Commonwealth Consolidated Acts

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AUSTRALIAN FEDERAL POLICE ACT 1979 - SECT 45

Application for superannuation order

  (1)   If the DPP is authorised to apply for a superannuation order in respect of a person who is taken to have been convicted of an offence because of paragraph   42C(1)(b), the DPP must make that application to the appropriate court.

  (1A)   If:

  (a)   the DPP is authorised to apply for a superannuation order in respect of a person who is convicted of 1 or more offences; and

  (b)   the person is sentenced to imprisonment for life in respect of the offence, or any of the offences, or:

  (i)   if there is only 1 offence--to imprisonment for a term longer than 12 months; or

  (ii)   if there are 2 or more offences--to imprisonment for a single term longer than 12 months, or to cumulative terms that together add up to longer than 12 months, in respect of all or any of them;

the DPP must make that application to the appropriate court.

  (2)   The DPP must not make an application for a superannuation order otherwise than under this section.

  (3)   The DPP must take reasonable steps to give written notice of an application to the person in respect of whom the superannuation order is sought.



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