179Transitional—Confiscation Amendment Act 2010

179 Transitional—Confiscation Amendment Act 2010 (1) Section 3A as inserted by section 5 of the **Confiscation Amendment Act 2010** applies to— (a) a proceeding commenced on or after the commencement of section 5 of that Act; and (b) a proceeding commenced before the commencement of section 5 of that Act that has not been determined before that commencement. (2) Section 16 as amended by section 7 of the **Confiscation Amendment Act 2010** applies to an application under section 16 that is made on or after the commencement of section 7 of that Act. (3) Section 19B as amended by section 8 of the **Confiscation Amendment Act 2010** applies to any notice issued under section 19A on or after the commencement of section 8 of that Act irrespective of when the restraining order is made. (4) Section 27 as amended by section 15 of the **Confiscation Amendment Act 2010** applies to a restraining order, irrespective of when the order was made. (5) Section 31H(2)(b) as amended by section 16 of the **Confiscation Amendment Act 2010** applies to a freezing order made on or after the commencement of section 16 of that Act. (6) Division 3 of Part 3 as inserted by section 19 of the **Confiscation Amendment Act 2010** applies with respect to Schedule 2 offences only if they are alleged to have been committed on or after the commencement of section 19 of that Act. (7) For the purposes of subsection (6), if an offence is alleged to have been committed between two dates, one before and one on or after the commencement of section 19 of the **Confiscation Amendment Act 2010**, the offence is alleged to have been committed before that commencement. (8) Section 62 as amended by section 20 of the **Confiscation Amendment Act 2010** applies to a pecuniary penalty order made on or after the commencement of section 20 of that Act. (9) Section 69A as inserted by section 22 of the **Confiscation Amendment Act 2010** applies to a pecuniary penalty order made on or after the commencement of section 22 of that Act. (10) Section 74 as amended by section 23 of the **Confiscation Amendment Act 2010** applies to a pecuniary penalty order made on or after the commencement of section 23 of that Act. (11) Section 118E as amended by section 25 of the **Confiscation Amendment Act 2010** applies in relation to— (a) property in respect of which a restraining order (including a restraining order made for the purposes of civil forfeiture before the repeal of section 15(1)(c) by section 40 of the **Confiscation Amendment Act 2010**) or a civil forfeiture restraining order is in force on or after the commencement of section 25 of that Act, irrespective of when the order was made; and (b) property that is or has been forfeited under this Act, irrespective of when the forfeiture occurs. (12) Section 118G as amended by section 26 of the **Confiscation Amendment Act 2010** applies to information notices issued on or after the commencement of section 26 of that Act. (13) Section 118H as amended by section 27 of the **Confiscation Amendment Act 2010** applies to information notices issued on or after the commencement of section 27 of that Act. (14) Section 119 as amended by section 28(3) of the **Confiscation Amendment Act 2010** applies irrespective of whether the information was communicated to the AUSTRAC CEO before, on or after the commencement of section 28(3) of that Act. (15) Section 120A as amended by section 29 of the **Confiscation Amendment Act 2010** applies in relation to— (a) property in respect of which a restraining order (including a restraining order made for the purposes of civil forfeiture before the repeal of section 15(1)(c) by section 40 of the **Confiscation Amendment Act 2010**) or a civil forfeiture restraining order is in force on or after the commencement of section 29 of that Act, irrespective of when that was made; and (b) property that is or has been forfeited under this Act, irrespective of when the forfeiture occurs. (16) Sections 133 and 133A as amended by section 30 of the **Confiscation Amendment Act 2010** apply to a proceeding on an application under this Act, where the application is made on or after the commencement of section 30 of that Act. (17) Section 141A as inserted by section 31 of the **Confiscation Amendment Act 2010** applies to a scheme entered into on or after the commencement of section 31 of that Act. (18) Schedule 2 as amended by section 32(1) of the **Confiscation Amendment Act 2010** applies to an offence alleged to have been committed on or after the commencement of section 32(1) of that Act. (19) Schedule 2 as amended by section 32(2) of the **Confiscation Amendment Act 2010** applies to an offence alleged to have been committed on or after the commencement of section 32(2) of that Act. (20) For the purposes of subsections (18) and (19), if an offence is alleged to have been committed between two dates, one before and one on or after the commencement of section 32(1) or 32(2) (as the case requires) of the **Confiscation Amendment Act 2010**, the offence is alleged to have been committed before that commencement. S. 180 inserted by No. 68/2010 s. 68.