Document ID: chunk:federal_register_of_legislation:C2018A00126:clause:5_297c:p2
Version: federal_register_of_legislation:C2018A00126
Segment Type: clause
Provision Reference: sch 5 cl 297C (pt 2/3)
Character Range: 80872–83530

to in subsection (6) to apply; and
 (b) it is appropriate that a specified proportion, of any part of the net amount that remains after any application of subsection (5), be payable to each of those States or Territories;
then:
 (c) the sharing arrangements referred to in subsection (6) do not apply; and
 (d) the specified proportion for each of those States or Territories, of any part of the net amount that remains after any application of subsection (5), is payable to the State or Territory under the *national cooperative scheme on unexplained wealth.

Making of decisions
 (8) Decisions may be made under this section in relation to an amount before the amount becomes *proceeds of confiscated assets or the net amount.
Note: For example, if an unexplained wealth order is made that requires a person to pay to the Commonwealth an amount, the Cooperating Jurisdiction Committee may establish a subcommittee, and the subcommittee may make decisions under this section about the sharing of that amount, before the amount becomes proceeds of confiscated assets (which it will become when it is paid to the Commonwealth) or the net amount.

Decision‑making period
 (9) For the purposes of subsections (4), (5) and (7), the decision‑making period is:
 (a) the period specified in the *NCSUW agreement as being the decision‑making period for the purposes of the *national cooperative scheme on unexplained wealth; or
 (b) if paragraph (a) does not apply—the period prescribed by the regulations as being the decision‑making period for the purposes of that scheme.
 (10) The *NCSUW agreement and the regulations may specify that the decision‑making period starts or ends at a time before an amount becomes *proceeds of confiscated assets.
Note: For example, the NCSUW agreement or regulations may provide that, for proceeds of confiscated assets that are an amount that has been paid to the Commonwealth under an unexplained wealth order (see section 179R), the decision‑making period starts when the order is made (which is before the time the amount becomes proceeds of confiscated assets under paragraph 296(3)(fa)).

Payment period
 (11) If an amount is payable to a *participating State, *cooperating State or *self‑governing Territory under this section, then the Minister must cause the amount to be paid to the State or Territory in the period that is:
 (a) the period specified in the *NCSUW agreement as being the payment period for the purposes of the *national cooperative scheme on unexplained wealth; or
 (b) if paragraph (a) does not apply—the period prescribed by the regulations as being the payment period for the purposes of that scheme.