Commonwealth Consolidated Acts

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AUSTRALIAN CRIME COMMISSION ACT 2002 - SECT 4C

Resolved

             (1)  A charge for an offence is resolved in relation to a person at the later of the following times:

                     (a)  when:

                              (i)  the charge is withdrawn; or

                             (ii)  the charge is dismissed; or

                            (iii)  the person is not committed on the charge following a committal hearing; or

                            (iv)  the person is acquitted of the offence; or

                             (v)  the person is sentenced for the offence; or

                            (vi)  the person is dealt with by being the subject of an order made as a consequence of a finding of guilt; or

                           (vii)  the charge is otherwise finally dealt with;

                     (b)  if an appeal relating to the charge is not lodged within the period for lodging such an appeal--when that period ends;

                     (c)  if an appeal relating to the charge is lodged--when the appeal lapses or is finally determined.

Despite paragraph (b), if an appeal relating to the charge is lodged after that period ends, the charge ceases to be resolved until that appeal lapses or is finally determined.

             (2)  A confiscation proceeding is resolved in relation to a person at the later of the following times:

                     (a)  when the proceeding is discontinued;

                     (b)  if an appeal relating to the proceeding is not lodged within the period for lodging such an appeal--when that period ends;

                     (c)  if an appeal relating to the proceeding is lodged--when the appeal lapses or is finally determined.

Despite paragraph (b), if an appeal relating to the proceeding is lodged after that period ends, the proceeding ceases to be resolved until that appeal lapses or is finally determined.



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