4CMeaning of literary proceeds

### 4C Meaning of literary proceeds > [*\[Section 4C Inserted by No. 60 of 2013, s. 5, Applied:01 Mar 2014\]*](/view/html/inforce/2014-03-01/act-2013-060#GS5@EN) > > > (1)  For the purposes of this Act, ***literary proceeds*** are any benefits that a person derives from the commercial exploitation of – > > > > > > (a) the notoriety of the person as a result, either directly or indirectly, of the person committing an offence; or > > > > > > > (b) the notoriety of the person as a result of his or her involvement, whether directly or indirectly, in the commission of an offence by another person. > > > (2)  In determining whether or not a person has derived literary proceeds, or determining the value of literary proceeds that a person has derived, an appropriate court may treat as the property of the person any property that, in the court's opinion – > > > > > > (a) is subject to the person's effective control; or > > > > > > > (b) was not received by the person, but was transferred or paid to another person – > > > > > > > > > > (i) at the direction of the first-mentioned person; or > > > > > > > > > > > (ii) as a result of a transaction involving the first-mentioned person; or > > > > > > > > > > > (iii) as payment for an act or omission of the first-mentioned person.