Proceeds of Crime Act 2002

CHAPTER 4 - ADMINISTRATION

PART 4-3 - CONFISCATED ASSETS ACCOUNT

Division 1 - Establishment, crediting and payments out of the Account

SECTION 297

297 Payments out of the account
The following are purposes of the * Confiscated Assets Account:

(a) making any payments by way of financial assistance to the States or *self-governing Territories that the Minister considers are appropriate under the *equitable sharing program;

(aa)

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making any payments to foreign countries that the Minister considers are appropriate under the equitable sharing program;

(ab)

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making any payments by way of financial assistance to the States or self-governing Territories in accordance with the *national cooperative scheme on unexplained wealth;

(ac)

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making any payments to foreign countries in accordance with the national cooperative scheme on unexplained wealth;

(b) making any payments under a program approved by the Minister under section 298 ;

(ba)

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transferring amounts to the *Federation Reform Fund in accordance with section 298E for the purposes of making grants to the States and Territories under section 298A ;

(c) making any payments that the Minister administering the Mutual Assistance in Criminal Matters Act 1987 considers necessary to satisfy the Commonwealth ' s obligations in respect of:

(i) a registered * foreign forfeiture order; or

(ii) an order registered under section 45 of the International War Crimes Tribunals Act 1995 ; or

(iii) a registered * foreign pecuniary penalty order;

(d) making any payments to a State or to a self-governing Territory that the Minister administering the Mutual Assistance in Criminal Matters Act 1987 considers necessary following a crediting to the Account under paragraph 296(1)(b) of money received from a foreign country;

(e)

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paying the * Official Trustee amounts that were payable to the Official Trustee under regulations made for the purposes of paragraph 288(1)(a) or (b) ;

(ea)

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paying the Official Trustee amounts that were payable to the Official Trustee under regulations made for the purposes of subsection 9B(1) of the Crimes Act 1914 ;

(f) paying the annual management fee for the Official Trustee as specified in the regulations;

(faa)

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making any payments in discharge of an *associated GST entity ' s liability to pay *GST in connection with a disposal under section 70 or 100 ;

(fa) making any payments the Commonwealth is directed to make by an order under paragraph 55(2)(a) , section 72 , paragraph 73(2)(d) , section 77 or 94A , subparagraph 102(d)(ii) or section 179L ;

(g) making any payments under an arrangement under paragraph 88(1)(b) or subsection 289(2) ;

(ga)

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making any payments in relation to the conduct of an * examination, so long as the payments have been approved by the *responsible authority for the *principal order, or application for a principal order, in relation to which the examination was conducted;

(h) making any payments to a * legal aid commission under Part 4-2 .

View history note

History

S 297 amended by No 54 of 2024, s 3 and Sch 1 items 29 and 94, by substituting " Federation Reform Fund " for " COAG Reform Fund " in para (ba), effective 6 July 2024.

S 297 amended by No 3 of 2021, s 3 and Sch 7 items 50 - 53, by inserting para (ba), substituting " or (b) " for " but that the Official Trustee has been unable to recover " in para (e) and inserting para (ea) and (faa), effective 17 February 2021. No 3 of 2021, s 3 and Sch 7 items 65 and 66 contain the following application provisions:

65 Application - paragraph 297(e) of the Proceeds of Crime Act 2002
(1)
The amendment of paragraph 297(e) of the Proceeds of Crime Act 2002 made by this Part, so far as it concerns amounts payable to the Official Trustee under regulations made for the purposes of paragraph 288(1)(a) of that Act, applies in relation to costs, charges and expenses incurred after the commencement of this item.

(2)
The amendment of paragraph 297(e) of the Proceeds of Crime Act 2002 made by this Part, so far as it concerns amounts payable to the Official Trustee under regulations made for the purposes of paragraph 288(1)(b) of that Act, applies in relation to remuneration that becomes payable after the commencement of this item.
66 Application - paragraph 297(ea) of the Proceeds of Crime Act 2002
(1)
Paragraph 297(ea) of the Proceeds of Crime Act 2002 (as amended by this Part), so far as it concerns amounts payable to the Official Trustee under regulations made for the purposes of paragraph 9B(1)(a) of the Crimes Act 1914 , applies in relation to costs, charges and expenses incurred after the commencement of this item.

(2)
Paragraph 297(ea) of the Proceeds of Crime Act 2002 (as amended by this Part), so far as it concerns amounts payable to the Official Trustee under regulations made for the purposes of paragraph 9B(1)(b) of the Crimes Act 1914 , applies in relation to remuneration that becomes payable after the commencement of this item.

S 297 amended by No 126 of 2018, s 3 and Sch 5 item 8, by substituting para (a) and inserting para (aa) to (ac), effective 10 December 2018. Para (a) formerly read:

(a) making any payments to the States, to * self-governing Territories or to foreign countries that the Minister considers are appropriate under the * equitable sharing program;

S 297 amended by No 31 of 2018, s 3 and Sch 2 items 164 and 165, by substituting " Minister administering the Mutual Assistance in Criminal Matters Act 1987 " for " Minister " in para (c) and " Minister administering the Mutual Assistance in Criminal Matters Act 1987 " for " Attorney-General " in para (d), effective 11 May 2018. No 31 of 2018, s 3 and Sch 1 Pt 5 contain the following transitional rules:

Part 5 - Transitional rules
284 Transitional rules
(1)
A Minister administering an Act amended by this Schedule (the amended Act ) may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the following:

(a) the amendments or repeals of the amended Act made by this Schedule;

(b) the effect of section 19 or 19A of the Acts Interpretation Act 1901 , in relation to a provision of the amended Act, because of an Administrative Arrangements Order made during the period:

(i) beginning on 20 December 2017; and

(ii) ending on the day before this item commences;

(c) the effect of a substituted reference order, made during the period mentioned in paragraph (b) of this subitem under section 19B of the Acts Interpretation Act 1901 , in relation to a provision of the amended Act.
Note:

Subparagraph (b)(i) - 20 December 2017 is the day an Administrative Arrangements Order was made to provide for certain matters to be dealt with by a Department of Home Affairs.

(2)
To avoid doubt, the rules may not do the following:

(a) create an offence or civil penalty;

(b) provide powers of:

(i) arrest or detention; or

(ii) entry, search or seizure;

(c) impose a tax;

(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in an Act;

(e) directly amend the text of an Act.

(3)
This Schedule (other than subitem (2)) does not limit the rules that may be made for the purposes of subitem (1).

(4)
Rules made for the purposes of this item that are registered under the Legislation Act 2003 before the end of the period of 12 months starting on the commencement of this item:

(a) may be expressed to take effect from a date before the rules are registered; and

(b) apply despite subsection 12(2) (retrospective application of legislative instruments) of that Act.

S 297 amended by No 174 of 2011, s 3 and Sch 2 item 137, by substituting " *responsible authority for the *principal order, or application for a principal order, in relation to which the examination was conducted " for " *DPP " in para (ga), effective 1 January 2012. For application provisions, see note under s 315B .

S 297(1) amended by No 4 of 2010, s 3 and Sch 1 items 207 and 208, by inserting para (fa) and substituting para (g), applicable in relation to orders and arrangements made on or after 20 February 2010. Para (g) formerly read:

(g) making any payments by way of restitution that are required under paragraph 73(2)(d) or 88(1)(b), subparagraph 102(1)(d)(ii) or subsection 289(2);

S 297(1) amended by No 4 of 2010, s 3 and Sch 1 item 199, by substituting " The following are purposes of the *Confiscated Assets Account: " for " (1) The following are purposes of the *Confiscated Assets Account in respect of *suspended funds: " , effective 20 February 2010.

297(2)
(Repealed by No 4 of 2010)

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