CRIMINAL PROCEEDS CONFISCATION ACT 2002

Queensland Consolidated Acts

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CRIMINAL PROCEEDS CONFISCATION ACT 2002

TABLE OF PROVISIONS

Long Title

Contents

CHAPTER 1--INTRODUCTION

1. Short title
2. Commencement
3. Definitions
4. Objects
5. Act binds State
5A. Territorial application of Act
6. Notes
7. Examples in sch 1
8. Proceedings are civil, not criminal
9. Orders under this Act not a sentence
10. Operation of other laws not affected
11. Interstate operation of particular orders
12. Proceedings by the State and meaning of appropriate officer

CHAPTER 2--CONFISCATION WITHOUT CONVICTION

Part 1--Preliminary

13. Explanation of ch 2
14. Application of ch 2

Part 2--Interpretation

Division 1--References to relevant offences

15. Meaning of illegal activity
16. Meaning of serious crime related activity and external serious crime related activity
17. Meaning of serious criminal offence

Division 2--References to proceeds, property and benefits

18. Meaning of proceeds
19. Meaning of property
20. Meaning of effective control of property
21. Meaning of benefit and benefit derived

Division 3--References to illegally acquired property and serious crime derived property
Subdivision 1--Meaning of particular property related terms

22. Meaning of illegally acquired property
23. Meaning of serious crime derived property
Subdivision 2--Provisions about continuing application of subdivision 1 to illegally acquired property and serious crime derived property
24. Definitions for subdiv 2
25. Property retains its character despite disposal
26. When property stops being illegally acquired property or serious crime derived property
27. Property may again become illegally acquired property or serious crime derived property

Part 3--Restraining orders

Division 1--Application for restraining orders

28. Application for restraining order
29. Affidavit
30. Notice of application

Division 2--Making restraining orders

30A. Hearing of application
31. Making restraining order
32. Conditions of restraining order
33. Condition about dealing with property by agreement
34. Condition about particular payments out of restrained property
35. Restraining order may direct public trustee to take control of property
36. Duration of restraining order

Division 3--Making other orders

37. Supreme Court may make other orders
37A. Hearing of application
38. Administration orders Supreme Court may make
38A. Investigation orders Supreme Court may make

Division 4--Provisions about particular orders
Subdivision 1--Examination orders

39. Court officer's power to conduct examinations
39A. Time and place of examination
39B. Examination to take place in private
39C. Role of the examinee's lawyer
39D. Recording evidence
40. Privilege—examination order
41. Offence to contravene examination order
41A. Use and dissemination of examination information
Subdivision 2--Property particulars orders
42. Privilege—property particulars order
Subdivision 3--Property seizure orders
42A. Offence to contravene property particulars order
43. If property seizure order directed to commission officer
44. If property seizure order directed to police officer

Division 5--Notice of restraining order and other orders

45. Notice of restraining order and other orders

Division 6--Sale of restrained property

46. Supreme Court may order sale of restrained property

Division 7--Exclusion of property from restraining order
Subdivision 1--Application by prescribed respondent

47. Supreme Court may exclude prescribed respondent's property from restraining order
48. When Supreme Court may exclude prescribed respondent's property
Subdivision 2--Application by person other than prescribed respondent
49. Supreme Court may exclude other property from restraining order
50. When Supreme Court may exclude applicant's property

Division 7A--Revocation of restraining order

50A. Application to revoke restraining order
50B. Notice of revocation of restraining order

Division 8--Other provisions about restraining orders

51. Recording of restraining order
52. Contravention of restraining order
53. Restraining order does not prevent other action under this Act
54. Effect of dismissal of particular applications on restraining order
55. Authority under restraining order

Part 4--Forfeiture orders

Division 1--Making and effect of forfeiture orders

56. Application for forfeiture order
57. Notice of application
58. Making forfeiture order
58A. Forfeiture order relating to external serious crime related activity
59. Effect of forfeiture order
60. Dealing with forfeited property prohibited
61. Effect of quashing of conviction on forfeiture order

Division 2--Other orders
Subdivision 1--Orders for relief from hardship

62. Relief from hardship for dependants
Subdivision 2--Orders about encumbrances
63. Forfeiture order may provide for discharge of encumbrance
Subdivision 3--Releasing property from effect of forfeiture order
64. Order for release of property from forfeiture order
Subdivision 4--Exclusion of property from forfeiture under exclusion order
65. Exclusion of property from forfeiture order application
66. Exclusion of property from forfeiture order
67. When Supreme Court may give leave for s 66
68. Making of exclusion order
69. What is an exclusion order
70. Effect of exclusion order
Subdivision 5--Exclusion of interest from forfeiture under innocent interest exclusion order
71. Exclusion of value of innocent interest from forfeiture order
72. When Supreme Court may give leave for s 71
73. Making of innocent interest exclusion order
74. What is an innocent interest exclusion order

Division 3--Release and buying back interests

75. Effect of payment under release order
76. Buying out other interests under court order

Part 5--Proceeds assessment orders

Division 1--Application for, and making of, proceeds assessment orders

77. Application for proceeds assessment order
78. Making of proceeds assessment order
79. Amount must be stated in proceeds assessment order
80. Proceeds assessment order increase if forfeiture order discharged

Division 2--Assessment of value of proceeds

81. Application of div 2
82. Matters to which Supreme Court must have regard
83. How particular amounts may be treated
84. Particular amounts not to be deducted
85. Evidence by prescribed officer

Division 3--Other provisions about proceeds assessment orders

86. Proceeds assessment order amount is debt payable to State
87. Enforcement of order against property under effective control
88. Charge on property
89. Effect of other actions on proceeds assessment order

Part 6--General

90. Serious crime related activity can form basis of a number of orders
91. Effect of death of person involved
92. Effect of death of joint owner of restrained property
93. No stay of proceedings

CHAPTER 3--CONFISCATION AFTER CONVICTION

Part 1--Preliminary

94. Explanation of ch 3
95. Application of ch 3
96. Matters ch 3 does not apply to
97. Application may be made for more than 1 order
98. Constitution of court

Part 2--Interpretation

Division 1--References to relevant offences

99. Meaning of confiscation offence
100. Meaning of serious criminal offence

Division 2--References to property and benefits

101. Meaning of benefit
102. Meaning of benefit derived
103. Meaning of effective control
104. Meaning of tainted property

Division 3--References to relevant criminal proceedings

105. Meaning of charge if complaint made
106. Meaning of convicted of offence
107. Meaning of quash a conviction
108. Meaning of related offence
109. Meaning of unamenable to justice
110. Unamenable to justice if person absconds
111. Unamenable to justice if person dead
112. Unamenable to justice if person not fit for trial
113. Unamenable to justice if warrant issued but not executed
114. Unamenable to justice if no extradition order at end of extradition proceeding
115. Unamenable to justice for another reason

Part 3--Restraining orders

Division 1--Definitions

116. Definitions for pt 3

Division 2--Application for restraining order

117. Application for restraining order
118. Affidavit—general requirements
119. Particular requirements for affidavit relating to relevant property that is not prescribed respondent's property
120. Notice of application for restraining order
121. Hearing of application

Division 3--Making restraining orders and other orders

122. Making restraining order
123. Absence of risk does not prevent making of order
124. Conditions of restraining order
125. Conditions about dealing with property by agreement
126. Conditions about particular payments out of restrained property
127. Restraining order may direct public trustee to take control of property
128. Duration of restraining order

Division 4--Making other orders

129. Supreme Court may make other orders
129A. Hearing of application
130. Administration orders Supreme Court may make
130A. Investigation orders Supreme Court may make

Division 5--Provisions about particular orders
Subdivision 1--Examination orders

131. Court officer's power to conduct examinations
131A. Time and place of examination
131B. Examination to take place in private
131C. Role of the examinee's lawyer
131D. Recording evidence
132. Privilege—examination order
133. Offence to contravene examination order
133A. Use and dissemination of examination information
Subdivision 2--Property particulars orders
134. Privilege—property particulars order
134A. Offence to contravene property particulars order

Division 6--Notice of restraining orders

135. Notice of restraining order

Division 7--Extension and setting aside of restraining orders

136. Extension of restraining order
137. Restraining order may be set side

Division 8--Sale of restrained property

138. Supreme Court may order sale of restrained property

Division 9--Exclusion of particular property from restraining order

139. Supreme Court may exclude prescribed respondent's property from restraining order
140. Supreme Court may exclude other property from restraining order
141. Supreme Court may declare restrained property is not subject to automatic forfeiture

Division 10--Other provisions about restraining orders

142. Restraining order to be registered
143. Contravention of restraining order
144. Restraining order does not prevent other action under this Act
145. Authority under restraining order

Part 4--Forfeiture orders

Division 1--Applications for forfeiture orders

146. Application for forfeiture order
147. Notice of application

Division 2--Making and effect of forfeiture orders

148. Amendment of application
149. Procedure on application
150. Limitation on powers of Magistrates Courts
151. Making forfeiture order
152. Forfeiture order may provide for discharge of encumbrance
153. Effect of forfeiture

Division 2A--Tainted property substitution declaration

153A. Definitions for div 2A
153B. References to property that is not available for forfeiture
153C. Application for tainted property substitution declaration
153D. Court may make tainted property substitution declaration
153E. Restraining order for property that may become subject to a tainted property substitution declaration

Division 3--Orders releasing or excluding property from effect of particular orders

154. Order for release of property from forfeiture order
155. Exclusion of property from forfeiture order application
156. Exclusion of property from forfeiture order
157. When court may give leave for s 156
158. Making of innocent interest exclusion order
159. What is an innocent interest exclusion order

Division 4--Discharge of forfeiture orders

160. Discharge of forfeiture order

Part 5--Automatic forfeiture

161. Definitions for pt 5
162. Application of pt 5
163. Automatic forfeiture of restrained property
164. Effect of automatic forfeiture
165. Third party protection from automatic forfeiture
166. When Supreme Court may give leave for s 165
167. When Supreme Court may make third party order
168. What is a third party order
169. When Supreme Court may make buy-back order
170. What is a buy-back order

Part 6--Other provisions about forfeiture

171. Dealing with forfeited property prohibited
172. Effect of payment under buy-back order or release order
173. Buying out other interests under court order
174. Notice after conviction quashed or forfeiture order discharged
175. If Attorney-General asked to return property
176. If application for order declaring value of property
177. Rehearing

Part 7--Pecuniary penalty orders

Division 1--Application for pecuniary penalty order

178. Pecuniary penalty order application
179. Notice of application
180. Right to appear
181. Amendment of application
182. Procedure on application
183. Limitation on powers of Magistrates Courts

Division 2--Making of pecuniary penalty order

184. Pecuniary penalty orders
185. Discharge of pecuniary penalty order to the extent of automatic forfeiture
186. Pecuniary penalty order increase if forfeiture order discharged

Division 3--Assessment of benefits

187. Assessment of benefits
188. Procedure if application relating to 1 confiscation offence
189. Procedure if application relating to more than 1 confiscation offence
190. Property that may be taken into account for assessment
191. Property under effective control
192. Particular benefits not to be taken into account
193. Expenses and outgoings
194. Evidence

Division 4--Other provisions

195. Discharge of pecuniary penalty order
196. Charge on restrained property under restraining order if pecuniary penalty order made
197. Pecuniary penalty order to be registered
198. Application of property under effective control for satisfying pecuniary penalty order
199. Rehearing

CHAPTER 4--SPECIAL FORFEITURE ORDERS

Part 1--Special forfeiture order application

200. Application for special forfeiture order
201. Notice of application
202. Making of special forfeiture order

Part 2--Assessment of benefits

203. Assessment of benefits
204. How particular amounts may be treated
205. Property that may be taken into account for assessment
206. Property under effective control
207. Expenses and outgoings

Part 3--Other provisions

208. Application of property under effective control for satisfying special forfeiture order
209. Effect of special forfeiture order
210. Application of amounts paid to the State under this chapter
211. Special forfeiture order to be registered

CHAPTER 5--PARTICULAR PROVISIONS ABOUT FORFEITURE OF PROPERTY

212. Chapter does not apply to particular property
213. Forfeited property not to be disposed of during appeal period
214. Disposal of forfeited property by State
215. Procedural matters about forfeiture
216. Filing of forfeiture certificate

CHAPTER 6--PROVISIONS ABOUT PARTICULAR GOVERNMENT ENTITIES

Part 1--Powers of public trustee

Division 1--Provisions for satisfying particular orders

217. Definition for div 1
218. Application of div 1
219. Public trustee may apply for order for satisfying liability because of confiscation order or automatic forfeiture
220. Application of proceeds to satisfy order
221. Effect of payment under s 220

Division 2--Other provisions

222. If public trustee directed to take control of restrained property
223. Public trustee's fees and charges
224. Public trustee's liability for rates etc.
225. Agents for public trustee
226. Obstruction

Part 2--Legal aid

227. Legal Aid Act
228. Matters not to be taken into account in deciding application for legal assistance
229. Legal Aid may require charge over property
230. Effect of forfeiture on charge

CHAPTER 7--INTERSTATE ORDERS AND WARRANTS

Part 1--Interpretation

231. Definitions for ch 7

Part 2--Provisions about filing interstate orders

232. Filing of interstate orders
233. Interim filing of facsimile copies
234. Effect of filing interstate forfeiture order
235. Effect of filing interstate restraining order
236. Cancellation of filing
237. Charge on property subject to filed interstate restraining order

Part 3--Provisions about property seized under interstate orders and search warrants

238. Pt 3 does not affect particular provisions
239. Interstate order about return of seized property
240. Order about property seized in another State for which court refuses to make forfeiture order
241. Application by person for return of property seized in another State
p
art 4
o
ther provisions
242. Public trustee may act as agent

CHAPTER 8--OBLIGATIONS OF FINANCIAL INSTITUTIONS

Part 1--Interpretation

243. Meaning of customer-generated financial transaction document
244. Meaning of essential customer-generated financial transaction document
245. Meaning of financial transaction document
246. Meaning of minimum retention period

Part 2--Provisions applying to financial institutions

Division 1--Records

247. Retention of records by financial institutions
248. Register of original documents

Division 2--Information volunteered by financial institutions

249. Communication of information by financial institutions to particular officers

Division 3--Notices to financial institutions

249A. Definition for div 3
249B. Giving notice to financial institution
249C. Prohibition on disclosure
249D. Protection from suits etc. in relation to action taken under s 249B
249E. Financial institution must comply with a notice

CHAPTER 9--OFFENCES

250. Money laundering
251. Charging of money laundering
252. Possession etc. of property suspected of being tainted property
253. Responsibility for acts or omissions of representatives

CHAPTER 10--MISCELLANEOUS PROVISIONS

Part 1--Arrangements to defeat operation of act

254. Definitions for part 1
255. Arrangements to defeat operation of Act
256. Orders for defeating arrangements

Part 2--Other provisions

256A. Consent orders
257. Restriction on functions
258. Publication of proceedings
259. Requirements to give notice
260. Sentencing court not to have regard to property forfeiture or pecuniary penalty
261. Costs incurred on variation of forfeiture or restraining orders on application by third parties
262. Costs
263. Appeals
264. Registration fees

CHAPTER 11--GENERAL

265. Evidentiary provision
267. Regulation-making power

CHAPTER 12--TRANSITIONAL PROVISIONS AND REPEAL PROVISION

Part 1--Transitional provisions for Act No. 68 of 2002

268. Definitions for ch 12
269. Incomplete proceedings for old orders
270. Incomplete rehearing proceedings
271. Interstate orders
272. Automatic forfeiture
273. Old forfeiture orders
274. Old pecuniary penalty orders
275. Old restraining orders
276. Particular orders about buying back interests in property
277. Property under the control of the public trustee
278. Persons unamenable to justice under old Act
279. Application for chapter 2 restraining order if property restrained under old restraining order
280. Other directions, orders and requirements
281. References to Crimes (Confiscation) Act 1989

Part 2--Repeal

282. Repeal of Crimes (Confiscation) Act 1989

Part 3--Transitional provisions for the Criminal Proceeds Confiscation and Other Acts Amendment Act 2009

283. Definition for this part
284. Property controlled by public trustee
285. Proceeds assessment order relating to an external serious crime related activity
286. Charges on property
287. Orders under ss 37 and 129
288. Exclusion of property from orders
289. Transitional provision for amendment of definition of dealing
SCHEDULE 1 -- EXAMPLES

Part 1--Illegally acquired property examples
1. Example 1
2. Example 2

Part 2--Proceeds assessment example
3. Example 1

Part 3--Tainted property examples
4. Example 1
5. Example 2
6. Example 3
7. Example 4
8. Example 5
9. Example 6

Part 4--Assessment of benefits examples
10. Example 1
11. Example 2
12. Example 3
13. Example 4
14. Example 5
15. Example 6
SCHEDULE 2 -- OFFENCES
SCHEDULE 6 -- DICTIONARY
Endnotes

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