CRIMINAL ASSETS CONFISCATION ACT 2005
Table of Provisions
PART 1--Preliminary
- 1 Short title
- 3 Interpretation
- 4 Meaning of abscond
- 5 Meaning of convicted of an offence
- 6 Meaning of effective control
- 6A Meaning of prescribed drug offender
- 7 Meaning of proceeds and instrument of an offence
- 8 Meaning of quashing a conviction
- 8A Certain property and benefits not subject to proceedings under Act
- 9 Act binds Crown
- 10 Application of Act
- 11 Interaction with other Acts
- 11A Application of Personal Property Securities Act
- 12 Corresponding laws
- 13 Delegation
- 14 Jurisdiction of Magistrates Court
PART 2--Freezing orders
- 15 Interpretation
- 16 Commissioner may authorise police officers for purposes of Part
- 17 Authorised police officer may apply for freezing order
- 18 Urgent applications
- 19 Notice of freezing order to be given to financial institution
- 20 Effect of freezing order
- 21 Duration of freezing order
- 22 Failure to comply with freezing order
- 23 Offence to disclose existence of freezing order
PART 3--Restraining orders
Division 1--Restraining orders
- 24 Restraining orders
- 25 Notice of application
- 26 Refusal to make an order for failure to give undertaking
- 27 Order allowing expenses to be paid out of restrained property
- 28 Excluding property from or revoking restraining orders in certain cases when expenses are not allowed
Division 2--Giving effect to restraining orders
- 29 Notice of a restraining order
- 30 Registering restraining orders
- 31 Notifying registration authorities of exclusions from or variations to restraining orders
- 32 Court may set aside a disposition contravening a restraining order
- 33 Contravening restraining orders
Division 3--Excluding property from restraining orders
- 34 Court may exclude property from restraining order
- 35 Application to exclude property from a restraining order after notice of the application for the order
- 36 Application to exclude property from a restraining order after notice of the order
- 37 Application not to be heard unless DPP has had reasonable opportunity to conduct an examination
- 38 Giving security etc to exclude property from a restraining order
Division 4--Further orders
- 39 Court may order Administrator to take custody and control of property
- 40 Ancillary orders
- 41 Contravening ancillary orders relating to foreign property
Division 5--Duration of restraining orders
- 42 When a restraining order comes into force
- 43 Application to revoke a restraining order
- 44 Giving security etc to revoke a restraining order
- 45 Notice of revocation of a restraining order
- 46 Cessation of restraining orders
PART 4--Forfeiture
Division 1--Forfeiture orders
Subdivision 1--Forfeiture orders- 47 Forfeiture orders
- 48 Instrument substitution declarations
- 49 Additional application for a forfeiture order
- 50 Notice of application
- 51 Procedure on application
- 52 Amending an application
- 53 Forfeiture orders can extend to other interests in property
- 54 Forfeiture orders must specify the value of forfeited property
- 55 Declaration by court in relation to buying back interests in forfeited property
- 56 Court may make supporting directions Subdivision 1A--Deemed forfeiture orders
- 56A Prescribed drug offenders
- 56B Court may declare that property has been forfeited under this Subdivision Subdivision 2--Reducing the effect of forfeiture orders
- 57 Relieving certain dependants from hardship
- 58 Making exclusion orders before forfeiture order made
- 59 Making exclusion orders after forfeiture
- 59A Exclusion orders based on cooperation with law enforcement agency
- 59B Exclusion orders based on financial interests of Crown etc
- 60 Applying for exclusion orders
- 61 Making compensation orders
- 62 Applying for compensation orders
- 62A No exclusion or compensation where forfeiture taken into account in sentencing Subdivision 3--The effect of acquittals and quashing of convictions
- 63 Certain forfeiture orders unaffected by acquittal or quashing of conviction
- 64 Discharge of conviction based forfeiture order on quashing of conviction
- 65 Notice of application for confirmation of forfeiture order
- 66 Procedure on application for confirmation of forfeiture order
- 67 Court may confirm forfeiture order
- 68 Effect of court's decision on confirmation of forfeiture order
- 69 Administrator must not deal with forfeited property before the court decides on confirmation of forfeiture order
- 70 Giving notice if a forfeiture order is discharged on appeal or by quashing of a conviction
- 71 Returning property etc following the discharge of a forfeiture order Subdivision 4--Buying back interests in forfeited property etc
- 72 A person may buy back interest in forfeited property
- 73 A person may buy out another person's interest in forfeited property
Division 2--Forfeiture on conviction of a serious offence
Subdivision 1--Forfeiture on conviction of a serious offence- 74 Forfeiting restrained property without forfeiture order if person convicted of serious offence
- 75 Extended period
- 76 Excluding property from forfeiture under this Division
- 76AA Excluding property based on cooperation with law enforcement agency
- 76A No exclusion where forfeiture taken into account in sentencing
- 77 Court may declare that property has been forfeited under this Division Subdivision 2--Recovery of forfeited property
- 78 Court may make orders relating to transfer of forfeited property etc
- 79 Court may make orders relating to buying back forfeited property
- 80 Applying for orders under sections 78 and 79 81. A person may buy back interest in forfeited property
- 82 A person may buy out another person's interest in forfeited property Subdivision 3--The effect of acquittals and quashing of convictions
- 83 The effect on forfeiture of convictions being quashed
- 84 Notice of application for confirmation of forfeiture
- 85 Procedure on application for confirmation of forfeiture
- 86 Court may confirm forfeiture
- 87 Effect of court's decision on confirmation of forfeiture
- 88 Administrator must not deal with forfeited property before the court decides on confirmation of forfeiture
- 89 Giving notice if forfeiture ceases to have effect on quashing of a conviction
Division 3--Forfeited property
- 90 What property is forfeited and when
- 91 When the Crown can begin dealing with property specified in a forfeiture order
- 92 When the Crown can begin dealing with property forfeited under section 74 93. How forfeited property must be dealt with
- 94 Dealings with forfeited property
PART 5--Other confiscation orders
Division 1--Pecuniary penalty orders
Subdivision 1--Pecuniary penalty orders- 95 Making pecuniary penalty orders
- 96 Additional application for pecuniary penalty order
- 97 Pecuniary penalty orders made in relation to serious offence convictions
- 98 Making of pecuniary penalty order if person has absconded
- 98A Property subject to a person's effective control Subdivision 2--Pecuniary penalty order amounts
- 99 Determining penalty amounts
- 100 Evidence the court is to consider in assessing the value of benefits
- 101 Value of benefits derived
- 102 Value of benefits may be as at time of assessment
- 103 Matters that do not reduce the value of benefits
- 104 Benefits and instruments already the subject of pecuniary penalty
- 106 Effect of property vesting in an insolvency trustee
- 107 Reducing penalty amounts to take account of forfeiture and proposed forfeiture
- 108 Reducing penalty amounts to take account of fines etc
- 109 Varying pecuniary penalty orders to increase penalty amounts
Division 2--Literary proceeds orders
Subdivision 1--Literary proceeds orders- 110 Meaning of literary proceeds
- 111 Making literary proceeds orders
- 112 Matters taken into account in deciding whether to make literary proceeds orders Subdivision 2--Literary proceeds amounts
- 113 Determining literary proceeds amounts
- 114 Deductions from literary proceeds amounts
- 115 Varying literary proceeds orders to increase literary proceeds amounts Subdivision 3--Literary proceeds amounts may cover future literary proceeds
- 116 Literary proceeds orders can cover future literary proceeds
- 117 Enforcement of literary proceeds orders in relation to future literary proceeds
Division 3--Matters generally applicable to orders under this Part
Subdivision 1--Applications for confiscation orders under this Part- 118 Notice of application
- 119 Amending an application Subdivision 2--Ancillary orders
- 120 Ancillary orders Subdivision 3--Reducing pecuniary penalty amount or literary proceeds amount
- 121 Reducing penalty amounts and literary proceeds amounts to take account of tax paid Subdivision 4--Enforcement
- 122 Enforcement of confiscation orders under this Part
- 123 Property subject to a person's effective control Subdivision 5--Effect of acquittals and quashing of convictions
- 124 Acquittals do not affect confiscation orders under this Part
- 125 Discharge of confiscation order under this Part if made in relation to a conviction
- 126 Confiscation order under this Part unaffected if not made in relation to a conviction
- 127 Notice of application for confirmation of confiscation order under this Part
- 128 Procedure on application for confirmation of confiscation order under this Part
- 129 Court may confirm confiscation order under this Part
- 130 Effect of court's decision on confirmation of confiscation order under this Part
PART 6--Information gathering
Division 1--Examinations
Subdivision 1--Examination orders- 131 Examination orders relating to restraining orders
- 132 Examination orders relating to applications for confirmation of forfeiture Subdivision 2--Examination notices
- 133 Examination notices
- 134 Form and content of examination notices Subdivision 3--Conducting examinations
- 135 Time and place of examination
- 136 Requirements made of person examined
- 137 Examination to take place in private
- 138 Role of the examinee's legal practitioner during examination
- 139 Record of examination
- 140 Questions of law
- 141 DPP may restrict publication of certain material
- 142 Protection of DPP etc Subdivision 4--Offences
- 143 Failing to attend an examination
- 144 Offences relating to appearance at an examination
- 145 Self-incrimination
- 146 Unauthorised presence at an examination
- 147 Breaching conditions on which records of statements are provided
- 148 Breaching directions preventing or restricting publication
Division 2--Production orders
- 149 Interpretation
- 150 Making production orders
- 151 Contents of production orders
- 152 Powers under production orders
- 153 Retaining produced documents
- 154 Self-incrimination
- 155 Varying production orders
- 156 Making false statements in applications
- 157 Disclosing existence or nature of production orders
- 158 Failing to comply with a production order
- 159 Destroying etc a document subject to a production order
Division 3--Notices to financial institutions
- 160 Giving notices to financial institutions
- 161 Immunity from liability
- 162 Making false statements in notices
- 163 Disclosing existence or nature of notice
- 164 Failing to comply with a notice
Division 4--Monitoring orders
- 165 Making monitoring orders
- 166 Contents of monitoring orders
- 167 Immunity from liability
- 168 Making false statements in applications
- 169 Disclosing existence or operation of monitoring order
- 170 Failing to comply with monitoring order
Division 5--Search and seizure
Subdivision 1--Preliminary- 171 Interpretation Subdivision 2--Search warrants
- 172 Warrants authorising seizure of property
- 173 Applications for warrants
- 174 Powers conferred by warrant
- 175 Hindering execution of warrant
- 176 Person with knowledge of a computer or a computer system to assist access etc
- 177 Providing documents after execution of a search warrant Subdivision 3--Seizure without warrant
- 178 Seizure without warrant allowed in certain circumstances
- 179 Stopping and searching vehicles Subdivision 4--Dealing with material liable to seizure under this Act
- 180 Receipts for material seized
- 181 Responsibility for material seized
- 182 Effect of obtaining forfeiture orders
- 183 Returning seized material
- 184 Magistrate may order that material be retained
- 185 Return of seized material to third parties
- 186 Return of seized material if applications are not made for restraining orders or forfeiture orders
- 187 Effect of obtaining restraining orders
- 188 Effect of refusing applications for restraining orders or forfeiture orders Subdivision 5--Miscellaneous
- 189 Making false statements in applications
PART 7--Administration
Division 1--Powers and duties of the Administrator
Subdivision 1--Preliminary- 190 Appointment of Administrator
- 191 Property to which the Administrator's powers and duties under this Division apply Subdivision 2--Obtaining information about controlled property
- 192 Access to documents
- 193 Suspect to assist Administrator
- 194 Power to obtain information and evidence
- 195 Self-incrimination
- 196 Failure of person to attend
- 197 Refusal to be sworn or give evidence etc Subdivision 3--Dealings relating to controlled property
- 198 Preserving controlled property
- 199 Rights attaching to shares
- 200 Destroying or disposing of property
- 201 Objection to proposed destruction or disposal
- 202 Procedure if person objects to proposed destruction or disposal
- 203 Proceeds from sale of property Subdivision 4--Discharging pecuniary penalty orders and literary proceeds orders
- 204 Direction by a court to the Administrator
- 205 Administrator not to carry out directions during appeal periods
- 206 Discharge of pecuniary penalty orders and literary proceeds orders
Division 2--Legal assistance
- 207 Payments to Legal Services Commission for representing suspects and other persons
- 208 Disclosure of information to Legal Services Commission
Division 3--Credits to funds
- 209 Credits to Victims of Crime Fund
- 209A Credits to Justice Rehabilitation Fund
Division 3A--National cooperative scheme on unexplained wealth
- 209B Interpretation
- 209C Application of Division--National Cooperative Scheme
- 209D Notification of shareable proceeds
- 209E Contribution by foreign jurisdiction
- 209F Net amount
- 209G CJC subcommittee
- 209H Payment to contributing non-participating State
- 209I Payment to contributing CJC members
- 209J Payment period
- 209K Payment to Victims of Crime Fund or Justice Rehabilitation Fund
Division 4--Charges on property
Subdivision 1--Charge to secure certain amounts payable to the Crown- 210 Charge on property subject to restraining order Subdivision 2--Charge to secure certain amounts payable to Legal Services Commission
- 211 Legal Services Commission charges Subdivision 3--Registering and priority of charges
- 212 Charges may be registered
- 213 Priority of charges
PART 8--Miscellaneous
- 214 Authorised officers to be issued identity cards
- 216 Manner of giving notices etc
- 217 Registration of orders made under corresponding laws
- 218 Certain proceedings to be civil
- 219 Consent orders
- 220 Onus and standard of proof
- 221 Applications to certain courts
- 222 Proof of certain matters
- 223 Stay of proceedings
- 224 Effect of confiscation scheme on sentencing
- 225 Deferral of sentencing pending determination of confiscation order
- 226 Appeals
- 227 Costs and exemplary or punitive damages
- 228 Interest
- 229 Effect of a person's death
- 229A Annual report relating to prescribed drug offenders
- 230 Regulations