Northern Territory Consolidated Acts

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CRIMINAL PROPERTY FORFEITURE ACT - SECT 10

Application

    (1)     This Act applies:

        (a)     to property:

            (i)     owned or effectively controlled; or

            (ii)     previously owned;

    by persons who are involved in or taken to be involved in criminal activities; and

        (b)     to property that is crime-used; and

        (c)     to property that is crime-derived.

    (2)     The property (real or personal) of a person who is involved or taken to be involved in criminal activities is forfeit to the Territory to the extent provided in this Act to compensate the Territory community for the costs of deterring, detecting and dealing with the criminal activities.

    (3)     Crime-used or crime-derived property (real or personal) is forfeit to the Territory to deter criminal activity and prevent the unjust enrichment of persons involved in criminal activities.

    (4)     For this Act, a person is taken to be involved in criminal activities if:

        (a)     the person is declared under section 36A of the Misuse of Drugs Act to be a drug trafficker; or

        (b)     an unexplained wealth declaration or a criminal benefit declaration is made in relation to the person; or

        (c)     the person is found guilty of a forfeiture offence.

    (5)     Property is liable to forfeiture under this Act:

        (a)     if the property is:

            (i)     owned or effectively controlled, or has at any time been given away, by a declared drug trafficker; or

            (ii)     owned or effectively controlled, or has at any time been given away, by a person who has unexplained wealth; or

            (iii)     owned or effectively controlled, or has at any time been given away, by a person who has acquired a criminal benefit; or

            (iv)     crime-used property; or

            (v)     crime-derived property; and

        (b)     whether the relevant forfeiture offence was committed:

            (i)     in the Territory or elsewhere; and

            (ii)     before or after the commencement of this Act; and

        (c)     whether or not any person has been charged with, or found guilty of, the relevant forfeiture offence and, if a person has been found guilty of the offence, whether the finding of guilt was before or after the commencement of this Act; and

        (d)     whether the property is in the Territory or outside the Territory.



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