(1) There must be credited to the * Confiscated Assets Account amounts equal
to:
- (a)
- * proceeds of confiscated assets; and
- (b)
- money paid to the Commonwealth by a foreign country, within the meaning of
the * Mutual Assistance Act, under a treaty or arrangement providing for
mutual assistance in criminal matters; and
- (c)
- money paid to the Commonwealth under a * foreign pecuniary penalty order
registered under section 34 of the Mutual Assistance Act; and
- (d)
- money deriving from the enforcement of an * interstate forfeiture order
registered in a * non-governing Territory, other than money covered by a
direction under subsection 70(2) or 100(2); and
- (e)
- the Commonwealth's share, under the * equitable sharing program, of
proceeds resulting from a breach of the criminal law of a State or a *
self-governing Territory; and
- (f)
- money, other than money referred to in paragraph (b), paid to the
Commonwealth by a foreign country in connection with assistance provided by
the Commonwealth in relation to the recovery by that country of the proceeds
of * unlawful activity or the investigation or prosecution of unlawful
activity; and
- (g)
- money paid to the Commonwealth under subsection 293(3), and any amounts
recovered by the Commonwealth as a result of executing a charge created under
section 302A.
(2) Subject to section 299, all amounts credited to the *
Confiscated Assets Account are to be identified in accordance with the
regulations as * distributable funds or * suspended funds and are to retain
that identity while they remain within the Account.
(3) The following are proceeds of confiscated assets :
- (a)
- the remainder of
the money and amounts referred to in paragraph 70(1)(c);
- (b)
- the amount referred to in paragraph 89(1)(c) or 90(f);
- (c)
- the remainder of the money and amounts referred to in paragraph 100(1)(c);
- (d)
- the amount referred to in paragraph 105(1)(c) or 106(f);
- (e)
- the amount referred to in subsection 140(1);
- (f)
- the amount referred to in subsection 167(1);
- (g)
- the remainder of the money and amounts referred to in paragraph 284(1)(c);
- (h)
- the amount referred to in paragraph 284(2)(a);
- (i)
- the remainder of the money referred to in paragraph 35G(1)(b) of the *
Mutual Assistance Act;
- (j)
- the remainder of the proceeds referred to in paragraph 35G(2)(c) of the *
Mutual Assistance Act;
- (k)
- the remainder of the proceeds referred to in paragraph 9A(c) of the
Crimes Act 1914 ;
- (l)
- the money referred to in paragraph 208DA(3)(a) of the Customs Act 1901 ;
- (m)
- the remainder of the proceeds referred to in paragraph 208DA(3)(b) of the
Customs Act 1901 ;
- (n)
- the amount referred to in subsection 243B(4) of the Customs Act 1901 ;
- (o)
- the remainder of the money referred to in paragraph 243G(6)(a) of the
Customs Act 1901 ;
- (p)
- the remainder of the proceeds referred to in paragraph 243G(6)(b) of the
Customs Act 1901 .
(4) The equitable sharing program is an arrangement under which any or all of
the following happen:
- (a)
- the Commonwealth shares with a participating State
or * self-governing Territory a proportion of any * proceeds of any *
unlawful activity recovered under a Commonwealth law, if, in the Minister's
opinion, that State or Territory has made a significant contribution to the
recovery of those proceeds or to the investigation or prosecution of the
relevant unlawful activity;
- (b)
- each participating State or Territory shares with the Commonwealth any
proceeds resulting from a breach of the criminal law of that State or
Territory if, in the opinion of the appropriate Minister of that State or
Territory, officers of an * enforcement agency have made a significant
contribution to the recovery of those proceeds;
- (c)
- the Commonwealth shares with a foreign country a proportion of any
proceeds of any unlawful activity recovered under a Commonwealth law if, in
the Minister's opinion, the foreign country has made a significant
contribution to the recovery of those proceeds or to the investigation or
prosecution of the unlawful activity.