Commonwealth Numbered Acts

PROCEEDS OF CRIME LEGISLATION AMENDMENT ACT 1991 No. 120, 1991 - SECT 15

15. Section 20 of the Principal Act is amended:

   (a)  by omitting paragraph (3) (b) and substituting the following
        paragraph:
   "(b)   if, at the relevant time, the order has not been
discharged, then, subject to any direction under subsection (3A), the Official
Trustee must, as soon as practicable after the relevant time:

        (i)    if the property is money - after paying the Official Trustee's
               remuneration and other costs, charges and expenses of the kind
               referred to in subsection 55 (1) payable to or incurred by it
               in connection with the restraining order, pay the remainder of
               the money to the Trust Fund as required by section 34B; and

        (ii)   if the property is not money - sell or otherwise dispose of the
               property and, after paying the Official Trustee's remuneration
               and other costs, charges and expenses of the kind referred to
               in subsection 55 (1) payable to or incurred by it in connection
               with the restraining order or the sale or disposition, pay the
               remainder of those proceeds to the Trust Fund as required by
               section 34B.";

   (b)  by inserting after subsection (3) the following subsection:

"(3A) Where a court makes a forfeiture order against property, the
Attorney-General, or a prescribed officer authorised by the Attorney-General
for the purposes of this subsection, may, at or after the relevant time but
before the property is dealt with under paragraph (3) (b), direct that the
property be disposed of, or otherwise dealt with, as specified in the
direction.";

   (c)  by omitting from subsection (4) "paragraph (3) (b)" and "that
        paragraph" and substituting "subsection (3A)" and "that subsection",
        respectively.