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Confiscation of Criminal Assets Act 2003
129Meaning of equitable sharing program
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129 Meaning of equitable sharing program
equitable sharing program means an arrangement under which 1 or
more of the following happen:
(a) the Territory shares with the Commonwealth or a State a
proportion of any proceeds of an unlawful activity recovered
under a territory law (including this Act), if, in the Minister’s
opinion, the Commonwealth or that State has made a significant
contribution to the recovery of the proceeds or to the
investigation or prosecution of the unlawful activity;
(b) the Commonwealth or a State shares with the Territory a
proportion of any proceeds of an unlawful activity recovered
under a law of the Commonwealth or that State, if, in the opinion
of the appropriate Minister of the Commonwealth or that State,
the Territory has made a significant contribution to the recovery
of the proceeds;
(c) the Territory shares with a foreign country a proportion of the
proceeds of any unlawful activity recovered under a territory
law, if, in the Minister’s opinion, the foreign country has made
a significant contribution to the recovery of the proceeds or to
the investigation or prosecution of the unlawful activity.
(2) In subsection (1):
proceeds of an unlawful activity do not include proceeds of
confiscated assets, or corresponding proceeds, that are shareable
under the national cooperative scheme.
Note Proceeds that are shareable are dealt with in div 10.3 under the national
cooperative scheme on unexplained wealth.
unlawful activity means an act or omission that is—
(a) a relevant offence; or
(b) an offence against a law of a foreign country.