Document ID: chunk:federal_register_of_legislation:C2023C00156:section:41:p2
Version: federal_register_of_legislation:C2023C00156
Segment Type: section
Provision Reference: s 41 (pt 2/3)
Character Range: 196189–198888

at the time when it was committed, being an offence:
 (a) whose commission involved an abuse by the person of his or her office as such a person;
 (b) that, having regard to the powers and duties of such a person, as the case may be, was committed for a purpose that involved corruption; or
 (c) that was committed for the purpose of perverting, or attempting to pervert, the course of justice.
defendant, in Division 3A, has the meaning given in section 49A.
DPP means the Director of Public Prosecutions.
employee contributions, in relation to a person, includes:
 (a) any amount paid or transferred into a fund, being an amount that is, under the person's superannuation scheme, to be taken to be employee contributions; and
 (b) any other amount paid or transferred into a fund under the person's superannuation scheme, being an amount:
 (i) attributable to employer contributions paid by the person's previous employer under another superannuation scheme (not being a superannuation scheme within the meaning of this Act) applicable to the person's previous employment by that employer; and
 (ii) payable to the person as an additional lump sum benefit on his or her resignation or retirement.
encumbrance, in relation to property, includes any interest, mortgage, charge, right, claim or demand in respect of the property.
fund includes the Consolidated Revenue Fund.
interest, in relation to property, means:
 (a) a legal or equitable estate or interest in the property; or
 (b) a right, power or privilege in connection with the property;
whether present or future and whether vested or contingent.
member, in relation to a superannuation scheme, includes a person who is eligible for a benefit (including a deferred benefit) under the scheme.
offence means:
 (a) a common law offence; or
 (b) an offence against a law of the Commonwealth or of a State or Territory, being an offence punishable by imprisonment for life or for a term longer than 12 months.
old law member or staff member has the meaning given by section 41A.
property means real or personal property of every description, whether situated in Australia or anywhere else and whether tangible or intangible, and includes an interest in any such real or personal property.
recovery order means a superannuation order containing an order of the kind mentioned in subsection 46(4) or (4A).
relevant period, in relation to a restraining order, means the period starting on the day when the order was made and ending:
 (a) if an order or orders have been made under section 49Q—at the time, or on the occurrence of the event, specified in the order, or the last of the orders, so made; or
 (b) if paragraph (a) does not apply but an