Document ID: chunk:federal_register_of_legislation:C2015A00109:clause:2_1:p3
Version: federal_register_of_legislation:C2015A00109
Segment Type: clause
Provision Reference: sch 2 cl 1 (pt 3/3)
Character Range: 55546–58030

a time when:
 (i) a related confiscation proceeding has not commenced against the witness, and such a proceeding is not imminent; or
 (ii) all such proceedings have been resolved; or
 (c) a hearing is a pre‑confiscation application hearing if the hearing commences at a time when:
 (i) a related confiscation proceeding has not commenced against the witness, 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 of a State or Territory to prosecute an offence.
prosecutor, of a witness, 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 witness for a related offence; or
 (ii) is one of the individuals engaging in such a prosecution of the witness.
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 hearing material, derivative material or a witness—a confiscation proceeding if the subject matter of the relevant hearing 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 hearing material, derivative material or a witness—an offence if the subject matter of the relevant hearing 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 8B.
use, for hearing material or derivative material, includes use of copies, contents or descriptions of that material.
witness, for a hearing under Part 9, hearing material or derivative material, has the meaning given by subsection 8A(3).