INTERNATIONAL CRIMINAL COURT ACT 2002 No. 41, 2002 - SECT 159 Forfeiture may be treated as pecuniary penalty order

Commonwealth Numbered Acts

Forfeiture may be treated as pecuniary penalty order

(1): This section applies if the Attorney-General is unable to give effect to a forfeiture order.
(2): The Attorney-General must take measures to recover:

(a): the value specified by the International Criminal Court to be the value of the property ordered by that Court to be forfeited; or
(b): if the International Criminal Court has not specified the value of the property ordered by that Court to be forfeited—the value that, in the Attorney-General's opinion, is the value of that property.

(3): The forfeiture order is taken, for the purposes of the Proceeds of Crime Act, to be a pecuniary penalty order for an amount equal to the value referred to in subsection (2) and may be enforced as if it were a pecuniary penalty order made by the court in which the forfeiture order was registered.
(4): Division 4 of Part 2-4 of the Proceeds of Crime Act applies to the enforcement of the forfeiture order as a pecuniary penalty order as if:

(a): references in that Division to indictable offences or serious offences were references to crimes within the jurisdiction of the ICC; and
(b): the reference in paragraph 142(2)(a) of that Act to the order being discharged under Division 5 were a reference to the conviction being quashed by the ICC; and
(c): subsections 140(3) and (5) of that Act were omitted.

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