CRIMINAL PROCEEDS CONFISCATION ACT 2002 - As at 27 September 2021 - Act 68 of 2002
Table of Provisions
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
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 sdiv 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
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
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
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
- 80A Notice of proceeds assessment order
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
Division 4 - Hardship orders
- 89A Application for hardship order
- 89B When Supreme Court may give leave for s 89A
- 89C Making of hardship order
- 89D Property not to be disposed of during hardship order period
PART 5A - UNEXPLAINED WEALTH ORDERS
Division 1 - Application for, and making and variation of, unexplained wealth orders
- 89E Meaning of current or previous wealth
- 89F Application for unexplained wealth order
- 89G Making of unexplained wealth order
- 89H Amount payable under unexplained wealth order
- 89I Unexplained wealth order increase if forfeiture ends etc.
- 89J Notice of unexplained wealth order
Division 2 - Assessment of value of unexplained wealth
Division 3 - Operation of unexplained wealth orders
- 89M Unexplained wealth order amount is debt payable to State
- 89N Enforcement of order against property under effective control
- 89O Charge on property
- 89P Effect of other actions on unexplained wealth order
Division 4 - Hardship orders
- 89Q Application for hardship order
- 89R When Supreme Court may give leave for s 89Q
- 89S Making of hardship order
- 89T Property not to be disposed of during hardship order period
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 2A - SERIOUS DRUG OFFENDER CONFISCATION ORDER SCHEME
PART 1 - PRELIMINARY
PART 2 - INTERPRETATION
- 93C Definitions for ch 2A
- 93D Meaning of effective control
- 93E Meaning of protected property
- 93F Meaning of qualifying offence and pre-qualifying offence
PART 3 - RESTRAINING ORDERS
Division 1 - Interpretation
- 93G Definition for pt 3
Division 2 - Making and hearing of application for restraining order
- 93H Application for restraining order
- 93I Affidavit—general requirements
- 93J Particular requirements for affidavit relating to relevant property that is not prescribed respondent’s property
- 93K Notice of application for restraining order
- 93L Hearing of application
Division 3 - Making restraining orders
- 93M Making restraining order
- 93N Absence of risk does not prevent making of order
- 93O Conditions of restraining order
- 93P Conditions about dealing with property by agreement
- 93Q Conditions about particular payments out of restrained property
- 93R Restraining order may direct public trustee to take control of property
- 93S Duration of restraining order
Division 4 - Making other orders
- 93T Supreme Court may make other orders
- 93U Hearing of application
- 93V Administration orders Supreme Court may make
- 93W Investigation orders Supreme Court may make
Division 5 - Provisions about particular orders
Subdivision 1 - Examination orders- 93X Court officer’s power to conduct examinations
- 93Y Time and place of examination
- 93Z Examination to take place in private
- 93ZA Role of the examinee’s lawyer
- 93ZB Recording evidence
- 93ZC Privilege—examination order
- 93ZD Offence to contravene examination order
- 93ZE Use and dissemination of examination information Subdivision 2 - Property particulars orders
- 93ZF Privilege—property particulars order
- 93ZG Offence to contravene property particulars order Subdivision 3 - Property seizure orders
- 93ZH If property seizure order directed to commission officer
- 93ZI If property seizure order directed to police officer
Division 6 - Notice of restraining orders and other orders
- 93ZJ Notice of restraining order and other orders
Division 7 - Exclusion of property from restraining order
Subdivision 1 - Application by prescribed respondent- 93ZK Supreme Court may exclude prescribed respondent’s property from restraining order
- 93ZL When Supreme Court may exclude prescribed respondent’s property Subdivision 2 - Application by person other than prescribed respondent
- 93ZM Supreme Court may exclude other property from restraining order
- 93ZN When Supreme Court may exclude applicant’s property
Division 8 - Extension of restraining orders
- 93ZO Extension of restraining order
Division 9 - Sale of restrained property
- 93ZP Supreme Court may order sale of restrained property
Division 10 - Revocation of restraining orders
Division 11 - Other provisions about restraining orders
- 93ZS Restraining order to be registered
- 93ZT Contravention of restraining order
- 93ZU Restraining order does not prevent other action under this Act
- 93ZV Effect of dismissal of particular applications on restraining order
- 93ZW Authority under restraining order
PART 4 - SERIOUS DRUG OFFENDER CONFISCATION ORDERS
Division 1 - Interpretation
- 93ZX Definition for pt 4
- 93ZY Meaning of serious drug offender confiscation order
Division 2 - Applications for serious drug offender confiscation orders
- 93ZZ Application for serious drug offender confiscation order
- 93ZZA Response by prescribed respondent
Division 3 - Making and effect of serious drug offender confiscation order
- 93ZZB Making of serious drug offender confiscation order
- 93ZZC Particular property forfeited only if listed in serious drug offender confiscation order
- 93ZZD Serious drug offender confiscation order may provide for discharge of encumbrance
- 93ZZE Notice of serious drug offender confiscation order
- 93ZZF Effect of serious drug offender confiscation order
- 93ZZG Forfeited property not to be disposed of during hardship order period
- 93ZZH Dealing with property forfeited under serious drug offender confiscation order prohibited
- 93ZZI Effect of death
- 93ZZJ Effect of death of joint owner of restrained property
- 93ZZK Effect of appeal against conviction
- 93ZZL Effect of amendment of serious drug offence certificate after serious drug offender confiscation order made
- 93ZZM Ch 2A restraining order does not prevent making of ch 2 or 3 restraining order
- 93ZZN Restriction on orders if serious drug offender confiscation order is applied for or made
Division 4 - Hardship orders
- 93ZZO Application for hardship order
- 93ZZP When Supreme Court may give leave for s 93ZZO
- 93ZZQ Making of hardship order
- 93ZZR Hardship orders court may make
Division 5 - Discharge of serious drug offender confiscation order
- 93ZZS Circumstances in which serious drug offender confiscation order is discharged
- 93ZZT Notice after discharge of serious drug offender confiscation order
- 93ZZU Request for Attorney-General to return property
- 93ZZV Application for order declaring value of property
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
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
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 and interstate pecuniary penalty 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
PART 4 - OTHER 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
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
- 264A Payment of amount under equitable sharing program
CHAPTER 11 - GENERAL
- 265 Admissibility of evidence obtained under Crime and Corruption Act 2001
- 266 Other evidentiary matters
- 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
PART 4 - TRANSITIONAL PROVISIONS FOR CRIMINAL PROCEEDS CONFISCATION (UNEXPLAINED WEALTH AND SERIOUS DRUG OFFENDER CONFISCATION ORDER) AMENDMENT ACT 2013
- 290 Definitions for pt 4
- 291 Transitional provision for ss 28, 29 and 58A
- 292 Hardship order provisions do not apply in relation to existing proceeds assessment orders etc.
- 293 Transitional provision for s 90
- 294 Transitional provision for unexplained wealth orders
PART 5 - TRANSITIONAL PROVISION FOR SERIOUS AND ORGANISED CRIME LEGISLATION AMENDMENT ACT 2016
- 295 Relevant money laundering proceedings started before commencement
PART 6 - TRANSITIONAL PROVISIONS FOR CRIMINAL LAW AMENDMENT ACT 2017
- 296 Definition for part
- 297 Restraining orders made before commencement
- 298 Forfeiture orders made before commencement
- 299 Serious drug offender confiscation orders made before commencement