Proceeds of Crime Act 2002

CHAPTER 6 - INTERPRETING THIS ACT  

PART 6-1 - MEANING OF SOME IMPORTANT CONCEPTS  

Division 2 - Convicted and related concepts  

SECTION 334   Meaning of abscond  

334(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.

334(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.

334(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.