153Meaning of literary proceeds

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.