Proceeds of Crime Act 2002
[ CCH Note: Div 2 heading will be amended by No 82 of 2026, s 3 and Sch 3 item 150, by inserting " and criminal asset confiscation " at the end, effective 26 August 2027.]
The national cooperative scheme on unexplained wealth is a scheme under which any or all of the following happen: (a) the Commonwealth shares with a foreign country, in accordance with section 297B , any * proceeds of confiscated assets that are shareable (within the meaning of the * NCSUW agreement); (b) the Commonwealth shares with a State or * self-governing Territory, in accordance with section 297C , any proceeds of confiscated assets that are shareable (within the meaning of the NCSUW agreement); (c) a * participating State, * cooperating State or self-governing Territory shares with the Commonwealth, in accordance with a law of the State or Territory, any corresponding proceeds of the State or Territory (within the meaning of the NCSUW agreement) that are shareable (within the meaning of that agreement); (d) a * non-participating State (other than a cooperating State) shares with the Commonwealth any corresponding proceeds of the State (within the meaning of the NCSUW agreement) that are shareable (within the meaning of that agreement).
[ CCH Note: S 297A(1) will be amended by No 82 of 2026, s 3 and Sch 3 items 152 and 153, by omitting " (1) " and inserting " and criminal asset confiscation " after " wealth " , effective 26 August 2027.]
297A(2)
The NCSUW agreement is the Intergovernmental Agreement on the National Cooperative Scheme on Unexplained Wealth, as in force from time to time.
[ CCH Note: S 297A(2) will be repealed by No 82 of 2026, s 3 and Sch 3 item 154, effective 26 August 2027.]
[
CCH Note:
S 297AA will be inserted by No 82 of 2026, s 3 and Sch 3 item 151, effective 26 August 2027. S 297AA will read:
SECTION 297AA Definitions
]
297AA(1)
A
non-referring signatory State
is a State that:
(a)
is not a
*
participating State or a
*
cooperating State; and
(b)
is a party to the NCSUW agreement.
297AA(2)
The
NCSUW agreement
is the Intergovernmental Agreement on the National Cooperative Scheme on Unexplained Wealth and Criminal Asset Confiscation, as in force from time to time.
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