296Credits to the Account

296 Credits to the Account

(1) There must be credited to the *Confiscated Assets Account amounts equal to: (a) *proceeds of confiscated assets; and (aa) input tax credits: (i) to which the *Official Trustee is entitled; and (ii) that are in connection with disposals under section 70 or 100; and (b) money paid to the Commonwealth by a foreign country, within the meaning of the *Mutual Assistance Act, under a treaty or arrangement providing for mutual assistance in criminal matters; and (c) money paid to the Commonwealth under a *foreign pecuniary penalty order registered under section 34 of the Mutual Assistance Act; and (d) money deriving from the enforcement of an *interstate forfeiture order registered in a *non‑governing Territory, other than money covered by a direction under subsection 70(2) or 100(2); and (e) amounts paid to the Commonwealth by a State or *self‑governing Territory under the *equitable sharing program; and (ea) amounts paid to the Commonwealth by a State or self‑governing Territory under the *national cooperative scheme on unexplained wealth; and (f) money, other than money referred to in paragraph (b), paid to the Commonwealth by a foreign country in connection with assistance provided by the Commonwealth in relation to the recovery by that country of the proceeds of *unlawful activity or the investigation or prosecution of unlawful activity; and (g) money paid to the Commonwealth under subsection 293(3), and any amounts recovered by the Commonwealth as a result of executing a charge created under section 302A; and (gb) money (other than a penalty) that is paid by a person to the Commonwealth (directly or indirectly) under, or in connection with, a *foreign deferred prosecution agreement, and that represents any or all of the following: (i) the whole or a part of *benefits the person derived from alleged *unlawful activity; (ii) the whole or a part of property that is wholly or partly derived or realised by the person, directly or indirectly, from alleged unlawful activity; (iii) the whole or a part of property that is used in, or in connection with, the commission of alleged unlawful activity; (iv) the whole or a part of property that is intended to be used in, or in connection with, the commission of alleged unlawful activity; and (h) the remainder of the money referred to in paragraph 35G(1)(b) of the *Mutual Assistance Act; and (i) the remainder of the proceeds referred to in paragraph 35G(2)(c) of the Mutual Assistance Act; and (j) the remainder of the proceeds referred to in paragraph 9A(c) of the Crimes Act 1914; and (k) the money referred to in paragraph 208DA(3)(a) of the Customs Act 1901; and (l) the remainder of the proceeds referred to in subparagraph 208DA(3)(b)(iii) of the Customs Act 1901; and (m) the amount referred to in subsection 243B(4) of the Customs Act 1901; and (n) the remainder of the money referred to in paragraph 243G(6)(a) of the Customs Act 1901; and (o) the remainder of the proceeds referred to in subparagraph 243G(6)(b)(iii) of the Customs Act 1901. (3) The following are proceeds of confiscated assets: (a) the remainder of the money and amounts referred to in paragraph 70(1)(c); (b) the amount referred to in paragraph 89(1)(c) or 90(1)(f); (c) the remainder of the money and amounts referred to in paragraph 100(1)(c); (d) the amount referred to in paragraph 105(1)(c) or 106(1)(f); (e) the amount referred to in subsection 140(1), to the extent it has been paid to the Commonwealth; (f) the amount referred to in subsection 167(1), to the extent it has been paid to the Commonwealth; (fa) the amount referred to in subsection 179R(1), to the extent it has been paid to the Commonwealth; (g) the remainder of the money and amounts referred to in paragraph 284(1)(c); (h) the amount referred to in paragraph 284(2)(a); (i) amounts paid to the Commonwealth in settlement of proceedings connected with this Act. (4) The equitable sharing program is an arrangement under which any or all of the following happen: (a) the Commonwealth shares with a participating State or *self‑governing Territory a proportion of any *proceeds of any *unlawful activity (other than *proceeds of confiscated assets that are shareable (within the meaning of the *NCSUW agreement)) recovered under a Commonwealth law, if, in the Minister’s opinion, that State or Territory has made a significant contribution to the recovery of those proceeds or to the investigation or prosecution of the relevant unlawful activity; (b) each participating State or Territory shares with the Commonwealth any proceeds resulting from a breach of the criminal law of that State or Territory if, in the opinion of the appropriate Minister of that State or Territory, officers of an *enforcement agency have made a significant contribution to the recovery of those proceeds; (c) the Commonwealth shares with a foreign country a proportion of any proceeds of any unlawful activity (other than proceeds of confiscated assets that are shareable (within the meaning of the NCSUW agreement)) recovered under a Commonwealth law if, in the Minister’s opinion, the foreign country has made a significant contribution to the recovery of those proceeds or to the investigation or prosecution of the unlawful activity.