Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) There must be credited to the * Confiscated Assets Account amounts equal to:
(a) * proceeds of confiscated assets; and
(aa) input tax credits:
(i) to which the * Official Trustee is entitled; and
(ii) that are in connection with disposals under section 70 or 100; and
(b) money paid to the Commonwealth by a foreign country, within the meaning of the * Mutual Assistance Act, under a treaty or arrangement providing for mutual assistance in criminal matters; and
(c) money paid to the Commonwealth under a * foreign pecuniary penalty order registered under section 34 of the Mutual Assistance Act; and
(d) money deriving from the enforcement of an * interstate forfeiture order registered in a * non - governing Territory, other than money covered by a direction under subsection 70(2) or 100(2); and
(e) amounts paid to the Commonwealth by a State or * self - governing Territory under the * equitable sharing program; and
(ea) amounts paid to the Commonwealth by a State or self - governing Territory under the * national cooperative scheme on unexplained wealth; and
(f) money, other than money referred to in paragraph (b), paid to the Commonwealth by a foreign country in connection with assistance provided by the Commonwealth in relation to the recovery by that country of the proceeds of * unlawful activity or the investigation or prosecution of unlawful activity; and
(g) money paid to the Commonwealth under subsection 293(3), and any amounts recovered by the Commonwealth as a result of executing a charge created under section 302A; and
(gb) money (other than a penalty) that is paid by a person to the Commonwealth (directly or indirectly) under, or in connection with, a * foreign deferred prosecution agreement, and that represents any or all of the following:
(i) the whole or a part of * benefits the person derived from alleged * unlawful activity;
(ii) the whole or a part of property that is wholly or partly derived or realised by the person, directly or indirectly, from alleged unlawful activity;
(iii) the whole or a part of property that is used in, or in connection with, the commission of alleged unlawful activity;
(iv) the whole or a part of property that is intended to be used in, or in connection with, the commission of alleged unlawful activity; and
(h) the remainder of the money referred to in paragraph 35G(1)(b) of the * Mutual Assistance Act; and
(i) the remainder of the proceeds referred to in paragraph 35G(2)(c) of the Mutual Assistance Act; and
(j) the remainder of the proceeds referred to in paragraph 9A(c) of the Crimes Act 1914 ; and
(k) the money referred to in paragraph 208DA(3)(a) of the Customs Act 1901 ; and
(l) the remainder of the proceeds referred to in subparagraph 208DA(3)(b)(iii) of the Customs Act 1901 ; and
(m) the amount referred to in subsection 243B(4) of the Customs Act 1901 ; and
(n) the remainder of the money referred to in paragraph 243G(6)(a) of the Customs Act 1901 ; and
(o) the remainder of the proceeds referred to in subparagraph 243G(6)(b)(iii) of the Customs Act 1901 .
(3) The following are proceeds of confiscated assets :
(a) the remainder of the money and amounts referred to in paragraph 70(1)(c);
(b) the amount referred to in paragraph 89(1)(c) or 90(1)(f);
(c) the remainder of the money and amounts referred to in paragraph 100(1)(c);
(d) the amount referred to in paragraph 105(1)(c) or 106(1)(f);
(e) the amount referred to in subsection 140(1), to the extent it has been paid to the Commonwealth;
(f) the amount referred to in subsection 167(1), to the extent it has been paid to the Commonwealth;
(fa) the amount referred to in subsection 179R(1), to the extent it has been paid to the Commonwealth;
(g) the remainder of the money and amounts referred to in paragraph 284(1)(c);
(h) the amount referred to in paragraph 284(2)(a);
(i) amounts paid to the Commonwealth in settlement of proceedings connected with this Act.
(4) The equitable sharing program is an arrangement under which any or all of the following happen:
(a) the Commonwealth shares with a participating State or * self - governing Territory a proportion of any * proceeds of any * unlawful activity (other than * proceeds of confiscated assets that are shareable (within the meaning of the * NCSUW agreement)) recovered under a Commonwealth law, if, in the Minister's opinion, that State or Territory has made a significant contribution to the recovery of those proceeds or to the investigation or prosecution of the relevant unlawful activity;
(b) each participating State or Territory shares with the Commonwealth any proceeds resulting from a breach of the criminal law of that State or Territory if, in the opinion of the appropriate Minister of that State or Territory, officers of an * enforcement agency have made a significant contribution to the recovery of those proceeds;
(c) the Commonwealth shares with a foreign country a proportion of any proceeds of any unlawful activity (other than proceeds of confiscated assets that are shareable (within the meaning of the NCSUW agreement)) recovered under a Commonwealth law if, in the Minister's opinion, the foreign country has made a significant contribution to the recovery of those proceeds or to the investigation or prosecution of the unlawful activity.