Commonwealth Consolidated Acts

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PROCEEDS OF CRIME ACT 1987 - SECT 6

Meaning of absconding

    For the purposes of this Act (except section   17), a person shall be taken to abscond in connection with an offence if and only if:

  (a)   an information is laid alleging the commission of the offence by the person;

  (b)   a warrant for the arrest of the person is issued in relation to that information; and

  (c)   one of the following occurs:

  (i)   the person dies without the warrant being executed;

  (ii)   at the end of the period of 6 months commencing 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;

  (iii)   at the end of the period of 6 months commencing on the day on which the warrant is issued:

  (A)   the person is, by reason of being outside Australia, not amenable to justice; and

  (B)   extradition proceedings are on foot;

    and subsequently those proceedings terminate without an order for the person's extradition being made.


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