4CMeaning of literary proceeds

4C Meaning of literary proceeds

[Section 4C Inserted by No. 60 of 2013, s. 5, Applied:01 Mar 2014]

(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.