CRIMES (CONFISCATION OF PROFITS) ACT 1988
This legislation has been repealed.
CRIMES (CONFISCATION OF PROFITS) ACT 1988
TABLE OF PROVISIONS
Long Title
Preamble
PART 1 -- Preliminary
1. Short title
2. Commencement
3. Interpretation
4. Act to bind Crown
5. Application
PART 2 -- Confiscation
Division 1 -- Application for confiscation order
6. Application for confiscation order
7. Notice of application
8. Amendment of application
9. Procedure on application
Division 2 -- Forfeiture orders
10. Forfeiture orders
11. Effect of forfeiture order
12. Effect of forfeiture order on third parties
13. Discharge of forfeiture order
14. Effect of discharge of forfeiture order
Division 3 -- Pecuniary penalty orders
15. Pecuniary penalty orders
16. Assessment of benefits
18. Discharge of pecuniary penalty order
Division 4 -- Re-hearing
19. Re-hearing
PART 3 -- Restraining orders
20. Restraining orders
21. Notice of restraining order to be given to persons affected
22. Further orders
23. Duration of restraining order
24. Contravention of restraining order
25. Charge on property subject to restraining order
26. Recording of restraining orders
PART 4 -- Powers of Public Trustee
27. Liability under confiscation order to be satisfied by Public Trustee
28. Provisions concerning the Public Trustee
PART 5 -- Search warrants
29. Interpretation
30. Search warrants
31. Seizure of property pursuant to warrant
31A. Embargo notices
32. Search and arrest of persons pursuant to warrant
33. Issue of warrant where charge not laid
34. Commissioner of Police responsible for seized property
35. Return of seized property and release of embargoed property
36. Obstruction, etc., of person executing warrant
PART 6 -- Information gathering powers
Division 1 -- Production orders
37. Production orders
38. Variation of production order
39. Failure to comply with production order
Division 2 -- Search powers
40. Powers to search for, and seize, documents relevant to locating etc. property
41. Search warrant for location etc. of property
Division 3 -- Monitoring orders
42. Monitoring orders
43. Existence and operation of monitoring order not to be disclosed
PART 7 -- Interstate orders
44. Registration of interstate orders
45. Effect of registration of interstate forfeiture order
46. Effect of registration of interstate restraining order
47. Revocation or variation of registered orders
48. Duration of registration
49. Cancellation of registration
50. Charge on property subject to registered interstate restraining order
51. Powers of Public Trustee in relation to interstate restraining orders
52. Interim registration of facsimile copies
PART 8 -- Miscellaneous
52A. Court may take into account effective control of property
53. Standard of proof
54. Constitution of court
55. Limitation on power of court of petty sessions
56. Interstate operation of forfeiture or restraining orders
57. Costs incurred on variation of forfeiture or restraining orders on application by third parties
58. Appeals
59. Operation of other laws not affected
60. Costs
61. Regulations
SCHEDULE 1
[Assented to 28 November 1988.]
Compilation table