Version No. 099
Confiscation Act 1997
No. 108 of 1997
Version incorporating amendments as at
1 July 2025
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
3Definitions
3AObjects
4Meaning of conviction
5Meaning of absconds
6Meaning of setting aside a conviction
7Meaning of charged with an offence
7AMeaning of derived property—civil forfeiture
7BMeaning of derived property—other cases
7CMeaning of serious criminal activity
8Related offences
9Effective control of property
10Property in which the accused has an interest
11Meaning of dealing with property
12Jurisdiction
13Act to bind Crown
Part 2—Restraining orders other than civil forfeiture restraining orders and unexplained wealth restraining orders
14Restraining orders
15Purposes for which a restraining order may be made
15AProperty may be subject to both restraining order and other orders
16Application for restraining order
17Procedure on application
18Determination of application
19Notice of restraining order to be given to persons affected
19ANotice requiring declaration of property interests
19BWhat must be included in a declaration of property interests?
19COffences
19DCourt directions to provide information
19EAdmissibility of statement
20Application for exclusion from restraining order
21Determination of exclusion application—restraining order—Schedule 1 offence
22Determination of exclusion application—restraining order in relation to Schedule 2 offence
22ADetermination of exclusion application—serious drug offence restraining order
23Declaration that restraining order shall be disregarded for purposes of automatic forfeiture
24Protected property not to be included in serious drug offence restraining order
26Further orders
27Duration and setting aside of restraining order
27AProperty subject to multiple restraining orders
28Registration of restraining order
28ANo mortgage, charge or encumbrance to be registered on land subject to restraining order
29Contravention of restraining order
30Priority given to payment of restitution or compensation
31State to pay restitution and compensation out of forfeited property etc.
Part 2A—Freezing orders
31ADefinition
31BChief Commissioner of Police may authorise police to apply for freezing orders
31CFreezing order
31DApplication for freezing order
31EApplication may be made by telephone or other electronic communication
31FMaking of freezing order
31GNotice of freezing order
31HWhen does a freezing order take effect?
31IExtension of freezing orders
31JReport to Magistrates' Court on freezing order
31KFailure to comply with freezing order
31LOffence to disclose existence of freezing order
31MFreezing order to be disregarded for certain purposes
Part 3—Forfeiture of property
Division 1—Forfeiture on court order
32Application for forfeiture order
33Determination of application for forfeiture order
34Consent orders
Division 1A—Tainted property substitution declaration—forfeiture order
34AInterpretation
34BApplication for tainted property substitution declaration
34CCourt may make tainted property substitution declaration
Division 2—Automatic forfeiture after conviction
35Automatic forfeiture of restrained property on conviction of certain offences
35ASchedule 2 offences—application for court declaration
35BApplicant to notify accused
35CCourt may make declaration
36Declaration that property has been forfeited
Division 3—Tainted property substitution declaration—automatic forfeiture
36AInterpretation
36BApplication for tainted property substitution declaration
36CNotice of application
36DRight to appear and give evidence
36EHearing of application
36FDetermination of application
36GDeemed withdrawal of application
Division 4—Automatic forfeiture of property of serious drug offender
36GAAutomatic forfeiture of restrained property on declaration that person is serious drug offender
36GBDeclaration that property has been forfeited
Part 4—Civil forfeiture regime