Australian Capital Territory Numbered Acts

PROCEEDS OF CRIME ACT 1991 (NO 103 OF 1991)

TABLE OF PROVISIONS

           Long Title

   1.      PART I—PRELIMINARY Short title  
   2.      Commencement  
   3.      Principal objects  
   4.      Interpretation  
   5.      Meaning of “conviction” etc. of offence  
   6.      Meaning of “absconding”  
   7.      Meaning of “serious offence”  
   8.      Related offences  
   9.      Meaning of “dealing with property”  
   10.     Effective control of property  
   11.     Appropriate court in relation to indictable offence  
   12.     Application to Crown  
   13.     Application  
   14.     Application for confiscation order  
   15.     Notice of application  
   16.     Amendment of application  
   17.     Making of confiscation order where person has absconded  
   18.     Procedure on application  
   19.     Division 2—Forfeiture orders Forfeiture orders  
   20.     Effects of forfeiture order  
   21.     Effect of forfeiture order on third parties  
   22.     Discharge of forfeiture order on appeal or by quashing of conviction  
   23.     Application of Division  
   24.     Special provisions in relation to serious offences  
   25.     Pecuniary penalty orders  
   26.     Assessment of pecuniary penalty  
   27.     Court may lift corporate veil etc.  
   28.     Forfeiture of all restrained property if person convicted of serious offence  
   29.     Recovery of property to which section 28 applies  
   30.     Effect of quashing of conviction  
   31.     Division 5—Miscellaneous Person with interest in forfeited property may buy back the interest  
   32.     Buying out other interests in forfeited property  
   33.     Establishment of Trust Fund  
   34.     Payments into Trust Fund  
   35.     Payments out of Trust Fund  
   36.     Application of distributable funds  
   37.     Determinations by Public Trustee about suspended and distributable funds  
   38.     Division 1—Search powers Powers to search for, and seize, tainted property  
   39.     Search warrants in relation to tainted property  
   40.     Search warrants may be granted by telephone  
   41.     Searches in emergencies  
   42.     Responsibility for seized property  
   43.     Return of seized property  
   44.     Issue of search warrants by Territory courts in relation to interstate indictable offences  
   45.     Division 2—Restraining orders Restraining orders  
   46.     Grounds for making restraining order  
   47.     Notice of application for restraining order  
   48.     Extension of certain restraining orders  
   49.     Persons who may appear and adduce evidence  
   50.     Notice of restraining orders  
   51.     Court may make further orders  
   52.     Order for taxation of legal expenses to be met out of restrained property  
   53.     Public Trustee to discharge pecuniary penalty  
   54.     Charge on property subject to restraining order  
   55.     Registration of restraining orders  
   56.     Contravention of restraining orders  
   57.     Duties of Public Trustee  
   58.     Protection of Public Trustee from personal liability in certain cases  
   59.     Costs etc. payable to Public Trustee  
   60.     Court may revoke restraining orders  
   61.     When restraining order ceases to be in force  
   62.     Notice of applications under this Division  
   63.     Division 1—Production orders Interpretation  
   64.     Production orders  
   65.     Variation of production order  
   66.     Failure to comply with production order  
   67.     Division 2—Search powers Powers to search for, and seize, documents relevant to locating etc. property  
   68.     Search warrant for location etc. of property  
   69.     Division 3—Monitoring orders Monitoring orders  
   70.     Existence and operation of monitoring order not to be disclosed  
   71.     Interpretation  
   72.     Retention of records by financial institutions  
   73.     Register of original documents  
   74.     Division 1—Money laundering Money laundering  
   75.     Possession etc. of property suspected of being proceeds of crime  
   76.     Division 2—Organised fraud Organised fraud  
   77.     Division 3—Miscellaneous Conduct by directors, servants or agents  
   78.     Registration of interstate restraining orders  
   79.     Effect of registration  
   80.     Duration of registration  
   81.     Cancellation of registration  
   82.     Charge on property subject to registered interstate restraining order  
   83.     Powers of Public Trustee in relation to interstate restraining orders  
   84.     Registration of interstate forfeiture orders  
   85.     Effect of registration  
   86.     Duration of registration  
   87.     Cancellation of registration  
   88.     Division 3—Miscellaneous Interim registration of facsimile copies  
   89.     PART VIII—MISCELLANEOUS Dealings with forfeited property  
   90.     Standard of proof  
   91.     Appeals  
   92.     Costs  
   93.     Indemnification of Public Trustee  
   94.     Operation of other laws not affected  
   95.     Regulations