{"id":"C2004A03893","name":"Crimes (Superannuation Benefits) Act 1989","slug":"crimes-superannuation-benefits-act-1989","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"145 of 1989","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":36895,"registerId":"commonwealth-C2004A03893-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Introductory","content":"## Part 1—Introductory","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Crimes (Superannuation Benefits) Act 1989.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Interpretation","content":"#### 2 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> abscond has the meaning given in section 4.\n\n> AFP means the Australian Federal Police.\n\n> AFP employee has the same meaning as in the Australian Federal Police Act 1979.\n\n> appropriate court means:\n\n    (a) in relation to a person’s conviction of an offence—the court of the State or Territory before which the person was convicted and in addition, where that court is not the Supreme Court of the State or Territory, that Supreme Court; and\n    (b) in relation to the charging, or proposed charging, of a person with an offence—the Supreme Court of the State or Territory in which the person has been, or is to be, charged with the offence.\n\n> benefit means any benefit payable under a superannuation scheme, including a lump sum payment and a pension.\n\n> commencing day means the day on which this Act commences.\n\n> Commonwealth authority means:\n\n    (a) a body corporate incorporated for a public purpose (whether before, on or after the commencing day) by a law of the Commonwealth or of a Territory; or\n    (b) a body corporate:\n    (i) incorporated (whether before, on or after the commencing day) under a law of the Commonwealth or a law in force in a State or Territory; and\n    (ii) in which the Commonwealth or a body corporate mentioned in paragraph (a) has the controlling interest; or\n    (c) a body corporate, whether incorporated before, on or after the commencing day:\n    (i) that is a subsidiary of another body corporate mentioned in paragraph (a) or (b); and\n    (ii) in which that other body corporate has the controlling interest; or\n    (d) an unincorporated authority or body (other than a prescribed authority or body) established for a public purpose (whether before, on or after the commencing day) by or under a law of the Commonwealth, of a Territory, or of the Australian Capital Territory, the Northern Territory or Norfolk Island; or\n    (e) any other incorporated or unincorporated authority or body (however established), other than a prescribed authority or body, that is wholly or substantially financed, either directly or indirectly, by the Commonwealth, whether the authority or body was or is established before, on or after the commencing day.\n\n> controlling interest, in relation to a body corporate, means an interest that derives from ownership of at least 50% of the shares in the body corporate that confer voting rights.\n\n> convicted has the meaning given in section 6.\n\n> corruption offence means an offence by a person who was an employee at the time when it was committed, being an offence:\n\n    (a) whose commission involved an abuse by the person of his or her office as such an employee; or\n    (b) that, having regard to the powers and duties of such an employee, was committed for a purpose that involved corruption; or\n    (c) that was committed for the purpose of perverting, or attempting to pervert, the course of justice.\n\n> CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.\n\n> defendant, in Part 3, has the meaning given in section 24.\n\n> DPP means the Director of Public Prosecutions.\n\n> employee has the meaning given in section 7.\n\n> employee contributions, in relation to a person, includes:\n\n    (a) any amount paid or transferred into a fund, being an amount that is, under the person’s superannuation scheme, to be taken to be employee contributions; and\n    (b) any other amount paid or transferred into a fund under the person’s superannuation scheme, being an amount:\n    (i) attributable to employer contributions paid by the person’s previous employer under another superannuation scheme (not being a superannuation scheme within the meaning of this Act) applicable to the person’s previous employment by that employer; and\n    (ii) payable to the person as an additional lump sum benefit on his or her resignation or retirement.\n\n> encumbrance, in relation to property, includes any interest, mortgage, charge, right, claim or demand in respect of the property.\n\n> extend, in relation to the period of effect of a restraining order, includes further extend.\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n> fund includes the Consolidated Revenue Fund.\n\n> interest, in relation to property, means:\n\n    (a) a legal or equitable estate or interest in the property; or\n    (b) a right, power or privilege in connection with the property;\n  whether present or future and whether vested or contingent.\n\n> member, in relation to a superannuation scheme, includes a person who is eligible for a benefit (including a deferred benefit) under the scheme.\n\n> offence means:\n\n    (a) a common law offence; or\n    (b) an offence against a law of the Commonwealth or of a State or Territory, being an offence punishable by imprisonment for life or for a term longer than 12 months.\n\n> police authority means:\n\n    (a) in relation to an offence against a law of a State or Territory that has its own police force—the Commissioner or head (however described) of the police force of the State or Territory; and\n    (b) in relation to an offence against a law of the Commonwealth, or of a State or Territory other than a State or Territory mentioned in paragraph (a)—the Commissioner of Police of the AFP; and\n    (c) in relation to a common law offence—the Commissioner or head (however described) of the police force of the State or Territory in which the offence was committed or, where the offence was committed in a Territory that does not have its own police force, the Commissioner of Police of the AFP.\n\n> police officer means:\n\n    (a) an AFP member; or\n    (b) a member of the police force of a State or Territory.\n\n> property means real or personal property of every description, whether situated in Australia or anywhere else and whether tangible or intangible, and includes an interest in any such real or personal property.\n\n> recovery order means a superannuation order containing an order of the kind mentioned in subsection 19(4).\n\n> related offence has the meaning given in section 3.\n\n> relevant period, in relation to a restraining order, means the period starting on the day when the order was made and ending:\n\n    (a) if an order or orders have been made under section 38—at the time, or on the occurrence of the event, specified in the order, or the last of the orders, so made; or\n    (b) if paragraph (a) does not apply but an order or orders have been made under paragraph 32(1)(a) or (b) in relation to the restraining order—at the end of 6 months after the day when the order, or the last of the orders, was so made, or such longer period (if any) as is specified in the order, or the last of the orders; or\n    (c) in any other case—at the end of 6 months after the day on which the restraining order was made, or such longer period (if any) as is specified in the order.\n\n> restraining order means an order under section 25.\n\n> sentence does not include:\n\n    (a) a sentence that is wholly suspended; or\n    (b) a sentence passed, or an order made, under subsection 20AB(1) of the Crimes Act 1914.\n\n> State includes the Australian Capital Territory, the Northern Territory and Norfolk Island.\n\n> Superannuation Act means:\n\n    (a) the Superannuation Act 1976; or\n    (b) the Superannuation Act 1990.\n\n> superannuation authority means:\n\n    (a) in relation to the superannuation scheme established by the Superannuation Act 1976 or by deed under the Superannuation Act 1990—CSC; or\n    (b) in any other case—the person (however described) responsible for the administration of the relevant superannuation scheme.\n\n> superannuation order means an order under section 19, and includes such an order as varied under section 22.\n\n> superannuation scheme, in relation to a person, means a superannuation scheme (other than a scheme established under a law of a State) under which employer contributions or benefits are paid or payable, or have at any time been paid, by the Commonwealth or a Commonwealth authority to or in respect of the person, and includes any scheme or arrangement under which such contributions are vested in the person.\n\n> Territory does not include the Australian Capital Territory or the Northern Territory, and, except in section 14, does not include Norfolk Island.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Related offences","content":"#### 3 Related offences\n\n  For the purposes of this Act, 2 offences are related to each other if the physical elements of the 2 offences are:\n    (a) substantially the same acts or omissions; or\n    (b) acts or omissions in a single series.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Abscond","content":"#### 4 Abscond\n\n  For the purposes of this Act, other than subsection 19(2), a person is to be taken to abscond in connection with an offence if and only if:\n    (a) the person is charged with the offence; and\n    (b) a warrant for the arrest of the person is issued in relation to that information; and\n    (c) one of the following happens:\n    (i) at the end of the period of 6 months starting on the day on which the warrant is issued:\n    (A) the person cannot be found; or\n    (B) the person is, for any other reason, not amenable to justice and, if the person is outside Australia, extradition proceedings are not on foot;\n    (ii) at the end of the period of 6 months starting on the day on which the warrant is issued:\n    (A) the person is not amenable to justice because he or she is outside Australia; and\n    (B) extradition proceedings are on foot;\n    and those proceedings later end without an order for the person’s extradition.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Charge with offence","content":"#### 5 Charge with offence\n\n  A reference in this Act to a person being charged with an offence is a reference to an information being laid against the person for the offence, whether or not:\n    (a) a summons has been issued requiring the attendance of the person to answer the information; or\n    (b) a warrant for the arrest of the person has been issued.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Conviction and quashing of conviction","content":"#### 6 Conviction and quashing of conviction\n\n  (1) For the purposes of this Act, a person is to be taken to be convicted of an offence if:\n    (a) the person is convicted of the offence, whether summarily or on indictment; or\n    (b) the person absconds in connection with the offence.\n  (2) For the purposes of this Act, a person is to be taken to have been convicted of an offence in a particular State or Territory if:\n    (a) where paragraph (1)(a) applies—the person was convicted of the offence in a court in that State or Territory; or\n    (b) where paragraph (1)(b) applies—the information relating to the offence was laid in that State or Territory.\n  (3) For the purposes of this Act, where a person is to be taken to have been convicted of an offence in a particular State or Territory because of paragraph (2)(b), the person is to be taken to have been so convicted before the Supreme Court of that State or Territory.\n  (4) For the purposes of this Act, a person’s conviction of an offence is to be taken to be quashed:\n    (a) where paragraph (1)(a) applies—if the conviction is quashed or set aside; or\n    (b) where paragraph (1)(b) applies—if, after the person is brought before a court in respect of the offence, the person is discharged in respect of the offence or a conviction of the person for the offence is quashed or set aside.\n  (5) A reference in this Act, in relation to a person’s conviction of an offence, to the commission of the offence is, where paragraph (1)(b) applies, a reference to the alleged commission of the offence by the person.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Employee","content":"#### 7 Employee\n\n  (1) In this Act, employee means a person (other than an AFP employee) employed by the Commonwealth or by a Commonwealth authority, whether the person is so employed under a law of the Commonwealth or of a State or Territory, or under a contract of service or apprenticeship.\n  (2) Without limiting subsection (1):\n    (a) a member of the Parliament; or\n    (b) a justice or judge of a federal court; or\n    (c) a member of the Defence Force; or\n    (d) a person (other than a person mentioned in subsection (3)) who is the holder of:\n    (i) an office established by a law of the Commonwealth; or\n    (ii) a prescribed office established by a law of a Territory;\n  is to be taken, for the purposes of this Act, to be employed by the Commonwealth.\n  (3) Without limiting subsection (1), a person is to be taken, for the purposes of this Act, to be employed by a Commonwealth authority if:\n    (a) the person constitutes, or is a member of, the authority; or\n    (b) where the authority is a body corporate—the person is a director of the body corporate.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Property of a person","content":"#### 8 Property of a person\n\n  (1) For the purpose of making a restraining order against a person’s property, that property is to be taken to include property in which the person has a beneficial interest.\n  (2) For the purpose of making a restraining order against the property of a person who is a defendant within the meaning of Part 3, that property is to be taken to include:\n    (a) any property of the person that has been transferred by way of gift to another person within 2 years immediately before the day on which the restraining order is made or the day on which the person is charged with the relevant offence, whichever is the first to happen; or\n    (b) where property of the person has been transferred to another person within that period for a consideration whose value is less than the commercial value of the property when the transfer was made—an interest in the property equal to the proportion worked out using the formula:\n    ![](image.002.png)\n  where:\n\n> VP (value of the property) is the number of dollars in the commercial value of the property when the transfer was made.\n\n> VC (value of consideration) is the number of dollars in the value of the consideration for the transfer when the transfer was made.\n\n  (3) Property that is to be taken to be property of a person under subsection (1) is available to satisfy a recovery order made against the person, whether or not a restraining order has been made against the property.\n  (4) Property that is to be taken to be property of a person under subsection (2) is available to satisfy a recovery order made against the person if, and only if, a restraining order has been made against the property.","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Dealing with property","content":"#### 9 Dealing with property\n\n  For the purposes of this Act, dealing with property of a person includes:\n    (a) if a debt owing by the person is secured by an encumbrance on the property—incurring any further liability or increasing the amount of that debt by any means; or\n    (b) removing the property from Australia; or\n    (c) receiving or making a gift of the property.","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Effective control of property","content":"#### 10 Effective control of property\n\n  (1) Property may be subject to the effective control of a person within the meaning of this Act whether or not the person has an interest in the property.\n  (2) Without limiting the generality of any other provision of this Act, in determining:\n    (a) whether or not property is subject to the effective control of a person; or\n    (b) whether or not there are reasonable grounds to believe that property is subject to the effective control of a person;\n  regard may be had to:\n    (c) shareholdings in, debentures over or directorships of a company that has an interest (whether direct or indirect) in the property; and\n    (d) a trust that has a relationship to the property; and\n    (e) family, domestic and business relationships between persons having an interest in the property, or in companies of the kind mentioned in paragraph (c) or trusts of the kind mentioned in paragraph (d), and other persons.\n  (3) For the purposes of paragraph (2)(e), family relationships are taken to include the following (without limitation):\n    (a) relationships between de facto partners (within the meaning of the Acts Interpretation Act 1901);\n    (b) relationships of child and parent that arise if someone is the child of a person because of the definition of child in this section;\n    (c) relationships traced through relationships mentioned in paragraphs (a) and (b).\n  (4) In this section:\n\n> child: without limiting who is a child of a person for the purposes of this section, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Sufficient consideration","content":"#### 11 Sufficient consideration\n\n  A reference in this Act to transferring or acquiring property, or an interest in property, for sufficient consideration is a reference to transferring or acquiring the property or interest for a consideration that is sufficient and, having regard solely to commercial considerations, reflects the value of the property or the interest.","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Application to convictions and offences","content":"#### 12 Application to convictions and offences\n\n  (1) This Act does not apply to a person’s conviction of an offence if the conviction happened before the commencing day.\n  (2) This Act applies to an offence committed, or believed to have been committed, at any time, whether before, on or after the commencing day.","sortOrder":12},{"sectionNumber":"12A","sectionType":"section","heading":"Application of the Criminal Code","content":"#### 12A Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences against this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Act binds the Crown","content":"#### 13 Act binds the Crown\n\n  (1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.\n  (2) Nothing in this Act renders the Crown liable to be prosecuted for an offence.","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Application and extension of Act","content":"#### 14 Application and extension of Act\n\n  (1) This Act applies throughout the whole of Australia and also applies outside Australia.\n  (2) This Act extends to the external Territories.","sortOrder":15},{"sectionNumber":"Part 2","sectionType":"part","heading":"Superannuation orders","content":"## Part 2—Superannuation orders","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Notice of charge etc.","content":"#### 15 Notice of charge etc.\n\n  (1) Where:\n    (a) a person who is or was (whether before, on or after the commencing day) an employee is charged with an offence; and\n    (b) the relevant police authority thinks that the offence is, or may be, a corruption offence;\n  the police authority in relation to the offence may notify the Minister in writing of the charge.\n  (2) A notice must contain particulars of the charge and set out the reasons why the police authority thinks that the offence is, or may be, a corruption offence.\n  (3) Where a police authority notifies the Minister that a person has been charged with an offence, the authority must notify the Minister in writing if:\n    (a) the person is acquitted or convicted of the offence; or\n    (b) the charge is withdrawn or otherwise disposed of without the conviction of the person.","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"Authority to apply for superannuation order","content":"#### 16 Authority to apply for superannuation order\n\n  Where:\n    (a) a person who is or was (whether before, on or after the commencing day) an employee is convicted of an offence; and\n    (b) the Minister is of the opinion that the offence is a corruption offence;\n  the Minister may, by notice in writing, authorise the DPP to apply to the appropriate court for a superannuation order in respect of the person.","sortOrder":18},{"sectionNumber":"17","sectionType":"section","heading":"Application for superannuation order","content":"#### 17 Application for superannuation order\n\n  (1) If the DPP is authorised to apply for a superannuation order in respect of a person who is taken to have been convicted of an offence because of paragraph 6(1)(b), the DPP must make that application to the appropriate court.\n  (1A) If:\n    (a) the DPP is authorised to apply for a superannuation order in respect of a person who is convicted of 1 or more offences; and\n    (b) the person is sentenced to imprisonment for life in respect of the offence, or any of the offences; or:\n    (i) if there is only 1 offence—to imprisonment for a term longer than 12 months; or\n    (ii) if there are 2 or more offences—to imprisonment for a single term longer than 12 months, or to cumulative terms that together add up to longer than 12 months, in respect of all or any of them;\n  the DPP must make that application to the appropriate court.\n  (2) The DPP must not make an application for a superannuation order otherwise than under this section.\n  (3) The DPP must take reasonable steps to give written notice of an application to the person in respect of whom the superannuation order is sought.","sortOrder":19},{"sectionNumber":"18","sectionType":"section","heading":"Application for superannuation order: evidence","content":"#### 18 Application for superannuation order: evidence\n\n  (1) In determining an application for a superannuation order in respect of a person, the appropriate court may have regard to the transcript of any proceedings against the person for the offence to which the application relates and to the evidence given in any such proceedings.\n  (2) In an application for a superannuation order, any finding of fact made by a court in any proceedings for the offence to which the application relates, is prima facie evidence of that fact and the finding may be proved by the production of documents, under the seal of the court, in which the finding appears.\n  (3) In an application for a superannuation order in respect of a person, a certificate signed or sealed by the person’s superannuation authority:\n    (a) stating that employer contributions or benefits made or payable by the Commonwealth or a specified Commonwealth authority in respect of the person are held in a specified fund under the relevant superannuation scheme; and\n    (b) stating the amount that equals the sum of those contributions or benefits as at the specified day plus the amount of interest on those contributions or benefits accrued under the scheme before that day;\n  is prima facie evidence of the matters stated in the certificate.\n  (4) In an application for a superannuation order in respect of the person, a certificate signed or sealed by the person’s superannuation authority:\n    (a) stating that benefits have been paid to the person under the relevant superannuation scheme; and\n    (b) stating the amount that equals the sum of the benefits so paid as at the specified day; and\n    (c) stating another amount that equals the part of the amount referred to in paragraph (b) that is attributable to the sum of the employee contributions paid under the scheme by the person as at the specified day plus the amount of interest on those contributions accrued under the scheme before that day;\n  is prima facie evidence of the matters stated in the certificate.\n  (5) A document purporting to be sealed with the seal of a court is to be taken to have been lawfully sealed with the seal of that court unless the contrary is proved.\n  (6) A document purporting to be signed or sealed by a person’s superannuation authority is to be taken to have been signed or duly sealed by that superannuation authority unless the contrary is proved.","sortOrder":20},{"sectionNumber":"19","sectionType":"section","heading":"Superannuation orders: making","content":"#### 19 Superannuation orders: making\n\n  (1) Subject to subsection (2), where an application is made for a superannuation order in respect of a person, the court must, if satisfied that the offence to which the application relates is a corruption offence, by order, declare:\n    (a) that the person was convicted of a corruption offence; and\n    (b) that this Part applies in relation to the rights of, and benefits paid or payable to or in respect of, the person under any superannuation scheme.\n  (2) Where a person is, because of paragraph 6(1)(b), to be taken to have been convicted of an offence, a court must not make a superannuation order in relation to the person unless the court is also satisfied, on the balance of probabilities, that the person has absconded and:\n    (a) the person has been committed for trial for the offence; or\n    (b) the court is satisfied, having regard to all the evidence before it, that a reasonable jury, properly instructed, could lawfully find the person guilty of the offence.\n  (3) Where:\n    (a) employer contributions or benefits made or payable by the Commonwealth or a Commonwealth authority in respect of the person under any superannuation scheme for any period of employment (not just a period during which the offence was committed) have been paid into, and are held in, a fund under the scheme; and\n    (b) the person would, but for subsection 21(1), become entitled, subject to and in accordance with the scheme, to the benefit, or to a benefit attributable to the employer contributions, as the case may be;\n  the court must:\n    (c) work out, and specify in the superannuation order, the amount that it thinks reflects the value of the sum of those contributions or benefits as at the day on which the order is made, plus the interest on those contributions or benefits accrued under the scheme before that day; and\n    (d) include in the superannuation order an order that the amount so specified be paid to the Commonwealth or Commonwealth authority, whichever the court considers appropriate.\n  (4) Where any benefits have been paid to the person under any superannuation scheme (whether before, on or after the commencing day), the court must:\n    (a) specify in the superannuation order the amount worked out using the formula:\n    ![](image.003.png)\n  where:\n\n> AB (amount of benefits) is the amount that the court thinks reflects the value of the sum of the benefits paid by the Commonwealth or Commonwealth authority to the person under the scheme for any period of employment (not just a period during which the offence was committed) as at the day on which the order is made.\n\n> EC (employee contributions) is the amount that the court thinks is equal to the part of AB that is attributable to the sum of the employee contributions paid under the scheme by the person as at that day plus the interest on those contributions accrued under the scheme before that day; and\n\n    (b) include in the superannuation order an order that the person pay the amount so specified to the Commonwealth or Commonwealth authority, whichever the court considers appropriate.\n  (5) For the purposes of subsection (4), the value of an amount of employer contributions or benefits, and of accrued interest, is their value worked out having regard to any decline in the purchasing power of money between the day on which the contributions or benefits were made or paid, or the interest accrued, as the case may be, and the day as at which their value must be worked out.\n  (6) The DPP must give written notice of a superannuation order to the person’s superannuation authority.","sortOrder":21},{"sectionNumber":"20","sectionType":"section","heading":"When does a superannuation order take effect?","content":"#### 20 When does a superannuation order take effect?\n\n  (1) A superannuation order made in relation to a person who has absconded takes effect on the day on which it is made.\n  (2) A superannuation order made in relation to a person, other than a person who has absconded, does not take effect until:\n    (a) the end of the period (if any) allowed for appealing against the conviction or sentence under the relevant Commonwealth, State or Territory law; or\n    (b) if the person appeals against his or her conviction or sentence, or both—the appeal, and any proceedings resulting from it, are finally determined, withdrawn or otherwise disposed of.","sortOrder":22},{"sectionNumber":"21","sectionType":"section","heading":"Effect of superannuation orders","content":"#### 21 Effect of superannuation orders\n\n  (1) Where a court makes a superannuation order in respect of a person:\n    (a) all rights of, and benefits payable to or in respect of, the person or a dependant of the person (being rights or benefits arising out of the person’s membership of any superannuation scheme) cease, or cease to be payable, on the day on which the order takes effect, and the person ceases to be a member of the scheme on that day; and\n    (b) any amount of the kind mentioned in subsection 19(3) that is vested in the person ceases to be so vested on that day; and\n    (c) the Commonwealth or a Commonwealth authority is not liable to pay any employer contribution or benefit under the scheme in respect of the person on or after that day.\n  (2) An amount payable by a person to the Commonwealth or a Commonwealth authority under a superannuation order is a debt due by the person to the Commonwealth or the Commonwealth authority, as the case may be.\n  (3) An order under subsection 19(3) or (4) against a person may be enforced as if it were an order made in civil proceedings instituted by the Commonwealth or the relevant Commonwealth authority against the person to recover a debt due by the person to the Commonwealth or the Commonwealth authority, and the debt arising from the order is to be taken to be a judgment debt.\n  (4) Despite the Superannuation Act, or any other Act or any agreement, where subsection (1) applies to a person who is an employee when the superannuation order takes effect, the person is entitled, on the day on which he or she ceases to be a member of the relevant superannuation scheme, to payment of an amount equal to the sum of the employee contributions paid under the scheme by the person (being contributions that are held in a fund under the scheme) plus the amount of interest on those contributions accrued under the scheme.\n  (5) Despite the Superannuation Act, or any other Act or any agreement, where subsection (1) applies to a person who:\n    (a) was an employee when the relevant corruption offence was committed but ceases to be an employee before the superannuation order takes effect; and\n    (b) would, but for that subsection, have been entitled to payment of benefits under the relevant superannuation scheme on or after the day on which the superannuation order takes effect;\n  the person is entitled, on the day on which he or she ceases to be a member of the scheme, to payment of an amount worked out using the formula:\n  ![](image.004.png)\n  where:\n\n> AC (amount of contributions) is an amount equal to the sum of the employee contributions paid under the scheme by the person plus the amount of interest on those contributions accrued under the scheme.\n\n> AR (amount received) is an amount equal to that part of the sum of all amounts paid by way of benefit before the day on which the superannuation order takes effect that is attributable to AC.","sortOrder":23},{"sectionNumber":"22","sectionType":"section","heading":"Superannuation orders: variation","content":"#### 22 Superannuation orders: variation\n\n  (1) If a superannuation order made in respect of a person:\n    (a) specifies an amount under subsection 19(3) or (4); and\n    (b) takes effect on a day that is later than the day on which the order is made;\n  the DPP may, as soon as practicable after the order takes effect, apply to the court that made the order to vary the order by substituting for the specified amount an increased amount, having regard to any amount of employer contributions or benefits paid by the Commonwealth or a Commonwealth authority in respect of the person during the prescribed period.\n  (2) Where the DPP makes an application, the court must vary the superannuation order accordingly and, for the purposes of working out the increased amount to be specified in the superannuation order, as varied, subsections 19(3), (4) and (5) apply as if references in subsections 19(3) and (4) to the day on which the order is made were references to the day on which the variation is made.\n  (3) In this section:\n\n> prescribed period means the period starting on the day on which the superannuation order is made and ending on the day on which the variation is made.","sortOrder":24},{"sectionNumber":"23","sectionType":"section","heading":"Superannuation orders: revocation","content":"#### 23 Superannuation orders: revocation\n\n  (1) A superannuation order made in relation to a person is to be taken to have been revoked if:\n    (a) the person’s conviction is quashed; or\n    (b) the person’s sentence is so reduced or otherwise changed that it would no longer support the making of an application for a superannuation order under subsection 17(1A); or\n    (c) where the person is taken to be convicted because of paragraph 6(1)(b)—the person is brought before a court in respect of the offence concerned and, having been convicted of that offence, does not receive a sentence that would support the making of an application for a superannuation order under subsection 17(1A).\n  (2) Where a superannuation order is taken to have been revoked, the DPP must give written notice of the fact to:\n    (a) the person in respect of whom the order was made; and\n    (b) the person’s superannuation authority.\n  (3) Where:\n    (a) a superannuation order is made in relation to a person who is taken to be convicted because of paragraph 6(1)(b); and\n    (b) the superannuation order is to be taken to have been revoked;\n  there is payable to the person an amount determined by the Finance Minister, being an amount that the Minister considers to be a fair recompense to the person, having regard to:\n    (c) any amount paid to the person under subsection 21(4) or (5); and\n    (d) any amount recovered from the person under a recovery order against the person; and\n    (e) any other financial loss sustained by the person as a result of the superannuation order; and\n    (f) any other matters that the Minister thinks are relevant in the circumstances of the case.","sortOrder":25},{"sectionNumber":"Part 3","sectionType":"part","heading":"Restraining orders","content":"## Part 3—Restraining orders","sortOrder":26},{"sectionNumber":"24","sectionType":"section","heading":"Application for restraining order","content":"#### 24 Application for restraining order\n\n  (1) Where a person (in this Part called the defendant):\n    (a) has been convicted of an offence; or\n    (b) has been, or is about to be, charged with an offence;\n  the DPP may apply to the appropriate court for a restraining order against specified property of the defendant or of another person, or both.\n  (2) For the purposes of an application, the DPP may, on behalf of the Commonwealth, give the court such undertakings with respect to the payment of damages or costs, or both, as the court requires.","sortOrder":27},{"sectionNumber":"25","sectionType":"section","heading":"Making of restraining orders","content":"#### 25 Making of restraining orders\n\n  (1) Subject to this Part, where an application is made for a restraining order against property and the appropriate court is satisfied that:\n    (a) the offence concerned is, or may be, a corruption offence; and\n    (b) if the defendant has been sentenced in respect of the offence—the sentence would support the making of an application for a superannuation order under subsection 17(1A); and\n    (c) the defendant is, or has been, a member of a superannuation scheme;\n  the court may, by order, direct that the property, or such part of the property as is specified in the order, is not to be disposed of, or otherwise dealt with, by any person except in the manner and circumstances (if any) specified in the order.\n  (2) A restraining order must not be made against a person’s property to any extent greater than is necessary to ensure the recovery of any amount payable, or reasonably likely to be payable, by the defendant under a recovery order.\n  (3) Subsection (2) does not prevent the court from making a restraining order against a person’s property, being property whose value is more than the amount payable, or reasonably likely to be payable, by the defendant under a recovery order if there is no other property of sufficient value in respect of which the court can make a restraining order.\n  (4) A court may make a restraining order against property whether or not there is any risk of the property being disposed of, or otherwise dealt with, in a manner that would defeat the operation of this Act.\n  (5) Where the application is made in reliance on the proposed charging of the defendant with the offence concerned, the court must not make a restraining order unless satisfied that the defendant will be charged with the offence, or with a related corruption offence, within 48 hours.\n  (6) A court may refuse to make a restraining order if the Commonwealth refuses or fails to give the court such undertakings as the court considers appropriate with respect to the payment of damages or costs, or both, in relation to the making and operation of the order.","sortOrder":28},{"sectionNumber":"26","sectionType":"section","heading":"Restraining order may be subject to conditions","content":"#### 26 Restraining order may be subject to conditions\n\n  (1) A restraining order against a person’s property may be made subject to such conditions as the court thinks fit, for example, conditions providing for meeting, out of the property or a specified part of the property, all or any of the following:\n    (a) the person’s reasonable living expenses (including the reasonable living expenses of any dependants of the person) and reasonable business expenses;\n    (b) the person’s taxed legal expenses in defending a criminal charge;\n    (c) a specified debt incurred by the person in good faith (being a debt to which neither paragraph (a) or (b) applies).\n  (2) The court must not make provision of a kind mentioned in subsection (1) unless satisfied that the person cannot meet the expense or debt concerned out of property that is not subject to a restraining order.","sortOrder":29},{"sectionNumber":"27","sectionType":"section","heading":"Affidavit of police officer needed in certain cases","content":"#### 27 Affidavit of police officer needed in certain cases\n\n  (1) Where an application is made for a restraining order and the defendant has not been convicted of the offence concerned, the court must not make a restraining order unless:\n    (a) the application for the order is supported by an affidavit of a police officer stating that the officer believes the defendant committed the offence; and\n    (b) the court is satisfied, having regard to the matters contained in the affidavit, that there are reasonable grounds for so believing.\n  (2) Where an application for a restraining order is made against specified property of a person other than the defendant, the court must not make a restraining order against the property unless:\n    (a) the application is supported by an affidavit of a police officer stating that the officer believes that the property is subject to the effective control of the defendant; and\n    (b) the court is satisfied, having regard to the matters contained in the affidavit, that there are reasonable grounds for so believing.\n  (3) An affidavit made by a police officer for the purpose of this section that states that the officer believes a particular matter must set out the grounds on which the officer holds that belief.\n  (4) The court may, at any time before the final determination of an application for:\n    (a) a restraining order; or\n    (b) an extension of the period of effect of a restraining order;\n  direct the DPP to give or publish notice of the application to a specified person or class of persons in the manner and within the time the court thinks appropriate.","sortOrder":30},{"sectionNumber":"28","sectionType":"section","heading":"Notice of application for restraining order","content":"#### 28 Notice of application for restraining order\n\n  (1) Subject to subsection (2), the DPP must give written notice of an application for a restraining order against property to:\n    (a) the owner of the property; and\n    (b) any other person the DPP has reason to believe may have an interest in the property.\n  (2) Where notice of an application has not been given, the court must consider the application if the DPP asks it to do so but, subject to section 28A, a restraining order made by virtue of this subsection ceases to have effect at the end of the period (not exceeding 14 days) specified by the court in the restraining order.","sortOrder":31},{"sectionNumber":"28A","sectionType":"section","heading":"Extension of certain restraining orders","content":"#### 28A Extension of certain restraining orders\n\n  (1) Subject to subsection (2), the court may, on application made by the DPP before the end of the period mentioned in subsection 28(2), extend the period of effect of a restraining order made in reliance on that subsection.\n  (2) Subsections 27(1), (2) and (3) apply, with the necessary changes made, to the extension of the period of operation of a restraining order made in reliance on subsection 28(2) in the same way as they apply to the making of a restraining order.\n  (3) The DPP must give written notice of an application under subsection (1) for the extension of the period of effect of a restraining order to:\n    (a) the owner of the property against which the restraining order was made; and\n    (b) any other person who the DPP has reason to believe may have an interest in the property.","sortOrder":32},{"sectionNumber":"29","sectionType":"section","heading":"Persons who may appear and adduce evidence","content":"#### 29 Persons who may appear and adduce evidence\n\n  (1) Where:\n    (a) the DPP applies for a restraining order against property; and\n    (b) notice of the application is given under subsection 28(1);\n  any person who claims an interest in the property may appear and adduce evidence at the hearing of the application.\n  (2) Where the DPP applies for the extension of the period of effect of a restraining order made in respect of property, any person who claims an interest in the property may appear and adduce evidence at the hearing of the application.","sortOrder":33},{"sectionNumber":"30","sectionType":"section","heading":"Witnesses not required to answer questions etc. in certain cases","content":"#### 30 Witnesses not required to answer questions etc. in certain cases\n\n  On the hearing of an application for a restraining order, a witness is not required to answer a question or to produce a document if the court is satisfied that the answering of the question or the production of the document may prejudice the investigation of, or the prosecution of a person for, an offence.","sortOrder":34},{"sectionNumber":"31","sectionType":"section","heading":"Notice of restraining orders","content":"#### 31 Notice of restraining orders\n\n  (1) Subject to subsection (2), where a restraining order is made against a person’s property, the DPP must give the person written notice of the order.\n  (2) Where:\n    (a) a court makes a restraining order; and\n    (b) the court is satisfied that it would be in the public interest to delay giving notice of the order to a person;\n  the court may include in the restraining order an order that giving the person notice of the restraining order be delayed for the specified period and the DPP must give the person notice of the restraining order as soon as practicable after the end of the specified period.","sortOrder":35},{"sectionNumber":"32","sectionType":"section","heading":"Ancillary orders","content":"#### 32 Ancillary orders\n\n  (1) Where an appropriate court makes a restraining order, it may, at the same time or at any later time, make any ancillary orders that it thinks appropriate, for example:\n    (a) an order varying the property to which the restraining order relates; and\n    (b) an order varying any condition to which the restraining order is subject; and\n    (c) an order for the examination on oath before the court or the Registrar of the court of any person, including:\n    (i) the owner of property subject to the restraining order (in this paragraph called the owner); or\n    (ii) the defendant;\n    about the affairs (including the nature and location of any property) of:\n    (iii) anyone else who is either the owner or the defendant, or both; and\n    (iv) if the person to be examined is either the owner or the defendant, or both—that person; and\n    (d) an order about carrying out any undertaking with respect to the payment of damages or costs given by the Commonwealth in connection with the making of the restraining order.\n  (2) An ancillary order may be made on application by:\n    (a) the DPP; or\n    (b) the owner of property subject to the restraining order; or\n    (c) with the leave of the court—any other person.\n  (3) Where:\n    (a) a defendant has been convicted of, or has been charged or is about to be charged with, an offence; and\n    (b) an appropriate court makes a restraining order against property in reliance on the conviction, charging or proposed charging; and\n    (c) a person, other than the defendant, who has an interest in the property applies to the court for a variation of the order to exclude the person’s interest from the order;\n  the court must grant the application if satisfied that the applicant’s interest in the property is not subject to the effective control of the defendant.\n  (4) Where a person is examined before a court or a registrar under an order under subsection (1), the person is not excused from answering a question when required to do so by the court or registrar, as the case may be, on the ground that the answer to the question might tend to incriminate the person or make the person liable to forfeiture or a penalty.\n  (5) Where a person is examined before a court or registrar under an order under subsection (1), the statement or disclosure made by the person in answer to a question put in the course of the examination, and any information, document or thing obtained as a direct or indirect result of the statement or disclosure, is not admissible against the person in any criminal proceedings except a proceeding for giving false testimony in the course of the examination.\n  (6) For the purposes of subsection (5), proceedings on an application for a superannuation order or a restraining order are not criminal proceedings.\n  (7) On the hearing of an application for an order under subsection (1), a witness is not required to answer a question or to produce a document if the court is satisfied that the answering of the question or the production of the document may prejudice the investigation of, or the prosecution of the person for, an offence.","sortOrder":36},{"sectionNumber":"33","sectionType":"section","heading":"Charge on property subject to restraining order","content":"#### 33 Charge on property subject to restraining order\n\n  (1) Where:\n    (a) a recovery order is made against a defendant; and\n    (b) a restraining order is, or has been, made against:\n    (i) property of the defendant; or\n    (ii) property of another person in relation to which an order is, or has been, made under subsection 40(1);\n    in reliance on the defendant’s conviction of a particular offence or a related corruption offence or on the charging, or proposed charging, of the defendant with a particular offence or a related corruption offence;\n  then, upon the making of the later of the orders, there is created, by force of this section, a charge on the property to secure the payment of the amount specified in the recovery order to the Commonwealth or the relevant Commonwealth authority, as the case requires.\n  (2) A charge on property of a person ceases to have effect:\n    (a) if the relevant recovery order ceases to have effect; or\n    (b) upon payment to the Commonwealth, or the relevant Commonwealth authority, of the amount specified in the order; or\n    (c) upon the person becoming a bankrupt; or\n    (d) upon the sale or other disposition of the property by the owner of the property with the consent of the court that made the recovery order; or\n    (e) upon the sale of the property to a purchaser in good faith for sufficient consideration who, at the time of the purchase, has no notice of the charge;\n  whichever first occurs.\n  (3) A charge on property:\n    (a) is subject to every encumbrance on the property that came into existence before the charge and that would, but for this subsection, have priority over the charge; and\n    (b) has priority over all other encumbrances; and\n    (c) subject to subsection (2), is not affected by any change of ownership of the property.\n  (4) Where:\n    (a) a charge is created on property of a particular kind; and\n    (b) the provisions of any law of the Commonwealth or of a State or Territory provide for the registration of title to, or charges over, property of that kind;\n  the DPP may cause the charge to be registered under the provisions of that law and, if the charge is so registered, a person who purchases, or otherwise acquires an interest in, the property after the registration is to be taken, for the purposes of paragraph (2)(e), to have notice of the charge at the time of the purchase or acquisition.","sortOrder":37},{"sectionNumber":"34","sectionType":"section","heading":"Registration of restraining orders","content":"#### 34 Registration of restraining orders\n\n  (1) Where:\n    (a) a restraining order applies to property of a particular kind; and\n    (b) the provisions of any law of the Commonwealth or of a State or Territory provide for the registration of title to, or charges over, property of that kind;\n  the authority responsible for administering those provisions may, on application by the DPP, record on the register kept under those provisions particulars of the restraining order.\n  (2) Where particulars of a restraining order are recorded under subsection (1), a person who later deals with the property is to be taken, for the purposes of section 35, to have notice of the restraining order at the time of the dealing.","sortOrder":38},{"sectionNumber":"35","sectionType":"section","heading":"Contravention of restraining orders","content":"#### 35 Contravention of restraining orders\n\n  (1) A person who intentionally contravenes a restraining order by disposing of, or otherwise dealing with, property that is subject to the restraining order commits an offence punishable, upon conviction, by imprisonment for a period not exceeding 5 years.\n  (2) Where:\n    (a) a restraining order is made against property; and\n    (b) the property is disposed of, or otherwise dealt with, in contravention of the restraining order; and\n    (c) the disposition or dealing was either not for sufficient consideration or not in favour of a person who acted in good faith;\n  the DPP may apply to the court that made the restraining order for an order that the disposition or dealing be set aside.\n  (3) Where the DPP makes an application under subsection (2) in relation to a disposition or dealing, the court may make an order:\n    (a) setting the disposition or dealing aside as from the day on which it took place; or\n    (b) setting the disposition or dealing aside as from the day of the order under this subsection and declaring the respective rights of any persons who acquired interests in the property on or after the day on which the disposition or dealing took place and before the day of the order under this subsection.","sortOrder":39},{"sectionNumber":"36","sectionType":"section","heading":"Restraining orders: revocation","content":"#### 36 Restraining orders: revocation\n\n  Where a court has made a restraining order against a person’s property, the court may, on application made by the person, revoke the order if:\n    (a) where the order was made in reliance on the person’s conviction of an offence or the charging, or proposed charging, of the person with an offence—the person gives security satisfactory to the court for the payment of any amount that may be specified in a recovery order against the person; or\n    (b) the person gives undertakings satisfactory to the court concerning the person’s property.","sortOrder":40},{"sectionNumber":"37","sectionType":"section","heading":"When do restraining orders cease to have effect?","content":"#### 37 When do restraining orders cease to have effect?\n\n  (1) A restraining order ceases to have effect if any of the following things happen:\n    (a) the defendant is acquitted of the offence, or the charge is withdrawn or otherwise disposed of without conviction and the defendant has not been charged with a related corruption offence before the acquittal, withdrawal or disposal;\n    (b) the defendant is convicted of the offence, but does not receive a sentence that would support the making of an application for a superannuation order under subsection 17(1A);\n    (c) the Minister refuses to authorise the DPP to apply for a superannuation order in respect of the defendant;\n    (d) the appropriate court refuses to make a recovery order against the defendant;\n    (e) such an order is made in respect of the defendant but is later satisfied or is taken to have been revoked;\n    (f) where the restraining order was made in reliance on the proposed charging of the person with an offence—the defendant is not charged with the offence or a related corruption offence before the end of the period of 48 hours after the order is made.\n  (2) Subject to this section, a restraining order ceases to have effect, if it has not already done so under subsection (1), at the end of the relevant period in relation to the order.\n  (3) If, within the relevant period in relation to a restraining order, an application is made under section 38 for an extension of the period of effect of the restraining order and the court refuses the application after the end of the relevant period, the restraining order ceases to have effect when the court refuses the application.\n  (4) If, within the relevant period in relation to a restraining order, an application is made under section 38 for an extension of the period of effect of the restraining order and the application is granted, the restraining order ceases to have effect at the time, or on the occurrence of the event, specified in an order made by the court under that section.","sortOrder":41},{"sectionNumber":"38","sectionType":"section","heading":"Extension of period of effect of restraining orders","content":"#### 38 Extension of period of effect of restraining orders\n\n  (1) The DPP may, before the end of the relevant period in relation to a restraining order made in reliance on a person’s conviction of an offence or the charging, or proposed charging, of a person with an offence, apply to the court that made the restraining order for an extension of the period of effect of the order.\n  (2) Where, on an application for an extension of the period of effect of a restraining order, the court is satisfied:\n    (a) that a recovery order has been, or may still be, made against the person; and\n    (b) where the property concerned is the property of another person—an order under subsection 40(1) has been, or may still be, made;\n  the court may:\n    (c) by order, extend the period of effect of the restraining order; and\n    (d) make such other order or orders as it thinks appropriate in relation to the operation of the restraining order.\n  (3) The DPP must give a person written notice of an application in relation to a restraining order in respect of the person’s property.","sortOrder":42},{"sectionNumber":"39","sectionType":"section","heading":"Notice of applications","content":"#### 39 Notice of applications\n\n  (1) A person who applies under section 32 for an ancillary order in relation to a restraining order must give written notice of the application to each other person who is entitled under subsection 32(2) to make an application under section 32 in relation to the restraining order.\n  (2) A person who applies under section 36 for revocation of a restraining order must given written notice of the application to the DPP.","sortOrder":43},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"## Part 4—Miscellaneous","sortOrder":44},{"sectionNumber":"40","sectionType":"section","heading":"Court may lift corporate veil etc.","content":"#### 40 Court may lift corporate veil etc.\n\n  (1) Where an appropriate court makes a recovery order against a person, it may, on application by the DPP, if it thinks that particular property is subject to the effective control of the person, make an order declaring that the whole, or a specified part, of that property is available to satisfy the recovery order.\n  (2) Where a court declares that property is available to satisfy a recovery order:\n    (a) the recovery order may be enforced against the property as if the property were property of the person against whom the order is made; and\n    (b) a restraining order may be made in respect of the property as if the property were property of the person against whom the restraining order is made.\n  (3) Where the DPP applies for an order under subsection (1) that property is available to satisfy a recovery order against a person:\n    (a) the DPP must give written notice of the application to the person and to any other person who the DPP has reason to believe may have an interest in the property; and\n    (b) the person and any person who claims an interest in the property may appear and adduce evidence at the hearing of the application.","sortOrder":45},{"sectionNumber":"41","sectionType":"section","heading":"Amounts payable under section 19, 21 or 23","content":"#### 41 Amounts payable under section 19, 21 or 23\n\n  (1) Where an amount is payable under an order made under subsection 19(3) in respect of employer contributions or benefits that are held in a fund other than the Consolidated Revenue Fund, the amount is payable out of the fund by the person responsible for the administration of the fund.\n  (2) Where an amount is payable under an order made under subsection 19(3) in respect of employer contributions or benefits that have been paid to the Commonwealth, the Finance Minister is to make arrangements:\n    (a) for the payment of the amount out of the Consolidated Revenue Fund; or\n    (b) where it is not appropriate to make such a payment—for any other appropriate action to be taken;\n  and the order is to be taken to have been satisfied by the taking of any action that gives effect to the arrangements.\n  (3) An amount payable to a person under subsection 21(4) or (5) is payable:\n    (a) if the relevant superannuation scheme is established by an Act—by the Commonwealth; and\n    (b) in any other case—by the relevant superannuation authority out of the fund established under the relevant superannuation scheme.\n  (4) Where an amount mentioned in subsection (3) is payable by the Commonwealth, the amount is payable out of the fund established under the relevant Act or, if an amount attributable to the employee contributions of the person has been paid to the Commonwealth, out of the Consolidated Revenue Fund.\n  (5) An amount payable to a person under subsection 23(3) is payable by the Commonwealth out of the Consolidated Revenue Fund.\n  (6) The Consolidated Revenue Fund is appropriated to the extent necessary to pay any amount that is payable under this section out of that Fund.","sortOrder":46},{"sectionNumber":"42","sectionType":"section","heading":"Multiple payments in respect of same employee contributions not allowed","content":"#### 42 Multiple payments in respect of same employee contributions not allowed\n\n  (1) In spite of this Act and the AFP Act, where an amount has been paid to a person under subsection 21(4) or (5) of this Act in respect of employee contributions and interest on those contributions, the person is not entitled to payment of another amount under either of those subsections, or under subsection 47(2) or (3), 49(2) or 51(3) of the AFP Act, in respect of the same employee contributions and interest.\n  (2) In spite of this Act and the AFP Act, where an amount has been paid to a person under subsection 47(2) or (3), 49(2) or 51(3) of the AFP Act in respect of employee contributions and interest on those contributions, the person is not entitled to payment to another amount under subsection 21(4) or (5) of this Act in respect of the same employee contributions and interest.\n  (3) In this section:\n\n> AFP Act means the Australian Federal Police Act 1979.","sortOrder":47},{"sectionNumber":"43","sectionType":"section","heading":"Possible superannuation order not to be taken into account in sentencing","content":"#### 43 Possible superannuation order not to be taken into account in sentencing\n\n  A court shall not, in sentencing a person convicted of an offence punishable by imprisonment for life or for a term longer than 12 months, take into account the possibility that a superannuation order may be made in relation to the person.","sortOrder":48},{"sectionNumber":"44","sectionType":"section","heading":"Constitution of appropriate courts","content":"#### 44 Constitution of appropriate courts\n\n  Where an application for a superannuation order or a restraining order is made to a court before which a person was convicted of a corruption offence:\n    (a) the application may be dealt with by the court; and\n    (b) any power in relation to the order may be exercised by the court;\n  whether or not it is constituted in the same way in which it was constituted when the person was convicted of the offence.","sortOrder":49},{"sectionNumber":"45","sectionType":"section","heading":"Regulations","content":"#### 45 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":50}],"analysis":{"summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The Act remains focused on its original stated purpose: removing superannuation benefits from Commonwealth employees convicted of corruption offences and providing asset-freezing mechanisms to secure repayment. The scope has not materially expanded beyond this intent. Later amendments (e.g. updating references to CSC, the Finance Minister, and the Public Governance Act) reflect administrative modernisation rather than substantive scope change."},"complexity_factors":["Multiple interlocking legal mechanisms (superannuation orders, restraining orders, recovery orders, ancillary orders) that interact with each other","Complex mathematical formulas for calculating benefit repayment amounts, including inflation adjustments","Extended definition sections with nested definitions requiring cross-referencing across multiple provisions","Fictional legal constructs — treating absconding as equivalent to conviction, and extending property concepts to assets held by third parties","Interaction with multiple other legislative schemes (Superannuation Act 1976, Superannuation Act 1990, AFP Act 1979, Crimes Act 1914, Public Governance Act 2013, Family Law Act 1975)","Jurisdictional complexity involving Commonwealth, State, Territory courts and police authorities with different roles","Time-sensitive procedural requirements (48-hour charging windows, 6-month relevant periods, 14-day expiry of ex parte orders) creating layered timing rules","Corporate veil provisions requiring analysis of shareholdings, trusts, and family relationships to determine effective control of assets","Distinction between types of contributions (employer vs employee) requiring precise financial accounting in court proceedings","Provisions for variation, revocation, extension and registration of orders create multiple procedural pathways that must be tracked simultaneously"],"plain_english_summary":"## Crimes (Superannuation Benefits) Act 1989 — What Does It Do?\n\nThis law allows the government to **strip Commonwealth (federal government) employees of their superannuation (retirement savings) entitlements** if they are convicted of a serious corruption-related crime committed in connection with their job.\n\n### Who Does It Affect?\nAnyone who works for the Commonwealth government or a government-owned body — including public servants, politicians, judges, military personnel, and directors of government corporations — and who is convicted of a **'corruption offence'**. Their dependants (e.g. spouses, children) who might otherwise receive superannuation benefits can also be affected.\n\n### What Is a 'Corruption Offence'?\nA serious criminal offence (punishable by more than 12 months' prison) where the employee:\n- Abused their position of power, OR\n- Committed the crime for a corrupt purpose, OR\n- Tried to pervert (obstruct or manipulate) the course of justice.\n\n### What Can the Government Do?\n\n**1. Superannuation Orders (Part 2)**\nA court can make an order that:\n- Cancels all the employee's superannuation rights and benefits (and those of their family members)\n- Requires repayment of employer contributions and investment returns already paid to the person\n- The employee gets back *only* their own personal contributions (the money they personally put in) plus interest — not the employer's contributions\n\nThe Minister must authorise the Director of Public Prosecutions (DPP — the government's chief prosecutor) to apply for this order, and a court must be satisfied a corruption offence occurred.\n\n**2. Restraining Orders (Part 3)**\nBefore or during a prosecution, a court can **freeze the person's assets** (or assets they effectively control, even if held in someone else's name) to make sure money is available to pay back what's owed. Breaking a restraining order is itself a crime carrying up to 5 years' imprisonment.\n\n**3. Recovery Orders**\nIf superannuation benefits have already been paid out, the court can order the person to repay the government the value of those benefits (minus their own contributions).\n\n### Special Situations\n- **Absconding**: If a charged person flees and cannot be brought to justice, they can be treated as 'convicted' for the purposes of this Act.\n- **Corporate structures**: Courts can 'look through' companies and trusts to reach assets the person effectively controls, even if not in their name.\n- **Gifted assets**: Assets transferred to others as gifts within 2 years before charges are laid can still be frozen.\n- **If conviction overturned**: If the conviction is later quashed (overturned), the superannuation order is revoked and the person may receive fair compensation.\n\n### Key Protections\n- Employees always get their *own* contributions back (plus interest)\n- Sentencing judges cannot factor in the possibility of a superannuation order when deciding a sentence\n- Reasonable living expenses and legal costs can be carved out from frozen assets\n- The law does not apply retrospectively to convictions before 1989"},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"Section 2 (definition of 'Territory') vs Section 2 (definition of 'State')","severity":"medium","reasoning":"The ordinary meaning of 'State' and 'Territory' in Australian constitutional and legislative usage is well understood. Expanding 'State' to absorb the ACT, NT and Norfolk Island while simultaneously excluding them from 'Territory' creates a classification system where the term 'Territory' applies to almost nothing within Australia (only external territories under s.14), producing results that would surprise any reader and potentially confuse courts applying provisions that refer to 'State or Territory' cumulatively.","confidence":0.82,"description":"The definition of 'State' includes the Australian Capital Territory, the Northern Territory and Norfolk Island. The definition of 'Territory' expressly excludes the Australian Capital Territory and the Northern Territory, and (except in section 14) also excludes Norfolk Island. This means all three named Territories are classified as 'States' for the purposes of this Act, while none of them qualify as 'Territories'. The word 'Territory' is thus rendered nearly vacuous for most of the Act."},{"type":"impossible_compliance","section":"Section 6(1)(b) and Section 6(4)(b) — conviction by absconding","severity":"medium","reasoning":"Section 4 defines absconding as occurring where, among other things, the person 'cannot be found' or 'is not amenable to justice'. If those conditions persist, the person cannot be brought before a court as required by s.6(4)(b). While the provision is designed to operate once the person is eventually apprehended, the practical result is that the deemed conviction and all its consequences under Part 2 (including superannuation forfeiture) remain in force indefinitely with no avenue for the absconder to challenge them without first surrendering — creating a Catch-22.","confidence":0.75,"description":"A person who absconds is 'convicted' by statutory fiction under s.6(1)(b), yet the mechanism for quashing that fictional conviction under s.6(4)(b) requires the person to be 'brought before a court'. By definition, an absconder cannot be brought before a court while still absconding. The quashing mechanism is therefore conditionally impossible to activate so long as the very circumstance that triggered the fictional conviction persists."},{"type":"other","section":"Section 12 — Application to convictions and offences","severity":"low","reasoning":"While this is a deliberate drafting choice to avoid retrospective application to finalised convictions, the combination creates a logical oddity: two people who committed the identical offence on the identical day before commencement are treated entirely differently based purely on how quickly their trial concluded. The policy rationale is understandable but the internal logic of the Act produces anomalous outcomes.","confidence":0.65,"description":"Section 12(1) provides that the Act does not apply to convictions that occurred before the commencing day. Section 12(2) provides that the Act applies to offences committed at any time, including before the commencing day. These two subsections are simultaneously in force, meaning the Act can apply to a pre-commencement offence only if the conviction happens on or after the commencing day. This creates an arbitrary temporal distinction based on the date of conviction rather than the date of offending, potentially treating identically-situated offenders very differently depending solely on how fast the justice system processed them."},{"type":"other","section":"Section 17(1A) — mandatory DPP application threshold","severity":"low","reasoning":"The punctuation 'or:' followed by indented sub-paragraphs is a drafting anomaly. A purposive reading suggests life imprisonment is intended as a standalone sufficient condition while (i) and (ii) address fixed-term thresholds, but the text as written is genuinely ambiguous and could generate argument about whether the sub-paragraphs qualify the life-sentence limb or are alternatives to it.","confidence":0.6,"description":"Section 17(1A)(b) sets out sentencing thresholds triggering a mandatory DPP application obligation, but its formatting is defective. The colon after 'or' in 17(1A)(b) and the sub-paragraph indentation creates a grammatical structure in which limb (b) — 'the person is sentenced to imprisonment for life in respect of the offence, or any of the offences' — is syntactically severed from subparagraphs (i) and (ii), leaving it unclear whether the life imprisonment limb is a standalone condition or an introductory clause for the subparagraphs."},{"type":"circular_definition","section":"Section 43 — sentencing court not to consider superannuation order","severity":"medium","reasoning":"The prohibition in s.43 is intended to prevent 'double punishment' reasoning, but because superannuation forfeiture is directly gated on the sentence threshold in s.17(1A), a court that cannot think about superannuation consequences also cannot appreciate that a borderline sentence (e.g., 11 vs 13 months) will have dramatically different collateral consequences for the offender's retirement savings. This undermines the totality principle in sentencing and arguably conflicts with obligations to impose a just sentence.","confidence":0.78,"description":"Section 43 prohibits a sentencing court from taking into account the possibility of a superannuation order when sentencing. However, under s.17(1A), the DPP's mandatory obligation to apply for a superannuation order is triggered only where the defendant receives a sentence exceeding 12 months imprisonment. This creates a circularity: the sentence length determines whether a superannuation order application must be made, yet the court imposing that sentence is expressly forbidden from considering the superannuation consequences when determining the sentence."},{"type":"other","section":"Section 19(3) — forfeiture of contributions for any period of employment","severity":"high","reasoning":"While this may be a deliberate policy choice, it is logically disproportionate and internally inconsistent with the Act's purpose of targeting benefits derived from or associated with corruption. The Act's title and structure focus on corruption offences, yet the forfeiture mechanism sweeps up entirely innocent periods of service. The parenthetical acknowledgment that the period need 'not just' be the corruption period is a candid admission of the provision's reach beyond its stated rationale.","confidence":0.85,"description":"Section 19(3) requires the court to order forfeiture of employer contributions for 'any period of employment (not just a period during which the offence was committed)'. This means an employee who committed a single corruption offence at any point in a 30-year career loses employer superannuation contributions accumulated across the entire career, including decades entirely unconnected with any wrongdoing. The parenthetical explicitly acknowledges and mandates this overbreadth."},{"type":"other","section":"Section 21(4) — employee still employed when order takes effect","severity":"medium","reasoning":"The Act addresses what happens to existing entitlements but creates a gap: a convicted employee who is not dismissed (e.g., a long-serving public servant whose employment is not automatically terminated) ends up in employment without superannuation coverage. The Act does not address this gap, leaving both employer and employee in an uncertain position regarding ongoing superannuation obligations.","confidence":0.68,"description":"Section 21(4) entitles a person who 'is an employee when the superannuation order takes effect' to a refund of their employee contributions. However, s.21(1)(a) provides that on the day the order takes effect the person 'ceases to be a member of the scheme' and (by necessary implication) ceases to accrue further entitlements. If the person is still employed, they lose their employer-funded superannuation prospectively but continue in employment — an anomalous state where an employee has no superannuation coverage going forward, yet the Act provides no mechanism to compel the person to join an alternative scheme."},{"type":"self_contradicting","section":"Section 25(5) — 48-hour charging requirement for pre-charge restraining orders","severity":"low","reasoning":"In practice this gap may be small, but the misalignment of the two 48-hour periods creates a technical inconsistency. If there is any delay between the hearing and the formal making of the order, the window for charging could expire before 48 hours from the hearing but within 48 hours of the order, or vice versa, creating uncertainty about whether the order remains valid.","confidence":0.55,"description":"Section 25(5) requires the court to be satisfied the defendant will be charged within 48 hours before making a restraining order based on a proposed charge. Section 37(1)(f) provides the restraining order ceases to have effect if the defendant is not charged 'before the end of the period of 48 hours after the order is made'. These two 48-hour periods run from different starting points (satisfaction of the court vs making of the order) and could produce a situation where the court is satisfied charging will occur within 48 hours of the hearing, but the order is not made until after the hearing, so the effective window for charging is less than 48 hours from the order being made."}],"contradictions":[{"severity":"medium","section_a":"Section 2 — definition of 'State' (includes ACT, NT and Norfolk Island)","section_b":"Section 2 — definition of 'Territory' (excludes ACT, NT and Norfolk Island except in s.14)","confidence":0.85,"description":"The definitions of 'State' and 'Territory' are mutually inconsistent in their allocation of the ACT, Northern Territory and Norfolk Island. All three are included in 'State' and excluded from 'Territory', meaning the Act has no Australian 'Territories' for most purposes. Provisions drafted to cover 'States and Territories' may produce unintended results since the named territories are absorbed into 'State', making the 'Territory' limb redundant."},{"severity":"low","section_a":"Section 17(1) — mandatory DPP application where person absconded","section_b":"Section 19(2) — court must not make order against absconder without additional satisfaction","confidence":0.7,"description":"Section 17(1) imposes a mandatory obligation on the DPP to apply for a superannuation order where a person has been 'taken to have been convicted' by absconding under s.6(1)(b). However, s.19(2) provides that a court 'must not' make a superannuation order against such a person unless additionally satisfied on the balance of probabilities that the person has absconded AND either been committed for trial or that a reasonable jury could convict. The mandatory obligation to apply (s.17(1)) is thus imposed in circumstances where the Act simultaneously bars the order unless heightened criteria are met (s.19(2)), creating a potential obligation to make an application that is designed to fail absent additional evidentiary foundation."},{"severity":"low","section_a":"Section 20(2) — superannuation order for non-absconder does not take effect until appeal period expires","section_b":"Section 22(1) — DPP may apply to vary order 'as soon as practicable after the order takes effect'","confidence":0.6,"description":"Section 22(1) allows variation of a superannuation order to capture additional employer contributions made during the 'prescribed period' (s.22(3): from the day the order is made to the day of variation). However, for a non-absconder, the order does not take effect until the appeal period expires or appeals are resolved (s.20(2)), which could be years after the order is made. During this interregnum, employer contributions continue accruing. The variation mechanism is triggered only after the order takes effect, but the 'prescribed period' in s.22(3) starts from when the order is made — meaning contributions accrued before the order takes effect are captured in the prescribed period, but contributions accrued after the order takes effect but before variation are also within the prescribed period. This is workable but creates an awkward overlap where the order has no legal effect yet its making starts a clock for variation purposes."},{"severity":"high","section_a":"Section 21(1)(a) — all rights and benefits of dependants cease on the day the order takes effect","section_b":"Section 21(4) and (5) — person entitled to refund of employee contributions on ceasing to be a member","confidence":0.8,"description":"Section 21(1)(a) terminates all benefits 'to or in respect of the person or a dependant of the person'. This includes dependant death benefits and survivor pensions. Subsections 21(4) and (5) then provide a partial remedy — a refund of employee contributions — but only to 'the person', not to dependants. Dependants thus lose entitlements under s.21(1)(a) with no compensating provision equivalent to ss.21(4)/(5), creating an asymmetry where innocent third-party dependants (spouses, children) bear uncompensated loss."},{"severity":"medium","section_a":"Section 23(1)(b) — superannuation order revoked if sentence reduced below threshold","section_b":"Section 19(3) — forfeiture covers 'any period of employment'","confidence":0.72,"description":"If a superannuation order is revoked under s.23(1)(b) because a sentence is reduced on appeal, s.23(3) provides compensation determined by the Finance Minister at his or her discretion. However, the compensation framework in s.23(3) requires regard to 'any amount paid to the person under subsection 21(4) or (5)' but does not address amounts forfeited under s.19(3) (employer contributions). A person whose superannuation order is revoked may have had significant employer contributions already paid to the Commonwealth under s.19(3) before the revocation, and s.23(3) does not expressly require these to be refunded — leaving the Finance Minister's discretion as the sole (and potentially inadequate) remedy."},{"severity":"medium","section_a":"Section 26(2) — court must not allow living expenses from restrained property unless person cannot meet them from unrestrained property","section_b":"Section 25(2) — restraining order must not exceed what is necessary to ensure recovery","confidence":0.65,"description":"Section 25(2) limits a restraining order to what is 'necessary to ensure the recovery' of amounts payable under a recovery order. Section 26(2) then prevents the court from allowing living expenses out of restrained property unless the person has no unrestrained property. Read together, these provisions could require a court to restrain all of a defendant's property (if all of it is needed for recovery purposes under s.25(2)-(3)) while simultaneously denying living expense relief because the court restrained only what was 'necessary'. The provisions do not resolve the case where the totality of a defendant's property equals the recovery amount, leaving nothing unrestrained for living expenses but also no surplus restrained property from which relief could be granted."}]},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"rejection_reason":"","scope_assessment":{"changed":false,"description":"The legislation has not grown significantly beyond its original 1989 purpose of authorising the forfeiture or recovery of Commonwealth-funded superannuation benefits from employees convicted of corruption offences. Amendments have added procedural clarity (restraining orders, Criminal Code application, updated definitions for modern superannuation bodies such as CSC) but the core mechanism and triggers remain confined to corruption offences by Commonwealth employees."},"complexity_factors":["More than 40 densely cross-referenced defined terms in s 2 (including 'abscond', 'corruption offence', 'employee', 'superannuation scheme' and 'effective control')","Nested conditional rules across Parts 2 and 3 for when superannuation orders and restraining orders can be made (ss 17, 19, 25, 27)","Mathematical formulas in ss 19(4), 21(5) and 8(2) for calculating recoverable amounts, interest adjustments and partial interests in transferred property","Multiple deeming provisions (ss 6, 8, 10) that expand 'conviction', 'property of a person' and 'effective control' beyond ordinary meanings","Detailed interaction rules with the Superannuation Act 1976, Superannuation Act 1990, AFP Act 1979, Criminal Code and state/territory laws (ss 12, 12A, 21, 41, 42)"],"plain_english_summary":"**This law lets the Commonwealth recover superannuation (pension or lump-sum retirement savings) benefits from current or former public employees convicted of corruption offences.**\n\nIt applies to anyone employed by the Commonwealth or a Commonwealth-controlled body (including parliamentarians, federal judges, defence force members and many others). If a person commits a corruption offence (an abuse of their official position, a corrupt purpose, or perverting justice), a court can issue a **superannuation order**. This order cancels the person's future benefits, claws back employer-funded amounts already paid, and requires the person to repay benefits received (while still allowing them to get back only their own personal contributions plus interest).\n\nThe Act also lets courts freeze assets with **restraining orders** to stop people hiding money before repayment. It covers people who flee (abscond), sets out detailed evidence rules, protects dependants in limited ways, and stops multiple payments for the same contributions. The goal is simple: taxpayers should not fund comfortable retirements for people who betrayed the public trust through serious corruption.\n\nIt only applies to offences punishable by more than 12 months in prison and does not affect convictions before 1989."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The Act’s scope is set out within the instrument itself: it targets employer-funded superannuation benefits and related property in cases involving corruption offences by persons defined as Commonwealth employees (s2, s7, s19). It applies throughout Australia and to external Territories and may apply to offences committed at any time (s12(2), s14), while expressly excluding convictions that occurred before commencement (s12(1)). These features reflect the Act’s designed scope rather than a later change to that scope."},"complexity_factors":["Extensive and specific definitions that determine coverage (employee, corruption offence, superannuation scheme, abscond) (s2, s4, s7)","Interplay of executive decisions (Minister authorisation s16), prosecutorial action (DPP applications s17, s24) and judicial discretion (s19, s25, s32, s36, s40)","Evidentiary shortcuts and presumptions (prima facie certificates from superannuation authorities, transcripts and findings of fact) (s18)","Dual remedies and stages: restraining orders, superannuation orders, recovery orders, variation and revocation procedures (Parts 2–3, ss19, 22, 23, 25, 38)","Calculation formulas for amounts to be recovered and netting of employee contributions (s19(3)-(5), s21(4)-(5))","Mechanisms reaching third-party property and concepts of \"effective control\", including corporate and familial relationships (s8, s10, s40)","Procedural protections and notice requirements coupled with powers to delay notice and to proceed without notice in limited circumstances (s27, s28, s31, s28A)","Inter-action with other legislation and funds (Superannuation Acts, AFP Act) and rules to prevent double payments (s41, s42)","Extraterritorial and retrospective elements: applies to offences committed at any time and applies outside Australia (s12(2), s14)"],"plain_english_summary":"What the law does (mechanics)\n\n- The Act creates two main legal tools to recover or secure superannuation-related benefits where a Commonwealth employee is involved in a corruption offence: (1) a court-made superannuation order that redirects or recovers employer-funded superannuation benefits (Part 2); and (2) restraining orders that freeze or prevent dealings with specified property while recovery is pursued (Part 3).\n\n- Who may start the process and who decides:\n  - A police authority may notify the Finance Minister when it thinks an employee charged with an offence may have committed a corruption offence (s15).\n  - If the Minister considers the offence is a corruption offence, the Minister may authorise the Director of Public Prosecutions (DPP) to apply to a court for a superannuation order (s16). The DPP may also apply for restraining orders against property (s24).\n  - The appropriate court (defined by s2) decides whether to make superannuation or restraining orders and sets their terms (s19, s25).\n\n- What a superannuation order does, and when it takes effect:\n  - If the court is satisfied the offence is a corruption offence, it must declare the conviction and that Part 2 applies to the person’s rights and benefits under any relevant superannuation scheme (s19(1)).\n  - The court works out the value of employer contributions or benefits and can order that amount be paid to the Commonwealth or a Commonwealth authority (s19(3)). Where benefits have already been paid, the court must specify and order recovery of the net amount attributable to employer-funded benefits (s19(4)).\n  - For a person who has absconded, the order takes effect immediately (s20(1)); otherwise it does not take effect until appeal periods are exhausted or appeals finally decided (s20(2)).\n  - When a superannuation order takes effect, the person’s rights and benefits under the scheme cease and the person ceases to be a member of the scheme; any amount ordered is a debt payable to the Commonwealth and enforceable as a judgment debt (s21(1)-(3)).\n  - The person remains entitled to receive their own employee contributions (plus interest) in specified circumstances (s21(4)-(5)).\n\n- Restraining orders and related powers:\n  - The DPP can apply for a restraining order to prevent disposal or dealings with specified property of the defendant or another person (s24). A court may make such an order if the offence may be a corruption offence and the defendant has been or is a member of a superannuation scheme (s25).\n  - Restraining orders must be no greater than necessary to secure amounts recoverable under a future recovery order, but may extend to other property if no adequate property is available (s25(2)-(3)). A court may make them even where there is no present risk of disposal (s25(4)).\n  - The court can impose conditions to allow reasonable living, business or taxed legal expenses to be paid out of restrained property (s26).\n  - If made, a restraining order creates a charge on the property securing the amount in any later recovery order; the DPP may register the charge where registration systems exist (s33, s34).\n  - Contravening a restraining order intentionally is an offence punishable by up to 5 years imprisonment (s35(1)).\n\n- Evidence and administrative cooperation:\n  - The court may rely on trial transcripts and findings of fact from criminal proceedings and may accept prima facie certificates from superannuation authorities stating amounts held or paid (s18).\n  - Superannuation authorities must be given notice of orders and the DPP must give written notices to affected persons and authorities at various stages (s19(6), s28, s31).\n\n- Who pays and how amounts are handled:\n  - Amounts ordered payable in respect of employer contributions held in a fund other than the Consolidated Revenue Fund are payable out of that fund by the fund’s administrator (s41(1)).\n  - Where employer contributions have been paid to the Commonwealth, the Finance Minister makes arrangements for payment from the Consolidated Revenue Fund or other appropriate action (s41(2)). The Consolidated Revenue Fund is appropriated for amounts payable under the Act where required (s41(6)).\n  - Amounts ordered to be paid by a person are a debt to the Commonwealth and enforceable (s21(2)-(3)).\n  - The Act prevents double payments for the same employee contributions under this Act and the AFP Act (s42).\n\nKey definitions and scope that govern operation\n\n- \"Employee\" is defined broadly to include Commonwealth employees other than AFP employees and explicitly includes members of Parliament, federal judges, Defence Force members and other officeholders (s7).\n- \"Corruption offence\" is defined by reference to abuse of office, corrupt purpose having regard to powers and duties, or offences to pervert the course of justice (s2).\n- The Act applies throughout Australia and extends to external Territories; it applies to offences committed at any time but not to convictions that happened before the Act commenced (s12, s14).\n\nPractical incentives, trade-offs, compliance burdens and discretion points (source-grounded)\n\n- Who bears costs: The defendant pays amounts ordered under a superannuation order (s21(2)); superannuation funds or the Commonwealth may be required to pay or transfer amounts as the court directs (s19(3), s41). The Consolidated Revenue Fund may be called on where employer contributions were paid to the Commonwealth (s41(2), (6)).\n\n- Who decides and where discretion sits: The Minister decides whether to authorise the DPP to seek a superannuation order (s16). The DPP exercises prosecutorial discretion in applying for restraining/superannuation orders (s17, s24). Courts have broad discretion to make, vary, extend, or revoke orders and to set conditions, subject to statutory tests (s19, s25, s26, s32, s36).\n\n- Compliance and administrative burdens: Superannuation authorities must provide certificates and be notified of applications and orders; the DPP must give various written notices (s18(3)-(4), s19(6), s28, s31). Courts may require affidavits from police officers when a defendant has not been convicted (s27), increasing evidentiary work before freezing property.\n\n- Enforcement, reach and substitution risk: The Act defines \"effective control\" of property expansively (s10) and allows the court to declare property of others available to satisfy recovery orders where the property is effectively controlled by the defendant (s40). The Act treats recent gifts and undervalued transfers as property of the person for restraint purposes (s8(2)), which creates legal mechanisms to capture transferred assets.\n\n- Trade-offs and implementation risks: The statute balances a Commonwealth interest in recovering employer-funded benefits (s19, s41) against protections for defendants (appeal delay before effect in many cases (s20); entitlement to employee contributions (s21(4)-(5)); conditions for living/legal expenses (s26)). The Ministerial authorisation step (s16) and courts’ wide powers (s25, s32, s40) concentrate decision-making at executive and judicial points, with administrative tasks for superannuation authorities and the DPP.\n\nOther notable mechanical rules\n\n- A conviction for the Act’s purposes includes absconding tied to a charge and an outstanding warrant (s4, s6).\n- Proceedings under this Act are not criminal proceedings for some protections (s32(5)-(6)).\n- Courts must not consider the possibility of a superannuation order when sentencing (s43)."}},"importantCases":[],"_links":{"self":"/api/acts/crimes-superannuation-benefits-act-1989","history":"/api/acts/crimes-superannuation-benefits-act-1989/history","analysis":"/api/acts/crimes-superannuation-benefits-act-1989/analysis","conflicts":"/api/acts/crimes-superannuation-benefits-act-1989/conflicts","importantCases":"/api/acts/crimes-superannuation-benefits-act-1989/important-cases","documents":"/api/acts/crimes-superannuation-benefits-act-1989/documents"}}