Document ID: chunk:federal_register_of_legislation:C2018C00169:section:4:p2
Version: federal_register_of_legislation:C2018C00169
Segment Type: section
Provision Reference: s 4 (pt 2/7)
Character Range: 11583–14441

in the position of director of the institution or corporation, by whatever name called and whether or not validly appointed to occupy or duly authorised to act in the position; and
 (c) any person in accordance with whose directions or instructions the directors of the institution or corporation are accustomed to act.
distributable funds means amounts standing to the credit of the Confiscated Assets Special Account that is:
 (a) identified as distributable funds in accordance with the regulations (other than such money as is identified by the Official Trustee under subsection 34E(2) as suspended funds); or
 (b) identified by the Official Trustee under subsection 34E(3) as distributable funds.
DPP means the Director of Public Prosecutions.
encumbrance, in relation to property, includes any interest, mortgage, charge, right, claim or demand in respect of the property.
equitable sharing program means an arrangement under which any or all of the following happen:
 (a) the Commonwealth shares with a participating State a proportion of any proceeds of any unlawful activity recovered under a Commonwealth law, where, in the opinion of the Minister, that State has made a significant contribution to the recovery of those proceeds or to the investigation or prosecution of the relevant unlawful activity;
 (b) each participating State shares with the Commonwealth any proceeds resulting from a breach of the criminal law of that State where, in the opinion of the appropriate Minister of that State, officers of a law enforcement agency of the Commonwealth have made a significant contribution to the recovery of those proceeds;
 (c) the Commonwealth shares with a foreign country a proportion of any proceeds of any unlawful activity recovered under a Commonwealth law where, in the opinion of the Minister, the foreign country has made a significant contribution to the recovery of those proceeds or to the investigation or prosecution of the unlawful activity.
executive officer, in relation to a financial institution or a corporation, means any person, by whatever name called and whether or not he or she is a director of the institution or corporation, who is concerned, or takes part, in the management of the institution or corporation.
facsimile copy means a copy obtained by facsimile transmission.
financial institution means:
 (a) an ADI; or
 (b) a co‑operative housing society; or
 (d) a body corporate that is, or that, if it had been incorporated in Australia, would be, a financial corporation within the meaning of paragraph 51(xx) of the Constitution.
fixed term deposit means an interest bearing deposit lodged for a fixed period.
foreign forfeiture order has the same meaning as in the Mutual Assistance Act.
foreign pecuniary penalty order has the same meaning as in the Mutual Assistance Act.
foreign restraining order has the