Australian Capital Territory Numbered Acts

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CONFISCATION OF CRIMINAL ASSETS ACT 2003 (NO. 8 OF 2003) - SECT 129

Meaning of equitable sharing program

    (1)     In this part:

"equitable sharing program" means an arrangement under which all or any 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):

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

        (a)     an indictable offence; or

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

Note     Indictable offence includes an offence against the law of the Commonwealth, a State or another Territory that may be dealt with under a law of the Commonwealth, the State or the other Territory as an indictable offence (see s 13 (2)).



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