Australian Capital Territory Numbered Acts

PROCEEDS OF CRIME ACT 1991 (NO 103 OF 1991)

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY SHORT TITLE

   1.      This Act may be cited as the Proceeds of Crime Act 1991.  
   2.      (1) Section 1 and this section commence on the day on which this Act is notified in the Gazette.  
   3.      The principal objects of this Act are—  
   6.      For the purposes of this Act (other than section 17), a person shall be taken to abscond in connection with an offence only if—  
   8.      For the purposes of this Act, 2 offences are related to one another if the elements of the 2 offences are substantially the same acts or omissions.  
   9.      For the purposes of this Act, dealing with property of a person includes—  

   PART II--CONFISCATION

   17.     Where a person is, by reason of paragraph 5 (1) (d), to be taken to have been convicted of an indictable offence, a court shall not make a confiscation order in reliance on the person's conviction of the offence unless the court is satisfied, on the balance of probabilities, that the person has absconded and—  
   23.     This Division applies to—  
   32.     Where—  

   PART III--CONFISCATED ASSETS TRUST FUND

   PART IV--CONTROL OF PROPERTY LIABLE TO CONFISCATION

   42.     Where property is seized under this Division, the Chief Police Officer shall arrange for the property to be kept until it is dealt with in accordance with another provision of this Act, and shall ensure that all reasonable steps are taken to preserve the property while it is so kept.  
   55.     Where a restraining order applies to property of a particular kind and the provisions of any law of the 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 pursuant to those provisions the particulars of the restraining order and, if those particulars are so recorded, a person who subsequently deals with the property shall, for the purposes of section 56, be deemed to have notice of the restraining order at the time of the dealing.  
   59.     The regulations may make provision for or in relation to—  
   60.     Where the Supreme Court has made a restraining order against a person's property, the Court may, on application made to it by the person, revoke the order if—  

   PART V--INFORMATION GATHERING POWERS

   63.     In this Part, unless the contrary intention appears—“indictable offence” includes an interstate indictable offence.  
   65.     Where a Judge of the Supreme Court makes a production order requiring a person to produce a document to a police officer, the person may apply to the Judge or another Judge of the Court for a variation of the order and if the Judge hearing the application is satisfied that the document is essential to the business activities of the person, he or she may vary the production order so that it requires the person to make the document available to a police officer for inspection.  
   67.     (1) A police officer may—  
   71.     In this Division—“customer generated financial transaction document”, in relation to a financial institution, means a financial transaction document of the institution—  

   PART VI--OFFENCES

   PART VII--INTERSTATE ORDERS AND WARRANTS

   80.     An interstate restraining order ceases to be registered under this Act if—  
   83.     Where—  
   86.     An interstate forfeiture order ceases to be registered under this Act if—  

   PART VIII--MISCELLANEOUS DEALINGS WITH FORFEITED PROPERTY

   90.     Subject to section 17, any question of fact to be decided by a court on an application under this Act is to be decided on the balance of probabilities.  
   94.     Nothing in this Act limits or restricts—  
   95.     The Executive may make regulations, not inconsistent with this Act, prescribing matters—