Proceeds of Crime Act 2002

CHAPTER 4 - ADMINISTRATION  

PART 4-3 - CONFISCATED ASSETS ACCOUNT  

Division 1 - Establishment, crediting and payments out of the Account  

SECTION 297   297   Payments out of the account  
The following are purposes of the * Confiscated Assets Account:

(a)  making any payments by way of financial assistance to the States or *self-governing Territories that the Minister considers are appropriate under the *equitable sharing program;

(aa)  

making any payments to foreign countries that the Minister considers are appropriate under the equitable sharing program;

(ab)  

making any payments by way of financial assistance to the States or self-governing Territories in accordance with the *national cooperative scheme on unexplained wealth;

(ac)  

making any payments to foreign countries in accordance with the national cooperative scheme on unexplained wealth;

(b)  making any payments under a program approved by the Minister under section 298 ;

(ba)  

transferring amounts to the *COAG Reform Fund in accordance with section 298E for the purposes of making grants to the States and Territories under section 298A ;

(c)  making any payments that the Minister administering the Mutual Assistance in Criminal Matters Act 1987 considers necessary to satisfy the Commonwealth ' s obligations in respect of:


(i) a registered * foreign forfeiture order; or

(ii) an order registered under section 45 of the International War Crimes Tribunals Act 1995 ; or

(iii) a registered * foreign pecuniary penalty order;

(d)  making any payments to a State or to a self-governing Territory that the Minister administering the Mutual Assistance in Criminal Matters Act 1987 considers necessary following a crediting to the Account under paragraph 296(1)(b) of money received from a foreign country;

(e)  

paying the * Official Trustee amounts that were payable to the Official Trustee under regulations made for the purposes of paragraph 288(1)(a) or (b) ;

(ea)  

paying the Official Trustee amounts that were payable to the Official Trustee under regulations made for the purposes of subsection 9B(1) of the Crimes Act 1914 ;

(f)  paying the annual management fee for the Official Trustee as specified in the regulations;

(faa)  

making any payments in discharge of an *associated GST entity ' s liability to pay *GST in connection with a disposal under section 70 or 100 ;

(fa)  making any payments the Commonwealth is directed to make by an order under paragraph 55(2)(a) , section 72 , paragraph 73(2)(d) , section 77 or 94A , subparagraph 102(d)(ii) or section 179L ;

(g)  making any payments under an arrangement under paragraph 88(1)(b) or subsection 289(2) ;

(ga)  

making any payments in relation to the conduct of an * examination, so long as the payments have been approved by the *responsible authority for the *principal order, or application for a principal order, in relation to which the examination was conducted;

(h)  making any payments to a * legal aid commission under Part 4-2 .

297(2)  
(Repealed by No 4 of 2010)




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