35FOrder to discharge certain registered foreign pecuniary penalty orders

##### 35F Order to discharge certain registered foreign pecuniary penalty orders (1) If: (a) a foreign restraining order is made against property of a person in reliance on the person’s conviction, or alleged commission, of a foreign serious offence; and (b) the foreign restraining order is registered under Subdivision A of Division 2; and (c) a foreign pecuniary penalty order has been made against the person in relation to the person’s conviction, or alleged commission, of the offence or a related foreign serious offence; and (d) the foreign pecuniary penalty order has been registered under Subdivision A of Division 2; and (e) an order has been made under section 35 ordering the Official Trustee to take control of the property; the court in which the foreign pecuniary penalty order is registered may, by order, direct the Official Trustee to pay to the Commonwealth an amount out of that property. (2) The amount is to be the amount that would be the penalty amount under the Proceeds of Crime Act if the foreign pecuniary penalty order were a pecuniary penalty order under that Act. (3) For the purposes of enabling the Official Trustee to comply with the order under subsection (1), the court may, in that order or by a subsequent order: (a) direct the Official Trustee to sell or otherwise dispose of such of the property that is under the control of the Official Trustee as the court specifies; and (b) appoint an officer of the court or any other person: (i) to execute any deed or instrument in the name of a person who owns or has an interest in the property; and (ii) to do any act or thing necessary to give validity and operation to the deed or instrument. (4) The execution of the deed or instrument by the person appointed by an order under subsection (3) has the same force and validity as if the deed or instrument had been executed by the person who owned or had the interest in the property.