Subdiv 3Literary proceeds amounts may cover future literary proceeds

Subdivision 3—Literary proceeds amounts may cover future literary proceeds 116—Literary proceeds orders can cover future literary proceeds (1) A court may, on the application of the DPP, include in a literary proceeds order one or more amounts in relation to benefits that the person who is the subject of the order may derive in the future if the court is satisfied that— (a) the person will derive the benefits; and (b) if the person derives the benefits, they will be literary proceeds in relation to the serious offence to which the order relates. (2) Each amount included in the order is to be an amount that the court considers would be a literary proceeds amount in relation to a benefit that the person may derive in the future, if the court were to make a literary proceeds order after the person derived the benefit. 117—Enforcement of literary proceeds orders in relation to future literary proceeds If— (a) an amount is included in a literary proceeds order in relation to benefits that the person who is the subject of the order may derive in the future; and (b) the person subsequently derives the benefits, then, from the time the person derives the benefits, Part 5 Division 3 Subdivision 4 applies to the amount as if it were a literary proceeds amount. Division 3—Matters generally applicable to orders under this Part Subdivision 1—Applications for confiscation orders under this Part 118—Notice of application (1) The DPP must give written notice of an application for a confiscation order under this Part to the person who would be subject to the order if it were made, and must include a copy of the application, and any affidavit supporting the application, with the notice. (2) However, if the DPP requests and the court considers it appropriate— (a) in order to protect the integrity of any investigation or prosecution; or (b) for any other reason, the DPP may delay giving a copy of an affidavit to the person. (3) The court may, at any time before finally determining an application for a confiscation order under this Part— 119—Amending an application (1) The court hearing an application for a confiscation order under this Part may, on the application of the DPP or with the consent of the DPP, amend the application. (2) However, the court must not amend the application to include an additional benefit or instrument or additional literary proceeds (as the case requires) in the application unless the court is satisfied that— (a) the benefit, instrument or literary proceeds were not reasonably capable of identification when the application was originally made; or (b) necessary evidence became available only after the application was originally made. (3) The DPP must, on applying for an amendment to include an additional benefit or instrument or additional literary proceeds (as the case requires) in the application, give written notice of the application to amend to the person who would be subject to the confiscation order if it were made. Subdivision 2—Ancillary orders 120—Ancillary orders (1) The court that made a confiscation order under this Part, or any other court that could have made the confiscation order, may make any ancillary orders that the court considers appropriate. (2) An ancillary order may be made— (a) if made by the court that made the confiscation order under this Part—when making the order; or (b) in any case—at any time after the confiscation order is made. Subdivision 3—Reducing pecuniary penalty amount or literary proceeds amount 121—Reducing penalty amounts and literary proceeds amounts to take account of tax paid (1) A court making a pecuniary penalty order that relates to proceeds of a serious offence, or a literary proceeds order, against a person under this Part must reduce the penalty amount or literary proceeds amount under the order by an amount that, in the court's opinion, represents the extent to which tax that the person has paid is attributable to the benefits or literary proceeds (as the case requires) to which the order relates. (2) The tax may be tax imposed under a law of the Commonwealth, a State, a Territory or a foreign country. Subdivision 4—Enforcement 122—Enforcement of confiscation orders under this Part (1) A confiscation order under this Part is enforceable under the Enforcement of Judgments Act 1991. (2) However, if a pecuniary penalty order was made under section 97(2) when sentence was being passed on the person for the serious offence to which the order relates, the order cannot be enforced against the person within the period of 6 months commencing on the day the order was made. (3) If a pecuniary penalty order is made against a person after the person's death, this section has effect as if the person had died on the day after the order was made. 123—Property subject to a person's effective control (a) a person is subject to a confiscation order made by a court under this Part; and (b) the DPP applies to the court for an order under this section; and (c) the court is satisfied that particular property is subject to the effective control of the person, the court may make an order declaring that the whole, or a specified part, of that property is available to satisfy the confiscation order. (2) An order under subsection (1) may be enforced against the property as if the property were the person's property. (3) A restraining order may be made in respect of the property as if— (a) the property were the person's property; and (b) the person had committed a serious offence. (4) The DPP must, on applying for an order under subsection (1) relating to particular property, give written notice of the application to— (a) the person who is subject to the confiscation order; and (b) a person whom the DPP has reason to believe may have an interest in the property. (5) The person who is subject to the confiscation order, and any person who claims an interest in the property, may appear and adduce evidence at the hearing of the application.