Northern Territory Consolidated Acts

CRIMINAL PROPERTY FORFEITURE ACT

TABLE OF PROVISIONS

           Long Title

           Part 1 Preliminary
   1.      Short title
   2.      Commencement
   3.      Objective
   4.      Act binds Crown
   5.      Definitions
   6.      Forfeiture offence
   7.      Effective control of property
   8.      Declared drug trafficker
   9.      Court may declare deceased person to be drug trafficker
           Part 2 Application
   10.     Application
   11.     Crime-used property
   12.     Crime-derived property
           Part 3 Investigation and search
           Division 1 Preliminary inquiries
   13.     Information volunteered by financial institutions
   14.     Preliminary inquiries from financial institutions
   15.     Protection for financial institutions
   16.     Giving false or misleading information
           Division 2 Examinations
   17.     Applications for orders for examination
   18.     Orders for examination
   19.     Service of orders for examination
   20.     Conduct of examinations
   21.     Complying with examination orders
           Division 3 Production of documents
   22.     Application for production orders
   23.     Production orders
   24.     Inspection of property-tracking documents
   25.     Complying with production orders
   26.     Variation of production orders
   27.     Property-tracking documents
           Division 4 Monitoring financial transactions
   28.     Applications for monitoring and suspension orders
   29.     Monitoring and suspension orders
   30.     Compliance with monitoring or suspension order
           Division 5 Secrecy requirements
   31.     Disclosure not permitted
   32.     Disclosing information
           Division 6 Detention, search and seizure
   33.     Power to detain persons
   34.     Search warrants
   35.     Searching detained persons
   36.     Additional powers
   37.     Later-produced documents
   38.     Warrants under other Acts
           Part 4 Ensuring property remains available for forfeiture
           Division 1 Seizure of property and interim restraining order
   39.     Seizure of crime-used or crime-derived property
   40.     Interim restraining order
           Division 2 Restraining orders in relation to property
   41.     Applications for restraining orders
   42.     Proceedings for restraining orders
   43.     Restraining order in relation to specified property
   44.     Restraining orders in relation to property of named persons
   45.     Restraining order to specify grounds
   46.     Scope of restraining order
   47.     Service of restraining order
   48.     Statutory declaration required from person served with restraining order
   49.     Effect of restraining order
   50.     Setting aside of restraining order
   51.     Duration of restraining order
   52.     Restraining order ceases to have effect
   53.     Real property
   54.     Property may be restrained under more than one order
           Division 3 Dealing with seized or restrained property
   55.     Prohibited dealings
   56.     Dealing with property
   57.     Permitted dealings in mortgaged property
   58.     Effect of dealing in property subject to restraining order
           Part 5 Objections to restraint of property
   59.     Objections to restraining of property
   60.     Time for filing objection
   61.     Parties to objection proceedings
   62.     Setting aside restraining order
   63.     Setting aside restraining order - crime-used property
   64.     Setting aside restraining order - crime-derived property
   65.     Setting aside restraining order - other property
   66.     Innocent party
           Part 6 Proceedings for declarations
           Division 1 Unexplained wealth declaration
   67.     Application for unexplained wealth declaration
   68.     Unexplained wealth
   69.     Assessing the value of unexplained wealth
   70.     The constituents of a person's wealth
   71.     Unexplained wealth declaration
   72.     Unexplained wealth payable to Territory
           Division 2 Criminal benefit declaration
   73.     Application for criminal benefit declaration
   74.     Acquiring criminal benefit
   75.     Criminal benefit declaration
   76.     Criminal benefit declaration
   77.     Lawful acquisition of property
   78.     Criminal benefit declaration
   79.     Assessing the value of criminal benefit
   80.     Criminal benefits payable to Territory
           Division 3 Crime-used property substitution declaration
   81.     Application for crime-used property substitution declaration
   82.     Crime-used property not available
   83.     Burden of proof
   84.     Criminal use of property
   85.     Assessing the value of crime-used property
   86.     Substituted property payable to Territory
           Part 7 Satisfaction of liability to territory
           Division 1 General
   87.     Recovery of amount payable to Territory
   88.     Use of restrained property to meet liability
   89.     Proceeds from sale of restrained property
   90.     Nexus between restraint and forfeiture not necessary
           Division 2 Use of effectively controlled property or gift to meet liability
   91.     Forfeitable property declaration
   92.     Property not owned by respondent available for forfeiture
   93.     Limitation on forfeiture of effectively controlled property
           Division 3 Forfeiture of property
           Subdivision A Property of declared drug trafficker
   94.     Forfeiture of declared drug trafficker's property
           Subdivision B Crime-used property and crime-derived property
   95.     Application for forfeiture order
   96.     Crime-used property
   97.     Crime-derived property
           Subdivision C Criminal benefits, unexplained wealth and substituted property
   98.     DPP may apply for forfeiture order
   99.     Criminal benefit
   100.    Unexplained wealth
   101.    Substituted property
           Subdivision D General
   102.    Notice of forfeiture of land or other registrable property
   103.    Value of property sold by Territory
   104.    Variation of declarations and orders
           Part 8 Management of seized, restrained and forfeited property
           Division 1 Control and management of property
   105.    Management of seized property
   106.    Management of restrained or forfeited property
   107.    Financial institution to transfer restrained funds to Public Trustee
   108.    Public Trustee's capacity to carry out transactions
   109.    Applications by owner for control and management
   110.    Duties of responsible person
           Division 2 Disposal of deteriorating or undesirable property
   111.    Destruction of property on grounds of public interest
   112.    Sale of deteriorating property
   113.    Valuation and inventory of restrained property
           Division 3 Management of property by Public Trustee
   114.    Public Trustee's power to appoint manager
   115.    Public Trustee's liability for charges on restrained property
   116.    Managing interstate property
   117.    Fees payable to Public Trustee
   118.    Obstructing Public Trustee
           Part 9 Release of forfeited property
   119.    Application for release of forfeited property
   120.    Parties to proceedings
   121.    Order to release forfeited property
           Part 10 Mutual recognition of restraining orders and forfeiture orders
           Division 1 Registration of Territory orders in other jurisdictions
   122.    Interstate registration of restraining orders
           Division 2 Recognition of interstate restraining orders
   123.    Registration of interstate restraining order
   124.    Effect of registration of interstate restraining order
   125.    Duration of registration of interstate restraining order
   126.    Cancellation of registration of interstate restraining order
           Division 3 Recognition of interstate forfeiture orders
   127.    Registration of interstate forfeiture order
   128.    Effect of registration of interstate forfeiture orders
   129.    Duration of registration of interstate forfeiture order
   130.    Cancellation of registration of interstate forfeiture order
           Part 11 Interests in registrable property
   131.    Registration of interest in land
   132.    Registration of interests in other property
   133.    Imputation of knowledge that property is restrained
   134.    Instruments lodged with Registrar-General
           Part 12 Court jurisdiction and evidentiary matters
   135.    Courts' jurisdiction
   136.    Proceedings
   137.    Appearance by Attorney-General
   138.    Stay or adjournment of proceedings
   139.    Opinion evidence
   140.    Evidence that property is crime-used or crime-derived
   141.    Evidence of offence proceedings
   142.    Transcripts of examinations
   143.    Hearsay evidence
   144.    Evidence of compliance with production orders
   145.    Certificates under
   146.    Consent orders
   147.    Enforcing compliance with Act or court order
           Part 13 Miscellaneous
   148.    Public Trustee common fund
   149.    Exemption from stamp duty
   150.    Property protected from seizure and forfeiture
   151.    Transfer of property for value
   152.    Person must deliver up forfeited property
   153.    Co-owned property
   154.    Restrained property not available to meet legal costs
   155.    Liability for carrying out functions under this Act
   156.    Later applications, orders or findings
   157.    Orders relating to sham transactions
   158.    Proceedings against body corporate
   159.    Substituted service
   160.    Charged with offence
   161.    Conviction of forfeiture offence
   162.    Absconding in connection with offence
   163.    Effect of person's death
   164.    Obstructing member of Police Force
   165.    Legal professional privilege
   166.    Regulations
           ENDNOTES