Div 3ANational cooperative scheme on unexplained wealth

Division 3A—National cooperative scheme on unexplained wealth 209B—Interpretation (1) In this Division, unless the contrary intention appears— CJC subcommittee—see section 209G; Cooperating Jurisdiction Committee means the Cooperating Jurisdiction Committee established under the NCSUW agreement; cooperating State has the same meaning as in section 14F of the Proceeds of Crime Act 2002 of the Commonwealth (as in force from time to time); corresponding proceeds has the same meaning as in the NCSUW agreement; decision-making period means— (a) the period specified in the NCSUW agreement as being the decision‑making period for the purposes of the national cooperative scheme; or (b) if paragraph (a) does not apply—the period prescribed by the regulations as being the decision‑making period for the purposes of the national cooperative scheme; foreign jurisdiction means a jurisdiction outside Australia; forfeiture proceeds means proceeds arising from a confiscation, forfeiture or payment under a relevant law that are paid or payable to this State; national cooperative scheme means the National Cooperative Scheme on Unexplained Wealth established by the NCSUW agreement; NCS threshold has the same meaning as in the NCSUW agreement; NCSUW agreement means the Intergovernmental Agreement on the National Cooperative Scheme on Unexplained Wealth (as in force from time to time); net amount—see section 209F(2); non-participating State has the same meaning as in section 338 of the Proceeds of Crime Act 2002 of the Commonwealth (as in force from time to time); participating State has the same meaning as in section 14C of the Proceeds of Crime Act 2002 of the Commonwealth (as in force from time to time); relevant law—each of the following laws is a relevant law: (a) section 47 (forfeiture orders); (b) section 56A (deemed forfeiture orders); (c) section 72(1); (d) section 73(f); (e) section 74; (f) section 81(1)(c); (g) section 82(f); (h) section 95 (pecuniary penalty orders); (i) section 111 (literary proceeds orders); (j) section 206; (k) section 9 of the Serious and Organised Crime (Unexplained Wealth) Act 2009 (unexplained wealth orders); (l) a prescribed law; shareable—forfeiture proceeds are shareable if— (a) the proceeds are corresponding proceeds of this State; and (b) the amount of the proceeds exceeds the NCS threshold (whether or not the full amount is realised). (2) The NCSUW agreement and the regulations may specify that the decision-making period starts or ends at a time before an amount is paid to the Victims of Crime Fund. (3) Decisions may be made under this Division in relation to an amount before the amount is paid to the Victims of Crime Fund or becomes the net amount. 209C—Application of Division—National Cooperative Scheme This Division— (a) applies in respect of forfeiture proceeds of the State that are shareable under the national cooperative scheme; and (b) sets out the process for sharing with the Commonwealth or another State or Territory any forfeiture proceeds of the State that are shareable. 209D—Notification of shareable proceeds (1) The Minister must notify the Cooperating Jurisdiction Committee by notice in writing within 60 days of a final order, negotiated settlement or other forfeiture under a relevant law relating to forfeiture proceeds that are shareable under the national cooperative scheme. (2) A notification under subsection (1) must include sufficient information to enable a member jurisdiction of the Cooperating Jurisdiction Committee to determine if it has made a contribution for the purposes of the national cooperative scheme (within the meaning of the NCSUW agreement) in relation to the forfeiture proceeds the subject of the notification. 209E—Contribution by foreign jurisdiction If the Minister decides that— (a) a foreign jurisdiction has made a contribution in relation to the recovery of shareable forfeiture proceeds; and (b) it is appropriate that a specified amount of the proceeds be payable to the foreign jurisdiction, then the specified amount is payable to the foreign jurisdiction. 209F—Net amount (1) Forfeiture proceeds that are shareable with the Commonwealth or another State or Territory under the national cooperative scheme are to be reduced by any amount that is payable under— (a) an order of a court under this Act; and (b) section 209E. (2) The amount left after any reduction is made under subsection (1) is the net amount. 209G—CJC subcommittee (1) The Cooperating Jurisdiction Committee must establish a subcommittee (the CJC subcommittee) for the purposes of deciding matters under this Division in relation to the net amount. (2) The CJC subcommittee must consist of the following members of the Cooperating Jurisdiction Committee: (a) this State; and (b) any other member of the Cooperating Jurisdiction Committee that is found, by unanimous decision of the Cooperating Jurisdiction Committee, to have made a contribution (within the meaning of the NCSUW agreement) in relation to the recovery of the forfeiture proceeds comprising the net amount. 209H—Payment to contributing non-participating State If, in the decision-making period, the CJC subcommittee makes a unanimous decision that— (a) a non-participating State (other than a cooperating State) made a contribution (within the meaning of the NCSUW agreement) in relation to the recovery of the forfeiture proceeds comprising the net amount; and (b) it is appropriate that a specified proportion of the net amount be payable to that State, then the specified proportion of the net amount is payable to that State under the national cooperative scheme. 209I—Payment to contributing CJC members (1) Subject to subsection (2), any part of the net amount that remains after the application of section 209H is to be divided into equal proportions between this State and each of the other jurisdictions represented on the CJC subcommittee and the resulting proportion for each of those other jurisdictions is payable to the jurisdiction under the national cooperative scheme. (2) If the CJC subcommittee makes a unanimous decision in the decision-making period that— (a) it is inappropriate for the division referred to in subsection (1) to apply; and (b) a specified proportion, of any part of the net amount that remains after the application of section 209H, be payable to each of the jurisdictions represented on the subcommittee (other than this State), then the specified proportion for each of those jurisdictions, of any part of the net amount that remains after the application of section 209H, is payable to the jurisdiction under the national cooperative scheme. 209J—Payment period If an amount is payable to the Commonwealth or another State or Territory under this section, then the Attorney‑General must cause the amount to be paid to the Commonwealth or the other State or Territory in the period that is— (a) the period specified in the NCSUW agreement as being the payment period for the purposes of the national cooperative scheme; or (b) if paragraph (a) does not apply—the period prescribed by the regulations as being the payment period for the purposes of the national cooperative scheme. 209K—Payment to Victims of Crime Fund or Justice Rehabilitation Fund (1) Subject to subsection (2), any amount of shareable forfeiture proceeds remaining after the application of this Division (being this State's share of the shareable forfeiture proceeds) must be paid into the Victims of Crime Fund. (2) Shareable forfeiture proceeds of a prescribed drug offender remaining after the application of this Division (being this State's share of the shareable forfeiture proceeds of the prescribed drug offender) must be paid into the Justice Rehabilitation Fund. (3) Any amount paid to this State by the Commonwealth, another State or a Territory under the national cooperative scheme must be paid into the Victims of Crime Fund. Division 4—Charges on property Subdivision 1—Charge to secure certain amounts payable to the Crown 210—Charge on property subject to restraining order (a) a confiscation order is made against a person in relation to a serious offence; and (b) a restraining order relating to the offence or a related offence is, or has been, made against— (i) the person's property; or (ii) another person's property in relation to which an order under section 123(1) is, or has been, made, then, upon the making of the later of the orders, there is created, by force of this section, a charge on the property to secure the payment to the Crown of the penalty amount or the literary proceeds amount (as the case requires). (2) The charge ceases to have effect in respect of the property— (a) if the order was made in relation to the person's conviction of the serious offence and that conviction is quashed—upon the order being discharged under Part 5 Division 3 Subdivision 5; or (b) upon the discharge of the order or the restraining order by a court hearing an appeal against the making of the order; or (c) upon payment to the Crown of the penalty amount or the amount to be paid under the literary proceeds order in satisfaction of the order; or (d) upon the sale or other disposition of the property— (i) under an order under Part 7 Division 1 Subdivision 4; or (ii) by the owner of the property with the consent of the court that made the order; or (iii) if the restraining order directed the Administrator to take custody and control of the property—by the owner of the property with the consent of the Administrator; or (e) upon the sale of the property to a purchaser in good faith for value who, at the time of purchase, had no notice of the charge, whichever first occurs. Subdivision 2—Charge to secure certain amounts payable to Legal Services Commission 211—Legal Services Commission charges (a) the Legal Services Commission is to be paid an amount out of property that is covered by a restraining order; and (i) the court revokes the restraining order; or (ii) the order ceases to be in force under section 46, there is created by force of this section a charge on the property to secure the payment of the amount to the Legal Services Commission. (2) A charge created under subsection (1) ceases to have effect— (a) when the amount owing is paid to the Legal Services Commission; or (b) when the person sells or disposes of the property with the consent of the Administrator, whichever occurs first. Subdivision 3—Registering and priority of charges 212—Charges may be registered (1) If a charge is created by this Act on property of a particular kind, the Administrator or the DPP may cause the charge to be registered under the provisions of an Act providing for the registration of title to, or charges over, property of that kind. (2) For the purposes of section 210(2)(e), a person who purchases or otherwise acquires an interest in the property after registration of the charge is taken to have notice of the charge at the time of the purchase or acquisition. 213—Priority of charges A charge created by this Act— (a) is subject to every encumbrance on the property that came into existence before the charge and that would otherwise have priority; and (b) has priority over all other encumbrances; and (c) subject to this Act, is not affected by a change of ownership of the property.