337AMeaning of foreign indictable offence

#### 337A Meaning of foreign indictable offence (1) If: (a) an application (the current application) is made for a \*freezing order, \*production order, \*search warrant, \*restraining order or \*confiscation order in relation to conduct that constituted an offence against a law of a foreign country; and (b) if the conduct had occurred in Australia at the testing time referred to in subsection (2), the conduct would have constituted an offence against a law of the Commonwealth, a State or a Territory punishable by at least 12 months imprisonment; then, for the purposes of the current application, the conduct is treated as having constituted a foreign indictable offence at all relevant times. > Note: Example: X commits an offence against a law of a foreign country at a time when the conduct is not an offence against Australian law. X then derives literary proceeds in relation to the offence and transfers the proceeds to Australia. After the proceeds are transferred, a new Commonwealth offence is created that applies to the type of conduct concerned. An application is then made for a literary proceeds order. For the purposes of the proceedings for that order, the original conduct is treated as having constituted a foreign indictable offence at all relevant times and accordingly an order can be made in respect of those proceeds. (2) The testing time for the current application is: (a) if the current application is an application for a \*freezing order, \*production order, \*search warrant or \*restraining order—the time when the current application was made; or (b) if the current application is an application for a \*confiscation order (other than a \*literary proceeds order) in relation to a restraining order—the time when the application for the restraining order was made; or (c) if: (i) the current application is an application for a literary proceeds order; and (ii) an earlier restraining order has been made in respect of the same offence; the time when the application was made for that earlier restraining order; or (d) if the current application is an application for a literary proceeds order but paragraph (c) does not apply—the time when the current application was made.