order against a person:

   (a)  the DPP shall give written notice of the application to the person and
        to any person who the DPP has reason to believe may have an interest
        in the property; and

   (b)  the person and any person who claims an interest in the property may
        appear and adduce evidence at the hearing of the application.