Commonwealth Numbered Acts

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PROCEEDS OF CRIME ACT 2002 No. 85, 2002 - SECT 334

Meaning of abscond

(1) For the purposes of this Act, a person is taken to abscond in connection with an offence if and only if:

(a)
an information is laid alleging the person committed the offence; and

(b)
a warrant for the person's arrest is issued in relation to that information; and

(c)
subsection (2) applies to the person and the warrant.

(2) This subsection applies to a person and a warrant if either of the following occurs:

(a)
at the end of the period of 6 months commencing on the day on which the warrant is issued:

(i)
the person cannot be found; or
(ii)
the person is, for any other reason, not amenable to justice and, if the person is outside * Australia, extradition proceedings are not on foot;
(b)
at the end of the period of 6 months commencing on the day on which the warrant is issued:

(i)
the person is, because he or she is outside Australia, not amenable to justice; and
(ii)
extradition proceedings are on foot;
and subsequently those proceedings terminate without an order for the person's extradition being made.

(3) Extradition proceedings taking place in a jurisdiction in relation to a person are not taken, for the purposes of subsection (2), to be on foot unless the person is in custody, or is on bail, in that jurisdiction.



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