130ADefinitions

130A Definitions In this Part: CJC means the Cooperating Jurisdiction Committee established under the Intergovernmental Agreement and consisting of representatives from each participating jurisdiction. CJC subcommittee, see section 130H(1)(b). confiscation includes forfeiture. contributing jurisdiction means any of the following that make a contribution for the purposes of the NCS: (a) the Commonwealth; (b) a participating State; (c) a cooperating State; (d) the Australian Capital Territory. contribution, for the NCS, see section 130B. cooperating State, see section 14F of the Proceeds of Crime

Criminal Property Forfeiture Act 2002 73 corresponding law means a law of the Territory that is declared by the Proceeds of Crime Regulations 2019 (Cth) to be a law that corresponds to the Proceeds of Crime Act 2002 (Cth). corresponding proceeds, for the NCS, means an amount that: (a) is paid to the Territory under a corresponding law; and (b) corresponds to, or is similar to, an amount that is proceeds of confiscated assets under the Proceeds of Crime Act 2002 (Cth) and is paid in relation to a relevant application or a relevant order. decision-making period means the 6 month period after the Territory notifies the CJC of a matter mentioned in section 130G. foreign jurisdiction means a jurisdiction outside Australia. forfeiting jurisdiction, for the NCS, means the jurisdiction that: (a) obtains a final order in relation to proceeds of confiscated assets under the Proceeds of Crime Act 2002 (Cth) or corresponding proceeds of a State or Territory; or (b) enters into a negotiated settlement, or receives any other amount, in relation to proceeds mentioned in paragraph (a). forfeiture action means a proceeding in relation to a relevant application or a relevant order. forfeiture proceeds means proceeds arising from a forfeiture action that are paid or payable to the Territory under a relevant order. Intergovernmental Agreement means the Intergovernmental Agreement on the National Cooperative Scheme on Unexplained Wealth, as in force from time to time. NCS means the National Cooperative Scheme on Unexplained Wealth established by the Intergovernmental Agreement and entered into by the Territory on 7 December 2018. NCS threshold means: (a) $100 000; or (b) if another amount is prescribed by regulation – that other amount.

Criminal Property Forfeiture Act 2002 74 participating jurisdiction means the following: (a) the Territory; (b) a participating State; (c) the Australian Capital Territory. participating State, see section 14C of the Proceeds of Crime payment period, for the NCS, means 6 months from the date of realisation of the assets in their entirety, or when the maximum amount likely to be realised from a final order or negotiated settlement has been realised, whichever is the later. relevant application means: (a) an application for a declaration under section 36A of the Misuse of Drugs Act 1990 that a person is a drug trafficker; or (b) an application prescribed by regulation for this definition. relevant order, see section 130C. shareable proceeds, see section 130D. unexplained wealth means property or wealth that might not have been lawfully acquired.