Document ID: chunk:federal_register_of_legislation:C2004A01339:clause:1_337a
Version: federal_register_of_legislation:C2004A01339
Segment Type: clause
Provision Reference: sch 1 cl 337A
Character Range: 27036–29497

337A  Meaning of foreign indictable offence

 (1) If:
 (a) an application (the current application) is made for a *restraining order or *confiscation order in relation to conduct that constituted an offence against a law of a foreign country; and
 (b) if the conduct had occurred in Australia at the testing time referred to in subsection (2), the conduct would have constituted an offence against a law of the Commonwealth, a State or a Territory punishable by at least 12 months imprisonment;
then, for the purposes of the current application, the conduct is treated as having constituted a foreign indictable offence at all relevant times.

Example: X commits an offence against a law of a foreign country at a time when the conduct is not an offence against Australian law. X then derives literary proceeds in relation to the offence and transfers the proceeds to Australia. After the proceeds are transferred, a new Commonwealth offence is created that applies to the type of conduct concerned. An application is then made for a literary proceeds order. For the purposes of the proceedings for that order, the original conduct is treated as having constituted a foreign indictable offence at all relevant times and accordingly an order can be made in respect of those proceeds.

 (2) The testing time for the current application is:
 (a) if the current application is an application for a *restraining order—the time when the current application was made; or
 (b) if the current application is an application for a *confiscation order (other than a *literary proceeds order) in relation to a restraining order—the time when the application for the restraining order was made; or
 (c) if:
 (i) the current application is an application for a literary proceeds order; and
 (ii) an earlier restraining order has been made in respect of the same offence;
  the time when the application was made for that earlier restraining order; or
 (d) if the current application is an application for a literary proceeds order but paragraph (c) does not apply—the time when the current application was made.

 (3) In this section:

offence against a law of a foreign country includes an offence triable by a military commission of the United States of America established under a Military Order of 13 November 2001 made by the President of the United States of America and entitled "Detention, Treatment, and Trial of Certain Non‑Citizens in the War Against Terrorism".