Document ID: chunk:federal_register_of_legislation:C2018C00169:section:4:p6
Version: federal_register_of_legislation:C2018C00169
Segment Type: section
Provision Reference: s 4 (pt 6/7)
Character Range: 21632–24291

a person's conviction of an offence or the charging, or proposed charging, of a person with an offence—the Supreme Court of the State or Territory in which the person has been convicted or has been, or is to be, charged with the offence.
restraining order means an order under subsection 43(2).
State includes the Australian Capital Territory and the Northern Territory.
State indictable offence means an offence against a law of a State that may be dealt with as an indictable offence (even if it may, in some circumstances, be dealt with as a summary offence).
suspended funds means amounts standing to the credit of the Confiscated Assets Special Account that is:
 (a) identified as suspended funds in accordance with the regulations (other than such money as is identified by the Official Trustee under subsection 34E(3) as distributable funds); or
 (b) identified by the Official Trustee under subsection 34E(2) as suspended funds.
tainted property, in relation to an offence, means:
 (a) property used in, or in connection with, the commission of the offence; or
 (b) proceeds of the offence;
and when used without reference to a particular offence means tainted property in relation to an indictable offence.
Territory does not include the Australian Capital Territory or the Northern Territory.
unlawful activity means an act or omission that constitutes an offence against a law in force in the Commonwealth, a State, a Territory or a foreign country.
 (2) A reference in this Act to a person being charged with an offence is a reference to an information being laid against the person for the offence whether or not:
 (a) a summons to require the attendance of the person to answer the information has been issued; or
 (b) a warrant for the apprehension of the person has been issued.
 (3) A reference in this Act to a benefit derived by a person includes a reference to:
 (a)  a benefit derived, directly or indirectly, by the person; and
 (b) a benefit derived, directly or indirectly, by another person at the request or direction of the first person.
 (3A) For the purposes of this Act, in determining whether a person has derived substantial benefit from the commission of 2 or more public fraud offences, have regard to the aggregate of the benefits derived by the person from the commission of those offences.
 (4) A reference in this Act to the property of a person includes a reference to property in respect of which the person has the beneficial interest.
 (5) A reference in this Act to a criminal offence is a reference to an offence against a law of the Commonwealth or of a Territory.
 (6) Without prejudice to its effect by virtue of