Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If:
(a) an application (the current application ) is made for a * freezing order, * production order, * search warrant, * restraining order or * confiscation order in relation to conduct that constituted an offence against a law of a foreign country; and
(b) if the conduct had occurred in Australia at the testing time referred to in subsection (2), the conduct would have constituted an offence against a law of the Commonwealth, a State or a Territory punishable by at least 12 months imprisonment;
then, for the purposes of the current application, the conduct is treated as having constituted a foreign indictable offence at all relevant times.
Example: X commits an offence against a law of a foreign country at a time when the conduct is not an offence against Australian law. X then derives literary proceeds in relation to the offence and transfers the proceeds to Australia. After the proceeds are transferred, a new Commonwealth offence is created that applies to the type of conduct concerned. An application is then made for a literary proceeds order. For the purposes of the proceedings for that order, the original conduct is treated as having constituted a foreign indictable offence at all relevant times and accordingly an order can be made in respect of those proceeds.
(2) The testing time for the current application is:
(a) if the current application is an application for a * freezing order, * production order, * search warrant or * restraining order--the time when the current application was made; or
(b) if the current application is an application for a * confiscation order (other than a * literary proceeds order) in relation to a restraining order--the time when the application for the restraining order was made; or
(c) if:
(i) the current application is an application for a literary proceeds order; and
(ii) an earlier restraining order has been made in respect of the same offence;
the time when the application was made for that earlier restraining order; or
(d) if the current application is an application for a literary proceeds order but paragraph (c) does not apply--the time when the current application was made.