Document ID: chunk:federal_register_of_legislation:C2012A00204:clause:1_66c
Version: federal_register_of_legislation:C2012A00204
Segment Type: clause
Provision Reference: sch 1 cl 66C
Character Range: 17271–19942

66C  Units issued as a result of fraudulent conduct—court may order relinquishment

Scope
 (1) This section applies if:
 (a) one or more Australian‑issued international units were issued:
 (i) to a person; or
 (ii) at the direction or request of a person;
  on a particular occasion; and
 (b) the person has been convicted of:
 (i) an offence against section 134.1, 134.2, 135.1, 135.2, 135.4, 136.1, 137.1 or 137.2 of the Criminal Code; or
 (ii) an offence against a law of, or of a part of, a foreign country that corresponds to an offence covered by subparagraph (i); and
 (c) an appropriate court is satisfied that the issue of any or all of the units was directly or indirectly attributable to the commission of the offence.
Note: For appropriate court, see subsection (8).

Relinquishment
 (2) The court may, on application made by the Director of Public Prosecutions or the Regulator, order the person:
 (a) to relinquish a specified number of Australian‑issued international units not exceeding the number of Australian‑issued international units issued as mentioned in paragraph (1)(a); and
 (b) to do so by a specified time.

Compliance
 (3) The person must comply with an order under subsection (2).
Note: An administrative penalty is payable under section 66F for non‑compliance with a relinquishment requirement.
 (4) The person does not comply with an order under subsection (2) unless the notice of relinquishment specifies the order.
 (5) To avoid doubt, the person is required to comply with an order under subsection (2) even if:
 (a) the person is not the registered holder of any Australian‑issued international units; or
 (b) the person is not the registered holder of the number of Australian‑issued international units required to be relinquished.

Conviction
 (6) It is immaterial whether the conviction occurred before, at or after the commencement of this section.

Copy of order
 (7) A copy of an order under subsection (2) is to be given to the Regulator.

Appropriate court
 (8) For the purposes of this section, each of the following courts is an appropriate court:
 (a) if the offence is covered by subparagraph (1)(b)(i)—the court that convicted the person of the offence;
 (b) in any case—the Federal Court;
 (c) in any case—the Supreme Court of a State or Territory.

Spent convictions
 (9) Nothing in this section affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).

Division 3—How Australian‑issued international units are relinquished