Commonwealth Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

PROCEEDS OF CRIME ACT 2002 No. 85, 2002 - SECT 296

Credits to the Account

(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.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback