Commonwealth Numbered Acts

PROCEEDS OF CRIME LEGISLATION AMENDMENT ACT 1991 No. 120, 1991 - SECT 14

14. Section 4 of the Principal Act is amended by inserting in subsection (1)
the following definitions: " `distributable funds' means money in the Trust
Fund that is:

   (a)  identified as distributable funds in accordance with the regulations
        (other than such money as is identified by the Official Trustee under
        subsection 34E (2) as suspended funds); or

   (b)  identified by the Official Trustee under subsection 34E (3) as
        distributable funds; `equitable sharing program' means an arrangement
        under which either or both of the following happen:

   (a)  the Commonwealth shares with a participating State a proportion of any
        proceeds of any unlawful activity recovered under a Commonwealth law,
        where, in the opinion of the Attorney-General, that State 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 shares with the Commonwealth any proceeds
        resulting from a breach of the criminal law of that State where, in
        the opinion of the appropriate Minister of that State, officers of a
        law enforcement agency of the Commonwealth have made a significant
        contribution to the recovery of those proceeds; `GBE' means a
        prescribed government business enterprise; `prescribed officer' means
        a Senior Executive Service Officer in the Attorney-General's
        Department appointed or employed under the Public Service Act 1922;
        `proceeds of confiscated assets' means the following:

   (a)  the remainder of the proceeds referred to in paragraph 9A (c) of the
        Crimes Act 1914;

   (b)  the money referred to in paragraph 208DA (3) (a) of the Customs Act 
        1901 ;

   (c)  the remainder of the proceeds referred to in paragraph 208DA (3) (b)
        of the Customs Act 1901;

   (d)  the amount referred to in subsection 243B (4);

   (e)  the remainder of the money referred to in paragraph 243G (6) (a) of
        the Customs Act 1901;

   (f)  the remainder of the proceeds referred to in paragraph 243G (6) (b) of
        the Customs Act 1901;

   (g)  the remainder of the money referred to in subparagraph 20 (3) (b) (i);

   (h)  the remainder of the proceeds referred to in subparagraph 20 (3) (b)
        (ii);

   (i)  the amount referred to in subsection 26 (8);

   (j)  the remainder of the money referred to in subparagraph 30 (4) (b) (i);

   (k)  the remainder of the proceeds referred to in subparagraph 30 (4) (b)
        (ii);

   (l)  an amount referred to in subsection 33 (1) or (2);

   (m)  an amount referred to in paragraph 34 (f);

   (n)  the remainder of the money referred to in paragraph 49 (6) (a);

   (o)  the remainder of the proceeds referred to in paragraph 49 (6) (b);

   (p)  the remainder of the money referred to in paragraph 63 (4) (a);

   (q)  the remainder of the proceeds referred to in paragraph 63 (4) (b);
        `suspended funds' means money in the Trust Fund that is:

   (a)  identified as suspended funds in accordance with the regulations
        (other than such money as is identified by the Official Trustee under
        subsection 34E (3) as distributable funds); or

   (b)  identified by the Official Trustee under subsection 34E (2) as
        suspended funds; `Trust Fund' means the Confiscated Assets Trust Fund
        established by section 34A;".