South Australian Current Acts

CRIMINAL ASSETS CONFISCATION ACT 2005 - SECT 209B

209B—Interpretation

        (1)         In this Division, unless the contrary intention appears—

"CJC subcommittee"—see section 209G;

"Cooperating Jurisdiction Committee" means the Cooperating Jurisdiction Committee established under the NCSUW agreement;

"cooperating State" has the same meaning as in section 14F of the Proceeds of Crime Act 2002 of the Commonwealth (as in force from time to time);

"corresponding proceeds" has the same meaning as in the NCSUW agreement;

"decision-making period" means—

            (a)         the period specified in the NCSUW agreement as being the decision-making period for the purposes of the national cooperative scheme; or

            (b)         if paragraph (a) does not apply—the period prescribed by the regulations as being the decision-making period for the purposes of the national cooperative scheme;

"foreign jurisdiction" means a jurisdiction outside Australia;

"forfeiture proceeds" means proceeds arising from a confiscation, forfeiture or payment under a relevant law that are paid or payable to this State;

"national cooperative scheme" means the National Cooperative Scheme on Unexplained Wealth established by the NCSUW agreement;

"NCS threshold" has the same meaning as in the NCSUW agreement;

"NCSUW agreement" means the Intergovernmental Agreement on the National Cooperative Scheme on Unexplained Wealth (as in force from time to time);

"net amount"—see section 209F(2);

"non-participating State" has the same meaning as in section 338 of the Proceeds of Crime Act 2002 of the Commonwealth (as in force from time to time);

"participating State" has the same meaning as in section 14C of the Proceeds of Crime Act 2002 of the Commonwealth (as in force from time to time);

"relevant law"—each of the following laws is a relevant law:

            (a)         section 47 (forfeiture orders);

            (b)         section 56A (deemed forfeiture orders);

            (c)         section 72(1);

            (d)         section 73(f);

            (e)         section 74;

            (f)         section 81(1)(c);

            (g)         section 82(f);

            (h)         section 95 (pecuniary penalty orders);

                  (i)         section 111 (literary proceeds orders);

            (j)         section 206;

            (k)         section 9 of the Serious and Organised Crime (Unexplained Wealth) Act 2009 (unexplained wealth orders);

            (l)         a prescribed law;

"shareable"—forfeiture proceeds are "shareable" if—

            (a)         the proceeds are corresponding proceeds of this State; and

            (b)         the amount of the proceeds exceeds the NCS threshold (whether or not the full amount is realised).

        (2)         The NCSUW agreement and the regulations may specify that the "decision-making period" starts or ends at a time before an amount is paid to the Victims of Crime Fund.

        (3)         Decisions may be made under this Division in relation to an amount before the amount is paid to the Victims of Crime Fund or becomes the net amount.