Crimes Legislation Amendment Act (No. 2) 2011 (174 of 2011)

Schedule 2   Proceeds of crime amendments

Part 1   Responsible authorities for proceeds of crime: the DPP and the AFP

Division 1   Main amendments

Proceeds of Crime Act 2002

6   Section 338

Insert:

responsible authority , in relation to an application for a *principal order, or a principal order, or to an application, proceedings, function, order, power or duty related to, or arising out of, such an application or order, means:

(a) in the case of an application for a principal order:

(i) the *proceeds of crime authority that made the application; or

(ii) if responsibility for the application has been transferred under section 315B - the proceeds of crime authority to which responsibility has been transferred (or has been latest transferred) under that section; or

(b) in the case of a principal order:

(i) the proceeds of crime authority that made the application for the order; or

(ii) if responsibility for that application, or the order, has been transferred under section 315B - the proceeds of crime authority to which responsibility has been transferred (or has been latest transferred) under that section.

Note 1: The proceeds of crime authority is the Commissioner of the Australian Federal Police, or the DPP (see the definition of proceeds of crime authority in this section). Either authority may start and conduct proceedings under this Act.

Note 2: Section 315B provides that responsibility for an application for a principal order, or for a principal order, may be transferred between the 2 proceeds of crime authorities.