Commonwealth Consolidated Acts

PROCEEDS OF CRIME ACT 2002 - SECT 14H

When this section applies

  (1)   This section applies if:

  (a)   a law (the disapplying law ) of a * self - governing Territory is made for the purposes of this section; and

  (b)   the law declares that an * express amendment of this Act (other than this Subdivision) is not to apply to proceedings covered by subsection   (3), (4) or (5); and

  (c)   the disapplying law comes into force in the period of 6 months beginning on the day the amendment is enacted.

Application of this Act to proceedings

  (2)   This Act applies to the proceedings as if the amendment had not been enacted.

Proceedings for restraining orders

  (3)   Proceedings are covered by this subsection if:

  (a)   the proceedings are instituted while the disapplying law is in force; and

  (b)   the proceedings are for the making of a * restraining order under section   20A in relation to a * suspect; and

  (c)   the affidavit supporting the application for the order states that an * authorised officer suspects either or both of the following:

  (i)   that the suspect has committed a * Territory offence;

  (ii)   that the whole or any part of the suspect's * wealth was derived from a Territory offence.

Proceedings for unexplained wealth orders

  (4)   Proceedings are covered by this subsection if:

  (a)   the proceedings are instituted while the disapplying law is in force; and

  (b)   the proceedings are for the making of an * unexplained wealth order (including a * preliminary unexplained wealth order) in relation to a * suspect; and

  (c)   the application for the order states that an * authorised officer suspects that the whole or any part of the suspect's * wealth was derived from a * Territory offence.

Proceedings for other orders

  (5)   Proceedings are covered by this subsection if:

  (a)   the proceedings are instituted while the disapplying law is in force; and

  (b)   the proceedings are for the making of an order that relates to:

  (i)   a * restraining order that has been made in proceedings covered by subsection   (3); or

  (ii)   an * unexplained wealth order (including a * preliminary unexplained wealth order) that has been made in proceedings covered by subsection   (4).