Clause 4

in subsection (1), delete “, unless the context otherwise requires”;

in subsection (1), after the definition of “authorised officer”, insert —“ “competent authority”, in relation to a foreign confiscation order, means an authority of a foreign country that is competent under the laws of that foreign country to make the foreign confiscation order;”;

in subsection (1), after the definition of “dealing”, insert —“ “defendant” means a person against whom, or in relation to whose property, a foreign confiscation order is or may be made;”;

in subsection (1), replace the definition of “foreign confiscation order” with —“ “foreign confiscation order” —

means an order made by a court or other competent authority of a foreign country, on or after the appointed date for that country, for the recovery, forfeiture or confiscation of —

any property obtained or received in connection with an offence against the law of that country, or the value of that property; or

any property derived or realised, directly or indirectly, from any property mentioned in sub‑paragraph (i), or the value of the derived or realised property; and

includes an instrumentality forfeiture order;”;

in subsection (1), in the definition of “instrumentality forfeiture order”, after “court”, insert “or other competent authority”;

in subsection (1), in the definition of “instrumentality forfeiture order”, in paragraph (a), after “committed”, insert “or was intended to be committed”;

in subsection (1), in the definition of “instrumentality forfeiture order”, in paragraph (b), after “was used”, insert “or was intended to be used”;

in subsection (1), after the definition of “process”, insert —“ “property” means money or any movable or immovable property, including things in action and other intangible or incorporeal property;”; and

after subsection (4), insert —“(5) For the purposes of this Act, judicial proceedings that are criminal proceedings, or proceedings before a competent authority, instituted in a prescribed foreign country, are concluded on the occurrence of any of the following events:

the discontinuance of the proceedings;

the satisfaction of a foreign confiscation order made in the proceedings, by —

payment of the amount due under the order;

a defendant serving imprisonment in default;

the recovery of all property liable to be recovered; or

any other manner;

if the proceedings involve a defendant —

when the defendant is acquitted and —

there is no right of appeal against the acquittal; or

all rights of appeal against the acquittal have expired or are exhausted;

when the defendant’s conviction is quashed and —

there is no right of appeal against the quashing of the conviction; or

all rights of appeal against the quashing of the conviction have expired or are exhausted;

when a pardon in respect of the defendant has been granted and —

there is no right of appeal against the grant of the pardon; or

all rights of appeal against the grant of the pardon have expired or are exhausted; or

when the court or competent authority sentences or otherwise deals with the defendant in respect of the defendant’s conviction for the offence without making a foreign confiscation order and —

there is no right of appeal against the sentence or decision; or

all rights of appeal against the sentence or decision have expired or are exhausted.(6) For the purposes of this Act, a foreign confiscation order is subject to appeal as long as —

an appeal or further appeal is pending against —

the order; or

if the order was made on a conviction — the conviction; or

if paragraph (a) does not apply and there is a right of appeal or further appeal against the order or conviction (if the order was made on a conviction) — the time for bringing the appeal or further appeal has not expired.”.