Proceeds of Crime Act 2002

Schedule 2 - Transitional, application and saving provisions relating to the national cooperative scheme on unexplained wealth  

Note:

See section 14N .

PART 1 - GENERAL  

Division 1 - Termination of State reference or adoption  

SECTION 1   Effect of termination on things that happened beforehand etc.  

1(1)    
This clause applies if a *participating State ceases to be a participating State because it has terminated its reference or adoption as described in subsection 14C(8) or (9) .

1(2)    
The termination does not:

(a) revive anything not in force or existing at the time at which the termination takes effect; or

(b) affect the previous operation of the *national unexplained wealth provisions before the termination; or

(c) affect any proceedings instituted under or in relation to the national unexplained wealth provisions before the termination; or

(d) affect any order made under or in relation to the national unexplained wealth provisions before the termination; or

(e) affect any thing done under or in relation to the national unexplained wealth provisions before the termination; or

(f) affect any right, privilege, obligation or liability acquired, accrued or incurred under or in relation to the national unexplained wealth provisions before the termination; or

(g) affect any penalty, forfeiture or punishment incurred under or in relation to the national unexplained wealth provisions before the termination; or

(h) affect any investigation, action, proceedings or remedy in relation to any matter referred to in paragraph (c), (d), (e), (f) or (g).

Paragraphs (a) to (h) do not limit each other.

1(3)    
Without limiting subclause (2) but subject to subclause (4):

(a) any proceedings instituted under or in relation to the *national unexplained wealth provisions before the termination continue after the termination as if the termination had not occurred; and

(b) any order made under or in relation to the national unexplained wealth provisions before the termination continues in force after the termination as if the termination had not occurred; and

(c) any proceedings or remedy in relation to a matter referred to in paragraph (2)(c), (d), (f) or (g) may be instituted, continued, obtained or enforced after the termination as if the termination had not occurred; and

(d) any investigation in relation to a matter referred to in paragraph (2)(c), (d), (f) or (g) may be continued after the termination as if the termination had not occurred; and

(e) any action in relation to any proceedings, order, remedy or investigation referred to in a paragraph of this subclause may be taken after the termination as if the termination had not occurred.

Paragraphs (a) to (e) of this subclause do not limit each other.

1(4)    
This Act, as in force immediately before the termination, continues to apply after the termination in relation to any matter referred to in paragraphs (2)(c) to (h) or (3)(a) to (e) as if the termination had not occurred.