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CRIME (CONFISCATION OF PROFITS) ACT 1993 - SECT 80 Interpretation

CRIME (CONFISCATION OF PROFITS) ACT 1993 - SECT 80

PART 9 - Unexplained wealth Division 1 - Interpretation of Part Interpretation

(1)  In this Part –
at risk of forfeiture , in relation to property – see section 82(1) ;
document production order means an order under section 97 ;
effective control , of property – see section 81 ;
examination order means an order under section 92 ;
financial organisation includes –
(a) a financial institution; and
(b) a person who carries on State banking within the meaning of section 51(xiii) of the Constitution of the Commonwealth; and
(c) a body corporate that is, or had it been incorporated in Australia would be, a trading corporation within the meaning of section 51 (xx) of the Constitution of the Commonwealth; and
(d) a person who, as part of his or her business, holds property in trust for another person;
forfeitable property declaration means a declaration under section 151(1) ;
forfeited property means property that –
(a) is transferred to the State under section 146(1) to satisfy an unexplained wealth declaration; or
(b) is the subject of a wealth forfeiture order;
give , in relation to property, includes transfer for consideration that is significantly less than the market value of the property at the time of transfer;
interim wealth-restraining order means an order under section 116(3) ;
lawfully acquired  – see section 84 ;
monitoring order means an order under section 103 ;
proceeds , in relation to the sale of property, means the value of the property calculated in accordance with section 158 ;
Recorder has the same meaning as in the Land Titles Act 1980 ;
Register has the same meaning as in the Land Titles Act 1980 ;
respondent , in respect of an unexplained wealth declaration, means the person against whom the declaration is made;
restrained property means property that is subject to a wealth-restraining order;
specified restraining order means an interim wealth-restraining order or a wealth-restraining order;
suspension order means an order under section 105 ;
unexplained wealth liability  – see section 143 ;
unexplained wealth proceedings means any proceedings under this Part;
wealth forfeiture order means an order under section 152 ;
wealth-restraining order means an order under section 118 .
(2)  In this Part, a reference to reasonable living and business expenses does not include a reference to any legal expenses mentioned in section 193 .
(3)  For the avoidance of doubt, if under this Part a requirement is made of, or an obligation is held by, a body of persons, whether corporate or unincorporated, the requirement is made of, or obligation is held by, each person within that body of persons, in so far as that person can fulfil the requirement, or satisfy the obligation, in his or her actual, or apparent, authority as a member of that body of persons.