Commonwealth Consolidated Acts

INTERNATIONAL CRIMINAL COURT ACT 2002 - SECT 159

             (1)  This section applies if the Attorney-General is unable to give effect to a forfeiture order.

             (2)  The Attorney-General must take measures to recover:

                     (a)  the value specified by the International Criminal Court to be the value of the property ordered by that Court to be forfeited; or

                     (b)  if the International Criminal Court has not specified the value of the property ordered by that Court to be forfeited--the value that, in the Attorney-General's opinion, is the value of that property.

             (3)  The forfeiture order is taken, for the purposes of the Proceeds of Crime Act, to be a pecuniary penalty order for an amount equal to the value referred to in subsection (2) and may be enforced as if it were a pecuniary penalty order made by the court in which the forfeiture order was registered.

             (4)  Division 4 of Part 2-4 of the Proceeds of Crime Act applies to the enforcement of the forfeiture order as a pecuniary penalty order as if:

                     (a)  references in that Division to indictable offences or serious offences were references to crimes within the jurisdiction of the ICC; and

                     (b)  the reference in paragraph 142(2)(a) of that Act to the order being discharged under Division 5 were a reference to the conviction being quashed by the ICC; and

                     (c)  subsections 140(3) and (5) of that Act were omitted.