Commonwealth Numbered Regulations

1991 No. 460 PROCEEDS OF CRIME REGULATIONS (AMENDMENT) - REG 3

  3.1   After regulation 7, insert:
Suspended funds

"7A. For the purposes of paragraph (a) of the definition of "suspended funds"
in subsection 4 (1) of the Act, the following amounts paid into the Trust Fund
are suspended funds:

   (a)  if the DPP gives the Official Trustee a copy of a notice referred to
        in regulation 13-any amount estimated by the Official Trustee to be
        equal to the amount payable in accordance with an order:

        (i)    referred to in the notice; and

        (ii)   that may be made under subsection 21 (6), 31 (6) or 31 (7) of
               the Act;

   (b)  an amount that is:

        (i)    referred to in paragraph 34B (1) (b) of the Act; and

        (ii)   derived from the enforcement in a foreign country of an
               interstate forfeiture order or an interstate pecuniary penalty
               order;

   (c)  an amount that is referred to in paragraph 34B (1) (c) of the Act;

   (d)  an amount that is referred to in paragraph (p) or (q) of the
        definition
of "proceeds of confiscated assets" in subsection 4 (1) of the Act, unless the
Commonwealth is not obliged to make a payment of that amount for the purposes
of subparagraph 34C (1) (a) (ii) of the Act;

   (e)  an amount that is referred to in paragraph 34B (1) (e) of the Act;

   (f)  an amount in respect of which notice has been given to the Official
        Trustee under subregulation 11 (2) or 12 (2) or (3).".