CONFISCATION OF CRIMINAL ASSETS ACT 2003
Table of Provisions
PART 1--PRELIMINARY
- 1 Name of Act
- 3 Purposes of Act
- 4 Application of Act to property and dealings
- 5 Application of Act to offences
- 6 Dictionary
- 7 Notes
- 8 Offences against Act—application of Criminal Code etc
PART 2--GENERAL OVERVIEW OF CONFISCATION SCHEME
- 9 General overview
PART 3--KEY CONCEPTS
- 10 What is tainted property
- 11 What is unclaimed tainted property
- 11A Meaning of total wealth
- 11B Meaning of wealth
- 11C Meaning of serious criminal activity
- 12 Meaning of derived
- 13 Meaning of offence and of particular kinds of offences
- 14 Meaning of effective control of property
- 15 Meaning of convicted and quashed
- 16 When does someone abscond
- 17 When is someone cleared of an offence
- 18 When a proceeding is finalised
PART 4--RESTRAINT OF PROPERTY
Division 4.1--General
- 19 Meaning of restraining order
- 20 Meaning of artistic profits restraining order
- 21 Meaning of unclaimed tainted property restraining order
- 21A Meaning of unexplained wealth restraining order
- 22 Restraining orders—purposes
- 23 Contravening restraining orders
- 24 Setting aside dealings with restrained property
Division 4.2--Making restraining orders
- 25 Restraining orders over unclaimed tainted property—application
- 26 Restraining orders over other property—application
- 26A Unexplained wealth restraining orders—application
- 27 Restraining orders—time for making certain applications
- 28 Restraining orders over unclaimed tainted property—affidavit supporting
- 29 Restraining orders over other property—affidavit supporting
- 29A Unexplained wealth restraining order—affidavit supporting
- 30 Restraining orders over unclaimed tainted property—making
- 31 Restraining orders over other property—making
- 32 Making of restraining orders—specific serious offence not required
- 32A Unexplained wealth restraining order—making
- 33 Restraining orders—contents
- 34 Restraining orders—notice of making
- 35 Restraining order proceedings—restrictions on disclosure
- 36 Restraining orders—disclosure offences
- 37 Payment of living and business expenses from restrained property
- 38 Payment of certain legal expenses from restrained property
- 39 Additional orders about restraining orders and restrained property
- 40 Contravention of additional orders under s 39
Division 4.3--Duration of restraining orders
- 41 Meaning of forfeiture or penalty application for div 4.3
- 42 Restraining orders generally not time limited
- 43 Revocation or variation of restraining orders made without notice of
- 44 Revocation or variation of restraining orders if security or undertakings
- 45 When restraining order over particular property ends
- 46 When unclaimed tainted property restraining order ends
- 47 When restraining order ends—ordinary offences
- 48 When restraining order ends—serious offences
- 48A When unexplained wealth restraining order ends
- 49 Extension of time for restraining orders
Division 4.4--Restraining orders—other matters
- 50 Restraining orders—registration in statutory property registers
- 51 Penalty orders—execution against restrained property
PART 5--FORFEITURE OF PROPERTY
Division 5.1--Conviction forfeiture orders
- 52 Meaning of conviction forfeiture order
- 53 Conviction forfeiture orders—application
- 54 Conviction forfeiture orders—making
- 55 Conviction forfeiture orders—forfeiture
- 56 When conviction forfeiture order ends
Division 5.2--Automatic forfeiture—conviction for serious offences
- 57 Unclaimed tainted property restraining
- 58 Automatic forfeiture of restrained property on conviction for serious
- 59 Automatic forfeiture—court order declaring property automatically
- 60 Automatic forfeiture—court orders
- 61 When automatic forfeiture under div 5.2 ends
Division 5.3--Automatic forfeiture—unclaimed tainted property
- 62 Forfeiture of unclaimed tainted property
- 63 When automatic forfeiture under div 5.3 ends
Division 5.4--Civil forfeiture orders
- 64 Artistic profits and unclaimed tainted
- 65 Meaning of civil forfeiture order
- 66 Civil forfeiture orders—application
- 67 Civil forfeiture orders—making
- 68 Civil forfeiture orders—forfeiture
- 69 Civil forfeiture order proceedings—restrictions on
- 70 Civil forfeiture orders—disclosure offences
- 71 When civil forfeiture order ends
PART 6--EXCLUSION OF PROPERTY
Division 6.1--General
- 72 Meaning of exclusion order
- 73 When property is subject to forfeiture
- 74 Effect of exclusion order
Division 6.2--Making exclusion orders
- 75 Exclusion orders—application
- 76 Making of exclusion orders—ordinary offences
- 77 Making of exclusion orders—serious offences
- 77A Making of exclusion orders—unexplained wealth
- 78 Making of exclusion orders—unclaimed tainted property
PART 7--PENALTY ORDERS
Division 7.1--Benefits
- 79 Meaning of commission of serious offence for pt 7
- 80 Meaning of benefits derived by an offender
- 81 Meaning of artistic profits
Division 7.2--Making penalty orders
- 82 Meaning of penalty order
- 83 Penalty orders—application
- 84 Penalty orders—offenders convicted of ordinary offences
- 85 Penalty orders—commission of serious offences
- 86 Penalty orders—amount of penalty
- 87 Penalty orders—contents
- 88 Penalty orders—enforceable as judgment debt
- 89 Penalty orders—variation for reassessed value of benefits
Division 7.3--Value of benefits
- 90 Meaning of narcotic substance and property for div
- 91 Presumed value of benefits—ordinary offence
- 92 Presumed value of benefits—serious offence
- 93 Value of benefits—relevant matters
Division 7.4--Satisfaction of penalty order
- 94 Creation of penalty charge over restrained property
- 95 When penalty charge over property ends
- 96 Power to satisfy penalty order
- 97 Public trustee and guardian to repay any amount surplus to satisfying penalty
Division 7.5--End of penalty orders
- 98 When penalty order ends
PART 7A--UNEXPLAINED WEALTH ORDERS
Division 7A--.1 General
Division 7A--.2 Making unexplained wealth orders
- 98B Unexplained wealth orders—application
- 98C Unexplained wealth order—affidavit supporting application
- 98D Unexplained wealth orders—making
- 98E Unexplained wealth orders—assessment of unexplained wealth
- 98F Unexplained wealth orders—hardship relief
Division 7A--.3 Satisfaction of unexplained wealth order
- 98G Creation of unexplained wealth charge over restrained property
- 98H When unexplained wealth charge over property ends
- 98I Unexplained wealth orders—enforceable as judgment debt
- 98J Power to satisfy unexplained wealth order
- 98K Public trustee and guardian to repay any amount surplus to satisfying unexplained
Division 7A--.4 End of unexplained wealth order
PART 8--RESTRAINED PROPERTY
Division 8.1--Management of restrained property by public trustee and guardian
- 99 Application of div 8.1
- 100 Powers of public trustee and guardian to preserve restrained property
- 101 Sale, modification or destruction of property by public trustee and
- 102 Notice of sale, modification or destruction of restrained property by public trustee
- 103 Emergency modification or destruction of restrained property
- 104 Notice details to be included in public trustee and guardian's
- 105 Order to stop sale, modification or destruction of restrained
Division 8.2--Joint ownership of restrained property
- 106 Effect of death on joint ownership
PART 9--FORFEITED PROPERTY
Division 9.1--Preliminary
- 107 Meaning of interested person in pt 9
- 108 Forfeited property—powers of public trustee and guardian
Division 9.2--Vesting and disposal of forfeited property
- 109 Vesting of forfeited property—general rule
- 110 Vesting of registrable property on forfeiture
- 111 Disposal of forfeited property
Division 9.3--Improperly obtained registered property interests
- 112 Application of div 9.3 to registered property interests
- 113 Discharge of prior registered property interests given for improper
Division 9.4--Sale of jointly owned forfeited property
- 114 Application of div 9.4 to jointly owned property
- 115 Inconsistency with Trustee Act or Conveyancing Act
- 116 Order for sale of jointly owned property
- 117 Trust for sale of property
- 118 Effect of trust for sale on joint ownership
- 119 Distribution of proceeds of sale of property
- 120 Variation of court order for sale
Division 9.5--Forfeited property—return or compensation
- 121 Meaning of return or compensation order
- 122 Return or compensation orders—application
- 123 Return or compensation orders—making
Division 9.6--Forfeited property—buyback of interest
- 124 Meaning of buyback order
- 125 Buyback orders—application
- 126 Buyback orders—making
- 127 Buyback orders—buying interest in property
PART 10--CONFISCATED ASSETS TRUST FUND
Division 10.1--Preliminary
- 127A Definitions—pt 10 --Division 10.2 Establishment and payments into and out of the trust fund
- 128 Definitions—div 10.2
- 129 Meaning of equitable sharing program
- 130 Establishment of trust fund
- 131 Payments into trust fund
- 132 Purposes of trust fund
- 133 Payments from trust fund
- 134 Distribution of surplus funds
- 135 Review of reserved and distributable funds by public trustee and
Division 10.3--National cooperative scheme on unexplained wealth
Subdivision 10.3.1--Important concepts- 135A Definitions—div 10.3
- 135B Meaning of decision-making period—div 10.3 Subdivision 10.3.2--Sharing with the Commonwealth or a State
- 135C Purpose of subdiv 10.3.2
- 135D Shareable proceeds of the Territory to be reduced to net amount
- 135E Cooperating jurisdiction committee to establish CJC subcommittee
- 135F Non-participating non-cooperating States' share
- 135G Participating States', cooperating States' and Northern Territory's
- 135H When decisions about amounts may be made
- 135I Payment period
PART 11--INTERSTATE ORDERS
- 136 Meaning of authenticated for pt 11
- 137 Interstate restraining and forfeiture orders etc—registration
- 138 Interstate restraining and forfeiture orders etc—interim
- 139 Interstate restraining and forfeiture orders etc—effect of
- 140 Interstate restraining and forfeiture orders etc—ending of registration
- 141 Interstate restraining and forfeiture orders etc—cancellation of registration
- 142 Creation of interstate penalty charges
- 143 Interstate penalty charges—effect of creation
PART 12--INFORMATION GATHERING
Division 12.1--Inquiry notices
- 144 Meaning of inquiry notice
- 145 Inquiry notices—giving
- 146 Inquiry notices—form
- 147 Inquiry notices—immunity for complying financial institutions and
Division 12.2--Monitoring orders
- 148 Meaning of monitoring order
- 149 Monitoring orders—application
- 150 Monitoring orders—affidavit supporting application
- 151 Monitoring orders—making
Division 12.3--Transaction suspension orders
- 152 Meaning of transaction suspension order
- 153 Transaction suspension orders—application
- 154 Transaction suspension orders—affidavit supporting application
- 155 Transaction suspension orders—making
Division 12.4--Production orders for property-tracking documents
- 156 Meaning of production order
- 157 Meaning of property-tracking document
- 158 Production orders—application
- 159 Production orders—affidavit supporting application
- 160 Production orders—making
- 161 Production order proceedings—restrictions on disclosure
- 162 Production orders—variation
- 163 Production orders—consequential powers about documents
Division 12.5--Examination orders and notices
Subdivision 12.5.1--Preliminary- 164 Definitions for div 12.5
- 165 Authorised investigators Subdivision 12.5.2--Examination orders
- 166 Meaning of examination order
- 167 Examination orders—application
- 168 Examination orders—affidavit supporting application
- 169 Examination orders—making
- 170 Examination order proceedings—restrictions on disclosure Subdivision 12.5.3--Examination notices
- 171 Meaning of examination notice
- 172 Examination notices—giving
- 173 Examination notices—form Subdivision 12.5.4--Conducting examinations
- 174 Time and place of examination
- 175 Requirements made of person examined
- 176 Conduct of examination
- 177 Role of the examinee's lawyer
- 178 Examinations—consequential powers about documents
- 179 Examinations—additional restrictions on disclosure
- 180 Protection of authorised investigator etc Subdivision 12.5.5--Offences—examination notices
- 181 Obstruction etc of authorised investigator
- 182 Failing to attend examination
- 183 Offences relating to appearance at examination
- 184 Unauthorised presence at an examination
- 185 Examinations—additional disclosure offences
Division 12.6--Information order offences
- 186 Meaning of information order
- 187 Information orders—failure to comply
- 188 Information orders—false or misleading information
- 189 Information orders—false or misleading documents
- 190 Destruction etc of documents
- 191 Meaning of non-disclosable information order
- 192 Information orders—disclosure offences
- 193 Information orders—disclosure by police officers
- 194 Information orders—protection of complying financial institutions
PART 13--SEARCH WARRANTS
Division 13.1--Preliminary
- 195 Definitions for pt 13
Division 13.2--Search warrants—general
- 196 Applications for search warrants—general
- 197 Offence for making false etc statements in search warrant
- 198 Additional contents of search warrant applications
- 199 Issuing search warrants
- 200 When search warrant for property-tracking document may be issued
- 201 Contents of search warrants
- 202 Authorisation given by search warrants
Division 13.3--Telephone and electronic warrants
- 203 Applying for search warrants by telephone or other electronic means
- 204 Issuing search warrants by telephone or other electronic means
- 205 Unsigned warrants by telephone or other electronic means in court
- 206 Offence for stating incorrect names in warrants by telephone or other electronic
- 207 Offence for execution etc of search warrant departing in material
- 208 Offence for execution etc of unauthorised form of search warrant
- 209 Offence for giving unauthorised form of search warrant
Division 13.4--Executing search warrants
- 210 Search warrants—whether must be executed only during particular
- 211 Search warrants—restrictions on personal searches
- 212 Use of force and availability of assistance in executing search
- 213 Search warrants—announcement before entry
- 214 Details of search warrant to be given to occupier etc
- 215 Occupier entitled to be present during search etc
- 216 Particular powers available to officers executing search warrant
- 217 Use of equipment to examine or process things
- 218 Moving things to another place for examination or processing
- 219 Use of electronic equipment at premises
- 220 Person with knowledge of computer or computer system to assist access
- 221 Securing electronic equipment
- 222 Copies of seized things to be provided
- 223 Providing documents after execution of search warrant
Division 13.5--Stopping and searching vehicles
- 224 Searches of vehicles without search warrant in emergency situations
- 225 How police officer exercises powers under s 224
Division 13.6--Search warrants—things seized
- 226 Receipts for things seized under search warrants
- 227 Keeping seized things under search warrants
- 228 Keeping things for further period
- 229 Issuing officer may order keeping of thing
- 230 Transfer of things seized to public trustee and guardian
Division 13.7--Search warrants—miscellaneous
- 231 Search warrants—false or misleading information
- 232 Search warrants—false or misleading documents
- 233 Obstruction etc of police officers and people assisting
- 234 Damage etc to be minimised
- 235 Compensation
PART 14--COURT PROCEDURE
- 236 Meaning of confiscation proceeding
- 237 Confiscation and corresponding law order proceedings are civil, not
- 238 Meaning of relevant court
- 239 Jurisdiction of Magistrates Court—confiscation proceedings
- 240 Jurisdiction of Magistrates Court—interstate orders
- 241 Jurisdiction of Supreme Court
- 242 Confiscation proceedings—transferred proceedings
- 243 Restricted access proceedings—notice of applications etc
- 244 Other confiscation proceedings—notice of applications etc
- 245 Applications for another confiscation proceeding in relation to same
- 246 Confiscation proceedings—time extensions for applications
- 247 Confiscation proceedings—amendment of applications
- 248 Confiscation proceedings—relevant material
- 249 Confiscation proceedings—witness not required to answer questions prejudicing
- 250 Confiscation proceedings—additional orders
- 251 Contravention of additional orders under s 250
- 252 Confiscation proceedings—consent orders
- 253 Confiscation proceedings—notice of making orders
- 254 Concurrent proceedings