Proceeds of Crime Act 2002
If:
(a) an application (the current application ) is made for a *freezing order, *production order, *search warrant, * restraining order or * confiscation order in relation to conduct that constituted an offence against a law of a foreign country; and
(b) if the conduct had occurred in Australia at the testing time referred to in subsection (2), the conduct would have constituted an offence against a law of the Commonwealth, a State or a Territory punishable by at least 12 months imprisonment;
then, for the purposes of the current application, the conduct is treated as having constituted a foreign indictable offence at all relevant times.
Example:
X commits an offence against a law of a foreign country at a time when the conduct is not an offence against Australian law. X then derives literary proceeds in relation to the offence and transfers the proceeds to Australia. After the proceeds are transferred, a new Commonwealth offence is created that applies to the type of conduct concerned. An application is then made for a literary proceeds order. For the purposes of the proceedings for that order, the original conduct is treated as having constituted a foreign indictable offence at all relevant times and accordingly an order can be made in respect of those proceeds.
View history note
Hide history note337A(2)
The testing time for the current application is:
(a) if the current application is an application for a *freezing order, *production order, *search warrant or * restraining order - the time when the current application was made; or
(b) if the current application is an application for a * confiscation order (other than a * literary proceeds order) in relation to a restraining order - the time when the application for the restraining order was made; or
(c) if:
(i) the current application is an application for a literary proceeds order; and
the time when the application was made for that earlier restraining order; or
(ii) an earlier restraining order has been made in respect of the same offence;
(d) if the current application is an application for a literary proceeds order but paragraph (c) does not apply - the time when the current application was made.
337A(3)
(Repealed by No 4 of 2010)
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