Document ID: chunk:federal_register_of_legislation:C2015A00109:clause:1_1:p3
Version: federal_register_of_legislation:C2015A00109
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 3/3)
Character Range: 7442–9983

have been resolved; or
 (b) material is pre‑confiscation application examination material if the material becomes examination material at a time when:
 (i) a related confiscation proceeding has not commenced against the examinee, and such a proceeding is not imminent; or
 (ii) all such proceedings have been resolved; or
 (c) an examination is a pre‑confiscation application examination if the examination commences at a time when:
 (i) a related confiscation proceeding has not commenced against the examinee, and such a proceeding is not imminent; or
 (ii) all such proceedings have been resolved.
proceeds of crime authority means:
 (a) a proceeds of crime authority within the meaning of the Proceeds of Crime Act 2002; or
 (b) an authority of a State or Territory responsible for conducting a confiscation proceeding under a corresponding law (within the meaning of the Proceeds of Crime Act 2002).
prosecuting authority means an individual, or authority, authorised by or under a law of the Commonwealth or a State or Territory to prosecute an offence.
prosecutor, of an examinee, means an individual:
 (a) who is a prosecuting authority or is employed or engaged by a prosecuting authority; and
 (b) who:
 (i) makes, or is involved in the making of, a decision whether to prosecute the examinee for a related offence; or
 (ii) is one of the individuals engaging in such a prosecution of the examinee.
protected suspect means:
 (a) a protected suspect (within the meaning of Part IC of the Crimes Act 1914); or
 (b) a person who would be covered by paragraph (a) if the definition of Commonwealth offence in section 23B of that Act included any offence against a law of a State or Territory.
related confiscation proceeding means:
 (a) for examination material, derivative material or an examinee—a confiscation proceeding if the subject matter of the relevant examination relates to the subject matter of the proceeding; or
 (b) for a summons—a confiscation proceeding if the subject matter of the summons relates to the subject matter of the proceeding.
related offence means:
 (a) for examination material, derivative material or an examinee—an offence if the subject matter of the relevant examination relates to the subject matter of the offence; or
 (b) for a summons—an offence if the subject matter of the summons relates to the subject matter of the offence.
resolved has the meaning given by section 4C.
use, for examination material or derivative material, includes use of copies, contents or descriptions of that material.