Australian Capital Territory Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

PROCEEDS OF CRIME ACT 1991 (NO. 103 OF 1991) - SECT 6

Meaning of “absconding”

6. For the purposes of this Act (other than section 17), a person shall be taken to abscond in connection with an offence only if—

        (a)     an information is laid alleging the commission of the offence by the person;

        (b)     a warrant for the arrest of the person is issued in relation to that information; and

        (c)     one of the following occurs:

              (i)     the person dies without the warrant being executed;

              (ii)     at the end of the period of 6 months commencing on the day on which the warrant is issued—

(A)     the person cannot be found; or

(B)     the person is, for any other reason, not amenable to justice and, if the person is outside the Territory, extradition proceedings are not on foot;

              (iii)     at the end of the period of 6 months commencing on the day on which the warrant is issued—

(A)     the person is, by reason of being outside the Territory, not amenable to justice; and

(B)     extradition proceedings are on foot;

and subsequently those proceedings terminate without an order for the person's extradition being made.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback