79Crime (Confiscation of Profits) Account

### 79 Crime (Confiscation of Profits) Account > > (1)  In this section – > > > > > ***account*** means the Crime (Confiscation of Profits) Account established under [subsection (2)](#GS79@Gs2@EN) ; > > > > > ***equitable sharing arrangement*** means an arrangement under which either or both of the following happen: > > > > > > > > (a) [*\[Section 79 Subsection (1) amended by No. 60 of 2013, s. 11, Applied:01 Mar 2014\]*](/view/html/inforce/2014-03-01/act-2013-060#GS11@Hpa@EN) this State pays to another State or the Commonwealth a proportion of the proceeds of any unlawful activity recovered by this State under this Act by reason of a contribution made by that other State or the Commonwealth, as the case may be, to the recovery of those proceeds or to the investigation or prosecution of that unlawful activity; > > > > > > > > > (b) another State or the Commonwealth pays to this State a proportion of the proceeds of any unlawful activity recovered by that other State or the Commonwealth, as the case may be, by reason of a contribution made by this State to the recovery of those proceeds or to the investigation or prosecution of that unlawful activity. > > > (2)  [*\[Section 79 Subsection (2) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019\]*](/view/html/inforce/2019-07-01/act-2017-004#JS1@Ja25@GC1@Hpa@EN) There is to be established in the Public Account an account to be called the Crime (Confiscation of Profits) Account. > > > (3)  Subject to [subsection (4)](#GS79@Gs4@EN) , there is to be paid into the account – > > > > > > (a) all money that vests contingently in the State under this Act; and > > > > > > > (b) all money recovered by the State under this Act; and > > > > > > > (c) all money received by the State under the equitable sharing arrangement. > > > (4)  The Treasurer may, after consulting the Attorney-General, direct that any money recovered by the State under this Act is to be dealt with otherwise than in accordance with [subsection (3)](#GS79@Gs3@EN) if that money – > > > > > > (a) is in the form of coins or banknotes that have historical, numismatic or other special significance; or > > > > > > > (b) is in the form of foreign currency; or > > > > > > > (c) is in such other form as may be prescribed – > > > > but if, in accordance with a direction given under this subsection, any such money is sold or, as the case may be, converted into Australian currency, the net proceeds of the sale or conversion are to be paid into the account. > > > (5)  The Treasurer, on the advice of the Attorney-General, may authorize the making of such payments from the account as – > > > > > > (a) will enable the State to comply with any order to pay a person the declared value of an interest in property under [section 18](#GS18@EN) [(5)](#GS18@Gs5@EN) ; and > > > > > > > (b) will enable the Attorney-General to make any payment required under [section 19](#GS19@EN) ; and > > > > > > > (c) will enable the State to carry out any undertaking given on its behalf under [section 27](#GS27@EN) [(7)](#GS27@Gs7@EN) ; and > > > > > > > (d) the Treasurer considers appropriate under the equitable sharing arrangement; and > > > > > > > (e) are required for any prescribed purpose. > > > (6)  [*\[Section 79 Subsection (6) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019\]*](/view/html/inforce/2019-07-01/act-2017-004#JS1@Ja25@GC1@Hpb@EN) If there is insufficient money in the account to enable the State to– > > > > > > (a) carry out an undertaking given on its behalf under [section 27](#GS27@EN) [(7)](#GS27@Gs7@EN) ; or > > > > > > > (b) [*\[Section 79 Subsection (6) amended by No. 60 of 2013, s. 11, Applied:01 Mar 2014\]*](/view/html/inforce/2014-03-01/act-2013-060#GS11@Hpb@EN) make any other payment that the State is required or obliged to make under this Act other than [Part 9](#HP9@EN) – > > > > there is to be paid into the account from the Public Account, without further appropriation than this subsection, such amount as will enable the undertaking to be carried out or the payment to be made. > > > (7)  [*\[Section 79 Subsection (7) amended by No. 20 of 2013, s. 29, Applied:20 Jun 2013\]*](/view/html/inforce/2013-06-20/act-2013-020#GS29@EN) The money standing to the credit of the account from time to time is, subject to [subsection (5)](#GS79@Gs5@EN) and the approval of the Treasurer, to be paid into the Criminal Injuries Compensation Fund established under the [Victims of Crime Assistance Act 1976](/view/html/inforce/2026-04-12/act-1976-032) .