Proceeds of Crime Act 2002

CHAPTER 1 - INTRODUCTION  

PART 1-4 - APPLICATION  

Division 2 - The national unexplained wealth provisions  

Subdivision A - General  

SECTION 14F   When a non-participating State is a cooperating State  

States that have referred text references 1 and 2

14F(1)    
A *non-participating State is a cooperating State if:

(a) an *express amendment of section 14G or 14J (about rollback), or Division 2 of Part 4-3 (about sharing proceeds), was enacted; and

(b) before the amendment was enacted, the State was a *participating State; and

(c) after the amendment was enacted, the State ceased to be a participating State because it terminated either or both of the following:

(i) the referral of *text reference 1;

(ii) the referral of the *amendment reference; and

(d) the termination was effected by a proclamation that was made under the State ' s *referral Act for the purposes of this section; and

(e) the State has not terminated its referral of *text reference 2.

Note:

Under Division 2 of Part 4-3 (which is about sharing proceeds of confiscated assets under the national cooperative scheme), a non-participating State that is a cooperating State is treated in the same way as a participating State.

States that have adopted the post-amended versions of this Act

14F(2)    
A *non-participating State is also a cooperating State if:

(a) an *express amendment of section 14G or 14J (about rollback), or Division 2 of Part 4-3 (about sharing proceeds), was enacted; and

(b) before the amendment was enacted, the State was a *participating State; and

(c) after the amendment was enacted, the State ceased to be a participating State because it terminated either or both of the following:

(i) the adoption of *post-amended version 1 of this Act;

(ii) the referral of the *amendment reference; and

(d) the termination was effected by a proclamation that was made under the State ' s *adoption Act for the purposes of this section; and

(e) the State has not terminated its adoption of *post-amended version 2 of this Act.

14F(3)    
Despite subsections (1) and (2), a *non-participating State ceases to be, or is not, a cooperating State if a declaration under subsection (4) is in force in relation to the State.

14F(4)    
The Minister may, by legislative instrument, declare that a State is not a *cooperating State.

14F(5)    
A declaration made under subsection (4) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.