Commonwealth Numbered Acts

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PROCEEDS OF CRIME ACT 2002 No. 85, 2002 - SECT 159

Deductions from literary proceeds amounts

In determining the * literary proceeds amount under a * literary proceeds order against a person, the court must deduct the following:

(a)
any expenses and outgoings that the person incurred in deriving the * literary proceeds;

(b)
the value of any property of the person forfeited under:

(i)
a * forfeiture order; or
(ii)
an * interstate forfeiture order; or
(iii)
a * foreign forfeiture order;
relating to the offence to which the literary proceeds order relates, to the extent that the property is literary proceeds;

(c)
any amount payable by the person under:

(i)
a * pecuniary penalty order; or
(ii)
an order under section 243B of the Customs Act 1901 ; or
(iii)
an * interstate pecuniary penalty order; or
(iv)
a * foreign pecuniary penalty order;
relating to the offence to which the literary proceeds order relates, to the extent that the amount is literary proceeds;

(d)
the amount of any previous literary proceeds order made against the person in relation to the same exploitation of the person's notoriety resulting from the person committing the offence in question.



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