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.