Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actsinsert
Division 10.3 National cooperative scheme on unexplained wealth
Subdivision 10.3.1 Important concepts
135A Definitions—div 10.3
In this division:
CJC subcommittee —see section 135E.
"contributing jurisdiction" means any of the following that make a contribution for the purposes of the national cooperative scheme:
(a) the Commonwealth;
(b) a participating State;
(c) a cooperating State;
(d) the Northern Territory.
"contribution"—see the NCSUW agreement.
"cooperating jurisdiction committee"—see the NCSUW agreement.
"cooperating State"—see the Proceeds of Crime Act 2002
(Cwlth), section 14F.
"decision-making period"—see section 135B.
"non-participating State"—see the Proceeds of Crime Act 2002
(Cwlth), section 338.
"participating State"—see the Proceeds of Crime Act 2002
(Cwlth), section 14C.
135B Meaning of decision-making period —div 10.3
(1) In this division:
"decision-making period"—
(a) see the NCSUW agreement; or
(b) if paragraph (a) does not apply—means the period prescribed by regulation as the decision-making period for the national cooperative scheme.
(2) A decision-making period may start or end before an amount is paid into the trust fund.
Example
The NCSUW agreement or a regulation may provide that, for shareable proceeds that are to be paid to the Territory under a forfeiture order, the decision-making period starts when the order is made.
Subdivision 10.3.2 Sharing with the Commonwealth or a State
135C Purpose of subdiv 10.3.2
This subdivision sets out the process under the national cooperative scheme for sharing with the Commonwealth or a State any corresponding proceeds of the Territory that are shareable.
Note State includes the Northern Territory (see Legislation Act
, dict).
135D Shareable proceeds of the Territory to be reduced to net amount
(1) The corresponding proceeds of the Territory that are shareable with the Commonwealth or a State under the national cooperative scheme must be reduced by any amount payable under the following sections:
(a) section 132 (1) (a), (d) and (e) (Purposes of trust fund);
(b) section 235 (Compensation).
(2) The amount remaining after the reduction is the net amount .
135E Cooperating jurisdiction committee to establish CJC subcommittee
(1) The cooperating jurisdiction committee must establish a subcommittee (the CJC subcommittee ) to decide matters under this division about the net amount.
(2) The CJC subcommittee must consist of the following members of the cooperating jurisdiction committee:
(a) the Territory;
(b) if, in the decision-making period, the cooperating jurisdiction committee makes a unanimous decision that the Commonwealth, a participating State, a cooperating State or the Northern Territory made a contribution to the recovery of the corresponding proceeds of the Territory—each contributing jurisdiction.
135F Non-participating non-cooperating States' share
(1) This section applies if, in the decision-making period, the CJC subcommittee makes a unanimous decision that—
(a) a non-participating non-cooperating State made a contribution to the recovery of the corresponding proceeds of the Territory; and
(b) it is appropriate that a stated proportion of the net amount be payable to the State.
(2) The stated proportion of the net amount is payable to the State under the national cooperative scheme.
(3) In this section:
"non-participating non-cooperating state" means a non-participating state that is not a cooperating state.
135G Participating States', cooperating States' and Northern Territory's share
(1) If the CJC subcommittee includes a contributing jurisdiction—
(a) any remaining net amount is to be divided into equal proportions between the Territory and each contributing jurisdiction; and
(b) the proportion for each contributing jurisdiction is payable to the jurisdiction under the national cooperative scheme.
(2) However, if, in the decision-making period, the CJC subcommittee makes a unanimous decision that it is inappropriate for the remaining net amount to be divided equally—
(a) any remaining net amount is to be divided into the proportions considered appropriate by the CJC subcommittee; and
(b) the proportion for each contributing jurisdiction is payable to the jurisdiction under the national cooperative scheme.
(3) In this section:
"remaining net amount" means any proportion of the net amount remaining after the stated proportion is deducted under section 135F (Non-participating non-cooperating States' share).
135H When decisions about amounts may be made
A decision may be made under this division in relation to an amount before the amount is paid into the trust fund or becomes the net amount.
Example
If a forfeiture order is made that requires a person to pay to the Territory an amount, the cooperating jurisdiction committee may establish a CJC subcommittee, and the CJC subcommittee may make decisions under this division about the sharing of the amount, before the amount is paid into the trust fund or becomes the net amount.
135I Payment period
(1) If an amount is payable to the Commonwealth or a State under this division, the Minister must ensure that the amount is paid to the Commonwealth or State before the end of—
(a) the payment period; or
(b) if paragraph (a) does not apply—the period prescribed by regulation.
(2) In this section:
"payment period"—see the NCSUW agreement.