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Crimes (Superannuation Benefits) Act 1989

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CRIMES (SUPERANNUATION BENEFITS) ACT 1989 No. 145, 1989
CRIMES (SUPERANNUATION BENEFITS) ACT 1989 No. 145 of 1989 - TABLE OF PROVISIONS
TABLE OF PROVISIONS PART 1-INTRODUCTORYSection 1. Short title 2. Definitions 3. Related offences 4. Abscond 5. Charge with offence 6. Conviction and quashing of conviction 7. Employee 8. Property of a person 9. Dealing with property 10. Effective control of property 11. Sufficient consideration 12. Application to convictions and offences 13. Act binds the Crown 14. Application and extension of Act PART 2-SUPERANNUATION ORDERS 15. Notice of charge etc. 16. Authority to apply for superannuation order 17. Application for superannuation order 18. Applicatiion for superannuation order: evidence 19. Superannuation orders: making 20. When does a superannuation order take effect? 21. Effect of superannuation orders 22. Superannuation orders: variation 23. Superannuation orders: revocation PART 3-RESTRAINING ORDERS 24. Application for restraining order 25. Making of restraining orders 26. Restraining order may be subject to conditions 27. Affidavit of police officer needed in certain cases 28. Notice of application for restraining order 29. Persons who may appear and adduce evidence 30. Witnesses not required to answer questions etc. in certain cases 31. Notice of restraining orders 32. Ancillary orders 33. Charge on property subject to restraining order 34. Registration of restraining orders 35. Contravention of restraining orders 36. Restraining orders: revocation 37. When do restraining orders cease to have effect? 38. Extension of period of effect of restraining orders 39. Notice of applications PART 4-MISCELLANEOUS 40. Court may lift corporate veil etc. 41. Amounts payable under section 19, 21 or 23 42. Multiple payments in respect of same employee contributions not allowed 43. Possible superannuation order not to be taken into account in sentencing 44. Constitution of appropriate courts 45. Regulations CRIMES (SUPERANNUATION BENEFITS) ACT 1989 No. 145 of 1989 - LONG TITLE
An Act relating to certain superannuation benefits paid or payable to or in respect of certain personsconvicted of corruption offences, and for related purposes CRIMES (SUPERANNUATION BENEFITS) ACT 1989 No. 145 of 1989 - PART 1 PART 1-INTRODUCTORY
CRIMES (SUPERANNUATION BENEFITS) ACT 1989 No. 145 of 1989 - SECT 1 Short title
(Assented to 23 November 1989) (Date of commencement 21 December 1989) 1. This Act may be cited as the Crimes (Superannuation Benefits) Act 1989. (Minister's second reading speech made in- House of Representatives on 17 August 1989 Senate on 6 October 1989) CRIMES (SUPERANNUATION BENEFITS) ACT 1989 No. 145 of 1989 - SECT 2 Definitions
2. In this Act, unless the contrary intention appears: "abscond" has the meaning given in section 4; "AFP" means the Australian Federal Police; "appropriate court" means: (a) in relation to a person's conviction of an offence-the court of the State or Territory before which the person was convicted and in addition, where that court is not the Supreme Court of the State or Territory, that Supreme Court; and (b) in relation to the charging, or proposed charging, of a person with
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an offence-the Supreme Court of the State or Territory in which the person has been, or is to be, charged with the offence; "benefit" means any benefit payable under a superannuation scheme, including a lump sum payment and a pension; "commencing day" means the day on which this Act commences; "Commonwealth authority" means: (a) a body corporate incorporated for a public purpose (whether before, on or after the commencing day) by a law of the Commonwealth or of a Territory; or (b) a body corporate: (i) incorporated (whether before, on or after the commencing day) under a law of the Commonwealth or a law in force in a State or Territory; and (ii) in which the Commonwealth or a body corporate mentioned in paragraph (a) has the controlling interest; or (c) a body corporate, whether incorporated before, on or after the commencing day: (i) that is a subsidiary of another body corporate mentioned in paragraph (a) or (b); and (ii) in which that other body corporate has the controlling interest; or (d) an unincorporated authority or body (other than a prescribed authority or body) established for a public purpose (whether before, on or after the commencing day) by or under a law of the Commonwealth, of a Territory, or of the Australian Capital Territory, the Northern Territory or Norfolk Island; or (e) any other incorporated or unincorporated authority or body (however established), other than a prescribed authority or body, that is wholly or substantially financed, either directly or indirectly, by the Commonwealth, whether the authority or body was or is established before, on or after the commencing day; "controlling interest", in relation to a body corporate, means an interest that derives from ownership of at least 50% of the shares in the body corporate that confer voting rights; "convicted" has the meaning given in section 6; "corruption offence" means an offence by a person who was an employee 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 an employee; or (b) that, having regard to the powers and duties of such an employee, 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 Part 3, has the meaning given in section 24; "DPP" means the Director of Public Prosecutions; "employee" has the meaning given in section 7; "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; "extend", in relation to the period of effect of a restraining order, includes further extend; "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; "police authority" means:
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(a) in relation to an offence against a law of a State or Territory that has its own police force-the Commissioner or head (however described) of the police force of the State or Territory; and (b) in relation to an offence against a law of the Commonwealth, or of a State or Territory other than a State or Territory mentioned in paragraph (a)-the Commissioner of Police of the AFP; and (c) in relation to a common law offence-the Commissioner or head (however described) of the police force of the State or Territory in which the offence was committed or, where the offence was committed in a Territory that does not have its own police force, the Commissioner of Police of the AFP; "police officer" means: (a) an AFP member; or (b) a member of the police force of a State or Territory; "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 19 (4); "related offence" has the meaning given in section 3; "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 38-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 order or orders have been made under paragraph 32 (1) (a) or (b) in relation to the restraining order-at the end of 6 months after the day when the order, or the last of the orders, was so made, or such longer period (if any) as is specified in the order, or the last of the orders; or (c) in any other case-at the end of 6 months after the day on which the restraining order was made, or such longer period (if any) as is specified in the order; "restraining order" means an order under section 25; "sentence" does not include a suspended sentence; "State" includes the Australian Capital Territory, the Northern Territory and Norfolk Island; "Superannuation Act" means the Superannuation Act 1976; "superannuation authority" means: (a) in relation to the superannuation scheme established by the Superannuation Act-the Commissioner for Superannuation; or (b) in any other case-the person (however described) responsible for the administration of the relevant superannuation scheme; "superannuation order" means an order under section 19, and includes such an order as varied under section 22; "superannuation scheme", in relation to a person, means a superannuation scheme (other than a scheme established under a law of a State) under which employer contributions or benefits are paid or payable, or have at any time been paid, by the Commonwealth or a Commonwealth authority to or in respect of the person, and includes any scheme or arrangement under which such contributions are vested in the person; "Territory" does not include the Australian Capital Territory or the Northern Territory, and, except in section 14, does not include Norfolk Island. CRIMES (SUPERANNUATION BENEFITS) ACT 1989 No. 145 of 1989 - SECT 3 Related offences
3. For the purposes of this Act, 2 offences are related to each other if the elements of the offences are substantially the same acts or omissions. CRIMES (SUPERANNUATION BENEFITS) ACT 1989 No. 145 of 1989 - SECT 4 Abscond
4. For the purposes of this Act, other than subsection 19 (2), a person is to be taken to abscond in connection with an offence if and only if: (a) the person is charged with the offence; and (b) a warrant for the arrest of the person is issued in relation to that information; and (c) one of the following happens: (i) at the end of the period of 6 months starting on the day on which the warrant is issued: (A) the person cannot be found; or (B) the person is, for any other reason, not amenable to justice and, if the person is outside Australia, extradition proceedings are not on foot; (ii) at the end of the period of 6 months starting on the day on which the warrant is issued: (A) the person is not amenable to justice because he or she is outside
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Australia; and (B) extradition proceedings are on foot; and those proceedings later end without an order for the person's extradition. CRIMES (SUPERANNUATION BENEFITS) ACT 1989 No. 145 of 1989 - SECT 5 Charge with offence
5. A reference in this Act to a person being charged with an offence is a reference to an information being laid against the person for the offence, whether or not: (a) a summons has been issued requiring the attendance of the person to answer the information; or (b) a warrant for the arrest of the person has been issued. CRIMES (SUPERANNUATION BENEFITS) ACT 1989 No. 145 of 1989 - SECT 6 Conviction and quashing of conviction
6. (1) For the purposes of this Act, a person is to be taken to be convicted of an offence if: (a) the person is convicted of the offence, whether summarily or on indictment; or (b) the person absconds in connection with the offence. (2) For the purposes of this Act, a person is to be taken to have been convicted of an offence in a particular State or Territory if: (a) where paragraph (1) (a) applies-the person was convicted of the offence in a court in that State or Territory; or (b) where paragraph (1) (b) applies-the information relating to the offence was laid in that State or Territory. (3) For the purposes of this Act, where a person is to be taken to have been convicted of an offence in a particular State or Territory because of paragraph (2) (b), the person is to be taken to have been so convicted before the Supreme Court of that State or Territory. (4) For the purposes of this Act, a person's conviction of an offence is to be taken to be quashed: (a) where paragraph (1) (a) applies-if the conviction is quashed or set aside; or (b) where paragraph (1) (b) applies-if, after the person is brought before a court in respect of the offence, the person is discharged in respect of the offence or a conviction of the person for the offence is quashed or set aside. (5) A reference in this Act, in relation to a person's conviction of an offence, to the commission of the offence is, where paragraph (1) (b) applies, a reference to the alleged commission of the offence by the person. CRIMES (SUPERANNUATION BENEFITS) ACT 1989 No. 145 of 1989 - SECT 7 Employee
7. (1) In this Act, "employee" means a person (other than a member of the AFP) employed by the Commonwealth or by a Commonwealth authority, whether the person is so employed under a law of the Commonwealth or of a State or Territory, or under a contract of service or apprenticeship. (2) Without limiting subsection (1): (a) a member of the Parliament; or (b) a justice or judge of a federal court; or (c) a member of the Defence Force; or (d) a person (other than a person mentioned in subsection (3)) who is the holder of: (i) an office established by a law of the Commonwealth; or (ii) a prescribed office established by a law of a Territory; is to be taken, for the purposes of this Act, to be employed by the Commonwealth. (3) Without limiting subsection (1), a person is to be taken, for the purposes of this Act, to be employed by a Commonwealth authority if: (a) the person constitutes, or is a member of, the authority; or (b) where the authority is a body corporate-the person is a director of the body corporate. CRIMES (SUPERANNUATION BENEFITS) ACT 1989 No. 145 of 1989 - SECT 8