Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

PROCEEDS OF CRIME ACT 1987


TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   3.      Principal objects  
   4.      Interpretation  
   5.      Meaning of conviction etc. of offence  
   6.      Meaning of absconding  
   7.      Meaning of public fraud offence and serious offence  
   8.      Related offences  
   9.      Meaning of dealing with property  
   9A.     Effective control of property  
   10.     Appropriate court in relation to indictable offence  
   11.     Act binds the Crown  
   12.     Act to apply both within and outside Australia  
   13.     Application  
   13A.    Application of the Criminal Code  

   PART II--CONFISCATION

           Division 1--Application for confiscation order

   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  

           Division 2--Forfeiture orders

   19.     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  

           Division 2A--Registered foreign and international forfeiture orders

   23.     Registered foreign and international forfeiture orders  
   23A.    Effect on third parties of registration of foreign or international forfeiture order  

           Division 3--Pecuniary penalty orders

   24.     Application of Division  
   25.     Special provisions in relation to serious offences  
   26.     Pecuniary penalty orders  
   27.     Assessment of pecuniary penalty  
   28.     Court may lift corporate veil etc.  
   29.     Amounts paid in respect of registered foreign pecuniary penalty orders  

           Division 4--Forfeiture in case of serious offence

   30.     Forfeiture of all restrained property if person convicted of serious offence  
   30A.    Extension of waiting period  
   31.     Recovery of property to which section 30 applies  
   32.     Effect of quashing of conviction  

           Division 5--Miscellaneous

   33.     Person with interest in forfeited property may buy back the interest  
   34.     Buying out other interests in forfeited property  

   PART IIA--CONFISCATED ASSETS SPECIAL ACCOUNT

   34A.    Confiscated Assets Special Account  
   34B.    Credits to Confiscated Assets Special Account  
   34C.    Debits from the Confiscated Assets Special Account  
   34D.    Debiting balance of distributable funds standing to the credit of Confiscated Assets Special Account  
   34E.    Determinations by Official Trustee about suspended and distributable funds  

   PART III--CONTROL OF PROPERTY LIABLE TO CONFISCATION

           Division 1--Search powers

   35.     Powers to search for, and seize, tainted property  
   36.     Search warrants in relation to tainted property  
   37.     Search warrants may be granted by telephone  
   38.     Searches in emergencies  
   39.     Responsibility for seized property  
   40.     Return of seized property  
   41.     Issue of search warrants by Territory courts in relation to interstate indictable offences  
   42.     Search for and seizure of tainted property in relation to foreign offences  

           Division 2--Restraining orders

   43.     Restraining orders  
   44.     Grounds for making restraining order  
   45.     Notice of application for restraining order  
   45A.    Extension of certain restraining orders  
   46.     Persons who may appear and adduce evidence  
   47.     Notice of restraining orders  
   48.     Court may make further orders  
   48A.    Order for taxation of legal expenses to be met out of restrained property  
   49.     Official Trustee to discharge pecuniary penalty  
   50.     Charge on property subject to restraining order  
   51.     Registration of restraining orders  
   52.     Contravention of restraining orders  
   54.     Protection of Official Trustee from personal liability in certain cases  
   55.     Costs etc. payable to Official Trustee  
   56.     Court may revoke restraining orders  
   57.     When restraining order ceases to be in force  
   58.     Notice of applications under this Division  
   59.     Interim restraining order may be made in respect of foreign offence  
   60.     Registered foreign restraining orders--general  
   61.     Registered foreign restraining orders--court may direct Official Trustee to take custody and control of property  
   62.     Registered foreign restraining orders--undertakings  
   63.     Discharge of certain registered foreign pecuniary penalty orders  
   64.     Registered foreign restraining orders--charge on property subject to order  
   65.     Registered foreign restraining orders--time when order ceases to be in force  

   PART IV--INFORMATION GATHERING POWERS

           Division 1--Production orders

   66.     Production orders  
   67.     Variation of production orders  
   68.     Failure to comply with production order  
   69.     Production orders in relation to foreign offences  

           Division 2--Search powers

   70.     Powers to search for, and seize, documents relevant to locating etc. property  
   71.     Search warrant for location etc. of property  
   72.     Search warrants in relation to foreign offences  

           Division 3--Monitoring orders

   73.     Monitoring orders  
   74.     Existence and operation of monitoring order not to be disclosed  
   75.     Monitoring orders in relation to foreign offences  

   PART V--OFFENCES

           Division 3--Miscellaneous

   84.     Prosecution of offences  
   85.     Conduct by directors, employees or agents  

   PART VI--ENFORCEMENT OF STATE ORDERS IN TERRITORIES

           Division 1--Interstate restraining orders

   86.     Registration of interstate restraining orders  
   87.     Effect of registration  
   88.     Duration of registration  
   89.     Cancellation of registration  
   90.     Charge on property subject to registered interstate restraining order  
   91.     Powers of Official Trustee in relation to interstate restraining orders  

           Division 2--Interstate forfeiture orders

   92.     Registration of interstate forfeiture orders  
   93.     Effect of registration  
   94.     Duration of registration  
   95.     Cancellation of registration  

           Division 3--Miscellaneous

   96.     Interim registration of facsimile copies  

   PART VII--MISCELLANEOUS

   96A.    Organised fraud orders  
   97.     Dealings with forfeited property  
   98.     State and Territory courts to have jurisdiction  
   99.     Standard of proof  
   100.    Appeals  
   101.    Costs  
   102.    Legal assistance  
   102A.   Indemnification of Official Trustee  
   103.    Operation of other laws not affected  
   104.    Regulations  


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback