NTIn ForceAct
Criminal Property Forfeiture Act 2002
130ADefinitions
Start here
Get a plain-English read of 130A
Turn the raw legal text into a practical explanation grounded in Criminal Property Forfeiture Act 2002.
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.