CRIME (CONFISCATION OF PROFITS) ACT 1993
CRIME (CONFISCATION OF PROFITS) ACT 1993
- Act 20 of 1993 - Royal Assent 3 June 1993 TABLE OF PROVISIONS Long Title PART 1 - Preliminary 1. Short title 2. Commencement 3. Act to bind Crown 4. Interpretation 4A. Meaning of property-tracking document 4B. Meaning of commercial benefit 4C. Meaning of literary proceeds 5. Meaning of "convicted", &c. 5A. Person may be dealt with as if convicted in certain circumstances 6. Meaning of "absconded" 7. Meaning of "dealing with property or proceeds" 8. Effective control of property 9. Meaning of "appropriate court" 10. Application of provisions of Act PART 2 - Confiscation Division 1 - Applications for confiscation orders 11. Applications 12. Notice of applications 13. Amendment of applications 14. Making of confiscation order if person absconded 15. Procedure on applications Division 2 - Forfeiture orders 16. Forfeiture orders 17. Effect of forfeiture orders 18. Provisions relating to third parties 19. Discharge of forfeiture orders Division 3 - Pecuniary penalty orders 20. Application of Division 21. Pecuniary penalty orders 21A. Certain pecuniary penalty orders to be fines 22. Assessment of pecuniary penalties 23. Court may lift corporate veil, &c. 24. Discharge of pecuniary penalty orders Division 4 - Re-hearings 25. Re-hearings PART 3 - Restraining Orders 26. Restraining orders 27. Grounds for making restraining orders 28. Notice of applications for restraining orders 29. Notice of restraining orders to be given to affected persons 30. Court may make further orders 31. Public Trustee to discharge pecuniary penalty orders 32. Charges on property subject to restraining orders 33. Registration of restraining orders 34. Contravention of restraining orders 35. Obstruction of Public Trustee 36. Limitation on liability of Public Trustee 37. Costs payable to Public Trustee 38. Duration of restraining orders PART 4 - Search Warrants 39. Interpretation 40. Search warrants 41. Telephone warrants in respect of tainted property 42. Seizure of property pursuant to warrants 43. Search and arrest of persons pursuant to warrants 44. Issue of warrants if charges not laid 45. Commissioner responsible for seized property 46. Return of seized property 47. Obstruction of persons executing search warrants PART 5 - Information Gathering Powers Division 1 - Interpretation 48. Interpretation Division 2 - Production orders 49. Production orders 50. Variation of production orders 51. Failure to comply with production orders Division 3 - Search powers 52. Powers to search for, and seize, certain documents 53. Search warrants for location, &c., of property 54. Telephone warrants in respect of property-tracking documents 55. Obstruction of persons executing search warrants Division 4 - Monitoring orders 55A. Interpretation 56. Monitoring orders 57. Confidentiality of monitoring orders PART 6 - Interstate Orders 58. Registration of interstate orders 59. Effect of registration of interstate forfeiture orders 60. Effect of registration of interstate restraining orders 61. Revocation or variation of registered orders 62. Duration of registration 63. Cancellation of registration 64. Charges on property subject to registered interstate restraining orders 65. Powers of Public Trustee in relation to interstate restraining orders 66. Interim registration of facsimile copies PART 6A - Money laundering 66A. Dealing with proceeds of crime 66B. Dealing with property suspected of being proceeds of crime 66C. Dealing with property which subsequently becomes an instrument of crime 66D. Alternative verdicts 66E. Proof of other offences not required 66F. Transitional provision PART 7 - Offences 67. Section 67 68. Prosecution of offences 69. Conduct by directors, servants and agents PART 8 - General Legal Matters 70. Dealings with forfeited property 71. Standard of proof 72. Appeals 73. Constitution of court 74. Limitation on powers of courts of summary jurisdiction 75. Interstate operation of forfeiture or restraining orders 76. Costs incurred on variation of forfeiture or restraining orders on applications by third parties 77. Operation of other laws not affected 78. Costs 79. Crime (Confiscation of Profits) Account PART 9 - Unexplained wealth Division 1 - Interpretation of Part 80. Interpretation 81. Meaning of effective control 82. When property is at risk of forfeiture or taken to be property of a person 83. Dealing with land under this Part 84. Meaning of lawfully acquired 85. Presumption that wealth is not lawfully acquired Division 2 - Investigation and search Subdivision 1 - Preliminary inquiries into unexplained wealth 86. Information volunteered by financial organisations 87. Notice to financial organisations to provide information 88. Notice to other organisations to provide information 89. Protection for organisations that provide information, &c. 90. Giving false or misleading information Subdivision 2 - Examinations 91. Applications for examination orders 92. Examination orders 93. Service of examination orders 94. Complying with examination orders 95. Conduct of examinations Subdivision 3 - Production of documents 96. Application for document production orders 97. Document production orders 98. Inspection of property-tracking documents 99. Complying with document production orders 100. Variation of document production orders 101. Compliance with document production orders not admissible as evidence in certain circumstances Subdivision 4 - Monitoring financial transactions 102. Applications for monitoring orders 103. Monitoring orders 104. Application for suspension orders 105. Suspension orders 106. Monitoring orders and suspension orders generally 107. Compliance with monitoring orders or suspension orders Subdivision 5 - Secrecy requirements 108. Disclosure not permitted 109. Disclosing information Subdivision 6 - Detention, search and retention 110. Power to detain persons 111. Search warrants 112. Additional powers 113. Later-produced documents Division 3 - Restraining of property Subdivision 1 - Retention of property generally and interim wealth-restraining order 114. Removal of seized or retained property generally 115. Retention of property not subject to an order under this Division 116. Interim wealth-restraining orders Subdivision 2 - Wealth-restraining orders in relation to property 117. Applications for wealth-restraining orders 118. Wealth-restraining orders 119. Wealth-restraining orders to specify grounds 120. Non-disclosure of information 121. Scope of wealth-restraining orders 122. Service of wealth-restraining orders 123. Statutory declaration required from persons served with wealth-restraining orders 124. Effect of wealth-restraining orders 125. Co-owned restrained property 126. Duration of wealth-restraining orders 127. Wealth-restraining orders cease to have effect 128. Land restrained under wealth-restraining order 129. Property may be restrained under more than one order Subdivision 3 - Dealing with restrained property 130. Dealing with property 131. Permitted dealings in respect of mortgaged or leased property 132. Persons must not deal with restrained property 133. Effect of dealing with properties subject to wealth-restraining orders Division 4 - Objections to restraint of property 134. Objections to restraining of property 135. Time for filing objections 136. Parties to objection proceedings 137. Setting aside or varying restraining orders Division 5 - Unexplained wealth declaration 138. What constitutes a person's wealth 139. Unexplained wealth 140. Assessing the value of unexplained wealth 141. Application for unexplained wealth declaration 142. Unexplained wealth declaration 143. Unexplained wealth liability 144. Unexplained wealth payable to State Division 6 - Satisfaction of unexplained wealth liability to State Subdivision 1 - General 145. Recovery of amount payable to State 146. Use of restrained property to meet unexplained wealth liability 147. Proceeds from sale of restrained property 148. Nexus between restraint and forfeiture not necessary Subdivision 2 - Use of effectively controlled property or gift to meet unexplained wealth liability 149. Limitation on use of effectively controlled property 150. Property not owned by respondent at risk of forfeiture 151. Forfeitable property declarations Subdivision 3 - Forfeiture of property 152. Wealth forfeiture orders 153. Co-owned forfeited property 154. Forfeiture of land under this Act 155. Forfeiture of other registrable property 156. Person must deliver up property subject to a wealth forfeiture order Subdivision 4 - Miscellaneous 157. Variation of forfeitable property declarations and wealth forfeiture orders Division 7 - Value of property used to satisfy unexplained wealth declaration 158. Value of property sold by State Division 8 - Management of restrained property or forfeited property Subdivision 1 - Control and management of property 159. Management of property 160. Management of restrained property or forfeited property 161. Financial organisation to transfer restrained funds to Public Trustee 162. Applications by owner for control and management of property 163. Duties of person responsible for restrained property or forfeited property Subdivision 2 - Disposal of undesirable or deteriorating property 164. Destruction of property on grounds of public interest 165. Sale of deteriorating property 166. Valuation and inventory of restrained property 167. Compensation Subdivision 3 - Management of property by Public Trustee 168. Public Trustee's power to appoint manager 169. Application of Act to property held by Public Trustee under this Part Division 9 - Return of forfeited property 170. Application for return of forfeited property 171. Parties to proceedings 172. Order to return forfeited property Division 10 - Mutual recognition of restraining orders and forfeiture orders Subdivision 1 - Registration of State orders in other jurisdictions 173. Interstate registration of restraining orders, forfeiture orders, &c. Subdivision 2 - Recognition of interstate orders 174. Registration of interstate orders relating to unexplained wealth 175. Effect of registration of interstate restraining orders relating to unexplained wealth 176. Effect of registration of interstate forfeiture orders relating to unexplained wealth 177. Duration of registration of interstate orders relating to unexplained wealth 178. Cancellation of registration of interstate orders relating to unexplained wealth Division 11 - Interests in registrable property 179. Registration of interest in land 180. Registration of interests in other property 181. Imputation of knowledge that property is restrained Division 12 - Court jurisdiction and evidentiary matters 182. Courts' jurisdiction 183. Proceedings under this Part 184. Appearance by Attorney-General 185. Stay or adjournment of proceedings 186. Consent orders 187. Enforcing compliance with Part or court order Division 13 - Miscellaneous matters 188. Certain money to be paid into Public Account 189. Public Trustee common fund 190. Exemption from stamp duty and other costs 191. Property protected from restraint or forfeiture 192. Transfer of property for value 193. Restrained property not available to meet legal costs 194. Liability for carrying out functions under this Part 195. Later applications, orders or findings 196. Orders relating to sham transactions 197. Proceedings against corporations 198. Substituted service 199. Delegation by DPP 200. Effect of person's death 201. Obstructing a police officer 202. Legal professional privilege 203. Regulations relating to unexplained wealth declarations 204. Review of Part PART 10 - Miscellaneous 205. Regulations generally 206. Further amendment of regulations not prevented SCHEDULE 1[ Note: This table has been automatically generated and may be incomplete. ]