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Australian Criminal Intelligence Commission Bill 2026
17When an event is post-confiscation application10
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17 When an event is post-confiscation application10
(1) An event covered by subsection (2) is a post-confiscation11
application event in relation to a person if it happens at a time12
when:13
(a) a relevant confiscation proceeding has commenced against14
the person and that proceeding is still to be resolved; or15
(b) such a proceeding is imminent.16
(2) The events are as follows:17
(a) a notice to produce is issued to the person;18
(b) a summons is issued for the person to attend an examination19
as a witness;20
(c) an examination commences at which the person is to appear21
as a witness;22
(d) a requirement is imposed under section 65 for the person to23
give information, or produce a document or thing;24
(e) a determination is made under section 66 to expand the25
purposes of an examination at which the person is a witness;26
(f) questioning of the person begins during an examination;27
(g) material that relates to the person becomes compelled28
material;29
(h) compelled material, or derivative material, that relates to the30
person is used or disclosed.31
18 Meaning of confiscation proceeding32
(1) A confiscation proceeding means a proceeding under:33
No. , 2026 Australian Criminal Intelligence Commission Bill 2026 29
(a) the Proceeds of Crime Act 2002 (the Act); or1
(b) a corresponding law within the meaning of the Act.2
(2) A prosecution for an offence under the Act or a corresponding law3
is not a confiscation proceeding.4
(3) A proceeding is taken to be a confiscation proceeding against a5
person if:6
(a) for a proceeding under the Act—the person is a suspect7
(within the meaning of the Act) for the proceeding; or8
(b) for a proceeding under a corresponding law—the person is in9
a corresponding category for that law.10