Territory to notify CJC
130G Territory to notify CJC
The Territory must notify the CJC when:
a relevant application is made and the amount involved exceeds the NCS threshold; or
a court makes a relevant order and the amount involved exceeds the NCS threshold; or
shareable proceeds are received by the Territory in relation to a relevant application mentioned in paragraph (a) or a relevant order mentioned in paragraph (b), whether or not the realised shareable proceeds exceed the NCS threshold.
The notice must:
be in writing; and
be given within 60 days after the application or order is made or shareable proceeds are received; and
provide sufficient information to allow participating jurisdictions to identify whether they may have contributed to the application or order.
Examples for subsection (2)(c)
The name of the person against whom a proceeding was brought, the name of the person from whom money was recovered, the name of the police operation, the amount of money recovered, any known contribution by a participating jurisdiction.
Despite subsection (1), the Territory need not notify the CJC in the following circumstances:
the Commissioner of Police determines that the matter is not, and will not become, a cross-jurisdictional matter;
the Commissioner of Police is satisfied that the matter will not give rise to operational inconsistencies with another jurisdiction.
In addition, the Territory must notify the CJC within 30 days after any of the following happens:
a CJC subcommittee decides that a non-cooperating State made a contribution in relation to a matter and what (if any) proportion of realised shareable proceeds is to be paid to that jurisdiction;
a CJC subcommittee decides to alter the presumption of equal shares and, if so, what (if any) proportion of realised shareable proceeds is to be paid to each jurisdiction involved;
the shareable proceeds are realised in their entirety, or a maximum amount from a final order, negotiated settlement or other forfeiture has been realised;
the Territory:
receives payment of funds as shareable proceeds from a forfeiting jurisdiction; or
makes payment of shareable proceeds to a contributing jurisdiction.
This Act’s bill:Second reading speech
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