(1) If the * forfeiture order is still in force at the later time mentioned in
subsection 69(1), the * Official Trustee must, on the Commonwealth's behalf
and as soon as practicable:
- (a)
- dispose of any property specified in the
order that is not money; and
- (b)
- apply:
- (i)
- any amounts received from that disposal; and
- (ii)
- any property specified in the order that is money;
to payment of its remuneration and other costs, charges and expenses of the
kind referred to in subsection 288(1) payable to or incurred by it in
connection with the disposal and with the * restraining order that covered the
property; and
- (c)
- credit the remainder of the money and amounts received to the *
Confiscated Assets Account as required by section 296.
(2) However, if the * Official Trustee is required to deal with property
specified in a * forfeiture order but has not yet begun:
- (a)
- the Minister;
or
- (b)
- a * senior Departmental officer authorised by the Minister for the
purposes of this subsection;
may direct that the property be alternatively disposed of, or otherwise dealt
with, as specified in the direction.
(3) Such a direction could be that property is to be disposed of in accordance
with the provisions of a specified law.
- Note: The quashing of a conviction
of an offence relating to a forfeiture may prevent things being done under
this section: see section 86.