Australian Capital Territory Numbered Acts

CONFISCATION OF CRIMINAL ASSETS ACT 2003 (NO. 8 OF 2003) - SECT 16

    (1)     This section applies to an offender in relation to an indictable offence if—

        (a)     an indictment is presented against the offender for the offence; and

        (b)     a warrant is issued for the arrest of the offender for the offence; and

        (c)     either—

              (i)     the offender is committed for trial for the offence; or

              (ii)     a court, in a confiscation proceeding, makes a finding that the evidence is of sufficient weight to support the offender's conviction for the offence.

    (2)     For this Act, the offender is taken to have absconded in relation to the offence if—

        (a)     the offender dies before the warrant is executed; or

        (b)     at the end of 6 months after the day the warrant is issued, the offender cannot be found; or

        (c)     at the end of 6 months after the day the warrant is issued—

              (i)     the offender is not amenable to justice for any other reason; and

              (ii)     if the offender is outside the ACT—an extradition proceeding against the offender is not on foot; or

        (d)     at the end of 6 months after the day the warrant is issued—

              (i)     the offender is not amenable to justice because the offender is outside the ACT; and

              (ii)     an extradition proceeding against the offender is on foot;

and the extradition proceeding later ends without an order for the offender's extradition being made.