CRIMINAL PROPERTY CONFISCATION ACT 2000
Table of Provisions
PART 1 -- Preliminary
- 1 Short title
- 2 Commencement
- 3 Terms used (Glossary)
- 4 What is confiscable property
- 5 Application of Act to confiscable property
PART 2 -- Confiscation of property
- 6 When property is confiscated
- 7 When frozen property is confiscated automatically
- 8 Declared drug trafficker, certain property of confiscated
- 9 Registrable real property, time and effect of confiscation of under s. 6, 7 or
- 10 Other property, time and effect of confiscation of under s. 6, 7 or
PART 3 -- Identifying and recovering confiscable property
Division 1 -- Unexplained wealth
- 11 Unexplained wealth declarations, applying for
- 12 Unexplained wealth declarations, making
- 13 Unexplained wealth, assessing value of
- 14 Unexplained wealth declaration, effect of
Division 2 -- Criminal benefits
- 15 Criminal benefits declarations, applying for
- 16 Criminal benefits declarations for crime-derived property, making
- 17 Criminal benefits declarations for unlawfully acquired property, making
- 18 Criminal benefits declarations, limits on making and ancillary orders for
- 19 Criminal benefits, assessing value of
- 20 Criminal benefits declaration, effect of
Division 3 -- Crime-used property substitution
- 21 Crime-used property substitution declaration, applying for
- 22 Crime-used property substitution declarations, making
- 23 Crime-used property, assessing value of
- 24 Crime-used property substitution declaration, effect of
Division 4 -- Recovery of confiscable property
- 25 Amounts payable under s. 14, 20 and 24, when payable and recovery of
- 26 Frozen property, use of to meet liability under s. 14, 20 or 24
27. Confiscable property declarations, applying for
- 28 Confiscable property declarations, making
- 29 Property available to meet liability under s. 14, 20 or 24
30. Declarations of confiscation, applying for and making
- 31 Applicant’s duty to lodge memorial of confiscation
- 32 Varying declarations
PART 4 -- Preventing dealings in confiscable property
Division 1 -- Seizure of crime-used and crime-derived property
- 33 Property, powers to seize etc.
Division 2 -- Freezing notices for crime-used and crime-derived property
- 34 Freezing notices, application for and issue of
- 35 Freezing notices, contents of
- 36 Freezing notices, service, notice and filing of
- 37 Person served with freezing notice to declare any other interested party
- 38 Freezing notices for registrable real property, duration of and notices about
- 39 Freezing notices for other property, duration of and notices about
- 40 Freezing notices, cancelling etc.
Division 3 -- Freezing orders for confiscable property
- 41 Freezing orders, applying for
- 42 Proceedings for freezing orders, court’s powers in
- 43 Freezing orders, making
- 44 Freezing orders, court’s duties when considering applications for
- 45 Freezing orders, court’s powers when making
- 46 Freezing orders, service and notice of
- 47 Person served with freezing order to declare any other interested party
- 48 Freezing orders for registrable real property, duration of and notices about
- 49 Freezing orders for other property, duration of and notices about
Division 4 -- Dealing with seized or frozen property
- 50 Prohibited dealings
- 51 Effect of prohibited dealings in frozen property
- 52 Permitted dealings in mortgaged property
PART 5 -- Investigation and search
Division 1 -- Preliminary inquiries
- 53 Financial institutions may volunteer information
- 54 Financial institutions may be required to give information
- 55 Financial institution giving information under s. 53 or 54, protection for
- 56 Financial institution giving false or misleading information under s. 53 or 54, offence
Division 2 -- Examinations
- 57 Examination of person, applying for order for
- 58 Court and CCC powers when making examination order
- 59 Examination orders, service of
- 60 Examinations, conduct of and representation at
- 60A Examination by CCC
- 61 Examination orders, contravening and admissibility of information given under
Division 3 -- Production of documents
- 62 Production orders, applying for
- 63 Production orders, making
- 64 Property-tracking documents, inspection etc. of
- 65 Production orders, contravening and admissibility of information given under
- 66 Production orders, varying
Division 4 -- Monitoring financial transactions
- 67 Monitoring orders and suspension orders, applying for
- 68 Monitoring orders and suspension orders, making
- 69 Contravening monitoring order or suspension order, offence
Division 5 -- Secrecy requirements
- 70 Disclosure of certain information restricted, offence
- 71 Who restricted disclosures may be made to
- 72 Disclosure to court
Division 6 -- Detention, search and seizure
- 73 Confiscable property etc., powers to search etc. people for
- 74 Search warrants
- 75 Search of person under s. 73 or 74, who may perform
- 76 Additional powers for powers under s. 73 and
77. Warrant under s. 74 extends to documents produced later
- 78 Other laws on search warrants not affected
PART 6 -- Objections to confiscation
- 79 Confiscation of frozen property, objecting to
- 80 Objection proceedings, State is party to
- 81 On objection, court may release frozen property under s. 82, 83 or
82. Crime-used property, release of
- 83 Crime-derived property, release of
- 84 Other frozen property, release of
- 85 Confiscated property, applying for release of
- 86 Application under s. 85, State is party to
- 87 Confiscated property, release of
PART 7 -- Management of seized, frozen and confiscated property
Division 1 -- Control and management of property
- 88 Seized property, control etc. of
- 89 Frozen and confiscated property, control etc. of
- 90 Capacity of DPP or CCC to carry out transactions
- 91 Control etc. of frozen property by owner, court may order
- 92 Person controlling etc. property, duties of
Division 2 -- Disposal of deteriorating or undesirable property
- 93 Destruction of seized etc. property on grounds of public interest, court may order
- 94 Deteriorating frozen property, sale of
- 95 Frozen property, valuation and inventory of
Division 3 -- Management of property by Public Trustee
- 96 Public Trustee may appoint person to control etc. property
- 97 Taxes etc. on frozen property, Public Trustee’s liability for
- 98 Interstate property, management of
- 99 Public Trustee entitled to fees for controlling etc. frozen or confiscated property
- 100 Obstructing Public Trustee, offence
PART 8 -- Court jurisdiction and evidentiary matters
- 101 Courts’ jurisdiction for this Act
- 102 Proceedings, general provisions about
- 103 Attorney General entitled to appear in proceedings
- 104 Stays of proceedings
- 105 Opinion evidence of some people admissible
- 106 Findings that property is crime-used or crime-derived, making
- 107 Evidence as to confiscation offence may be used in confiscation proceedings
- 108 Examination orders, admissibility of transcript of proceedings under
- 109 Hearsay evidence etc., use of
- 110 Production orders, admissibility of documents produced etc.
- 111 Misuse of Drugs Act 1981 s. 38(2), effect of certificate under
- 112 Enforcing compliance with Act or court order
PART 9 -- Interests in registrable property
- 113 Memorials for land titles, Registrar of Titles’ functions as to and effect of
- 114 Registrars under Acts other than Transfer of Land Act 1893, duty of
- 115 Knowledge that property is frozen, imputation of
- 116 Documents lodged with the Registrar of Titles, form of
PART 10 -- Mutual recognition of freezing orders and confiscation of property
Division 1 -- Registration of WA orders in other jurisdictions
- 117 Freezing notices and orders, content of for interstate registration and effect of interstate
Division 2 -- Recognition of orders of other jurisdictions
- 118 Interstate orders, registration of
- 119 Registered interstate freezing orders, effect of
- 120 Registered interstate confiscation declarations, effect of
- 121 Registered interstate freezing orders etc., duration of
- 122 Registered interstate freezing orders etc., cancelling
Division 3 -- Charges on interstate property
- 123 Creation of charge
- 124 Cessation of charge
- 125 Priority of charge
- 126 Charge on land, registration of memorial of
- 127 Charge on property other than land, registration of
PART 11 -- Miscellaneous
- 128 Act binds States, Territories and Commonwealth
- 129 Property protected from seizure and confiscation
- 130 Confiscation Proceeds Account, creation and administration of
- 131 Confiscation Proceeds Account, funds and purposes of
- 132 Obstructing police officers or authorised CCC officers
- 133 Subsequent applications, notices, orders etc. not prevented
- 134 Delegation by DPP
- 134A CCC’s power to delegate
- 135 Sham transactions, orders as to
- 136 Offences by body corporate, liability of officers of in case of etc.
- 137 Protection from personal liability
- 138 Death of owner, effect of
- 139 Legal professional privilege withdrawn
- 140 Regulations
- 140A Review of 2018 amendments to Act
PART 12 -- Interpretation
- 141 Term used: confiscation offence
- 142 Term used: confiscable
- 143 Term used: wealth
- 144 Term used: unexplained wealth
- 145 Term used: criminal benefit
- 146 Term used: crime-used
- 147 Term used: criminal use
- 148 Term used: crime-derived
- 149 Term used: lawfully acquired
- 150 Term used: service cut off date
- 151 Term used: deal (in relation to property)
- 152 Term used: value (in relation to property sold by or for the State)
- 153 Term used: innocent party
- 154 Term used: value (in relation to transfer of property)
- 155 Term used: property-tracking document
- 156 Term used: effective control (in relation to property)
- 157 Term used: conviction (in relation to confiscation offence)
- 158 Term used: charge (in relation to an offence)
- 159 Term used: declared drug trafficker
- 160 Term used: abscond (in relation to an offence)
- 161 Term used: sham transaction
Glossary
- 1 Terms used
Other notes
Defined terms