Commonwealth Consolidated Acts

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PROCEEDS OF CRIME ACT 1987 - SECT 96A

Organised fraud orders

Convictions of public fraud offences

             (1)   If:

                     (a)   a person has, at the same sitting, been convicted by a court of 3 or more public fraud offences; and

                     (b)   the DPP applies to the court for an order under this subsection in relation to each of those offences; and

                     (c)   the court is satisfied that the person has derived substantial benefit from the commission of any or all of those offences;

the court must, by order, declare each of those offences to be a serious offence.

             (2)   A declaration under subsection (1) only has effect in relation to the convictions concerned.

Charges and proposed charges of public fraud offences

             (3)   If:

                     (a)   a person has been charged with 3 or more public fraud offences; and

                     (b)   the DPP applies to the relevant Supreme Court for an order under this subsection in relation to each of those offences; and

                     (c)   the application for the order is supported by an affidavit of a police officer stating that the officer believes that the person has derived substantial benefit from the commission of any or all of those offences; and

                     (d)   the court is satisfied, having regard to the matters contained in the affidavit, that there are reasonable grounds for holding that belief;

the court must, by order, declare each of those offences to be a serious offence.

             (4)   A declaration under subsection (3) only has effect in relation to the charges concerned.

             (5)   If:

                     (a)   a person is about to be charged with 3 or more public fraud offences; and

                     (b)   the DPP applies to the relevant Supreme Court for an order under this subsection in relation to each of those offences; and

                     (c)   the application for the order is supported by an affidavit of a police officer stating that the officer believes that the person has derived substantial benefit from the commission of any or all of those offences; and

                     (d)   the court is satisfied, having regard to the matters contained in the affidavit, that there are reasonable grounds for holding that belief;

the court must, by order, declare each of those offences to be a serious offence.

             (6)   A declaration under subsection (5) only has effect in relation to the proposed charges concerned.

             (7)   If:

                     (a)   a restraining order is granted in reliance on the charging, or proposed charging, of a person with an ordinary indictable offence; and

                     (b)   the person is subsequently convicted of the offence; and

                     (c)   a court makes an order under subsection (1) in relation to the offence;

this Act has effect as if the restraining order had been granted in reliance on the charging, or proposed charging, of the person with a serious offence.


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