CONFISCATION ACT 1997
Table of Provisions
PART 1--PRELIMINARY
- 1 Purposes
- 2 Commencement
- 3 Definitions
- 3A Objects
- 4 Meaning of conviction
- 5 Meaning of absconds
- 6 Meaning of setting aside a conviction
- 7 Meaning of charged with an offence
- 7A Meaning of derived property—civil forfeiture
- 7B Meaning of derived property—other cases
- 7C Meaning of serious criminal activity
- 8 Related offences
- 9 Effective control of property
- 10 Property in which the accused has an interest
- 11 Meaning of dealing with property
- 12 Jurisdiction
- 13 Act to bind Crown
PART 2--RESTRAINING ORDERS OTHER THAN CIVIL FORFEITURE RESTRAINING ORDERS AND UNEXPLAINED WEALTH RESTRAINING ORDERS
- 14 Restraining orders
- 15 Purposes for which a restraining order may be made
- 15A Property may be subject to both restraining order and other orders
- 16 Application for restraining order
- 17 Procedure on application
- 18 Determination of application
- 19 Notice of restraining order to be given to persons affected
- 19A Notice requiring declaration of property interests
- 19B What must be included in a declaration of property interests?
- 19C Offences
- 19D Court directions to provide information
- 19E Admissibility of statement
- 20 Application for exclusion from restraining order
- 21 Determination of exclusion application—restraining order—Schedule 1 offence
- 22 Determination of exclusion application—restraining order in relation to Schedule 2 offence
- 22A Determination of exclusion application—serious drug offence restraining order
- 23 Declaration that restraining order shall be disregarded for purposes of automatic forfeiture
- 24 Protected property not to be included in serious drug offence restraining order
- 26 Further orders
- 27 Duration and setting aside of restraining order
- 27A Property subject to multiple restraining orders
- 28 Registration of restraining order
- 28A No mortgage, charge or encumbrance to be registered on land subject to restraining order
- 29 Contravention of restraining order
- 30 Priority given to payment of restitution or compensation
- 31 State to pay restitution and compensation out of forfeited property etc.
PART 2A--FREEZING ORDERS
- 31A Definition
- 31B Chief Commissioner of Police may authorise police to apply for freezing orders
- 31C Freezing order
- 31D Application for freezing order
- 31E Application may be made by telephone or other electronic communication
- 31F Making of freezing order
- 31G Notice of freezing order
- 31H When does a freezing order take effect?
- 31I Extension of freezing orders
- 31J Report to Magistrates' Court on freezing order
- 31K Failure to comply with freezing order
- 31L Offence to disclose existence of freezing order
- 31M Freezing order to be disregarded for certain purposes
PART 3--FORFEITURE OF PROPERTY
Division 1--Forfeiture on court order
- 32 Application for forfeiture order
- 33 Determination of application for forfeiture order
- 34 Consent orders
Division 1A--Tainted property substitution declaration--forfeiture order
- 34A Interpretation
- 34B Application for tainted property substitution declaration
- 34C Court may make tainted property substitution declaration
Division 2--Automatic forfeiture after conviction
- 35 Automatic forfeiture of restrained property on conviction of certain offences
- 35A Schedule 2 offences—application for court declaration
- 35B Applicant to notify accused
- 35C Court may make declaration
- 36 Declaration that property has been forfeited
Division 3--Tainted property substitution declaration--automatic forfeiture
- 36A Interpretation
- 36B Application for tainted property substitution declaration
- 36C Notice of application
- 36D Right to appear and give evidence
- 36E Hearing of application
- 36F Determination of application
- 36G Deemed withdrawal of application
Division 4--Automatic forfeiture of property of serious drug offender
- 36GA Automatic forfeiture of restrained property on declaration that person is serious drug offender
- 36GB Declaration that property has been forfeited
PART 4--CIVIL FORFEITURE REGIME
Division 1--Civil forfeiture restraining orders
- 36H Civil forfeiture restraining orders
- 36I Purpose for which a civil forfeiture restraining order may be made
- 36J Property may be subject to both civil forfeiture restraining order and other orders
- 36K Application for civil forfeiture restraining order
- 36L Procedure on application for civil forfeiture restraining order
- 36M Determination of application for civil forfeiture restraining order
- 36N Notice of civil forfeiture restraining order to be given to persons affected
- 36O Notice requiring declaration of property interests
- 36P What must be included in a declaration of property interests?
- 36R Offences
- 36S Court directions to provide information
- 36T Admissibility of statement
- 36U Application for exclusion from civil forfeiture restraining order
- 36V Determination of application for exclusion from civil forfeiture restraining order
- 36W Further orders
- 36X Duration and setting aside of civil forfeiture restraining order
- 36Y Registration of civil forfeiture restraining order
- 36Z Contravention of civil forfeiture restraining order
- 36ZA Priority given to payment of restitution or compensation
- 36ZB State to pay restitution and compensation out of forfeited property etc.
Division 2--Civil forfeiture orders
- 37 Application for civil forfeiture order
- 38 Determination of application for civil forfeiture order
- 39 Consent orders
- 40 Forfeiture of property that may be used as evidence in trial
Division 3--Orders for exclusion from civil forfeiture orders
- 40A Application for exclusion from civil forfeiture order
- 40B Determination of application for exclusion from civil forfeiture order
PART 4A--UNEXPLAINED WEALTH
Division 1--Unexplained wealth restraining orders
- 40C Unexplained wealth restraining orders
- 40D Purpose for which an unexplained wealth restraining order may be made
- 40E Property may be subject to both unexplained wealth restraining order and other orders
- 40F Application for unexplained wealth restraining order
- 40G Property lawfully acquired
- 40H Procedure on application for unexplained wealth restraining order
- 40I Determination of application for unexplained wealth restraining order
- 40J Notice of unexplained wealth restraining order to be given to persons affected
- 40K Notice requiring declaration of interests in restrained property
- 40L What must be included in a declaration of interests in restrained property?
- 40M Notice to person suspected of engaging in serious criminal activity
- 40N What must be included in a declaration by an owner of property?
- 40O Offences
- 40P Court directions to provide information
- 40Q Admissibility of statement
- 40R Application for exclusion from unexplained wealth restraining order
- 40S Determination of application for exclusion from unexplained wealth restraining order
- 40T Evidentiary requirements for exclusion order
- 40U Application for substitution order
- 40V Determination of application for substitution order
- 40W Further orders
- 40X Setting aside of unexplained wealth restraining order
- 40Y Registration of unexplained wealth restraining order
- 40Z Contravention of unexplained wealth restraining order
Division 2--Forfeiture of unexplained wealth
- 40ZA Forfeiture of unexplained wealth
- 40ZB Declaration that property has been forfeited
- 40ZC Application for exclusion from unexplained wealth forfeiture
- 40ZD Determination of application for exclusion from unexplained wealth forfeiture
PART 5--EFFECT OF FORFEITURE
- 41 Effect of forfeiture
- 42 Power to discharge mortgage or charge
- 43 Court may give directions
- 44 Disposal of forfeited property
- 44A Certificate of disposal
- 45 Relief from undue hardship
- 45A Relief from automatic forfeiture of property of serious drug offender
- 45B Relief from unexplained wealth forfeiture
- 46 Discharge of forfeiture order
- 47 Discharge of automatic forfeiture in respect of an interest
- 48 Discharge of civil forfeiture order
- 48A Discharge of unexplained wealth forfeiture in respect of an interest
PART 6--EXCLUSION ORDERS
- 49 Application for exclusion from forfeiture order
- 50 Determination of exclusion application—forfeiture order
- 51 Application for exclusion from automatic forfeiture
- 52 Determination of exclusion application—automatic forfeiture
- 53 Application for exclusion from automatic forfeiture of property of serious drug offender
- 54 Determination of application from exclusion from automatic forfeiture of property of serious drug offender
PART 7--RETURN OF PROPERTY
- 55 Application to Minister for return of property or payment of value
- 56 Person with interest in forfeited property may buy back interest
- 57 Buying out other interests in forfeited property
PART 8--PECUNIARY PENALTY ORDERS
Division 1--Pecuniary penalty orders following conviction
- 58 Application for pecuniary penalty order
- 59 Determination of application for pecuniary penalty order
- 60 Consent orders
- 61 Pecuniary penalty order does not prevent forfeiture
- 62 Discharge of pecuniary penalty order
Division 3--General
- 67 Assessment of benefits
- 68 Assessment of benefits in relation to Schedule 2 offences
- 69 Variation of pecuniary penalty order after successful appeal against restitution or compensation order
- 69A Variation of pecuniary penalty order after subsequent forfeiture
- 70 Declaration that property available to satisfy order
- 71 Court may give directions
- 72 Charge on property subject to restraining order or declaration
- 73 Disposal of property obtained to satisfy pecuniary penalty order
- 73A Notice of intention to sell charged land
- 73B Power of sale
- 73C Sale to be treated as sale by mortgagee
- 73D Powers of Registrar of Titles
- 74 Pecuniary penalty order debt due to Crown
PART 9--POWERS OF TRUSTEE
- 75 Liability under forfeiture or pecuniary penalty order to be satisfied by trustee
- 76 Provisions concerning the trustee
PART 10--DISPOSAL ORDERS
- 77 Application for disposal order
- 78 Disposal orders
PART 10A--PROPERTY MANAGEMENT
PART 11--SEARCH WARRANTS
- 79 Search warrants
- 79A Seizure warrants—public places
- 80 Application for warrant
- 80A Warrant may authorise the giving of a direction requiring assistance from person with certain knowledge
- 80B Power to require assistance from person with certain knowledge
- 80C Offence to fail to comply with order requiring assistance
- 81 Warrant may be granted by telephone
- 82 Record of proceedings for warrant
- 83 Notice to occupier of premises entered under search warrant
- 84 Duty to show search warrant
- 84A Duty to show seizure warrant
- 85 Use of force
- 86 Use of assistants to execute warrant
- 87 Application of Magistrates' Court Act 1989
- 88 Expiry of warrant
- 88A Notice of execution of seizure warrant
- 89 Report on execution of warrant etc.
- 90 Absence etc. of magistrate or judge who issued warrant
- 91 Defects in warrants
- 92 Seizure of property under search warrant
- 92A Seizure of digital asset under search warrant
- 93 Embargo notice
- 94 Search of persons under search warrant
- 95 Obstruction or hindrance of person executing search warrant
- 95A Application for property seized under search warrants under other Acts to be held or retained under this Act
- 95B What must be in the application?
- 95C Court may make declaration
- 95D Notice of declaration
- 95E Effect of declaration
- 96 Disposal of livestock or perishable property
- 97 Return of seized property
PART 11A--PROPERTY MANAGEMENT WARRANTS
Division 1--Search and inspection warrants
- 97A Application for search and inspection warrant
- 97B Search and inspection warrant
- 97C Record of proceedings for search and inspection warrant
- 97D Announcement before entry
- 97E Copy of search and inspection warrant to be given to occupier
- 97F Use of assistants to execute search and inspection warrant
- 97G Application of Magistrates' Court Act 1989
- 97H Expiry of search and inspection warrant
- 97I Report on execution of warrant etc.
- 97J Copy of inventory to be given
- 97K Defects in search and inspection warrant
- 97L Obstruction or hindrance of person executing search and inspection warrant
Division 2--Search and seizure warrants
- 97M Application for search and seizure warrant
- 97N Search and seizure warrant
- 97O Record of proceedings for search and seizure warrant
- 97P Announcement before entry
- 97Q Copy of search and seizure warrant to be given to occupier
- 97R Use of assistants to execute search and seizure warrant
- 97S Application of Magistrates' Court Act 1989
- 97T Expiry of search and seizure warrant
- 97U Report on execution of search and seizure warrant etc.
- 97V Defects in search and seizure warrant
- 97W Obstruction or hindrance of person executing search and seizure warrant
PART 12--EXAMINATION ORDERS
- 98 Order for examination
- 98A Examination notice
- 99 Examination
PART 13--INFORMATION GATHERING POWERS
Division 1--Production orders
- 99A Definition
- 100 Application for production order
- 100A Application for production order—unexplained wealth
- 101 Production orders
- 102 Powers under production orders
- 103 Expiry of production order
- 104 Report on execution of production order etc.
- 105 Absence etc. of magistrate or judge who made production order
- 106 Effect of production orders on proceedings etc.
- 107 Variation of production orders
- 108 Failure to comply with production order
Division 2--Search powers
- 109 Application for search warrant for property-tracking documents
- 110 Search warrants
- 111 Expiry of warrant
- 112 Application of Magistrates' Court Act 1989
- 113 Authority conferred by search warrant
- 114 Search for documents with consent
Division 3--Monitoring orders
- 115 Application for monitoring order
- 116 Monitoring orders
- 117 Failure to comply with monitoring order
- 118 Existence and operation of monitoring order not to be disclosed
Division 3A--Information notices
- 118A Definition
- 118B Chief Commissioner of Police may authorise police to issue information notices
- 118C Who can issue information notices?
- 118D Issuing information notices—authorised police officer
- 118E Issuing information notices—prescribed person
- 118F Information notice to be signed and reasons recorded
- 118G What can an information notice require?
- 118H What must the information notice contain?
- 118I How is an information notice given?
- 118J Offence to fail to comply with information notice
- 118K Offence to disclose existence of information notice
- 118L Immunity from suit
- 118M Giving of information notice to be disregarded for certain purposes
Division 3B--Credit information
Division 4--Reports of suspect transactions
- 119 Reports of suspect transactions
Division 4A--Sharing of information
- 119A Communication of information between law enforcement agencies
Division 5--Interstate offences
- 120 Ministerial arrangements for transmission of documents or information
Division 6--Document requests
- 120A Document request relating to maintenance and management of property
- 120AB Document request relating to enforcement of pecuniary penalty order
- 120B Document request
- 120C Offences
- 120CA Offence to disclose existence of document request
- 120D Requested documents to be provided—Court order
- 120E Return of documents
PART 15--INTERSTATE ORDERS AND WARRANTS
- 124 Definition
- 125 Registration of interstate orders
- 126 Effect of registration
- 127 Duration of registration
- 128 Cancellation of registration
- 129 Charge on property subject to registered interstate restraining order
- 130 Trustee may act as agent
- 131 Interstate orders and search warrants
PART 16--MISCELLANEOUS
- 132 Standard of proof
- 133 Nature of proceedings
- 133A Costs
- 134 Crime Prevention and Victims' Aid Fund
- 134A Payment of money realised into Consolidated Fund
- 134B Payment to other jurisdictions under equitable sharing program
- 135 Conversion costs
- 136 Stamp duty not payable
- 137 Service of documents
- 138 Maximum fine for body corporate
- 139 Law enforcement agency to provide information to Minister
- 139A Reports to the Minister
- 140 Secrecy
- 141 Court may hear applications at same time
- 141A Arrangements to avoid operation of Act
- 142 Appeals
- 143 Provision of legal aid
- 143A Delegation
- 144 Operation of other laws not affected
- 144A Validation
- 145 Supreme Court—limitation of jurisdiction
- 146 Regulations
- 147 Rules of court
PART 18--CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL PROVISIONS
- 157 Transitional provisions—Enactment of Confiscation Act 1997
- 158 Confiscation (Amendment) Act 2003—definition of tainted property transitional provision
- 159 Confiscation (Amendment) Act 2003—declaration of property interests transitional provision
- 160 Confiscation (Amendment) Act 2003—freezing orders transitional provision
- 161 Confiscation (Amendment) Act 2003—tainted property substitution declaration transitional provisions
- 162 Confiscation (Amendment) Act 2003—disposal orders transitional provision
- 163 Confiscation (Amendment) Act 2003—property seized under other Acts transitional provision
- 164 Confiscation (Amendment) Act 2003—examination orders transitional provision
- 165 Confiscation (Amendment) Act 2003—document requests transitional provisions
- 166 Confiscation (Amendment) Act 2003—Schedule 1 offences transitional provisions
- 167 Confiscation (Amendment) Act 2003—Schedule 2—drug trafficking offences transitional provisions
- 168 Confiscation (Amendment) Act 2003—Schedule 2 offences transitional provisions
- 169 Confiscation (Amendment) Act 2003—Schedule 2—money laundering transitional provisions
- 170 Confiscation (Amendment) Act 2003—Schedule 2—attempts transitional provisions
- 171 Confiscation (Amendment) Act 2003—Schedule 2—common law offences transitional provisions
- 172 Interpretation of Legislation Act 1984
- 173 Transitional—Crimes (Money Laundering) Act 2003
- 174 Transitional—Major Crime Legislation (Seizure of Assets) Act 2004
- 175 Transitional—Justice Legislation (Further Amendment) Act 2006
- 176 Validation of certain exclusion orders—Confiscation Amendment Act 2007
- 177 Existing applications for exclusion orders—Confiscation Amendment Act 2007
- 178 Sufficient consideration—Confiscation Amendment Act 2007
- 179 Transitional—Confiscation Amendment Act 2010
- 180 Regulations dealing with transitional matters
- 181 Confiscation Amendment Act 2010—proceedings for civil forfeiture generally
- 182 Confiscation Amendment Act 2010—tainted property and derived property
- 183 Confiscation Amendment Act 2010—freezing orders
- 184 Transitional provisions for Confiscation Amendment Act 2010 do not derogate from Interpretation of Legislation Act 1984
- 185 Sex Work and Other Acts Amendment Act 2011—Schedule 1 offences transitional provision
- 186 Sex Work and Other Acts Amendment Act 2011—Schedule 2 offences transitional provision
- 187 Transitional—Independent Broad-based Anti-corruption Commission Act 2011
- 188 Transitional—Criminal Organisations Control and Other Acts Amendment Act 2014
- 189 Transitional—Justice Legislation Amendment (Confiscation and Other Matters) Act 2014
- 190 Transitional—Confiscation and Other Matters Amendment Act 2016
- 191 Transitional provision—Crimes Amendment (Sexual Offences) Act 2016
- 192 Transitional—Justice Legislation Amendment (Police and Other Matters) Act 2019
- 193 Further transitional—Justice Legislation Amendment (Police and Other Matters) Act 2019
- 194 Transitional provision—Major Crime and Community Safety Legislation Amendment Act 2022