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PROCEEDS OF CRIME ACT 2002

Table of Provisions

CHAPTER 1--Introduction

 

PART 1-1--PRELIMINARY

  • 1 Short title  
  • 2 Commencement  
  • 3 Identifying defined terms  
  • 4 Application of the  

PART 1-2--OBJECTS

  • 5 Principal objects  

PART 1-3--OUTLINE OF THIS ACT

  • 6 General  
  • 7 The confiscation scheme (Chapter 2)  
  • 8 Information gathering (Chapter 3)  
  • 9 Administration (Chapter 4)  
  • 10 Miscellaneous (Chapter 5)  
  • 11 Interpreting this Act (Chapter 6)  

PART 1-4--APPLICATION

DIVISION 1--General

CHAPTER 2--The confiscation scheme

 

PART 2-1A----FREEZING ORDERS

PART 2-1--RESTRAINING ORDERS

  • 16 Simplified outline of this Part  
  • DIVISION 1--Making restraining orders
  • 17 Restraining orders--people convicted of or charged with indictable offences  
  • 18 Restraining orders--people suspected of committing serious offences  
  • 19 Restraining orders--property suspected of being proceeds of indictable offences etc.  
  • 20 Restraining orders--people suspected of deriving literary proceeds from indictable offences etc.  
  • 20A Restraining orders--unexplained wealth  
  • 21 Refusal to make an order for failure to give undertaking  
  • 22 Restraining orders must only relate to one suspect  
  • 23 Conditions on restraining orders  
  • 24 Allowance for expenses  
  • 24A Excluding property from or revoking restraining orders in certain cases when expenses are not allowed  
  • DIVISION 2--How restraining orders are obtained
  • 25 Proceeds of crime authority may apply for a restraining order  
  • 26 Notice of application  
  • 27 Proceeds of crime authority may choose under which section it applies for a restraining order  
  • 28 Prejudice to investigations  
  • 28A Prohibition of publication of evidence--proceedings for restraining orders  
  • DIVISION 3--Excluding property from restraining orders
  • 29 Excluding property from certain restraining orders  
  • 29A Excluding property from a restraining order made under section 20A  
  • 30 Application to exclude property from a restraining order before restraining order has been made  
  • 31 Application to exclude property from a restraining order after restraining order has been made  
  • 32 Application not to be heard unless responsible authority has had reasonable opportunity to conduct an examination  
  • DIVISION 4--Giving effect to restraining orders
  • 33 Notice of a restraining order  
  • 34 Registering restraining orders  
  • 35 Notifying registration authorities of exclusions from or variations to restraining orders  
  • 36 Court may set aside a disposition contravening a restraining order  
  • 37 Contravening restraining orders  
  • DIVISION 5--Further orders
  • 38 Court may order Official Trustee to take custody and control of property  
  • 39 Ancillary orders  
  • 39A Privilege against self incrimination etc. does not apply  
  • 39B Application to revoke ancillary order  
  • 40 Contravening ancillary orders relating to foreign property  
  • DIVISION 6--Duration of restraining orders
  • 41 When a restraining order is in force  
  • 42 Application to revoke a restraining order  
  • 43 Notice of revocation of a restraining order  
  • 44 Giving security etc. to revoke etc. a restraining order  
  • 45 Cessation of certain restraining orders  
  • 45A Cessation of restraining orders relating to unexplained wealth  

PART 2-2--FORFEITURE ORDERS

PART 2-3--FORFEITURE ON CONVICTION OF A SERIOUS OFFENCE

  • 91 Simplified outline of this Part  
  • DIVISION 1--Forfeiture on conviction of a serious offence
  • 92 Forfeiting restrained property without a forfeiture order if a person has been convicted of a serious offence  
  • 92A Notice of date of forfeiture under this Part, etc.  
  • 93 Making an extension order extending the period before property is forfeited  
  • 94 Excluding property from forfeiture under this Part  
  • 94A Compensating for proportion of property not derived or realised from commission of any offence  
  • 95 Court may declare that property has been forfeited under this Part  
  • DIVISION 2--Effect of forfeiture on conviction of a serious offence
  • 96 When is property forfeited--general rule  
  • 97 First exception--registrable property  
  • 98 Second exception--if a joint owner dies  
  • 98A Third exception--property located outside Australia  
  • 99 When can the Commonwealth begin dealing with forfeited property?  
  • 100 How must forfeited property be dealt with?  
  • 101 Minister may give supporting directions  
  • DIVISION 2A--Controlled property
  • 101A Official Trustee may take custody and control of forfeited property  
  • DIVISION 3--Recovery of forfeited property
  • 102 Court may make orders relating to transfer of forfeited property etc.  
  • 103 Court may make orders relating to buying back forfeited property  
  • 104 Applying for an order under section 102  
  • 104A Applying for an order under section 103  
  • 105 Person with interest in forfeited property may buy back the interest  
  • 106 Buying out other interests in forfeited property  
  • DIVISION 4--The effect on forfeiture of convictions being quashed
  • 107 The effect on forfeiture of convictions being quashed  
  • 108 Notice of application for confirmation of forfeiture  
  • 109 Procedure on application for confirmation of forfeiture  
  • 110 Court may confirm forfeiture  
  • 111 Effect of court's decision on confirmation of forfeiture  
  • 112 Official Trustee must not deal with forfeited property before the court decides on confirmation of forfeiture  
  • 113 Giving notice if forfeiture ceases to have effect on quashing of a conviction  
  • 114 Returning property etc. following forfeiture ceasing to have effect  

PART 2-4--PECUNIARY PENALTY ORDERS

PART 2-5--LITERARY PROCEEDS ORDERS

PART 2-6--UNEXPLAINED WEALTH ORDERS

  • 179A Simplified outline of this Part  
  • DIVISION 1--Making unexplained wealth orders
  • 179B Making a preliminary unexplained wealth order requiring a person to appear  
  • 179C Application to revoke a preliminary unexplained wealth order  
  • 179CA Notice and procedure on application to revoke preliminary unexplained wealth order  
  • 179D Notice of revocation of a preliminary unexplained wealth order  
  • 179E Making an unexplained wealth order  
  • 179EA Refusal to make an order for failure to give undertaking  
  • 179EB Costs  
  • 179F Ancillary orders  
  • DIVISION 2--Unexplained wealth amounts
  • 179G Determining unexplained wealth amounts  
  • 179H Effect of property vesting in an insolvency trustee  
  • 179J Reducing unexplained wealth amounts to take account of forfeiture, pecuniary penalties etc.  
  • 179K Varying unexplained wealth orders to increase amounts  
  • 179L Relieving certain dependants from hardship  
  • DIVISION 3--How unexplained wealth orders are obtained
  • 179M Proceeds of crime authority may apply for an unexplained wealth order  
  • 179N Notice of application  
  • 179P Additional application for an unexplained wealth order  
  • 179Q Procedure on application and other notice requirements  
  • DIVISION 4--Enforcement of unexplained wealth orders
  • 179R Enforcement of an unexplained wealth order  
  • 179S Property subject to a person's effective control  
  • 179SA Charge on property subject to restraining order  
  • 179SB Charges may be registered  
  • 179T Amounts exceeding the court's jurisdiction  
  • DIVISION 5--Oversight
  • 179U Parliamentary supervision  
  •  

CHAPTER 3--Information gathering

 

PART 3-1--EXAMINATIONS

DIVISION 1--Examination orders

PART 3-2--PRODUCTION ORDERS

  • 202 Making production orders  
  • 203 Contents of production orders  
  • 204 Powers under production orders  
  • 205 Retaining produced documents  
  • 206 Privilege against self-incrimination etc. does not apply  
  • 207 Varying production orders  
  • 208 Jurisdiction of magistrates  
  • 209 Making false statements in applications  
  • 210 Disclosing existence or nature of production orders  
  • 211 Failing to comply with a production order  
  • 212 Destroying etc. a document subject to a production order  

PART 3-3--NOTICES TO FINANCIAL INSTITUTIONS

PART 3-4--MONITORING ORDERS

PART 3-5--SEARCH AND SEIZURE

DIVISION 1--Search warrants
  • 225 Issuing a search warrant  
  • 226 Additional contents of the information  
  • 227 Contents of warrants  
  • 228 The things that are authorised by a search warrant  
  • 229 Applying for search warrants by telephone or other electronic means  
  • 230 Issuing warrants by telephone etc.  
  • 231 Unsigned telephone warrants in court proceedings  
  • 232 Offence for stating incorrect names in telephone warrants  
  • 233 Offence for unauthorised form of warrant  
  • 234 Offence for execution etc. of unauthorised form of warrant  
  • 235 Offence for giving unexecuted form of warrant  
  • 236 Warrants that must be executed only during particular hours  
  • 237 Restrictions on personal searches  
  • 238 Availability of assistance and use of force in executing a warrant  
  • 239 Announcement before entry  
  • 240 Details of warrant to be given to occupier etc.  
  • 241 Occupier entitled to be present during search  
  • 242 Specific powers available to officers executing the warrant  
  • 243 Use of equipment to examine or process things  
  • 244 Moving things to another place for examination or processing  
  • 245 Use of electronic equipment at premises  
  • 246 Person with knowledge of a computer or a computer system to assist access etc.  
  • 247 Securing electronic equipment  
  • 248 Compensation for damage to electronic equipment  
  • 249 Copies of seized things to be provided  
  • 250 Providing documents after execution of a search warrant  
  • DIVISION 2--Stopping and searching conveyances
  • 251 Searches without warrant in emergency situations  
  • 252 How an authorised officer exercises a power under section 251  
  • DIVISION 3--Dealing with things seized
  • 253 Receipts for things seized under warrant  
  • 254 Responsibility for things seized  
  • 255 Effect of obtaining forfeiture orders  
  • 256 Returning seized things  
  • 257 Authorised officer may apply for a thing to be retained for a further period  
  • 258 Magistrate may order that the thing be retained  
  • 259 Return of seized property to third parties  
  • 260 Return of seized property if applications are not made for restraining orders or forfeiture orders  
  • 261 Effect of obtaining restraining orders  
  • 262 Effect of refusing applications for restraining orders or forfeiture orders  
  • DIVISION 4--General
  • 263 Application of Part  
  • 264 Law relating to legal professional privilege not affected  
  • 265 Jurisdiction of magistrates  
  • 266 Offence for making false statements in applications  

PART 3-6--DISCLOSURE OF INFORMATION

  • 266A Disclosure  
  •  

CHAPTER 4--Administration

 

PART 4-1--POWERS AND DUTIES OF THE OFFICIAL TRUSTEE

DIVISION 1--Preliminary

PART 4-2--LEGAL ASSISTANCE

PART 4-3--CONFISCATED ASSETS ACCOUNT

DIVISION 1--Establishment, crediting and payments out of the Account
  • 295 Establishment of Account  
  • 296 Credits to the Account  
  • 297 Payments out of the Account  
  • DIVISION 2--The national cooperative scheme on unexplained wealth
  • 297A The scheme  
  • 297B Sharing with foreign countries  
  • 297C Sharing with States and Territories  
  • DIVISION 3--Programs for expenditure on crime prevention etc.
  • 298 Programs for expenditure on law enforcement, drug treatment etc.  
  • DIVISION 4--Grants to the States and Territories for crime prevention etc.
  • 298A Grants to the States and Territories for crime prevention etc.  
  • 298B Terms and conditions of grants  
  • 298C Minister has powers etc. of the Commonwealth  
  • 298D Conferral of powers on the Minister  
  • 298E Channelling State/Territory grants through the COAG Reform Fund  
  • 298F Debits from the COAG Reform Fund  

PART 4-4--CHARGES OVER RESTRAINED PROPERTY TO SECURE CERTAIN AMOUNTS PAYABLE TO THE COMMONWEALTH

  • 302A Charges to secure amounts payable under subsection 293(3)  
  • 302B When the charge ceases to have effect  
  • 302C Priority of charge  

PART 4-5--ENFORCEMENT OF INTERSTATE ORDERS IN CERTAIN TERRITORIES

DIVISION 1--Interstate restraining orders

CHAPTER 5--Miscellaneous

 
  • 314 State and Territory courts to have jurisdiction  
  • 315 Proceedings are civil, not criminal  
  • 315A Court may hear multiple applications at same time  
  • 315B Transfer of responsibility for principal orders and applications  
  • 315C Official Trustee may bring proceedings on behalf of the Commonwealth  
  • 316 Consent orders  
  • 317 Onus and standard of proof  
  • 318 Proof of certain matters  
  • 318A Admissibility in proceedings of statements made at examination by absent witness  
  • 318B Objection to admission of statements made at examination  
  • 319 Stay of proceedings  
  • 319A Closed court  
  • 320 Effect of the confiscation scheme on sentencing  
  • 321 Deferral of sentencing pending determination of confiscation order  
  • 322 Appeals  
  • 323 Costs  
  • 324 Powers conferred on judicial officers in their personal capacity  
  • 325 Effect of a person's death  
  • 326 Operation of other laws not affected  
  • 327 Review of operation of Act  
  • 327A Review  
  • 328 Regulations  
  •  

CHAPTER 6--Interpreting this Act

 

PART 6-1--MEANING OF SOME IMPORTANT CONCEPTS

DIVISION 1--Proceeds and instrument of an offence
  • 329 Meaning ofand  
  • 330 When property becomes, remains and ceases to be proceeds or an instrument  
  • DIVISION 2--Convicted and related concepts
  • 331 Meaning ofof an offence  
  • 332 Meaning ofa conviction of an offence  
  • 333 Meaning of  
  • 334 Meaning of  
  • DIVISION 3--Other concepts
  • 335 Proceeds jurisdiction  
  • 336 Meaning of  
  • 336A Meaning of property or wealth being  
  • 337 Meaning of  
  • 337A Meaning of  
  • 337B Definition of--valuation rules  

PART 6-2--DICTIONARY

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