Commonwealth Consolidated Acts

PROCEEDS OF CRIME ACT 2002 - SECT 279

             (1)  The * Official Trustee must give written notice of the proposed destruction or disposal to:

                     (a)  the owner of the * controlled property; and

                     (b)  any other person whom the Official Trustee has reason to believe may have an * interest in the property.

             (2)  A person who has been so notified may object in writing to the * Official Trustee within 14 days of receiving the notice.

             (3)  However, the person may object to the disposal of the * controlled property for the reason set out in paragraph 278(2)(d) only if:

                     (a)  the value of the controlled property exceeds the total amount of the money payable to the * legal aid commission in question; and

                     (b)  the person and the * Official Trustee have failed to agree on which item or items of, or which portion of, the controlled property should be disposed of.

             (4)  An objection to which subsection (3) applies must:

                     (a)  relate only to which item or items of, or which portion of, the * controlled property should be disposed of; and

                     (b)  specify the item or items of, or the portion of, the controlled property that the person does not object to the * Official Trustee disposing of.