Document ID: chunk:federal_register_of_legislation:C2025C00155:section:243g:p2
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 243G (pt 2/3)
Character Range: 1608366–1610964

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 give validity and operation to the deed or instrument.
 (4) The execution of the deed or instrument by the person appointed by an order under subsection (3) has the same force and validity as if the deed or instrument had been executed by the person who owned or had the estate, interest or right in the property.
 (5) Where the Official Trustee is given a direction under subsection (1), (2) or (2A) in relation to property, the Official Trustee shall not:
 (a) if the property is money—apply the money in accordance with subsection (6) until the end of the appeal period; and
 (b) if the property is not money—sell or otherwise dispose of the property until the end of the appeal period.
 (6) Where the Official Trustee is given a direction under subsection (1), (2) or (2A) in relation to property, the Official Trustee shall, as soon as practicable after the end of the appeal period:
 (a) if the property is money:
 (i) apply the money in payment of the costs, charges, expenses and remuneration, of the kind referred to in subsection 243P(1), incurred or payable in connection with the restraining order and payable to the Official Trustee under the regulations; and
 (ii) subject to subsection (7), credit an amount equal to the remainder of the money to the Confiscated Assets Account as required by section 296 of the Proceeds of Crime Act 2002; and
 (b) if the property is not money:
 (i) sell or otherwise dispose of the property;
 (ii) apply the proceeds of the sale or disposition in payment of the costs, charges, expenses and remuneration of the kind referred to in subsection 243P(1), incurred or payable in connection with the restraining order or the sale or disposition and payable to the Official Trustee under the regulations; and
 (iii) subject to subsection (7), credit an amount equal to the remainder of those proceeds to the Confiscated Assets Account as required by section 296 of the Proceeds of Crime Act 2002.
 (7) Where the amounts to which subparagraph (6)(a)(ii) or (b)(iii) applies exceeds the penalty amount, the Official Trustee must:
 (a) credit to the Confiscated Assets Account as required by section 296 of the Proceeds of Crime Act 2002 an amount equal to the penalty amount; and
 (b) pay the balance to the person whose property was subject to the restraining order.
 (8)