NTIn ForceAct
Criminal Property Forfeiture Act 2002
130DMeaning of shareable proceeds
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130D Meaning of shareable proceeds
Forfeiture proceeds are shareable proceeds for the NCS if:
(a) the proceeds are:
(i) for the Commonwealth – proceeds of confiscated assets
under the Proceeds of Crime Act 2002 (Cth) paid to the
Commonwealth in relation to an order or a proceeding of
the kind described in Appendix B of the
Intergovernmental Agreement; or
(b) for non-Commonwealth parties – corresponding
proceeds of a State or Territory; and
(b) the amount specified in the relevant application or relevant
order, as part of a negotiated settlement, or that is otherwise
forfeited under a corresponding law, exceeds the NCS
threshold (whether or not the full amount is realised).
Note for section 130D
If the full amount mentioned in paragraph (b) is not realised, and the amount
realised is less than or equal to the NCS threshold, the proceeds are still
shareable.