Document ID: chunk:federal_register_of_legislation:C2024C00612:section:4:p7
Version: federal_register_of_legislation:C2024C00612
Segment Type: section
Provision Reference: s 4 (pt 7/10)
Character Range: 23636–26420

or disclosure happens at a time when:
 (i) a related confiscation proceeding has not commenced against the examinee, and such a proceeding is not imminent; or
 (ii) all such proceedings have been resolved; or
 (b) material is pre‑confiscation application examination material if the material becomes examination material at a time when:
 (i) a related confiscation proceeding has not commenced against the examinee, and such a proceeding is not imminent; or
 (ii) all such proceedings have been resolved; or
 (c) an examination is a pre‑confiscation application examination if the examination commences at a time when:
 (i) a related confiscation proceeding has not commenced against the examinee, 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 a State or Territory to prosecute an offence.
prosecutor, of an examinee, 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 examinee for a related offence; or
 (ii) is one of the individuals engaging in such a prosecution of the examinee.
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 examination material, derivative material or an examinee—a confiscation proceeding if the subject matter of the relevant examination 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 examination material, derivative material or an examinee—an offence if the subject matter of the relevant examination 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.
relevant crime means a serious and organised crime or Indigenous violence or child abuse:
 (a) that may have been, may be being, or may in future be, committed; and
 (b) that is an offence against a law of the Commonwealth,