Proceeds of Crime Act 2002
334Meaning of abscond
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334 Meaning of abscond
(1) For the purposes of this Act, a person is taken to abscond in connection with an offence if and only if: (a) an information is laid alleging the person committed the offence; and (b) a warrant for the person’s arrest is issued in relation to that information; and (c) subsection (2) applies to the person and the warrant. (2) This subsection applies to a person and a warrant if either of the following occurs: (a) at the end of the period of 6 months commencing on the day on which the warrant is issued: (i) the person cannot be found; or (ii) the person is, for any other reason, not amenable to justice and, if the person is outside *Australia, extradition proceedings are not on foot; (b) at the end of the period of 6 months commencing on the day on which the warrant is issued: (i) the person is, because he or she is outside Australia, not amenable to justice; and (ii) extradition proceedings are on foot; and subsequently those proceedings terminate without an order for the person’s extradition being made. (3) Extradition proceedings taking place in a jurisdiction in relation to a person are not taken, for the purposes of subsection (2), to be on foot unless the person is in custody, or is on bail, in that jurisdiction.