Document ID: chunk:federal_register_of_legislation:C2025C00034:section:153
Version: federal_register_of_legislation:C2025C00034
Segment Type: section
Provision Reference: s 153
Character Range: 271088–272524

153  Meaning of literary proceeds
 (1) Literary proceeds are any *benefit that a person derives from the commercial exploitation of:
 (a) the person's notoriety resulting, directly or indirectly, from the person committing an *indictable offence or a *foreign indictable offence; or
 (b) the notoriety of another person, involved in the commission of that offence, resulting from the first‑mentioned person committing that offence.
 (2) The commercial exploitation may be by any means, including:
 (a) publishing any material in written or electronic form; or
 (b) any use of media from which visual images, words or sounds can be produced; or
 (c) any live entertainment, representation or interview.
 (3) If the offence is an *indictable offence, it does not matter whether the *benefits are derived within or outside *Australia.
 (3A) If the offence is a *foreign indictable offence, then a *benefit is not treated as *literary proceeds unless the benefit is derived in *Australia or transferred to Australia.
 (4) In determining:
 (a) whether a person has derived *literary proceeds; or
 (b) the value of literary proceeds that a person has derived;
the court may treat as property of the person any property that, in the court's opinion:
 (c) is subject to the person's *effective control; or
 (d) was not received by the person, but was transferred to, or(in the case of money) paid to, another person at the person's direction.