Northern Territory Consolidated Acts Northern Territory Consolidated Acts5. Definitions
In this Act, unless the contrary intention appears -
account means any facility or arrangement through which a financial institution accepts deposits or allows withdrawals and includes a facility or arrangement for a fixed term deposit and a safety deposit box.
conviction , in relation to a forfeiture offence, has the meaning in section 161.
corporation means any body corporate, however formed, and includes -
(a) a financial institution;
(b) a corporation within the meaning of the Corporations Act 2001 of the Commonwealth; and
(c) a corporation sole.
corresponding law means a law of the Commonwealth or a State or another Territory of the Commonwealth that is prescribed in the Regulations as a law that corresponds to this Act.
crime-derived , in relation to property, has the meaning in section 12.
crime-used , in relation to property, has the meaning in section 11.
crime-used property substitution declaration means a declaration under section 81.
criminal benefit has the meaning in section 74.
criminal benefit declaration means a declaration under section 75 or 76.
criminal use , in relation to a person and property, has the meaning in section 84.
dangerous drug has the same meaning as in the Misuse of Drugs Act .
deal , in relation to property, has the meaning in section 56.
declared drug trafficker has the meaning in section 8.
dispose of , in relation to a charge, means -
(a) withdraw;
(b) file a no true bill;
(c) dismiss; or
(d) file a nolle prosequi in relation to the offence.
document includes -
(a) any of, or part of any of, the following things:
(i) paper or other material on which there is writing;
(ii) a book, map, plan, drawing or photograph;
(iii) paper or other material on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them;
(iv) an article or any material from which sounds, images or writings are capable of being reproduced with or without the aid of another article or device;
(v) an article on which information has been stored or recorded, whether by mechanical or electronic means;
(vi) any other record or information; and
(b) a copy, reproduction or duplicate of such a thing or a part of such a copy, reproduction or duplicate.
DPP means the Director of Public Prosecutions appointed under the Director of Public Prosecutions Act or a person acting on the Director's behalf.
effective control , in relation to property, has the meaning in section 7.
encumbrance , in relation to property, includes any interest, mortgage, charge, right, claim or demand in respect of the property.
examination means an examination under an examination order.
examination order means an order under section 18(1).
financial institution means -
(a) an ADI within the meaning of the Banking Act 1959 of the Commonwealth;
(b) the Reserve Bank of Australia;
(c) a person who carries on State banking within the meaning of section 51(xiii) of the Constitution of the Commonwealth;
(d) the Territory Insurance Office established under the Territory Insurance Office Act ;
(e) a financial corporation within the meaning of section 51(xx) of the Constitution of the Commonwealth; or
(f) a body corporate that would be a financial corporation within the meaning of section 51(xx) of the Constitution of the Commonwealth if the body had been incorporated in Australia.
Fines Recovery Unit means the Fines Recovery Unit established under the Fines and Penalties (Recovery) Act .
forfeitable property declaration means a declaration under section 92.
forfeiture offence has the meaning in section 6.
give , in relation to property, includes transfer for consideration that is significantly less than the market value of the property at the time of transfer.
innocent party has the meaning in section 66.
instrument , in relation to a dealing with land, has the same meaning as in the Land Title Act .
interest , in relation to property, means -
(a) a legal or equitable estate or interest in the property; or
(b) a right, power or privilege over or in connection with the property.
interstate forfeiture order means an order (however described) that is made by or under a corresponding law of a State or another Territory of the Commonwealth and that is prescribed by the Regulations for the purposes of this definition.
interstate restraining order means an order (however described) that is made by or under a corresponding law of a State or another Territory of the Commonwealth and that is prescribed by the Regulations for the purposes of this definition.
land includes an interest in land.
land register has the same meaning as in the Land Title Act .
lawfully acquired , in relation to any property, service, advantage or benefit, has the meaning in section 77.
liable to forfeiture under this Act , in relation to property, has the meaning in section 10(5).
monitoring order means an order under section 29(1).
objection means an objection to the restraint of property filed under section 59.
officer , in relation to a corporation, means a director, secretary, executive officer, employee or agent of the corporation.
owner , in relation to property, means a person who has a legal or equitable interest in the property.
premises includes a vessel, aircraft, vehicle, structure, building and any land or place whether built on or not.
production order means an order under section 23.
prohibited plant has the same meaning as in the Misuse of Drugs Act .
property means -
(a) real or personal property of any description, wherever situated and whether tangible or intangible; or
(b) a legal or equitable interest in any property referred to in paragraph (a).
property-tracking document has the meaning in section 27.
registered , in relation to an interstate restraining order or an interstate forfeiture order, means registered under section 123 or 127, respectively.
registrar means the office (however described) of a registrar under an Act that provides for registration of property other than land.
registration , in relation to an instrument relating to a dealing in land, has the same meaning as in the Land Title Act .
respondent means -
(a) in relation to an application for an unexplained wealth declaration, a criminal benefit declaration or a crime-used property substitution declaration - the person against whom the declaration is sought; or
(b) in relation to an unexplained wealth declaration, a criminal benefit declaration or a crime-used property substitution declaration - the person against whom the declaration is made.
restraining order means an order made by a court under section 43 or 44 but does not include an interim restraining order under section 40.
statutory charge has the same meaning as in the Land Title Act .
statutory restrictions notice has the same meaning as in section 35 of the Land Title Act .
suspension order means an order under section 29(2).
Territory taxes , in relation to restrained property, means any rates, land tax, local government or other statutory charges imposed on the property under a law of the Territory.
transaction , in relation to an account with a financial institution, includes -
(a) the making of a fixed term deposit; and
(b) the transferring of the amount of a fixed term deposit, or any part of it, at the end of the term.
unexplained wealth has the meaning in section 68.
unexplained wealth declaration means a declaration under section 71.
valuable consideration , in relation to the transfer of property, does not include -
(a) any consideration for the transfer arising from the fact of a family relationship between the transferor and transferee;
(b) if the transferor is a spouse or de facto partner of the transferee - the making by the transferor of a deed in favour of the transferee;
(c) a promise by the transferee to become a spouse or de facto partner of the transferor;
(d) any consideration arising from the transferor's love or affection for the transferee;
(e) the transfer of the property as a result of the distribution of a deceased estate; or
(f) the transfer of the property by way of gift.
wealth has the meaning in section 70.