Document ID: chunk:federal_register_of_legislation:C2018C00169:section:30:p2
Version: federal_register_of_legislation:C2018C00169
Segment Type: section
Provision Reference: s 30 (pt 2/3)
Character Range: 77991–80710

a person's conviction of a serious offence:
 (a) the property shall not, except with the leave of the court that made the relevant restraining order and in accordance with any directions of the court, be disposed of, or otherwise dealt with, by or on behalf of the Commonwealth, before the end of the appeal period in respect of the conviction; and
 (b) if, at the end of the appeal period in respect of the conviction, the conviction has not been quashed, then, subject to any direction under subsection (4A), the Official Trustee must, as soon as practicable after the end of the appeal period:
 (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, credit the amount of the remainder of the money to the Confiscated Assets Special Account 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, credit the amount of the remainder of those proceeds to the Confiscated Assets Special Account as required by section 34B.
 (4A) Where property is forfeited under this section because of a person's conviction of a serious offence, the Minister, or a prescribed officer authorised by the Minister for the purposes of this subsection, may, at or after the end of the appeal period in respect of the conviction but before the property is dealt with under paragraph (4)(b), direct that the property be disposed of, or otherwise dealt with, as specified in the direction.
 (5) Without limiting the generality of subsection (4A), the directions that may be given pursuant to that subsection include a direction that property is to be disposed of in accordance with the provisions of a law specified in the direction.
 (6) Where property is forfeited to the Commonwealth under subsection (1), the Minister may give all directions that are necessary or convenient to realise the Commonwealth's interest in the property.
 (7) Without limiting the generality of subsection (6), where registrable property is forfeited to the Commonwealth under subsection (1), the Minister may direct an officer of the Department or a police officer to do anything necessary and reasonable to obtain possession of any document necessary for the transfer of the property.
 (8) A reference in this section to the appeal period in relation to the conviction of a person of an offence is: