Document ID: chunk:federal_register_of_legislation:C2024C00749:section:5b:p1
Version: federal_register_of_legislation:C2024C00749
Segment Type: section
Provision Reference: s 5B (pt 1/3)
Character Range: 128946–131581

5B  Exempt proceedings
 (1) A reference in this Act to an exempt proceeding is a reference to:
 (a) a proceeding by way of a prosecution for a prescribed offence; or
 (b) a proceeding for the confiscation or forfeiture of property, or for the imposition of a pecuniary penalty, in connection with the commission of a prescribed offence; or
 (ba) a proceeding under the Spam Act 2003; or
 (bb) a proceeding under, or a proceeding relating to a matter arising under, Division 104 (control orders) or Division 105A (post‑sentence orders) of the Criminal Code; or
 (bba) a proceeding under, or a proceeding relating to a matter arising under, Division 395 of the Criminal Code (community safety orders); or
 (bc) a proceeding under, or a proceeding relating to a matter arising under, a preventative detention order law, so far as the proceeding relates to a preventative detention order (within the meaning of that law); or
 (bd) a proceeding under, or a proceeding relating to a matter arising under, a post‑sentence detention law or a post‑sentence supervision law; or
 (be) a proceeding under, or a proceeding relating to a matter arising under, the main unexplained wealth provisions; or
 (bf) a proceeding under, or a proceeding relating to a matter arising under, the unexplained wealth legislation of a participating State, the Australian Capital Territory or the Northern Territory; or
 (c) a proceeding for the taking of evidence pursuant to section 43 of the Extradition Act 1988, in so far as the proceeding relates to a prescribed offence; or
 (ca) a proceeding under, or a proceeding relating to a matter arising under, an organised crime control law; or
 (d) a proceeding for the extradition of a person from a State or Territory to another State or Territory, in so far as the proceeding relates to a prescribed offence; or
 (da) a proceeding by way of a coroner's inquest if, in the opinion of the coroner, the event that is the subject of the inquest may have resulted from the commission of a prescribed offence; or
 (e) a police disciplinary proceeding; or
 (ea) a proceeding in so far as it relates to:
 (i) a decision by the Commissioner of Police to terminate the employment of an AFP employee or the appointment of a special member of the Australian Federal Police; or
 (ii) a decision by the Commissioner of a Police Force of a State to terminate the appointment of an officer or member of staff of that Police Force; or
 (eb) a proceeding in so far as it is, or relates to, disciplinary or legal action (within the meaning of section 6S) that is in relation to an eligible staff member (within the meaning of that