Document ID: chunk:federal_register_of_legislation:C2004C01279:clause:4_114b
Version: federal_register_of_legislation:C2004C01279
Segment Type: clause
Provision Reference: sch 4 cl 114B
Character Range: 103889–104715

114B  The effect of applications for proceeds of crime orders

 (1) If:
 (a) an application is made under a proceeds of crime law for a restraining order or a forfeiture order; and
 (b) if the order were made, it would cover property of a bankrupt (whether the application is made before, on or after the date of the bankruptcy);
proceeds of any of the property of the bankrupt that would be covered by the order must not be applied under Subdivision A before the application is finally determined.

 (2) If:
 (a) an application is made under a proceeds of crime law for a pecuniary penalty order; and
 (b) the person against whom the order would be made is, or later becomes, a bankrupt;
proceeds of any of the property of the bankrupt must not be applied under Subdivision A before the application is finally determined.