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.