PROCEEDS OF CRIME ACT 1987
Table of Provisions
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
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