Commonwealth Consolidated Acts

PROCEEDS OF CRIME ACT 2002 - SECT 337A

             (1)  If:

                     (a)  an application (the current application ) is made for a ^* 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.

             (2)  The testing time for the current application is:

                     (a)  if the current application is an application for a ^* 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

                             (ii)  an earlier restraining order has been made in respect of the same offence;

                            the time when the application was made for that earlier restraining order; or

                     (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.

             (3)  In this section:

"offence against a law of a foreign country" includes an offence triable by a military commission of the United States of America established under a Military Order of 13 November 2001 made by the President of the United States of America and entitled "Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism".