Commonwealth Consolidated Acts

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PROCEEDS OF CRIME ACT 1987 - SECT 6

Meaning of absconding

                   For the purposes of this Act (except section 17), a person shall be taken to abscond in connection with an offence if and only if:

                     (a)   an information is laid alleging the commission of the offence by the person;

                     (b)   a warrant for the arrest of the person is issued in relation to that information; and

                     (c)   one of the following occurs:

                              (i)   the person dies without the warrant being executed;

                             (ii)   at the end of the period of 6 months commencing on the day on which the warrant is issued:

                                        (A)   the person cannot be found; or

                                        (B)   the person is, for any other reason, not amenable to justice and, if the person is outside Australia , extradition proceedings are not on foot;

                            (iii)   at the end of the period of 6 months commencing on the day on which the warrant is issued:

                                        (A)   the person is, by reason of being outside Australia , not amenable to justice; and

                                        (B)   extradition proceedings are on foot;

                                   and subsequently those proceedings terminate without an order for the person’s extradition being made.



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