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

in relation to the charging, or proposed charging, of a person with 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 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

a body corporate:

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

in which the Commonwealth or a body corporate mentioned in paragraph (a) has the controlling interest; or

a body corporate, whether incorporated before, on or after the commencing day:

that is a subsidiary of another body corporate mentioned in paragraph (a) or (b); and

in which that other body corporate has the controlling interest; or

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

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 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: whose commission involved an abuse by the person of his or her office as such an employee; or that, having regard to the powers and duties of such an employee, was committed for a purpose that involved corruption; or that was committed for the purpose of perverting, or attempting to pervert, the course of justice.

whose commission involved an abuse by the person of his or her office as such an employee; or

that, having regard to the powers and duties of such an employee, was committed for a purpose that involved corruption; or

that was committed for the purpose of perverting, or attempting to pervert, the course of justice.

CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.

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:

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

any other amount paid or transferred into a fund under the person’s superannuation scheme, being an amount:

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

payable to the person as an additional lump sum benefit on his or her resignation or retirement.

encumbrance includes any interest, mortgage, charge, right, claim or demand in respect of the property.

extend includes further extend.

Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.

fund includes the Consolidated Revenue Fund.

interest, in relation to property, means:

a legal or equitable estate or interest in the property; or

a right, power or privilege in connection with the property;

whether present or future and whether vested or contingent.

member includes a person who is eligible for a benefit (including a deferred benefit) under the scheme.

offence means:

a common law offence; or

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:

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

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

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:

an AFP member; or

a member of the police force of a State or Territory.

property means real or personal property of every description, whether situated in 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 means the period starting on the day when the order was made and ending: 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 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 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.

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

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

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 sentence that is wholly suspended; or

(b) a sentence passed, or an order made, under subsection 20AB(1) of the Crimes Act 1914.

State includes the , the and .

Superannuation Act means:

(a) the Superannuation Act 1976; or

(b) the Superannuation Act 1990.

superannuation authority means:

(a) in relation to the superannuation scheme established by the Superannuation Act 1976 or by deed under the Superannuation Act 1990—CSC; or

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 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 or the , and, except in section 14, does not include .

the person is convicted of the offence, whether summarily or on indictment; or

the person absconds in connection with the offence.

where paragraph (1)(a) applies—the person was convicted of the offence in a court in that State or Territory; or

where paragraph (1)(b) applies—the information relating to the offence was laid in that State or Territory.

where paragraph (1)(a) applies—if the conviction is quashed or set aside; or

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.

a member of the Parliament; or

a justice or judge of a federal court; or

a member of the Defence Force; or

a person (other than a person mentioned in subsection (3)) who is the holder of:

an office established by a law of the Commonwealth; or

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.

the person constitutes, or is a member of, the authority; or

where the authority is a body corporate—the person is a director of the body corporate.

any property of the person that has been transferred by way of gift to another person within 2 years immediately before the day on which the restraining order is made or the day on which the person is charged with the relevant offence, whichever is the first to happen; or

where property of the person has been transferred to another person within that period for a consideration whose value is less than the commercial value of the property when the transfer was made—an interest in the property equal to the proportion worked out using the formula:

where:

VP (value of the property) is the number of dollars in the commercial value of the property when the transfer was made.

VC (value of consideration) is the number of dollars in the value of the consideration for the transfer when the transfer was made.

whether or not property is subject to the effective control of a person; or

whether or not there are reasonable grounds to believe that property is subject to the effective control of a person;

regard may be had to:

shareholdings in, debentures over or directorships of a company that has an interest (whether direct or indirect) in the property; and

a trust that has a relationship to the property; and

family, domestic and business relationships between persons having an interest in the property, or in companies of the kind mentioned in paragraph (c) or trusts of the kind mentioned in paragraph (d), and other persons.

(a) relationships between de facto partners (within the meaning of the Acts Interpretation Act 1901);

(b) relationships of child and parent that arise if someone is the child of a person because of the definition of child in this section;

relationships traced through relationships mentioned in paragraphs (a) and (b).

a person who is or was (whether before, on or after the commencing day) an employee is charged with an offence; and

the relevant police authority thinks that the offence is, or may be, a corruption offence;

the police authority in relation to the offence may notify the Minister in writing of the charge.

the person is acquitted or convicted of the offence; or

the charge is withdrawn or otherwise disposed of without the conviction of the person.

the DPP is authorised to apply for a superannuation order in respect of a person who is convicted of 1 or more offences; and

the person is sentenced to imprisonment for life in respect of the offence, or any of the offences; or:

if there is only 1 offence—to imprisonment for a term longer than 12 months; or

if there are 2 or more offences—to imprisonment for a single term longer than 12 months, or to cumulative terms that together add up to longer than 12 months, in respect of all or any of them;

the DPP must make that application to the appropriate court.

stating that employer contributions or benefits made or payable by the Commonwealth or a specified Commonwealth authority in respect of the person are held in a specified fund under the relevant superannuation scheme; and

stating the amount that equals the sum of those contributions or benefits as at the specified day plus the amount of interest on those contributions or benefits accrued under the scheme before that day;

is prima facie evidence of the matters stated in the certificate.

stating that benefits have been paid to the person under the relevant superannuation scheme; and

stating the amount that equals the sum of the benefits so paid as at the specified day; and

stating another amount that equals the part of the amount referred to in paragraph (b) that is attributable to the sum of the employee contributions paid under the scheme by the person as at the specified day plus the amount of interest on those contributions accrued under the scheme before that day;

is prima facie evidence of the matters stated in the certificate.

that the person was convicted of a corruption offence; and

that this Part applies in relation to the rights of, and benefits paid or payable to or in respect of, the person under any superannuation scheme.

the person has been committed for trial for the offence; or

the court is satisfied, having regard to all the evidence before it, that a reasonable jury, properly instructed, could lawfully find the person guilty of the offence.

employer contributions or benefits made or payable by the Commonwealth or a Commonwealth authority in respect of the person under any superannuation scheme for any period of employment (not just a period during which the offence was committed) have been paid into, and are held in, a fund under the scheme; and

the person would, but for subsection 21(1), become entitled, subject to and in accordance with the scheme, to the benefit, or to a benefit attributable to the employer contributions, as the case may be;

the court must:

work out, and specify in the superannuation order, the amount that it thinks reflects the value of the sum of those contributions or benefits as at the day on which the order is made, plus the interest on those contributions or benefits accrued under the scheme before that day; and

include in the superannuation order an order that the amount so specified be paid to the Commonwealth or Commonwealth authority, whichever the court considers appropriate.

specify in the superannuation order the amount worked out using the formula:

where:

AB (amount of benefits) is the amount that the court thinks reflects the value of the sum of the benefits paid by the Commonwealth or Commonwealth authority to the person under the scheme for any period of employment (not just a period during which the offence was committed) as at the day on which the order is made.

EC (employee contributions) is the amount that the court thinks is equal to the part of AB that is attributable to the sum of the employee contributions paid under the scheme by the person as at that day plus the interest on those contributions accrued under the scheme before that day; and

include in the superannuation order an order that the person pay the amount so specified to the Commonwealth or Commonwealth authority, whichever the court considers appropriate.

the end of the period (if any) allowed for appealing against the conviction or sentence under the relevant Commonwealth, State or Territory law; or

if the person appeals against his or her conviction or sentence, or both—the appeal, and any proceedings resulting from it, are finally determined, withdrawn or otherwise disposed of.

all rights of, and benefits payable to or in respect of, the person or a dependant of the person (being rights or benefits arising out of the person’s membership of any superannuation scheme) cease, or cease to be payable, on the day on which the order takes effect, and the person ceases to be a member of the scheme on that day; and

any amount of the kind mentioned in subsection 19(3) that is vested in the person ceases to be so vested on that day; and

the Commonwealth or a Commonwealth authority is not liable to pay any employer contribution or benefit under the scheme in respect of the person on or after that day.

was an employee when the relevant corruption offence was committed but ceases to be an employee before the superannuation order takes effect; and

would, but for that subsection, have been entitled to payment of benefits under the relevant superannuation scheme on or after the day on which the superannuation order takes effect;

the person is entitled, on the day on which he or she ceases to be a member of the scheme, to payment of an amount worked out using the formula:

where:

AC (amount of contributions) is an amount equal to the sum of the employee contributions paid under the scheme by the person plus the amount of interest on those contributions accrued under the scheme.

AR (amount received) is an amount equal to that part of the sum of all amounts paid by way of benefit before the day on which the superannuation order takes effect that is attributable to AC.

specifies an amount under subsection 19(3) or (4); and

takes effect on a day that is later than the day on which the order is made;

the DPP may, as soon as practicable after the order takes effect, apply to the court that made the order to vary the order by substituting for the specified amount an increased amount, having regard to any amount of employer contributions or benefits paid by the Commonwealth or a Commonwealth authority in respect of the person during the prescribed period.

the person’s conviction is quashed; or

the person’s sentence is so reduced or otherwise changed that it would no longer support the making of an application for a superannuation order under subsection 17(1A); or

where the person is taken to be convicted because of paragraph 6(1)(b)—the person is brought before a court in respect of the offence concerned and, having been convicted of that offence, does not receive a sentence that would support the making of an application for a superannuation order under subsection 17(1A).

the person in respect of whom the order was made; and

the person’s superannuation authority.

a superannuation order is made in relation to a person who is taken to be convicted because of paragraph 6(1)(b); and

the superannuation order is to be taken to have been revoked;

there is payable to the person an amount determined by the Finance Minister, being an amount that the Minister considers to be a fair recompense to the person, having regard to:

any amount paid to the person under subsection 21(4) or (5); and

any amount recovered from the person under a recovery order against the person; and

any other financial loss sustained by the person as a result of the superannuation order; and

any other matters that the Minister thinks are relevant in the circumstances of the case.

has been convicted of an offence; or

has been, or is about to be, charged with an offence;

the DPP may apply to the appropriate court for a restraining order against specified property of the defendant or of another person, or both.

the offence concerned is, or may be, a corruption offence; and

if the defendant has been sentenced in respect of the offence—the sentence would support the making of an application for a superannuation order under subsection 17(1A); and

the defendant is, or has been, a member of a superannuation scheme;

the court may, by order, direct that the property, or such part of the property as is specified in the order, is not to be disposed of, or otherwise dealt with, by any person except in the manner and circumstances (if any) specified in the order.

the person’s reasonable living expenses (including the reasonable living expenses of any dependants of the person) and reasonable business expenses;

the person’s taxed legal expenses in defending a criminal charge;

a specified debt incurred by the person in good faith (being a debt to which neither paragraph (a) or (b) applies).

the application for the order is supported by an affidavit of a police officer stating that the officer believes the defendant committed the offence; and

the court is satisfied, having regard to the matters contained in the affidavit, that there are reasonable grounds for so believing.

the application is supported by an affidavit of a police officer stating that the officer believes that the property is subject to the effective control of the defendant; and

the court is satisfied, having regard to the matters contained in the affidavit, that there are reasonable grounds for so believing.

a restraining order; or

an extension of the period of effect of a restraining order;

direct the DPP to give or publish notice of the application to a specified person or class of persons in the manner and within the time the court thinks appropriate.

the owner of the property; and

any other person the DPP has reason to believe may have an interest in the property.

the owner of the property against which the restraining order was made; and

any other person who the DPP has reason to believe may have an interest in the property.

the DPP applies for a restraining order against property; and

notice of the application is given under subsection 28(1);

any person who claims an interest in the property may appear and adduce evidence at the hearing of the application.

a court makes a restraining order; and

the court is satisfied that it would be in the public interest to delay giving notice of the order to a person;

the court may include in the restraining order an order that giving the person notice of the restraining order be delayed for the specified period and the DPP must give the person notice of the restraining order as soon as practicable after the end of the specified period.

an order varying the property to which the restraining order relates; and

an order varying any condition to which the restraining order is subject; and

an order for the examination on oath before the court or the Registrar of the court of any person, including:

(i) the owner of property subject to the restraining order (in this paragraph called the owner); or

the defendant;

about the affairs (including the nature and location of any property) of:

anyone else who is either the owner or the defendant, or both; and

if the person to be examined is either the owner or the defendant, or both—that person; and

an order about carrying out any undertaking with respect to the payment of damages or costs given by the Commonwealth in connection with the making of the restraining order.

the DPP; or

the owner of property subject to the restraining order; or

with the leave of the court—any other person.

a defendant has been convicted of, or has been charged or is about to be charged with, an offence; and

an appropriate court makes a restraining order against property in reliance on the conviction, charging or proposed charging; and

a person, other than the defendant, who has an interest in the property applies to the court for a variation of the order to exclude the person’s interest from the order;

the court must grant the application if satisfied that the applicant’s interest in the property is not subject to the effective control of the defendant.

a recovery order is made against a defendant; and

a restraining order is, or has been, made against:

property of the defendant; or

property of another person in relation to which an order is, or has been, made under subsection 40(1);

in reliance on the defendant’s conviction of a particular offence or a related corruption offence or on the charging, or proposed charging, of the defendant with a particular offence or a related corruption offence;

then, upon the making of the later of the orders, there is created, by force of this section, a charge on the property to secure the payment of the amount specified in the recovery order to the Commonwealth or the relevant Commonwealth authority, as the case requires.

if the relevant recovery order ceases to have effect; or

upon payment to the Commonwealth, or the relevant Commonwealth authority, of the amount specified in the order; or

upon the person becoming a bankrupt; or

upon the sale or other disposition of the property by the owner of the property with the consent of the court that made the recovery order; or

upon the sale of the property to a purchaser in good faith for sufficient consideration who, at the time of the purchase, has no notice of the charge;

whichever first occurs.

is subject to every encumbrance on the property that came into existence before the charge and that would, but for this subsection, have priority over the charge; and

has priority over all other encumbrances; and

subject to subsection (2), is not affected by any change of ownership of the property.

a charge is created on property of a particular kind; and

the provisions of any law of the Commonwealth or of a State or Territory provide for the registration of title to, or charges over, property of that kind;

the DPP may cause the charge to be registered under the provisions of that law and, if the charge is so registered, a person who purchases, or otherwise acquires an interest in, the property after the registration is to be taken, for the purposes of paragraph (2)(e), to have notice of the charge at the time of the purchase or acquisition.

a restraining order applies to property of a particular kind; and

the provisions of any law of the Commonwealth or of a State or Territory provide for the registration of title to, or charges over, property of that kind;

the authority responsible for administering those provisions may, on application by the DPP, record on the register kept under those provisions particulars of the restraining order.

a restraining order is made against property; and

the property is disposed of, or otherwise dealt with, in contravention of the restraining order; and

the disposition or dealing was either not for sufficient consideration or not in favour of a person who acted in good faith;

the DPP may apply to the court that made the restraining order for an order that the disposition or dealing be set aside.

setting the disposition or dealing aside as from the day on which it took place; or

setting the disposition or dealing aside as from the day of the order under this subsection and declaring the respective rights of any persons who acquired interests in the property on or after the day on which the disposition or dealing took place and before the day of the order under this subsection.

the defendant is acquitted of the offence, or the charge is withdrawn or otherwise disposed of without conviction and the defendant has not been charged with a related corruption offence before the acquittal, withdrawal or disposal;

the defendant is convicted of the offence, but does not receive a sentence that would support the making of an application for a superannuation order under subsection 17(1A);

the Minister refuses to authorise the DPP to apply for a superannuation order in respect of the defendant;

the appropriate court refuses to make a recovery order against the defendant;

such an order is made in respect of the defendant but is later satisfied or is taken to have been revoked;

where the restraining order was made in reliance on the proposed charging of the person with an offence—the defendant is not charged with the offence or a related corruption offence before the end of the period of 48 hours after the order is made.

that a recovery order has been, or may still be, made against the person; and

where the property concerned is the property of another person—an order under subsection 40(1) has been, or may still be, made;

the court may:

by order, extend the period of effect of the restraining order; and

make such other order or orders as it thinks appropriate in relation to the operation of the restraining order.

the recovery order may be enforced against the property as if the property were property of the person against whom the order is made; and

a restraining order may be made in respect of the property as if the property were property of the person against whom the restraining order is made.

the DPP must give written notice of the application to the person and to any other person who the DPP has reason to believe may have an interest in the property; and

the person and any person who claims an interest in the property may appear and adduce evidence at the hearing of the application.

for the payment of the amount out of the Consolidated Revenue Fund; or

where it is not appropriate to make such a payment—for any other appropriate action to be taken;

and the order is to be taken to have been satisfied by the taking of any action that gives effect to the arrangements.

if the relevant superannuation scheme is established by an Act—by the Commonwealth; and

in any other case—by the relevant superannuation authority out of the fund established under the relevant superannuation scheme.

(b) The Crimes (Superannuation Benefits) Act 1989 was amended by the Schedule (Parts 1 and 5) of the Qantas Sale Act 1992, subsections 2(2), (3)(a) and (c) of which provide as follows:

in the case of sections 30, 31, 35, 37, 39, 43 and 50 and Parts 1 and 2 of the Schedule—the day is not earlier than the substantial minority sale day; and

in the case of sections 25, 36, 38, 44 and 51 and Parts 5, 6 and 7 of the Schedule—the day is not earlier than the 100% sale day.

(c) The Qantas Sale Act 1992 was amended by section 3 (item 17) only of the Qantas Sale Amendment Act 1994, subsection 2(1) of which provides as follows:

(d) The Crimes (Superannuation Benefits) Act 1989 was amended by section 31 only of the Crimes and Other Legislation Amendment Act 1994, subsection 2(4) of which provides as follows:

(e) The Crimes (Superannuation Benefits) Act 1989 was amended by Schedule 1 (items 10–16) only of the Crimes and Other Legislation Amendment Act 1997, subsection 2(1) of which provides as follows: