14FWhen a non‑participating State is a cooperating State

14F When a non‑participating State is a cooperating State

States that have referred text references 1 and 2 (1) A *non‑participating State is a cooperating State if: (a) an *express amendment of section 14G or 14J (about rollback), or Division 2 of Part 4‑3 (about sharing proceeds), was enacted; and (b) before the amendment was enacted, the State was a *participating State; and (c) after the amendment was enacted, the State ceased to be a participating State because it terminated either or both of the following: (i) the referral of *text reference 1; (ii) the referral of the *amendment reference; and (d) the termination was effected by a proclamation that was made under the State’s *referral Act for the purposes of this section; and (e) the State has not terminated its referral of *text reference 2.

Note: Under Division 2 of Part 4‑3 (which is about sharing proceeds of confiscated assets under the national cooperative scheme), a non‑participating State that is a cooperating State is treated in the same way as a participating State.

States that have adopted the post‑amended versions of this Act (2) A *non‑participating State is also a cooperating State if: (a) an *express amendment of section 14G or 14J (about rollback), or Division 2 of Part 4‑3 (about sharing proceeds), was enacted; and (b) before the amendment was enacted, the State was a *participating State; and (c) after the amendment was enacted, the State ceased to be a participating State because it terminated either or both of the following: (i) the adoption of *post‑amended version 1 of this Act; (ii) the referral of the *amendment reference; and (d) the termination was effected by a proclamation that was made under the State’s *adoption Act for the purposes of this section; and (e) the State has not terminated its adoption of *post‑amended version 2 of this Act. (3) Despite subsections (1) and (2), a *non‑participating State ceases to be, or is not, a cooperating State if a declaration under subsection (4) is in force in relation to the State. (4) The Minister may, by legislative instrument, declare that a State is not a *cooperating State. (5) A declaration made under subsection (4) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.