Commonwealth Numbered Acts

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PROCEEDS OF CRIME ACT 2002 No. 85, 2002 - SECT 297

Payments out of the Account

(1) The following are purposes of the * Confiscated Assets Account in respect of * suspended funds:

(a)
making any payments to the States, to * self-governing Territories or to foreign countries that the Minister considers are appropriate under the * equitable sharing program;

(b)
making any payments under a program approved by the Minister under section 298;

(c)
making any payments that the Minister considers necessary to satisfy the Commonwealth's obligations in respect of:

(i)
a registered * foreign forfeiture order; or
(ii)
an order registered under section 45 of the International War Crimes Tribunals Act 1995 ; or
(iii)
a registered * foreign pecuniary penalty order;
(d)
making any payments to a State or to a self-governing Territory that the Attorney-General considers necessary following a crediting to the Account under paragraph 296(1)(b) of money received from a foreign country;

(e)
paying the * Official Trustee amounts that were payable to the Official Trustee under regulations made for the purposes of paragraph 288(1)(a) but that the Official Trustee has been unable to recover;

(f)
paying the annual management fee for the Official Trustee as specified in the regulations;

(g)
making any payments by way of restitution that are required under paragraph 73(2)(d) or 88(1)(b), subparagraph 102(1)(d)(ii) or subsection 289(2);

(h)
making any payments to a * legal aid commission under Part 4-2.

(2) Suspended funds are funds in the * Confiscated Assets Account that are:

(a)
identified as suspended funds in accordance with the regulations (other than money that is identified by the * Official Trustee under subsection 299(4) as * distributable funds); or

(b)
identified by the Official Trustee under subsection 299(2) as suspended funds.



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