New South Wales Consolidated Acts

CRIMINAL ASSETS RECOVERY ACT 1990 - SECT 32A

32A The national cooperative scheme

(1) In this section--

"cooperating State" has the meaning given by section 14F of the Commonwealth Proceeds of Crime Act.

"corresponding proceeds of a State or Territory" has the meaning given by the NCSUW agreement.

"national cooperative scheme" means a scheme under which any or all of the following happen--

(a) the State shares with the Commonwealth or another State or Territory, in accordance with this section, any corresponding proceeds of the State that are shareable,

(b) the Commonwealth, in accordance with a law of the Commonwealth, shares with the State any proceeds of confiscated assets that are shareable,

(c) a State (whether a participating State or a non-participating State) or a Territory, in accordance with a law of the State or Territory, shares with the State any corresponding proceeds of the State or Territory that are shareable.

"NCSUW agreement" means the Intergovernmental Agreement on the National Cooperative Scheme on Unexplained Wealth, as in force from time to time.

"non-participating State" has the meaning given by section 338 of the Commonwealth Proceeds of Crime Act.

"participating State" has the meaning given by section 14C of the Commonwealth Proceeds of Crime Act.

"proceeds of confiscated assets" has the meaning given by section 296 (3) of the Commonwealth Proceeds of Crime Act.

"shareable" , in relation to the proceeds of confiscated assets, has the meaning given by the NCSUW agreement.

(2) This section sets out the process under the national cooperative scheme for sharing with the Commonwealth or another State or Territory any corresponding proceeds of the State that are shareable.

(3) The corresponding proceeds of the State that are shareable with the Commonwealth or another State or Territory under the national cooperative scheme are to be reduced by any amount that is payable under section 32 (3) (a1) or (b).

(4) The amount left after any reduction is made under subsection (3) is the net amount.

(5) The Cooperating Jurisdiction Committee established under the NCSUW agreement must establish a subcommittee for the purposes of deciding matters under this section in relation to the net amount.

(6) The subcommittee must consist of the following members of the Cooperating Jurisdiction Committee--

(a) the State,

(b) if, in the decision-making period referred to in subsection (11), the Cooperating Jurisdiction Committee makes a unanimous decision that the Commonwealth, one or more other States (whether a participating State or a cooperating State) or Territories made a contribution (within the meaning of the NCSUW agreement) in relation to the recovery of the proceeds--each of those contributing jurisdictions.

(7) If, in the decision-making period referred to in subsection (11), the subcommittee makes a unanimous decision that--

(a) a non-participating State (other than a cooperating State) made a contribution (within the meaning of the NCSUW agreement) in relation to the recovery of the proceeds, and

(b) it is appropriate that a specified proportion of the net amount be payable to that State,

then the specified proportion of the net amount is payable to that State under the national cooperative scheme.

(8) If the subcommittee includes the Commonwealth, one or more participating States, cooperating States or Territories, then--

(a) any part of the net amount that remains after an application of subsection (7) is to be divided into equal proportions between the State and each of the other jurisdictions represented on the subcommittee, and

(b) the resulting proportion for each of those other jurisdictions is payable to the jurisdiction under the national cooperative scheme.

(9) However, if in the decision-making period referred to in subsection (11), the subcommittee makes a unanimous decision that--

(a) it is inappropriate for the sharing arrangements referred to in subsection (8) to apply, and

(b) it is appropriate that a specified proportion, of any part of the net amount that remains after an application of subsection (7), be payable to each of the jurisdictions represented on the subcommittee other than the State,

then--

(c) the sharing arrangements referred to in subsection (8) do not apply, and

(d) the specified proportion for each of those jurisdictions, of any part of the net amount that remains after an application of subsection (7), is payable to the jurisdiction under the national cooperative scheme.

(10) Decisions may be made under this section in relation to an amount before the amount is paid to the Proceeds Account or becomes the net amount.

Note : For example, if an unexplained wealth order is made that requires a person to pay to the State an amount, the Cooperating Jurisdiction Committee may establish a subcommittee, and the subcommittee may make decisions under this section about the sharing of that amount, before the amount is paid to the Proceeds Account or becomes the net amount.

(11) For the purposes of subsections (6), (7) and (9), the
"decision-making period" is--

(a) the period specified in the NCSUW agreement as being the decision-making period for the purposes of the national cooperative scheme, and

(b) if paragraph (a) does not apply--the period prescribed by the regulations as being the decision-making period for the purposes of the national cooperative scheme.

(12) The NCSUW agreement and the regulations may specify that the decision-making period starts or ends at a time before an amount is paid to the Proceeds Account.

(13) If an amount is payable to the Commonwealth or another State or Territory under this section, then the Treasurer must cause the amount to be paid to the Commonwealth or the other State or Territory in the period that is--

(a) the period specified in the NCSUW agreement as being the payment period for the purposes of the national cooperative scheme, and

(b) if paragraph (a) does not apply--the period prescribed by the regulations as being the payment period for the purposes of the national cooperative scheme.