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of a State or Territory.".

PART 10—AMENDMENTS OF THE PROCEEDS OF CRIME ACT 1987

Principal Act

40. In this Part, "Principal Act" means the Proceeds of Crime Act 19879.

Procedure on application

41. (1) Section 18 of the Principal Act is amended by adding at the end of subsection (1) "and to the evidence given in any such proceeding".

(2) The amendment made by subsection (1) applies in relation to an application made under subsection 14 (1) of the Principal Act after the commencement of this section for a confiscation order in respect

of a person's conviction, whether the person was convicted before or after that commencement.

Assessment of pecuniary penalty

  42. (1) Section 27 of the Principal Act is amended:

    (a) by inserting in subsection (1) the following definition:

    " 'insolvency trustee' means:

         (a)     in relation to a bankruptcy—the trustee of the estate of the bankrupt; or

         (b)     in relation to a composition or scheme of arrangement under Division 6 of Part IV of the Bankruptcy Act 1966— the trustee of the composition or scheme of arrangement; or

         (c)     in relation to a deed of assignment, a deed of arrangement or a composition under Part X of the Bankruptcy Act 1966—the trustee of the deed or the composition; or

         (d)     in relation to the estate of a deceased person in respect of which an order has been made under Part XI of the Bankruptcy Act 1966—the trustee of the estate;";

    (b)    by inserting in subparagraphs (2) (d) (i) and (2) (e) (i) ", during" after "before";

  (c)     by inserting in paragraph (4) (a) "during or" before "after";

  (d)    by inserting in paragraph (4) (a) "greatest" before "excess";

    (e)     by omitting from subsection (9) "the Official Trustee by reason of the person's bankruptcy" and substituting "an insolvency trustee".

(2)     The amendments made by paragraphs (1) (a) and (e) apply in relation to all assessements made under subsection 27 (2) of the Principal Act after the commencement of this section, whether the application for a pecuniary penalty order was made before or after that commencement.

(3)     The amendments made by paragraphs (1) (b), (c) and (d) apply only in relation to an application made under section 14 of the Principal Act for a pecuniary penalty order, after the commencement of this section.

Forfeiture of all restrained property if person convicted of serious offence

43. (1) Section 30 of the Principal Act is amended by omitting from subsection (8a) "in reliance on a person's conviction of a serious offence, a person" and substituting "in reliance on:

  (a)     a person's conviction of a serious offence; or

    (b)     the charging or proposed charging of a person with such an offence;

a person".

(2) The