Australian Capital Territory Current Acts

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CONFISCATION OF CRIMINAL ASSETS ACT 2003 - SECT 129

Meaning of equitable sharing program

    (1)     In this division:

"equitable sharing program" means an arrangement under which 1 or more of the following happen:

        (a)     the Territory shares with the Commonwealth or a State a proportion of any proceeds of an unlawful activity recovered under a territory law (including this Act), if, in the Minister's opinion, the Commonwealth or that State has made a significant contribution to the recovery of the proceeds or to the investigation or prosecution of the unlawful activity;

        (b)     the Commonwealth or a State shares with the Territory a proportion of any proceeds of an unlawful activity recovered under a law of the Commonwealth or that State, if, in the opinion of the appropriate Minister of the Commonwealth or that State, the Territory has made a significant contribution to the recovery of the proceeds;

        (c)     the Territory shares with a foreign country a proportion of the proceeds of any unlawful activity recovered under a territory law, if, in the Minister's opinion, the foreign country has made a significant contribution to the recovery of the proceeds or to the investigation or prosecution of the unlawful activity.

    (2)     In subsection (1):

proceeds of an unlawful activity do not include proceeds of confiscated assets, or corresponding proceeds, that are shareable under the national cooperative scheme.

Note     Proceeds that are shareable are dealt with in div 10.3 under the national cooperative scheme on unexplained wealth.

"unlawful activity "means an act or omission that is—

        (a)     a relevant offence; or

        (b)     an offence against a law of a foreign country.



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