Document ID: chunk:federal_register_of_legislation:C2021C00313:section:159
Version: federal_register_of_legislation:C2021C00313
Segment Type: section
Provision Reference: s 159
Character Range: 191628–193080

159  Forfeiture may be treated as pecuniary penalty order
 (1) This section applies if the Attorney‑General is unable to give effect to a forfeiture order.
 (2) The Attorney‑General must take measures to recover:
 (a) the value specified by the International Criminal Court to be the value of the property ordered by that Court to be forfeited; or
 (b) if the International Criminal Court has not specified the value of the property ordered by that Court to be forfeited—the value that, in the Attorney‑General's opinion, is the value of that property.
 (3) The forfeiture order is taken, for the purposes of the Proceeds of Crime Act, to be a pecuniary penalty order for an amount equal to the value referred to in subsection (2) and may be enforced as if it were a pecuniary penalty order made by the court in which the forfeiture order was registered.
 (4) Division 4 of Part 2‑4 of the Proceeds of Crime Act applies to the enforcement of the forfeiture order as a pecuniary penalty order as if:
 (a) references in that Division to indictable offences or serious offences were references to crimes within the jurisdiction of the ICC; and
 (b) the reference in paragraph 142(2)(a) of that Act to the order being discharged under Division 5 were a reference to the conviction being quashed by the ICC; and
 (c) subsections 140(3) and (5) of that Act were omitted.

Part 12—Enforcement in Australia of sentences imposed by ICC

Division 1—Preliminary