Queensland Numbered Acts

CRIMINAL PROCEEDS CONFISCATION AND OTHER ACTS AMENDMENT ACT 2009 No. 2

TABLE OF PROVISIONS

           Contents

           Part 1--Preliminary

   1.      Short title
   2.      Commencement

           Part 2--Amendment of Criminal Proceeds Confiscation Act 2002

   3.      Act amended in pt 2
   4.      Insertion of new s 5A
   5.      Amendment of s 16 (Meaning of serious crime related activity)
   6.      Amendment of s 17 (Meaning of serious criminal offence)
   7.      Amendment of s 20 (Meaning of effective control of property)
   8.      Amendment of s 28 (Application for restraining order)
   9.      Amendment of s 29 (Affidavit)
   10.     Amendment of s 37 (Supreme Court may make other orders)
   11.     Insertion of new s 37A
   12.     Replacement of s 38 (Particular orders Supreme Court may make)
   13.     Insertion of new s 38A
   14.     Omission of ch 2, pt 3, div 4, sdiv 1, s 38A (Meaning of judicial registrar for subdiv 1)
   15.     Replacement of s 39 (Judicial registrar's power to conduct examinations)
   16.     Amendment of s 39B (Examination to take place in private)
   17.     Amendment of s 39C (Role of the examinee's lawyer)
   18.     Amendment of s 39D (Recording evidence)
   19.     Amendment of s 41 (Offence to contravene examination order)
   20.     Insertion of new s 41A
   21.     Insertion of new s 42A
   22.     Amendment of s 45 (Notice of restraining order and other orders)
   23.     Amendment of s 47 (Supreme Court may exclude prescribed respondent's property from restraining order)
   24.     Amendment of s 49 (Supreme Court may exclude other property from restraining order)
   25.     Insertion of new of s 58A
   26.     Amendment of s 65 (Exclusion of property from forfeiture order application)
   27.     Amendment of s 66 (Exclusion of property from forfeiture order)
   28.     Amendment of s 71 (Exclusion of value of innocent interest from forfeiture order)
   29.     Amendment of s 78 (Making of proceeds assessment order)
   30.     Amendment of s 80 (Proceeds assessment order increase if forfeiture order discharged)
   31.     Amendment of s 83 (How particular amounts may be treated)
   32.     Amendment of s 88 (Charge on property)
   33.     Amendment of s 103 (Meaning of effective control)
   34.     Amendment of s 126 (Conditions about particular payments out of restrained property)
   35.     Amendment of s 129 (Supreme Court may make other orders)
   36.     Insertion of new s 129A
   37.     Replacement of s 130 (Particular orders Supreme Court may make)
   38.     Insertion of new s 130A
   39.     Omission of ch 3, pt 3, div 5, sdiv 1, s 130A (Meaning of judicial registrar for subdiv 1)
   40.     Replacement of s 131 (Judicial registrar's power to conduct examinations)
   41.     Amendment of s 131B (Examination to take place in private)
   42.     Amendment of s 131C (Role of the examinee's lawyer)
   43.     Amendment of s 131D (Recording evidence)
   44.     Amendment of s 133 (Offence to contravene examination order)
   45.     Insertion of new s 133A
   46.     Insertion of new s 134A
   47.     Amendment of s 135 (Notice of restraining order)
   48.     Amendment of s 139 (Supreme Court may exclude prescribed respondent's property from restraining order)
   49.     Amendment of s 140 (Supreme Court may exclude other property from restraining order)
   50.     Insertion of new ch 3, pt 4, div 2A
   51.     Amendment of s 158 (Making an innocent interest exclusion order)
   52.     Amendment of s 186 (Pecuniary penalty order increase if forfeiture order discharged)
   53.     Amendment of s 236 (Cancellation of filing)
   54.     Insertion of new ch 8, pt 2, div 1, hdg and div 2, hdg
   55.     Amendment of s 249 (Communication of information by financial institutions to particular officers)
   56.     Insertion of new ch 8, pt 2, div 3
   57.     Amendment of s 250 (Money laundering)
   58.     Insertion of new s 256A
   59.     Replacement of s 257 (Restriction on functions)
   60.     Omission of s 266 (Review of Act)
   61.     Amendment of ch 12, hdg (Transitional provisions, repeal and amendments)
   62.     Amendment of ch 12, pt 1, hdg (Transitional provisions)
   63.     Insertion of new ch 12, pt 3
   64.     Amendment of schedule 1 (Examples)
   65.     Amendment of schedule 1 (Examples)
   66.     Amendment of sch 6 (Dictionary)

           Part 3--Amendment of Fair Trading Act 1989

   67.     Act amended in pt 3
   68.     Amendment of s 71A (Exemptions from division for particular contracts or types of contract)
   69.     Insertion of new pt 9

           Part 4--Amendment of Security Providers Act 1993

   70.     Act amended in pt 4
   71.     Amendment of s 10 (Application)
   72.     Amendment of s 11 (Entitlement to licences—individuals)
   73.     Amendment of s 13 (Entitlement to licences—corporations or firms)
   74.     Amendment of s 21 (Grounds for suspension, cancellation or refusal to renew)
   75.     Insertion of new s 21A
   76.     Insertion of new s 25B
   77.     Amendment of pt 2, div 6, hdg (Appeals against licence decisions)
   78.     Amendment of s 26 (Right to appeal to the Court)
   79.     Amendment of sch 2 (Dictionary)

           Part 5--Amendment of Trusts Act 1973

   80.     Act amended in pt 5
   81.     Amendment of s 5 (Definitions)
   82.     Amendment of s 67 (Protection of trustees by means of advertisements)
   83.     Renumbering of pts 9 and 10 and ss 107 to 115
   84.     Insertion of new pt 9
   85.     Amendment of pt 11 hdg as renumbered
   86.     Insertion of new pt 12