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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

  • 13 Explanation of ch 2
  • 14 Application of ch 2

PART 2 - INTERPRETATION

Division 1 - References to relevant offences

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

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
  • 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

  • 89K Application of div 2
  • 89L Assessment for unexplained wealth order

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

  • 93A Explanation of ch 2A
  • 93B Application of ch 2A

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

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

  • 93ZQ Application to revoke restraining order
  • 93ZR Notice of revocation of restraining order

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

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

Division 2 - References to property and benefits

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

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

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

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

  • 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
  • 264A Payment of amount under equitable sharing program

CHAPTER 11 - GENERAL

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

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

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