PROCEEDS OF CRIME ACT 1991 (NO. 103 OF 1991)
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. 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
PART II--CONFISCATION
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. (1) Where—
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. (1) Where a court—
32. Buying out other interests in forfeited property
PART III--CONFISCATED ASSETS TRUST FUND
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
PART IV--CONTROL OF PROPERTY LIABLE TO CONFISCATION
38. (1) A police officer may—
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. (1) Where a person (in this section and section 46 called the “defendant”)—
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
PART V--INFORMATION GATHERING POWERS
63. In this Part, unless the contrary intention appears—“indictable offence” includes an interstate indictable offence.
64. Production orders
65. Variation of production order
66. Failure to comply with production order
67. (1) A police officer may—
68. Search warrant for location etc. of property
69. (1) A police officer may apply to a Judge of the Supreme Court for an order (in this section called a “monitoring order”) directing a financial institution to give information to the police officer.
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
PART VI--OFFENCES
74. (1) In this section—“transaction” includes the receiving or making of a gift.
75. Possession etc. of property suspected of being proceeds of crime
76. (1) A person who engages in organised fraud is guilty of an offence against this section punishable, upon conviction, by—
77. (1) Where it is necessary, for the purposes of this Act, to establish the state of mind of a body corporate in respect of conduct engaged in, or deemed by subsection (2) to have been engaged in, by the body corporate, it is sufficient to show that a director, servant or agent of the body corporate, being a director, servant or agent by whom the conduct was engaged in within the scope of his or her actual or apparent authority, had that state of mind.
PART VII--INTERSTATE ORDERS AND WARRANTS
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. (1) A facsimile copy of a sealed copy of an interstate restraining order or an interstate forfeiture order, or of a sealed copy of any amendments made to such an order, shall be regarded for the purposes of this Act as the same as the sealed copy, if the facsimile copy is itself certified in accordance with the Rules of the Supreme Court.
PART VIII--MISCELLANEOUS DEALINGS WITH FORFEITED PROPERTY
89. (1) A person who knows that a forfeiture order has been made in respect of registrable property shall not, unless the forfeiture order has been discharged, dispose of, or otherwise deal with, the property before the Territory's interest has been registered on the appropriate register.
90. Standard of proof
91. Appeals
92. Costs
93. Indemnification of Public Trustee
94. Operation of other laws not affected
95. Regulations
