Document ID: chunk:federal_register_of_legislation:C2025C00034:section:285
Version: federal_register_of_legislation:C2025C00034
Segment Type: section
Provision Reference: s 285
Character Range: 457165–459609

285  Official Trustee not to carry out directions during appeal periods
 (1) If the *Official Trustee is given a direction under section 282 or 282A in relation to property, the Official Trustee must not:
 (a) if the property is money—apply the money under section 284 until the end of the appeal period under this section; and
 (b) if the property is not money—sell or otherwise dispose of the property until the end of that period.
 (2) The appeal period under this section is the period ending:
 (a) if the period provided for lodging an appeal against the *pecuniary penalty order, *literary proceeds order or *unexplained wealth order to which the direction relates has ended without such an appeal having been lodged—at the end of that period; or
 (b) if an appeal against the pecuniary penalty order, literary proceeds order or unexplained wealth order has been lodged—when the appeal lapses or is finally determined.
 (3) However, if the person is convicted of the offence, or any of the offences, to which the *pecuniary penalty order or *literary proceeds order relates, the appeal period is:
 (a) the period ending:
 (i) if the period provided for lodging an appeal against the conviction or convictions to which the direction relates has ended without such an appeal having been lodged—at the end of that period; or
 (ii) if an appeal against the conviction or convictions has been lodged—when the appeal lapses or is finally determined; or
 (b) the appeal period under subsection (2);
whichever ends last.
 (4) For the purposes of subsection (3):
 (a) if the person is to be taken to have been convicted of an offence because of paragraph 331(1)(b)—references in that subsection to lodging of an appeal against the conviction are references to lodging of an appeal against the finding that the person is guilty of the offence; and
 (b) if the person is to be taken to have been convicted of an offence because of paragraph 331(1)(c)—references in that subsection to lodging of an appeal against the conviction are references to lodging of an appeal against the person's conviction of the other offence referred to in that paragraph.

Controlled property
 (5) If the property to which a direction under section 282 or 282A relates is controlled property for the purposes of Division 3 of Part 4‑1, this section does not prevent or limit the exercise of powers or performance of duties by the *Official Trustee under that Division.