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