Proceeds of Crime Act 2002
For the purposes of this Act, a person is taken to be convicted of an offence if:
(a) the person is convicted, whether summarily or on indictment, of the offence; or
(b) the person is charged with, and found guilty of, the offence but is discharged without conviction; or
(c) a court, with the consent of the person, takes the offence, of which the person has not been found guilty, into account in passing sentence on the person for another offence; or
(d) the person * absconds in connection with the offence.
331(2)
Such a person is taken to have been convicted of the offence in the following State or Territory:
(a) if paragraph (1)(a) applies - the State or Territory in which the person was convicted;
(b) if paragraph (1)(b) applies - the State or Territory in which the person was discharged without conviction;
(c) if paragraph (1)(c) applies - the State or Territory in which the court took the offence into account in passing sentence on the person for the other offence;
(d) if paragraph (1)(d) applies - the State or Territory in which the information was laid alleging the person ' s commission of the offence.
331(3)
If paragraph (2)(d) applies to a person:
(a) the person is taken to have been convicted of the offence before the Supreme Court of that State or Territory; and
(b) the person is taken to have committed the offence.
331(4)
This section does not apply to a * foreign serious offence.
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.
