Document ID: chunk:federal_register_of_legislation:C2018C00169:section:49:p1
Version: federal_register_of_legislation:C2018C00169
Segment Type: section
Provision Reference: s 49 (pt 1/3)
Character Range: 148034–150653

49  Official Trustee to discharge pecuniary penalty
 (1) Where:
 (a) a pecuniary penalty order is made against a person (in this subsection called the defendant) in reliance on the defendant's conviction of an offence; and
 (b) at the time when the pecuniary penalty order is made, property is subject to a restraining order made, in reliance on the defendant's conviction of the offence or a related offence or in reliance on the charging or proposed charging of the defendant with the offence or a related offence, against:
 (i) property of the defendant; or
 (ii) property of another person in relation to which an order under subsection 28(3) is made;
the court may include in the pecuniary penalty order a direction to the Official Trustee to pay the Commonwealth, in accordance with this section, an amount equal to the penalty amount out of that property.
 (2) Where:
 (a) a pecuniary penalty order is made against a person (in this subsection called the defendant) in reliance on the defendant's conviction of an offence; and
 (b) a restraining order is subsequently made against:
 (i) property of the defendant; or
 (ii) property of another person in relation to which an order under subsection 28(3) is in force;
  in reliance on the defendant's conviction of the offence;
the court making the restraining order may include in the restraining order a direction to the Official Trustee to pay the Commonwealth, in accordance with this section, an amount equal to the penalty amount out of that property.
 (2A) If:
 (a) a pecuniary penalty order has been made against a person (the defendant) in reliance on the defendant's conviction of an offence; and
 (b) a restraining order is in force against:
 (i) property of the defendant; or
 (ii) property of another person in relation to which an order under subsection 28(3) is in force;
the Court may, on application by the DPP, direct the Official Trustee to pay the Commonwealth, in accordance with this section, an amount equal to the penalty amount out of the property.
 (3) For the purposes of enabling the Official Trustee to comply with a direction given by a court under subsection (1), (2) or (2A), the court may, in the order in which the direction is given or by a subsequent order:
 (a) direct the Official Trustee to sell or otherwise dispose of such of the property that is subject to the restraining order as the court specifies; and
 (b) appoint an officer of the court or any other person to execute any deed or instrument in the name of a person who owns or has an estate, interest or right in the property and to do any act or thing necessary to