Commonwealth Consolidated Acts

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PROCEEDS OF CRIME ACT 1987 - SECT 34C

Debits from the Confiscated Assets Special Account

             (1)   The purposes of the Confiscated Assets Special Account are:

                     (a)   to the extent to which it comprises suspended funds:

                              (i)   making such payments, if any, to States or to foreign countries as the Attorney‑General considers are appropriate under the equitable sharing program; and

                             (ii)   making such payments as the Attorney‑General considers necessary to satisfy the Commonwealth’s obligations in respect of a registered foreign forfeiture order, an order registered under section 45 of the International War Crimes Tribunals Act 1995 or a registered foreign pecuniary penalty order; and

                            (iii)   making such payments to a State as the Attorney‑General considers necessary following a credit to the Account under paragraph 34B(1)(b) of money received from a foreign country; and

                            (iv)   paying the prescribed annual management fee in accordance with the regulations; and

                             (v)   making such payments by way of restitution as are required under subparagraph 21(6)(d)(ii), paragraph 22(4)(b) or subparagraph 31(6)(d)(ii); and

                     (b)   to the extent to which it comprises distributable funds—making payments to a GBE of any proceeds of confiscated assets that relate to a relevant offence that caused financial loss to the GBE.

             (2)   In this section:

"relevant offence" means an offence against section 131.1, 132.1, 132.6, 132.8, 134.1, 134.2, 135.1, 135.2, 135.4, 136.1, 137.1 or 137.2 of the Criminal Code or a prescribed offence.



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