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 2 - Ceasing to be a relevant offence of a State  

SECTION 4   Effect of cessation on things that happen beforehand etc.  

4(1)    
This clause applies if an offence against a law of a *participating State ceases to be a *relevant offence of that State.

4(2)    
The cessation does not:

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

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

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

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

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

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

(h) affect any investigation, proceedings or remedy in relation to any right, privilege, obligation, liability, penalty, forfeiture or punishment referred to in paragraph (f) or (g).

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

4(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 cessation continue after the cessation as if the cessation had not occurred; and

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

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

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