Confiscation of Criminal Assets Act 2003 (ACT)
Confiscation of Criminal Assets Act 2003
A2003-8
Republication No 35
Effective: 26 April 2024
Republication date: 26 April 2024
Last amendment made by A2024‑12
About this republication
The republished law
This is a republication of the Confiscation of Criminal Assets Act 2003 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 26 April 2024. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 26 April 2024.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Confiscation of Criminal Assets Act 2003
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Purposes of Act 2
4 Application of Act to property and dealings 3
5 Application of Act to offences 3
6 Dictionary 3
7 Notes 3
8Offences against Act—application of Criminal Code etc 4
Part 2 General overview of confiscation scheme
9 General overview 5
Part 3 Key concepts
10 What is tainted property 7
11 What is unclaimed tainted property 9
11A Meaning of total wealth 10
11B Meaning of wealth 10
11C Meaning of serious criminal activity 11
12 Meaning of derived 11
13 Meaning of offence and of particular kinds of offences 12
14 Meaning of effective control of property 14
15 Meaning of convicted and quashed 15
16 When does someone abscond 17
17 When is someone cleared of an offence 18
18 When a proceeding is finalised 18
Part 4 Restraint of property
Division 4.1 General
19 Meaning of restraining order 20
20 Meaning of artistic profits restraining order 20
21 Meaning of unclaimed tainted property restraining order 20
21A Meaning of unexplained wealth restraining order 21
22 Restraining orders—purposes 21
23 Contravening restraining orders 21
24 Setting aside dealings with restrained property 22
Division 4.2 Making restraining orders
25 Restraining orders over unclaimed tainted property—application 23
26 Restraining orders over other property—application 24
26A Unexplained wealth restraining orders—application 26
27 Restraining orders—time for making certain applications 26
28 Restraining orders over unclaimed tainted property—affidavit supporting application 28
29 Restraining orders over other property—affidavit supporting application 28
29A Unexplained wealth restraining order—affidavit supporting application 30
30 Restraining orders over unclaimed tainted property—making 32
31 Restraining orders over other property—making 33
32 Making of restraining orders—specific serious offence not required etc 35
32A Unexplained wealth restraining order—making 36
33 Restraining orders—contents 36
34 Restraining orders—notice of making 38
35 Restraining order proceedings—restrictions on disclosure 39
36 Restraining orders—disclosure offences 40
37 Payment of living and business expenses from restrained property 43
38 Payment of certain legal expenses from restrained property 45
39 Additional orders about restraining orders and restrained property 47
40 Contravention of additional orders under s 39 49
Division 4.3 Duration of restraining orders
41 Meaning of forfeiture or penalty application for div 4.3 49
42 Restraining orders generally not time limited 49
43 Revocation or variation of restraining orders made without notice of application 49
44 Revocation or variation of restraining orders if security or undertakings given 50
45 When restraining order over particular property ends 51
46 When unclaimed tainted property restraining order ends 52
47 When restraining order ends—ordinary offences 52
48 When restraining order ends—serious offences 56
48A When unexplained wealth restraining order ends 58
49 Extension of time for restraining orders 59
Division 4.4 Restraining orders—other matters
50 Restraining orders—registration in statutory property registers 60
51 Penalty orders—execution against restrained property 62
Part 5 Forfeiture of property
Division 5.1 Conviction forfeiture orders
52 Meaning of conviction forfeiture order 63
53 Conviction forfeiture orders—application 63
54 Conviction forfeiture orders—making 64
55 Conviction forfeiture orders—forfeiture 64
56 When conviction forfeiture order ends 65
Division 5.2 Automatic forfeiture—conviction for serious offences
57 Unclaimed tainted property restraining orders—non-application of div 5.2 65
58 Automatic forfeiture of restrained property on conviction for serious offences 66
59 Automatic forfeiture—court order declaring property automatically forfeited 67
60 Automatic forfeiture—court orders 67
61 When automatic forfeiture under div 5.2 ends 68
Division 5.3 Automatic forfeiture—unclaimed tainted property
62 Forfeiture of unclaimed tainted property 69
63 When automatic forfeiture under div 5.3 ends 69
Division 5.4 Civil forfeiture orders
64 Artistic profits and unclaimed tainted property—non-application of div 5.4 70
65 Meaning of civil forfeiture order 70
66 Civil forfeiture orders—application 70
67 Civil forfeiture orders—making 71
68 Civil forfeiture orders—forfeiture 73
69 Civil forfeiture order proceedings—restrictions on disclosure 73
70 Civil forfeiture orders—disclosure offences 74
71 When civil forfeiture order ends 77
Part 6 Exclusion of property
Division 6.1 General
72 Meaning of exclusion order 78
73 When property is subject to forfeiture 79
74 Effect of exclusion order 79
Division 6.2 Making exclusion orders
75 Exclusion orders—application 79
76 Making of exclusion orders—ordinary offences 80
77 Making of exclusion orders—serious offences 82
77A Making of exclusion orders—unexplained wealth 84
78 Making of exclusion orders—unclaimed tainted property 85
Part 7 Penalty orders
Division 7.1 Benefits
79 Meaning of commission of serious offence for pt 7 87
80 Meaning of benefits derived by an offender 87
81 Meaning of artistic profits 88
Division 7.2 Making penalty orders
82 Meaning of penalty order 90
83 Penalty orders—application 90
84 Penalty orders—offenders convicted of ordinary offences 91
85 Penalty orders—commission of serious offences 91
86 Penalty orders—amount of penalty 93
87 Penalty orders—contents 94
88 Penalty orders—enforceable as judgment debt 95
89 Penalty orders—variation for reassessed value of benefits 95
Division 7.3 Value of benefits
90 Meaning of narcotic substance and property for div 7.3 96
91 Presumed value of benefits—ordinary offence 97
92 Presumed value of benefits—serious offence 98
93 Value of benefits—relevant matters 100
Division 7.4 Satisfaction of penalty order
94 Creation of penalty charge over restrained property 102
95 When penalty charge over property ends 103
96 Power to satisfy penalty order 104
97 Public trustee and guardian to repay any amount surplus to satisfying penalty order 105
Division 7.5 End of penalty orders
98 When penalty order ends 105
Part 7A Unexplained wealth orders
Division 7A.1 General
98A Meaning of unexplained wealth order 106
Division 7A.2 Making unexplained wealth orders
98B Unexplained wealth orders—application 106
98C Unexplained wealth order—affidavit supporting application 106
98D Unexplained wealth orders—making 107
98E Unexplained wealth orders—assessment of unexplained wealth 108
98F Unexplained wealth orders—hardship relief 110
Division 7A.3 Satisfaction of unexplained wealth order
98G Creation of unexplained wealth charge over restrained property 111
98H When unexplained wealth charge over property ends 112
98I Unexplained wealth orders—enforceable as judgment debt 112
98J Power to satisfy unexplained wealth order 113
98K Public trustee and guardian to repay any amount surplus to satisfying unexplained wealth order 114
Division 7A.4 End of unexplained wealth order
98L When unexplained wealth order ends 114
Part 8 Restrained property
Division 8.1 Management of restrained property by public trustee and guardian
99 Application of div 8.1 115
100 Powers of public trustee and guardian to preserve restrained property etc 115
101 Sale, modification or destruction of property by public trustee and guardian 116
102 Notice of sale, modification or destruction of restrained property by public trustee and guardian 117
103 Emergency modification or destruction of restrained property 118
104 Notice details to be included in public trustee and guardian’s report 118
105 Order to stop sale, modification or destruction of restrained property 120
Division 8.2 Joint ownership of restrained property
106 Effect of death on joint ownership 121
Part 9 Forfeited property
Division 9.1 Preliminary
107 Meaning of interested person in pt 9 122
108 Forfeited property—powers of public trustee and guardian 122
Division 9.2 Vesting and disposal of forfeited property
109 Vesting of forfeited property—general rule 124
110 Vesting of registrable property on forfeiture 124
111 Disposal of forfeited property 125
Division 9.3 Improperly obtained registered property interests
112 Application of div 9.3 to registered property interests 126
113 Discharge of prior registered property interests given for improper purposes 127
Division 9.4 Sale of jointly owned forfeited property
114 Application of div 9.4 to jointly owned property 128
115 Inconsistency with Trustee Act or Conveyancing Act 128
116 Order for sale of jointly owned property 129
117 Trust for sale of property 130
118 Effect of trust for sale on joint ownership 130
119 Distribution of proceeds of sale of property 130
120 Variation of court order for sale 131
Division 9.5 Forfeited property—return or compensation
121 Meaning of return or compensation order 131
122 Return or compensation orders—application 132
123 Return or compensation orders—making 133
Division 9.6 Forfeited property—buyback of interest
124 Meaning of buyback order 133
125 Buyback orders—application 134
126 Buyback orders—making 134
127 Buyback orders—buying interest in property 135
Part 10 Confiscated assets trust fund
Division 10.1 Preliminary
127A Definitions—pt 10 136
Division 10.2 Establishment and payments into and out of the trust fund
128 Definitions—div 10.2 137
129 Meaning of equitable sharing program 138
130 Establishment of trust fund 139
131 Payments into trust fund 139
132 Purposes of trust fund 140
133 Payments from trust fund 141
134 Distribution of surplus funds 141
135 Review of reserved and distributable funds by public trustee and guardian 142
Division 10.3 National cooperative scheme on unexplained wealth
Subdivision 10.3.1 Important concepts
135A Definitions—div 10.3 143
135B Meaning of decision‑making period—div 10.3 144
Subdivision 10.3.2 Sharing with the Commonwealth or a State
135C Purpose of subdiv 10.3.2 144
135D Shareable proceeds of the Territory to be reduced to net amount 145
135E Cooperating jurisdiction committee to establish CJC subcommittee 145
135F Non‑participating non-cooperating States’ share 145
135G Participating States’, cooperating States’ and Northern Territory’s share 146
135H When decisions about amounts may be made 147
135I Payment period 147
Part 11 Interstate orders
136 Meaning of authenticated for pt 11 148
137 Interstate restraining and forfeiture orders etc—registration 148
138 Interstate restraining and forfeiture orders etc—interim registration 149
139 Interstate restraining and forfeiture orders etc—effect of registration 150
140 Interstate restraining and forfeiture orders etc—ending of registration 151
141 Interstate restraining and forfeiture orders etc—cancellation of registration 151
142 Creation of interstate penalty charges 152
143 Interstate penalty charges—effect of creation 152
Part 12 Information gathering
Division 12.1 Inquiry notices
144 Meaning of inquiry notice 153
145 Inquiry notices—giving 153
146 Inquiry notices—form 154
147 Inquiry notices—immunity for complying financial institutions and staff 155
Division 12.2 Monitoring orders
148 Meaning of monitoring order 155
149 Monitoring orders—application 155
150 Monitoring orders—affidavit supporting application 156
151 Monitoring orders—making 156
Division 12.3 Transaction suspension orders
152 Meaning of transaction suspension order 158
153 Transaction suspension orders—application 158
154 Transaction suspension orders—affidavit supporting application 159
155 Transaction suspension orders—making 159
Division 12.4 Production orders for property-tracking documents
156 Meaning of production order 162
157 Meaning of property-tracking document 162
158 Production orders—application 163
159 Production orders—affidavit supporting application 163
160 Production orders—making 164
161 Production order proceedings—restrictions on disclosure 165
162 Production orders—variation 165
163 Production orders—consequential powers about documents 166
Division 12.5 Examination orders and notices
Subdivision 12.5.1 Preliminary
164 Definitions for div 12.5 167
165 Authorised investigators 168
Subdivision 12.5.2 Examination orders
166 Meaning of examination order 168
167 Examination orders—application 168
168 Examination orders—affidavit supporting application 169
169 Examination orders—making 169
170 Examination order proceedings—restrictions on disclosure 170
Subdivision 12.5.3 Examination notices
171 Meaning of examination notice 171
172 Examination notices—giving 171
173 Examination notices—form 172
Subdivision 12.5.4 Conducting examinations
174 Time and place of examination 173
175 Requirements made of person examined 173
176 Conduct of examination 173
177 Role of the examinee’s lawyer 174
178 Examinations—consequential powers about documents 174
179 Examinations—additional restrictions on disclosure 175
180 Protection of authorised investigator etc 176
Subdivision 12.5.5 Offences—examination notices
181 Obstruction etc of authorised investigator 176
182 Failing to attend examination 177
183 Offences relating to appearance at examination 177
184 Unauthorised presence at an examination 178
185 Examinations—additional disclosure offences 178
Division 12.6 Information order offences
186 Meaning of information order 181
187 Information orders—failure to comply 181
188 Information orders—false or misleading information 182
189 Information orders—false or misleading documents 182
190 Destruction etc of documents 183
191 Meaning of non-disclosable information order 184
192 Information orders—disclosure offences 185
193 Information orders—disclosure by police officers 187
194 Information orders—protection of complying financial institutions 187
Part 13 Search warrants
Division 13.1 Preliminary
195 Definitions for pt 13 188
Division 13.2 Search warrants—general
196 Applications for search warrants—general 190
197 Offence for making false etc statements in search warrant applications 191
198 Additional contents of search warrant applications 191
199 Issuing search warrants 192
200 When search warrant for property-tracking document may be issued 192
201 Contents of search warrants 192
202 Authorisation given by search warrants 193
Division 13.3 Telephone and electronic warrants
203 Applying for search warrants by telephone or other electronic means 194
204 Issuing search warrants by telephone or other electronic means 195
205 Unsigned warrants by telephone or other electronic means in court proceedings 196
206 Offence for stating incorrect names in warrants by telephone or other electronic means 196
207 Offence for execution etc of search warrant departing in material form 197
208 Offence for execution etc of unauthorised form of search warrant 197
209 Offence for giving unauthorised form of search warrant 198
Division 13.4 Executing search warrants
210 Search warrants—whether must be executed only during particular hours 199
211 Search warrants—restrictions on personal searches 199
212 Use of force and availability of assistance in executing search warrant 200
213 Search warrants—announcement before entry 201
214 Details of search warrant to be given to occupier etc 201
215 Occupier entitled to be present during search etc 202
216 Particular powers available to officers executing search warrant 202
217 Use of equipment to examine or process things 203
218 Moving things to another place for examination or processing 203
219 Use of electronic equipment at premises 204
220 Person with knowledge of computer or computer system to assist access etc 206
221 Securing electronic equipment 207
222 Copies of seized things to be provided 208
223 Providing documents after execution of search warrant 209
Division 13.5 Stopping and searching vehicles
224 Searches of vehicles without search warrant in emergency situations 209
225 How police officer exercises powers under s 224 210
Division 13.6 Search warrants—things seized
226 Receipts for things seized under search warrants 211
227 Keeping seized things under search warrants 211
228 Keeping things for further period 212
229 Issuing officer may order keeping of thing 213
230 Transfer of things seized to public trustee and guardian 213
Division 13.7 Search warrants—miscellaneous
231 Search warrants—false or misleading information 214
232 Search warrants—false or misleading documents 215
233 Obstruction etc of police officers and people assisting 215
234 Damage etc to be minimised 216
235 Compensation 216
Part 14 Court procedure
236 Meaning of confiscation proceeding 218
237 Confiscation and corresponding law order proceedings are civil, not criminal 220
238 Meaning of relevant court 220
239 Jurisdiction of Magistrates Court—confiscation proceedings 221
240 Jurisdiction of Magistrates Court—interstate orders 222
241 Jurisdiction of Supreme Court 223
242 Confiscation proceedings—transferred proceedings 223
243 Restricted access proceedings—notice of applications etc 224
244 Other confiscation proceedings—notice of applications etc 225
245 Applications for another confiscation proceeding in relation to same offence 226
246 Confiscation proceedings—time extensions for applications 227
247 Confiscation proceedings—amendment of applications 227
248 Confiscation proceedings—relevant material 228
249 Confiscation proceedings—witness not required to answer questions prejudicing investigation 228
250 Confiscation proceedings—additional orders 228
251 Contravention of additional orders under s 250 230
252 Confiscation proceedings—consent orders 230
253 Confiscation proceedings—notice of making orders 230
254 Concurrent proceedings 231
Part 15 Miscellaneous
255 Self-incrimination and other privileges overridden 232
256 Powers under Act not limited by criminal proceedings 233
257 Powers under Act do not limit each other or powers under other laws 234
258 Examination orders—reporting requirements 234
258A Review of unexplained wealth provisions 236
259 Approved forms 236
260 Regulation-making power 236
Dictionary237
Endnotes
1 About the endnotes 248
2 Abbreviation key 248
3 Legislation history 249
4 Amendment history 254
5 Earlier republications 265
Confiscation of Criminal Assets Act 2003
An Act to deprive people of the proceeds of crime and of property used for criminal activity, and for other purposes
Part 1Preliminary
Name of Act
This Act is the Confiscation of Criminal Assets Act 2003.
Purposes of Act
The purposes of this Act include the following:
(a)to encourage law-abiding behaviour by the community;
(b)to give effect to the principle of public policy that a person should not be enriched because of the commission of an offence, whether or not anyone has been convicted of the offence;
(c)to deprive a person of all material advantage derived from the commission of an offence, whatever the form into which property or benefits derived from the offence may have been changed;
(d)to deprive a person of property used, or intended by an offender to be used, in relation to the commission of an offence, whatever the form into which it may have been changed, and to prevent the person from using the property to commit other offences;
(e)to deprive a person of any unexplained wealth derived from serious criminal activity;
(f)to enable the effective tracing and seizure by law enforcement authorities of property used, or intended by an offender to be used, in relation to the commission of an offence and all material advantage derived from the offence;
(g)to provide for the enforcement in the ACT of orders, notices or decisions (however described) made under corresponding laws.
Application of Act to property and dealings
(1)This Act applies to property located anywhere, whether in the ACT, in Australia outside the ACT, or outside Australia.
(2)This Act applies to dealings with property anywhere, whether it happens in the ACT, in Australia outside the ACT, or outside Australia.
Application of Act to offences
This Act applies in relation to offences, whether committed, or alleged to have been committed, before or after the commencement of this Act.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
For example, the signpost definition ‘effective control, of property—see section 14.’ means that the term ‘effective control’ is defined in that section.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Part 2General overview of confiscation scheme
General overview
The notes to this section provide a general overview of the scheme of this Act.
Note 1Restraining orders
A court may make an order (a restraining order) preventing the disposal or other dealing with property. A restraining order may also be made to secure a property for payment of an amount that is the value of the person’s unexplained wealth (see note 4) or the payment of a penalty order (see note 5).
Property may be restrained even though it is not the offender’s property.
Note 2Confiscation of property on conviction
A court that convicts a person of a relevant offence may make an order (a conviction forfeiture order) for the forfeiture to the Territory of tainted property in relation to the offence (whether or not the tainted property is restrained).
If a person is convicted of a serious offence (generally an offence punishable by imprisonment for 5 years or more), all restrained property is, by the operation of this Act, forfeited to the Territory (an automatic forfeiture).
Property may be forfeited even though it is not the offender’s property.
Note 3Confiscation of property without conviction
If a court is satisfied on the balance of probabilities that a person has committed a serious offence, it may make an order (a civil forfeiture order) for the forfeiture to the Territory of all restrained property even though the person has not been convicted, or the person has been cleared, of the relevant offence.
Note 4Unexplained wealth orders
A court may, if the court is not satisfied that all or part of a person’s wealth is not derived from serious criminal activity, make an order (an unexplained wealth order) ordering the payment to the Territory of an amount assessed by the court as the value of the person’s unexplained wealth.
Note 5Penalty orders
A court may order the payment to the Territory (a penalty order) of the value of the tainted property and the advantages and other benefits derived in any way from the commission of a relevant offence and for restrained property be sold to satisfy the penalty order.
Note 6Exclusion of property from forfeiture and return or compensation for forfeited property
Provision is made for an order that property be excluded from forfeiture (an exclusion order) and forfeited property can be returned or compensation paid for it in certain circumstances. Provision is also made for the buyback of interests in forfeited property.
Part 3Key concepts
Note 1The following concepts are defined in this part:
·abscond—see s 16
·cleared, of an offence—see s 17
·convicted—see s 15 (1)
·derived—see s 12
·effective control, of property—see s 14
·finalised confiscation or criminal proceeding—see s 18
·offence—see s 13 (1)
·ordinary offence—see s 13 (2)
·quashed—see s 15 (3) and (4)
·related offence—see s 13 (3)
·relevant offence—see s 13 (2)
·serious offence—see s 13 (2)
·tainted property—see s 10
·unclaimed tainted property—see s 11.
Note 2Other important concepts include benefits (see s 80), penalty order (see s 82) and relevant court (see s 238).
Note 3Other important concepts are defined in the Legislation Act, dict, pt 1, including the following:
· indictment
· present.
What is tainted property
(1)In this Act:
tainted property, in relation to an offence, means—
(a)property that was used, or was intended by an offender to be used, in relation to the commission of the offence; or
(b)property that was derived by anyone from the commission of the offence; or
(c)property that was derived by anyone from property mentioned in paragraph (a) or (b);
and includes an amount of money held in an account with a financial institution that represents the value of property mentioned in paragraph (a), (b) or (c) that has been directly or indirectly credited to the account.
Note 1For the meaning of in relation to, see dict.
Note 2For the meaning of derived, see s 12.
Note 3Property includes an interest in property, see the Legislation Act, dict, pt 1.
(2)For subsection (1) (a), any property found in the possession of an offender at the time of, or immediately after, the commission of the offence is taken to be property that was used, or was intended by the offender to be used, in relation to the commission of the offence, unless the contrary is established by the offender.
Examples of tainted property for s 10
1 A car used as a getaway car for an armed robbery (see s (1) (a)).
2 Money and jewellery stolen during the commission of the armed robbery offence (see s (1) (b)).
3 Shares bought using money stolen during the commission of the armed robbery offence, or a mixture of that money and money unconnected with the offence (see s (1) (c) and s 12 (1) (Meaning of derived)).
4 A house in relation to which a mortgage is partly or completely discharged using money stolen during the commission of the armed robbery offence, or a mixture of that money and money unconnected with the offence (see s (1) (c) and s 12 (1)).
5 Money or other property received from the sale of the car, jewellery, shares or house mentioned in examples 1 to 4 (see s (1) (c) and s 12 (1)).
6 Other property purchased using the money mentioned in example 5 (see s (1) (c) and s 12 (1)).
7 Money stolen during the commission of the armed robbery offence is deposited in 1 or more accounts with a credit union and later transferred to a bank account that also contains money unconnected with the offence. The money in the bank account to the value of the money stolen during the commission of the offence is tainted property (see s (1)).
8 Money received from the sale of the car, jewellery, shares or house mentioned in examples 1 to 4 is deposited in a credit union account that also contains money unconnected with the armed robbery offence. The money in the account to the value of the money received from the sale of the car, jewellery, shares or house mentioned in examples 1 to 4 is tainted property (see s (1) and s 12 (1)).
What is unclaimed tainted property
In this Act:
unclaimed tainted property means property that—
(a)is tainted property in relation to an offence; and
NoteFor the meaning of in relation to, see dict.
(b)is not claimed by anyone;
even if it is not possible to identify the offence or an offender.
Examples of property that may be unclaimed tainted property
1 a large quantity of hydroponic equipment and lights for growing plants indoors that is found at premises suspected of being used for the production of drugs and that is not claimed by anyone
2 a large amount of money with traces of cocaine that is found in a house suspected of being used for drug dealing and that is not claimed by anyone
3 a large quantity of jewellery found in a car that has been recently used by several people and that is not claimed by anyone
4 a large amount of money found beneath a bridge in a bag that also contains traces of explosives
NoteA claim for property restrained under an unclaimed tainted property restraining order does not, of itself, change or end the restraining order, see s 46 (2).
11AMeaning of total wealth
(1)In this Act:
total wealth, of a person to whom a proceeding for an unexplained wealth order relates, is the sum of all of the values of the person’s wealth.
(2)In deciding the values of a person’s wealth—
(a)the value of property expended, consumed, disposed of, or for any other reason no longer available is the greater of—
(i)the value of the property at the time it was acquired; and
(ii)the value of the property immediately before expended, consumed, disposed of, or becoming unavailable; and
(b)the value of any other property is the greater of—
(i)the value of the property at the time it was acquired; and
(ii)the value of the property on the day that the application for the unexplained wealth order was made.
11BMeaning of wealth
In this Act:
wealth, of a person—
(a)means property that is or at any time was—
(i)owned by the person; or
(ii)under the effective control of the person; or
(iii)expended, consumed or disposed of by the person; and
Examples—property disposed of by the person
1property sold or traded
2property transferred as a gift
3money spent
(b)includes property owned, effectively controlled, expended, consumed or disposed of by the person before the commencement of this section and whether in or outside the ACT.
11CMeaning of serious criminal activity
(1)In this Act:
serious criminal activity means conduct by any person which, at the time of the conduct, was a serious offence.
(2)To remove any doubt, conduct is serious criminal activity—
(a)whether or not charges for a serious offence have been laid against a person for the conduct; or
(b)if charges for a serious offence have been laid against a person— whether or not the person—
(i)has been tried for the offence; or
(ii)has been acquitted, found guilty or convicted of the offences; or
(iii)has had a conviction for the offences quashed.
Meaning of derived
(1)In this Act:
derived—property or a benefit is derived if it is derived or realised, whether completely or partly and whether directly or indirectly.
Examples
See section 10, examples 3 to 6 and 8.
NoteFor the meaning of benefits, see s 80.
(2)Property or a benefit is derived by a person if it is derived by someone else at the request or direction of the person.
Example
Jane Citizen commits a relevant offence and then writes a book about the commission of the offence. Ms Citizen directs the book’s publisher to pay the royalties for the book to her spouse rather than to herself. The royalties would still be derived by Ms Citizen because they are derived by her spouse at her direction. (This may be relevant, for example, for deciding whether they are artistic profits and thus benefits under div 7.1.)
(3)For subsection (2), a request or direction of a person (the first person)—
(a)includes an understanding between the first person and someone else or the first person making it known (directly or indirectly) to someone else that a particular outcome (or an outcome of a particular kind) is wanted or required by the first person; and
(b)may be taken to have been made even though, after all the evidence has been considered, the existence of the request or direction can be found only by inference from the actions of people or from other relevant circumstances.
Meaning of offence and of particular kinds of offences
(1)In this Act:
offence means an offence against the law of the Territory, the Commonwealth, a State or another Territory.
(2)In this Act:
ordinary offence means a relevant offence other than a serious offence.
relevant offence—
(a)means either—
(i)an offence punishable by imprisonment for longer than 12 months; or
(ii)an offence against the Work Health and Safety Act 2011, section 31 (1); and
(b)includes an offence (however described) against the law of the Commonwealth, a State or another Territory that may be dealt with under a law of the Commonwealth, the State or the other Territory as an indictable offence (or in a way corresponding to the way in which an indictable offence against an ACT law may be dealt with), even if it may also be dealt with as a summary offence (however described) in some circumstances.
NoteAn offence against an ACT law is an indictable offence if it is punishable by imprisonment for longer than 2 years, or is declared by law to be an indictable offence (see Legislation Act, s 190 (1)).
serious offence—
(a)generally—means any of the following:
(i)an offence punishable by imprisonment for 5 years or longer;
(ii)an offence against the Work Health and Safety Act 2011, section 31 (1);
(iii)any other offence prescribed by regulation; and
(b)for an unexplained wealth provision—includes a schedule offence and any Commonwealth or State offence that corresponds to a schedule offence.
NoteState includes the Northern Territory (see Legislation Act, dict, pt 1).
(3)For this Act, an offence is related to another offence if the physical elements of the 2 offences are the same, or substantially the same, acts or omissions.
(4)In this section:
schedule offence—see the Crimes (Sentencing) Act 2005, section 61B.
Meaning of effective control of property
(1)For this Act, property may be subject to the effective control of a person whether or not the person has an interest in it.
NoteInterest, in relation to land or other property, means—
(a)a legal or equitable estate in the land or other property; or
(b)a right, power or privilege over, or in relation to, the land or other property.
See the Legislation Act, dict, pt 1.
(2)In deciding whether or not property is subject to the effective control of a person, or whether or not there are reasonable grounds to suspect or believe that it is, regard may be had to any relevant matter, including, for example, any of the following:
(a)shareholdings in, debentures over, or directorships of, a company that has an interest (whether direct or indirect) in the property (a relevant company);
(b)a trust that has a relationship to the property (a relevant trust);
(c)family, personal, business and other relationships between people having an interest in the property, or in a relevant company or relevant trust, and other people.
(3)However, property is taken to be subject to the effective control of a person if—
(a)it is held by someone else on trust or otherwise for the ultimate benefit of the person; or
(b)the person disposed of the property without sufficient consideration to someone else—
(i)if the property is the subject of an application for an unexplained wealth restraining order or an unexplained wealth order—at any time; or
(ii)if the property is associated with any other confiscation proceeding—within 6 years before or after the commission of the offence to which the application relates.
Note 1For the meaning of in relation to, see dict.
Note 2For the meaning of sufficient consideration, see dict.
Meaning of convicted and quashed
(1)For this Act, a person is taken to be convicted of an offence if—
(a)the person is convicted of the offence, whether summarily or on indictment; or
(b)the person is found guilty, but not convicted, of the offence; or
(c)the person absconds in relation to the offence.
Note 1Found guilty, of an offence, includes—
· having an order made for the offence under the Crimes (Sentencing) Act 2005, s 17 (Non-conviction orders—general)
· having the offence taken into account under the Crimes (Sentencing) Act 2005, s 57 (Outstanding additional offences taken into account in sentencing)
(see Legislation Act, dict, pt 1).
Note 2For the meaning of abscond, see s 16.
(2)The person is taken to be convicted of the offence—
(a)if subsection (1) (a) applies—on the day the person is convicted; or
(b)if subsection (1) (b) applies—on the day the person is found guilty; or
(c)if subsection (1) (c) applies—
(i)on the day the person is committed for trial for the offence; or
(ii)on the day a court, in a confiscation proceeding, makes an order that the evidence is of sufficient weight to support a conviction for the offence.
(3)For this Act, the person’s conviction for the offence is taken to be quashed when—
(a)if subsection (1) (a) applies—the conviction is quashed or set aside; or
(b)if subsection (1) (b) applies because the offence was taken into account in passing sentence for another offence—
(i)the person’s conviction or finding of guilty for the other offence is quashed or set aside; or
(ii)the decision to take the offence into account is quashed or set aside; or
(c)if subsection (1) (b) applies for another reason—the finding of guilty for the offence (however described) is quashed or set aside; or
(d)if subsection (1) (c) applies—the person is brought before a court for the offence, and the person is cleared of the offence.
NoteFor the meaning of cleared, see s 17.
(4)However, a person’s conviction for an offence is not taken to be quashed if a court quashes or sets aside the conviction or finding of guilty (however described) but orders the person to be retried for the offence.
When does someone abscond
(1)This section applies to an offender in relation to a relevant offence if—
(a)an indictment is presented against the offender for the offence; and
(b)a warrant is issued for the arrest of the offender for the offence; and
(c)either—
(i)the offender is committed for trial for the offence; or
(ii)a court, in a confiscation proceeding, makes a finding that the evidence is of sufficient weight to support the offender’s conviction for the offence.
NoteIndictment is defined in the Legislation Act, dict, pt 1 as including an information. (See also that Act, dict, pt 1, def present.)
(2)For this Act, the offender is taken to have absconded in relation to the offence if—
(a)the offender dies before the warrant is executed; or
(b)at the end of 6 months after the day the warrant is issued, the offender cannot be found; or
(c)at the end of 6 months after the day the warrant is issued—
(i)the offender is not amenable to justice for any other reason; and
(ii)if the offender is outside the ACT—an extradition proceeding against the offender is not on foot; or
(d)at the end of 6 months after the day the warrant is issued—
(i)the offender is not amenable to justice because the offender is outside the ACT; and
(ii)an extradition proceeding against the offender is on foot;
and the extradition proceeding later ends without an order for the offender’s extradition being made.
When is someone cleared of an offence
For this Act, a person is cleared of an offence if—
(a)an indictment for the offence lapses, or is withdrawn or struck out; or
(b)a charge for the offence is withdrawn or discharged; or
(c)the person is acquitted of the offence; or
(d)the person’s conviction for the offence is quashed.
NoteIndictment is defined in the Legislation Act, dict, pt 1 as including an information. (See also that Act, dict, pt 1, def present.)
When a proceeding is finalised
(1)For this Act, a confiscation proceeding is finalised if—
(a)the proceeding lapses, or is withdrawn or struck out; or
(b)the appeal period for an appeal against the final judgment of the court hearing the proceeding ends without an appeal having been made against the judgment; or
(c)if an appeal against the final judgment is made within the appeal period—the appeal is dismissed, withdrawn or struck out, or the appeal is otherwise finalised (within the meaning of this subsection).
(2)For this Act, a criminal proceeding is finalised if—
(a)the offender is cleared of the offence to which the proceeding relates; or
(b)the offender is convicted of an offence to which the proceeding relates, and the appeal period for an appeal against the conviction or finding of guilty (however described) ends without an appeal having been made against it; or
(c)if an appeal is made against the conviction or finding of guilty (however described) within the appeal period—the appeal is dismissed, withdrawn or struck out, or the appeal is otherwise finalised (within the meaning of this subsection) without a retrial having been ordered; or
(d)if a retrial has been ordered—the proceeding on the retrial is finalised (within the meaning of this subsection).
(3)In this section:
appeal period means the period within which an appeal may be made without an extension of time or leave to make the appeal out of time.
Part 4Restraint of property
Division 4.1 General
Meaning of restraining order
In this Act:
restraining order means an order under section 30 (Restraining orders over unclaimed tainted property—making), section 31 (Restraining orders over other property—making) or section 32A (Unexplained wealth restraining orders—making) that a person must not deal with the property stated in the order except in accordance with—
(a)the order; or
(b)another order under this Act of a relevant court; or
(c)this Act.
Meaning of artistic profits restraining order
In this Act:
artistic profits restraining order, in relation to an offence, means a restraining order made solely to satisfy a penalty order for artistic profits in relation to the offence.
Meaning of unclaimed tainted property restraining order
In this Act:
unclaimed tainted property restraining order means a restraining order made solely over unclaimed tainted property.
NoteA claim for property restrained under an unclaimed tainted property restraining order does not, of itself, change or end the restraining order (see s 46 (2)).
21AMeaning of unexplained wealth restraining order
In this Act:
unexplained wealth restraining order means a restraining order made under section 32A.
Restraining orders—purposes
A restraining order may be made to preserve property so that the property will be available for 1 or more of the following purposes:
(a)for forfeiture under a conviction forfeiture order;
(b)for automatic forfeiture;
(c)for forfeiture under a civil forfeiture order;
(d)to satisfy a penalty order;
(e)to satisfy an unexplained wealth order.
NotePt 5 deals with forfeiture, pt 7 deals with penalty orders and pt 7A deals with unexplained wealth orders.
Contravening restraining orders
(1)A person commits an offence if—
(a)the person deals with property; and
(b)the property is subject to a restraining order; and
(c)the person knows that, or is reckless about the fact that, the property is subject to a restraining order; and
(d)the dealing with the property contravenes the order.
Maximum penalty: 500 penalty units, imprisonment for 5 years or both.
(2)A person commits an offence if—
(a)the person deals with property; and
(b)the property is subject to a restraining order; and
(c)the dealing with the property contravenes the order; and
(d)either of the following applies:
(i)the restraining order, or details of the order, were recorded in a statutory property register under section 50 (2) (Restraining orders—registration in statutory property registers) when the person dealt with the property;
(ii)the person was given notice of the order under section 34 (Restraining orders—notice of making) before the person dealt with the property.
Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
(3)Strict liability applies to subsection (2) (b), (c) and (d).
(4)Subsections (1) and (2) do not apply if the dealing with the property is in accordance with—
(a)an additional order under section 39; or
(b)this Act.
Setting aside dealings with restrained property
(1)The DPP may apply to a relevant court for an order that a dealing with restrained property be set aside if—
(a)the dealing was in contravention of the restraining order; and
(b)the dealing—
(i)was not for sufficient consideration; or
(ii)transferred property to a person who was not acting honestly; or
(iii)transferred property to a person who did not take reasonable care to establish that the property may be lawfully acquired by the person.
(2)On application under subsection (1), the court may make an order setting aside a dealing with property in contravention of a restraining order.
(3)The order may be expressed to take effect on—
(a)the day when the dealing took place; or
(b)the day when the order setting aside the dealing is made.
(4)If the court makes an order mentioned in subsection (3) (b), the court must declare the rights of anyone who acquired an interest in the property on or after the day of the dealing and before the day the order is made.
Division 4.2 Making restraining orders
Note 1For general provisions about a proceeding for a restraining order (which is a confiscation proceeding—see s 236), see pt 14.
Note 2In particular, no advance notice to anyone is required of the application for the order, and the application may be heard in closed court, without the offender or the public being present (see s 243).
Restraining orders over unclaimed tainted property—application
(1)The DPP may apply to a relevant court for a restraining order over unclaimed tainted property.
(2)The application must state the following:
(a)that the application is for an unclaimed tainted property restraining order;
(b)the property sought to be restrained.
(3)The application must be supported by an affidavit under section 28 (Restraining orders over unclaimed tainted property—affidavit supporting application).
(4)An application for an unclaimed tainted property restraining order must be made only in relation to unclaimed tainted property (but may be made at the same time as an application for a restraining order over other property).
Restraining orders over other property—application
(1)The DPP may apply to a relevant court for a restraining order over any of the following:
(a)stated property of a person;
(b)stated property of a person and all other property of the person (including property acquired after the making of the order);
(c)all property of a person (including property acquired after the making of the order);
(d)all property of a person (including property acquired after the making of the order) other than stated property.
Note 1A reference to a person generally includes a reference to a corporation as well as an individual, see the Legislation Act, s 160. (See also the Legislation Act, dict, pt 1, def person.)
Note 2Property includes an interest in property, see the Legislation Act, dict, pt 1.
(2)The application must state the following:
(a)the offence to which the application relates;
(b)when it is alleged the offence was committed;
(c)the person who is alleged to have committed the offence;
(d)the person whose property the application relates to;
(e)the property sought to be restrained (including whether it is property of the offender or someone else);
NoteOffender includes a corporation, see dict.
(f)whether the application is for an artistic profits restraining order.
(3)The application must be supported by an affidavit under section 29 (Restraining orders over other property—affidavit supporting application).
(4)For subsection (2) (a), the application need not specify a particular offence and it is sufficient if the application states that some offence or other was committed.
(5)For subsection (2) (b), the application need not specify a particular time or day and it is sufficient if the application states a period within which the offence was committed.
(6)To remove any doubt—
(a)an application for a restraining order under this section may be made in relation to an interest (or interests) in property; and
NoteProperty includes an interest in property, see the Legislation Act, dict, pt 1.
(b)an application for a restraining order under this section may be made in relation to 2 or more offences; and
(c)an application for a restraining order under this section may be made in relation to the property of 2 or more people; and
(d)this section does not apply to an application for—
(i)a restraining order over unclaimed tainted property; or
(ii)an unexplained wealth restraining order.
26AUnexplained wealth restraining orders—application
(1)The DPP may apply to a relevant court for an unexplained wealth restraining order over any of the following:
(a)stated property of a person;
(b)stated property of a person and all other property of the person (including property acquired after the making of the order);
(c)all property of a person (including property acquired after the making of the order);
(d)all property of a person (including property acquired after the making of the order) other than stated property.
(2)The application must state the following:
(a)that the application is for an unexplained wealth restraining order;
(b)the person in relation to whom the order is sought;
(c)any other person whose property the application relates to;
(d)the property sought to be restrained (including whether it is the property of that person or someone else).
(3)The application must be supported by an affidavit under section 29A.
Restraining orders—time for making certain applications
(1)This section does not apply to an application for—
(a)an artistic profits restraining order; or
(b)an unclaimed tainted property restraining order; or
(c)an unexplained wealth restraining order.
(2)An application for a restraining order in relation to an ordinary offence must be made before the end of the longer of the following periods:
(a)if an indictment has been presented against the offender for the offence, and the offender has not been convicted or cleared of the offence—2 years after the day the indictment was presented;
(b)if the offender has been convicted of the offence (and not cleared)—2 years after the day of the conviction;
(c)in any case—6 years after the day the offence was committed (or is alleged to have been committed).
Note 1For the meaning of in relation to, see dict.
Note 2Indictment is defined in the Legislation Act, dict, pt 1 as including an information. (See also that Act, dict, pt 1, def present.)
Note 3The court may allow leave for an application to be made after a time fixed by this section in certain circumstances (see s 49 and s 246).
(3)An application for a restraining order in relation to a serious offence must be made before the end of the longer of the following periods:
(a)if an indictment has been presented against the offender for the offence, and the offender has not been convicted or cleared of the offence—2 years after the day the indictment was presented;
(b)if the offender has been convicted of the offence—2 years after the day of the conviction;
(c)in any case—6 years after the day the offence was committed (or is alleged to have been committed).
NoteThe court may allow leave for an application to be made after a time fixed by this section in certain circumstances (see s 49 and s 246).
Restraining orders over unclaimed tainted property—affidavit supporting application
(1)An affidavit by a police officer supporting an application under section 25 (Restraining orders over unclaimed tainted property—application) for an unclaimed tainted property restraining order must state—
(a)that the police officer suspects that the property is unclaimed tainted property; and
(b)that the property has not been claimed by anyone.
NoteNo time limit applies to an application for an unclaimed tainted property restraining order (see s 27 (1) (b)).
(2)The affidavit must state that the police officer believes that the property sought to be restrained may be required to satisfy a purpose mentioned in section 22 (Restraining orders—purposes).
(3)For subsection (2), no particular purpose need be stated in the affidavit.
(4)The affidavit must state the grounds for each suspicion or belief of the police officer stated in the affidavit.
Restraining orders over other property—affidavit supporting application
(1)An affidavit by a police officer supporting an application under section 26 (Restraining orders over other property—application) for a restraining order must state—
(a)that the officer believes that an indictment has been presented against the offender for a stated relevant offence, or that the offender has been convicted of a stated relevant offence; or
(b)that the officer suspects that the offender has committed a stated relevant offence, and that it is intended, within a stated period—
(i)for an ordinary offence—to present an indictment against the offender for the offence (or a related relevant offence); or
(ii)for a serious offence—
(A)to present an indictment against the offender for the offence (or a related serious offence); or
(B)to apply for a civil forfeiture order or a penalty order in relation to the offence (or a related serious offence).
NoteIndictment is defined in the Legislation Act, dict, pt 1 as including an information. (See also that Act, dict, pt 1, def present.)
(2)Subsection (1) (b) does not require the police officer to specify a particular offence in the affidavit and it is sufficient if the police officer suspects that the offender has committed a particular kind of offence and the affidavit describes the nature of the offence in general terms.
(3)If the application is not for an artistic profits restraining order, the affidavit must state that the police officer believes that the application is being made within the relevant period mentioned in section 27 (Restraining orders—time for making certain applications) for the offence to which the application relates.
NoteNo time limit applies to an application for an artistic profits restraining order (see s 27 (1) (a)).
(4)For subsection (3), if the application relates to a serious offence, it is sufficient if the police officer believes that the offence was committed within the relevant period mentioned in section 27, and it is not necessary for the officer to believe that the offence was committed on any particular day or time within the relevant period.
(5)The affidavit must state, for the property mentioned in the application, or for each stated part of the property—
(a)that the officer suspects that the property is either the offender’s property or the property of someone else; and
(b)for property that the officer suspects is the property of someone else—
(i)that the officer suspects that the property is tainted property; or
(ii)that the officer suspects that the property is subject to the offender’s effective control.
(6)The affidavit must state that the police officer believes that—
(a)the property sought to be restrained may be required to satisfy a purpose mentioned in section 22 (Restraining orders—purposes); and
(b)if the application is for an artistic profits restraining order—the property sought to be restrained may be required to satisfy a penalty order for artistic profits in relation to the offence.
(7)For subsection (6) (a), no particular purpose need be stated in the affidavit.
(8)The affidavit must state the grounds for each belief or suspicion of the police officer stated in the affidavit.
29AUnexplained wealth restraining order—affidavit supporting application
(1)An affidavit by a police officer supporting an application under section 26A for an unexplained wealth restraining order must state that the police officer suspects that—
(a)a person’s total wealth exceeds the value of the person’s wealth that was lawfully acquired; and
(b)the whole or any part of the person’s wealth was derived from serious criminal activity.
NoteDerived includes realised (see s 12).
(2)Subsection (1) (b) does not require the police officer to specify in the affidavit a particular offence for serious criminal activity, and it is sufficient if the police officer suspects and the affidavit describes the nature of the activity in general terms.
(3)The affidavit must state, for the property mentioned in the application, or for each stated part of the property—
(a)that the officer suspects that the property is either the property of the person in relation to whom the order is sought or the property of someone else; and
(b)for property that the officer suspects is the property of someone else—
(i)that the officer suspects that the property is tainted property; or
(ii)that the officer suspects that the property is subject to the effective control of the person in relation to whom the order is sought.
(4)The affidavit must state that the police officer believes that the property sought to be restrained may be required to satisfy an unexplained wealth order.
(5)The affidavit must state the grounds for each belief or suspicion of the police officer stated in the affidavit.
Restraining orders over unclaimed tainted property—making
(1)This section applies if an application is made under section 25 (Restraining orders over unclaimed tainted property—application) to a relevant court for an unclaimed tainted property restraining order in relation to an offence.
(2)The relevant court must make a restraining order over the property to which the application relates if, having regard to the police officer’s affidavit supporting the application and any other evidence before the court, the court is satisfied that there are reasonable grounds for the officer’s suspicions and beliefs stated in the affidavit.
NoteA claim for property restrained under an unclaimed tainted property restraining order does not, of itself, change or end the restraining order (see s 46 (2)).
(3)The restraining order may direct the public trustee and guardian to take control of the restrained property.
NoteFor the commencement of a restraining order, see the Legislation Act, s 73 (4).
(4)To remove any doubt, for making a restraining order under this section, it is irrelevant whether there is any risk of the property being dealt with in a way that would defeat or hinder the purposes of this Act.
Restraining orders over other property—making
(1)This section applies if an application is made under section 26 (Restraining orders over other property—application) to a relevant court for a restraining order in relation to an offence.
(2)The relevant court must make a restraining order over the property to which the application relates if, having regard to the police officer’s affidavit supporting the application and any other evidence before the court—
(a)the court is satisfied that there are reasonable grounds for the officer’s beliefs and suspicions stated in the affidavit; and
(b)if an indictment has not been presented for the offence, or the offence is a serious offence of which the offender has been cleared—the court is satisfied that, within 6 weeks after the date of the order or (if allowed by the court) a longer period of not longer than 3 months after that date—
(i)for an ordinary offence—it is intended to present an indictment against the offender for the offence (or a related relevant offence); or
(ii)for a serious offence—
(A)it is intended to present an indictment against the offender for the offence (or a related serious offence); or
(B)it is intended to apply for a civil forfeiture order or a penalty order in relation to the offence (or a related serious offence).
NoteIndictment is defined in the Legislation Act, dict, pt 1 as including an information. (See also that Act, dict, pt 1, def present.)
(3)The restraining order may do either or both of the following:
(a)direct the public trustee and guardian to take control of the restrained property or stated restrained property;
(b)provide, under section 37 or section 38, for living and business expenses, or legal expenses, to be met out of the restrained property.
NoteFor the commencement of a restraining order, see the Legislation Act, s 73 (4).
(4)The relevant court may refuse to make the restraining order if the DPP does not give the relevant court any undertaking that the court considers appropriate about the payment of damages or costs in relation to the making or operation of the order.
(5)To remove any doubt—
(a)a restraining order may be made under this section in relation to an interest (or interests) in property; and
NoteProperty includes an interest in property, see the Legislation Act, dict, pt 1.
(b)a restraining order may relate to 2 or more offences committed (or alleged to have been committed) by an offender; and
NoteOffender includes a corporation, see dict.
(c)a restraining order may relate to the property of 2 or more people; and
(d)for making a restraining order under this section, it is irrelevant whether there is any risk of the property being dealt with in a way that would defeat or hinder the purposes of this Act.
Making of restraining orders—specific serious offence not required etc
(1)For section 31 and to remove any doubt, if the relevant court is satisfied that there are reasonable grounds for the police officer’s belief that a serious offence was committed by the offender within the relevant period mentioned in section 27 (Restraining orders—time for making certain applications), the court must not refuse to make a restraining order in relation to the offence only because the court is not satisfied—
(a)that the officer had any belief that a particular serious offence was committed within the relevant period; or
(b)that the officer had any belief about the particular day or time when the offender committed the offence within the relevant period; or
(c)that there are reasonable grounds for any belief by the officer about anything mentioned in paragraph (a) or (b).
NoteFor the meaning of in relation to, see dict.
(2)Also, for section 31 and to remove any doubt, the relevant court must not refuse to make a restraining order in relation to the offender only because—
(a)an indictment has not been presented against the offender for the offence; or
(b)the offender has not been convicted of the offence; or
(c)the offender has been cleared of the offence, including being cleared after having been convicted of the offence; or
(d)a doubt is raised about whether the person committed the offence.
32AUnexplained wealth restraining order—making
(1)This section applies if an application is made under section 26A to a relevant court for an unexplained wealth restraining order.
(2)The relevant court must make an unexplained wealth restraining order over the property to which the application relates if, having regard to the police officer’s affidavit supporting the application and any other evidence before the court, the court is satisfied there are reasonable grounds for the officer’s suspicions stated in the affidavit.
(3)The restraining order may direct the public trustee and guardian to take control of the restrained property.
Restraining orders—contents
(1)A restraining order must state that a person must not deal with the property stated in the order except in accordance with—
(a)the order; or
(b)another order under this Act of a relevant court; or
(c)this Act.
(2)A restraining order (other than an unclaimed tainted property restraining order) must also state—
(a)that it is a restraining order under this Act; and
(b)the person (or people) whose property it applies to; and
(c)for each person to whose property it applies to—the property to which it applies, including whether it applies to property acquired after the making of the order; and
(d)if section 31 (2) (b) (Restraining orders over other property—making) applies to the restraining order—the applicable period under the paragraph; and
NoteThe restraining order ends unless an indictment is presented or, for a serious offence, a forfeiture or penalty application is made, before the end of the stated period (see table 47 and table 48).
(e)if the order directs the public trustee and guardian to take control of the restrained property or stated restrained property—the direction and the property to which it applies; and
(f)if the relevant court making the order has given a direction under section 35 (Restraining order proceedings—restrictions on disclosure)—
(i)the direction given by the court; and
(ii)the effect of section 36 (Restraining orders—disclosure offences) in relation to the direction; and
(g)if the order provides, under section 37 or section 38, for living and business expenses, or legal expenses, to be met out of the restrained property—
(i)the kind of expenses that may be met out of the restrained property; and
(ii)the period during which the expenses may be met out of the restrained property; and
(iii)the maximum amount of the expenses that may be met out of the restrained property.
(3)An unclaimed tainted property restraining order must also state—
(a)that it is an unclaimed tainted property restraining order under this Act; and
(b)the property to which it applies; and
(c)if the relevant court making the order has given a direction under section 35—
(i)the direction given by the court; and
(ii)the effect of section 36 in relation to the direction; and
(d)that, unless a relevant court makes an order that stops the operation of the restraining order over the property, the property will be automatically forfeited under this Act to the Territory at the end of 14 days after the day the order is made.
(4)A failure by a relevant court to comply with this section in relation to the restraining order does not invalidate the restraining order or any forfeiture order or automatic forfeiture made in relation to the property restrained under the restraining order.
Restraining orders—notice of making
(1)If a court makes a restraining order over property, the DPP must give a copy of the order to—
(a)for an unclaimed tainted property restraining order—anyone the DPP suspects may have an interest in the property; and
(b)for any other restraining order—the owner of the restrained property and anyone else the DPP suspects may have an interest in the property.
NoteFor how documents may be served, see the Legislation Act, pt 19.5.
(2)A relevant court may order the DPP to—
(a)give a copy of a restraining order, the application for the order or the supporting affidavit to anyone and may give directions about how any document is to be given to the person; or
(b)give notice of the order to anyone and may give directions about how the notice is to be given.
(3)Subsections (1) and (2) have effect subject to any direction of the court under section 35.
Restraining order proceedings—restrictions on disclosure
(1)On application by the DPP, a relevant court hearing an application for a restraining order may give directions prohibiting or restricting the publication or disclosure of 1 or more of the following:
(a)the fact that an application for the order, or that a restraining order, has been made;
(b)the application for the order;
(c)the supporting affidavit for the order and any other affidavit filed in relation to the application;
(d)any information about the proceeding (whether or not a hearing has been held);
(e)any evidence given, statement made or thing done during the proceeding;
(f)any information, document or thing derived from anything mentioned in this subsection.
Examples of directions
1 that the application for the restraining order and a stated part of the supporting affidavit not be disclosed to the person against whom the restraining order is made until the court has decided an application for another restraining order against someone else’s property
2 that the supporting affidavit must be made available only to the offender’s lawyer
(2)In deciding whether to give a direction under subsection (1), the court must have regard to whether the direction—
(a)would promote the purposes of this Act; or
(b)is desirable to protect the integrity of an investigation (however described) for any purpose or a prosecution of an offence.
(3)The court may also have regard to any other relevant matter in deciding whether to give a direction under subsection (1).
Restraining orders—disclosure offences
NoteAn offence against this section is a strict liability offence (see s (7)).
(1)A person commits an offence if—
(a)a relevant court has given a direction under section 35 (1) prohibiting or restricting the publication or disclosure of a matter mentioned in the subsection; and
(b)the person has notice of the direction (whether by being given a copy of the restraining order to which the direction relates or otherwise); and
(c)the person publishes or discloses the matter to someone else.
Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
(2)A person commits an offence if—
(a)a relevant court has given a direction under section 35 (1) prohibiting or restricting the publication or disclosure of a matter mentioned in the subsection; and
(b)the person has notice of the direction (whether by being given a copy of the restraining order to which the direction relates or otherwise); and
(c)the person publishes or discloses information to someone else; and
(d)the other person could infer from the information the matter to which the direction relates.
Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
(3)Subsections (1) and (2) do not apply if the publication or disclosure is made to any of the following entities in the circumstances mentioned for the entity:
(a)a police officer—in any circumstances;
(b)an officer, employee or agent of the person—to ensure that the order is complied with and the person to whom the publication or disclosure is made is given notice of the direction (whether by being given a copy of the restraining order to which the direction relates or otherwise) by the person making the publication or disclosure;
(c)a lawyer—to obtain legal advice or representation in relation to the order;
(d)a relevant court—with the court’s leave.
NoteThe application for leave, and any proceeding with the court’s leave, must be heard in closed court (see s (8)).
(4)Also, subsections (1) and (2) do not apply if the publication or disclosure is made—
(a)by a police officer in the exercise of the officer’s functions; or
(b)for the purpose of giving or obtaining legal advice, or making legal representations, in relation to the order.
(5)A person commits an offence if—
(a)a relevant court has given a direction under section 35 (1) prohibiting or restricting the publication or disclosure of a matter mentioned in the subsection; and
(b)the person receives information in relation to the matter in accordance with subsection (3) or (4); and
(c)the person ceases to be a person mentioned in subsection (3) or (4); and
(d)the person publishes or discloses the matter to someone else.
Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
(6)A person commits an offence if—
(a)a relevant court has given a direction under section 35 (1) prohibiting or restricting the publication or disclosure of a matter mentioned in the subsection; and
(b)the person receives information in relation to the matter in accordance with subsection (3) or (4); and
(c)the person ceases to be a person mentioned in subsection (3) or (4); and
(d)the person publishes or discloses information to someone else; and
(e)the other person could infer from the information the matter to which the direction relates.
Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
(7)An offence against this section is a strict liability offence.
(8)For subsection (3) (d), an application for leave, and any proceeding with the court’s leave, must be heard in closed court.
Payment of living and business expenses from restrained property
(1)A relevant court may, in a restraining order or an order under section 39 (Additional orders about restraining orders and restrained property) varying a restraining order, allow any of the following expenses to be met out of the restrained property of a person, or a stated part of the property:
(a)the living and business expenses of the person (other than the person’s legal expenses in defending a criminal charge);
(b)the living expenses of a dependant of the person.
Note 1For legal expenses in defending a criminal charge, see s 38.
Note 2For the meaning of dependant, see dict.
(2)However, the court must not allow expenses to be met out of restrained property unless—
(a)the person satisfies the court that—
(i)the expenses are reasonable; and
(ii)the expenses are necessary to avoid undue hardship to the person or the person’s dependants; and
(iii)the expenses cannot be met out of property of the person not subject to a restraining order; and
(b)the court is satisfied that any property to be released from restraint for the expenses does not have evidentiary value in any criminal proceeding; and
(c)if the restrained property includes tainted property—the court is satisfied that—
(i)the tainted property is not required to meet the expenses; or
(ii)if the tainted property is required to meet the expenses—it is just and equitable for the tainted property to meet the expenses.
(3)When deciding whether expenses are reasonable, or necessary to avoid undue hardship, the court must take into account that—
(a)a person should be able to—
(i)satisfy the person’s essential physical and psychological needs; and
(ii)have a minimum standard of living that is neither meagre nor luxurious; and
(iii)participate in the life of the person’s community; and
(iv)have nutritious food, access to transport or personal transportation, appropriate clothing for the place where the person lives, furniture and essential appliances; and
(v)have equipment to participate in ordinary leisure activities; and
(b)the purpose of allowing living and business expenses is not to avoid every hardship but only undue hardship to the person or the person’s dependants.
(4)When determining undue hardship, the court must as far as practicable having regard to the minimum standard of living mentioned in subsection (3) (a) (ii), not take into account hardship arising from the loss of a previous standard of living to the extent that the previous standard of living was likely to have been the result of the commission of an offence, a material advantage derived from an offence or unexplained wealth.
(5)For subsection (2) (b), the court must assume the property does not have evidentiary value unless the contrary is proved.
(6)A regulation may—
(a)prescribe matters to which the court may, must or must not have regard for subsection (2) (a) (i) or (ii); and
(b)prescribe, or make provision in relation to, the maximum amount of living or business expenses of a person that may be allowed (for a period or otherwise).
(7)A regulation made for this section may apply, adopt or incorporate (with or without change) a provision of a law of the Commonwealth or a State, or an instrument, as in force from time to time.
Note 1The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).
Note 2A notifiable instrument must be notified under the Legislation Act.
·transgender person (see s169A).
abscond—see section 16.
account means any facility or arrangement through which a financial institution accepts deposits or allows withdrawals, and includes—
(a)a facility or arrangement for a fixed term deposit or a safe-deposit box; and
(b)a facility or arrangement prescribed by regulation for this definition.
agent, for an agent that is a corporation, includes an officer, employee or agent of the corporation.
artistic profits—see section 81 (1).
artistic profits restraining order—see section 20.
associate, for division 12.5 (Examination orders and notices)—see section 164.
at, for part 13 (Search warrants)—see section 195.
authenticated, in relation to a corresponding law order, for part 11 (Interstate orders)—see section 136.
authorised investigator, for division 12.5 (Examination orders and notices)—see section 165 (1).
automatic forfeiture, of property, means the forfeiture of the property—
(a)under division 5.2 (Automatic forfeiture—conviction for serious offences); or
(b)under division 5.3 (Automatic forfeiture—unclaimed tainted property).
NoteA registered interstate automatic forfeiture decision is taken to be an automatic forfeiture under this Act (see s 139).
benefit includes service or advantage.
benefits, derived by an offender—see section 80.
buyback order—see section 124.
civil forfeiture order—see section 65.
CJC subcommittee, for division 10.3 (National cooperative scheme on unexplained wealth)—see section 135E.
cleared, of an offence—see section 17.
commission—
(a)of a serious offence, for part 7 (Penalty orders)—see section 79; and
(b)of an offence by a person who has absconded—includes the alleged commission of the offence by the person.
confiscation proceeding—see section 236.
contributing jurisdiction, for division 10.3 (National cooperative scheme on unexplained wealth)—see section 135A.
contribution, for division 10.3 (National cooperative scheme on unexplained wealth)—see section 135A.
convicted—see section 15 (1).
conviction forfeiture order—see section 52.
cooperating jurisdiction committee, for division 10.3 (National cooperative scheme on unexplained wealth)—see section 135A.
cooperating State, for division 10.3 (National cooperative scheme on unexplained wealth)—see section 135A.
corresponding law means a law of the Commonwealth, a State or another Territory that is declared by regulation to be a corresponding law, whether or not the law corresponds, or substantially corresponds, to this Act.
corresponding law order means an order, notice or decision (however described) made under a corresponding law, whether or not the order, notice or decision—
(a)is made by a court; or
(b)corresponds, or substantially corresponds, to an order, notice or decision under this Act.
corresponding proceeds, of a State or the Territory, for part 10 (Confiscated assets trust fund)—see section 127A.
data, for part 13 (Search warrants)—see section 195.
data storage device, for part 13 (Search warrants)—see section 195.
dealing, with property of a person, includes, for example—
(a)if a debt is owed to the person—making a payment to anyone in reduction of the debt; and
(b)disposing of the property (including, for example, making a gift of the property or removing the property from the ACT or Australia); and
(c)receiving the property, whether as a gift or otherwise; and
(d)creating or assigning an interest in the property; and
(e)using the property to obtain or extend credit; and
(f)using credit secured against the property.
decision-making period, for division 10.3 (National cooperative scheme on unexplained wealth)—see section 135B.
dependant, of a person, means—
(a)the person’s domestic partner; or
(b)the person’s child, or a member of the person’s household, who depends on the person for support.
derived—see section 12.
distributable funds, for division 10.2 (Establishment and payments into and out of the trust fund)—see section 128.
effective control, of property—see section 14.
encumbrance, in relation to property, includes any interest, mortgage, charge, right, claim or demand in relation to the property.
equitable sharing program, for division 10.2 (Establishment and payments into and out of the trust fund)—see section 129.
examination notice—see section 171.
examination order—see section 166.
exclusion order—see section 72.
executing police officer, of a search warrant, for part 13 (Search warrants)—see section 195.
finalised, for a confiscation or criminal proceeding—see section 18.
financial institution means—
(a)an authorised deposit-taking institution; or
(b)the Reserve Bank of Australia; or
(c)an entity registered or incorporated as a co‑operative housing society or similar society under the law of the Territory, a State or another Territory; or
(d)a person who carries on State banking within the meaning of the Commonwealth Constitution, section 51 (13); or
(e)a corporation that is, or that, if it had been incorporated in Australia, would be, a financial corporation within the meaning of the Commonwealth Constitution, section 51 (20); or
(f)a person who permits someone else to deposit money with the person for use by the other person in relation to gaming or betting; or
(g)an entity prescribed by regulation for this definition.
forfeited property, means property forfeited under part 5 (Forfeiture of property).
forfeiture order means a civil forfeiture order or a conviction forfeiture order.
NoteA registered interstate forfeiture order is taken to be a forfeiture order under this Act (see s 139).
forfeiture or penalty application, for division 4.3 (Duration of restraining orders)—see section 41.
frisk search, for part 13 (Search warrants)—see section 195.
fully satisfied—a forfeiture order, penalty order, unexplained wealth order or an automatic forfeiture of property, is fully satisfied when—
(a)for an automatic forfeiture of property or a forfeiture order—the property that is the subject of the automatic forfeiture or order has vested in law in the Territory and the public trustee and guardian has taken control of the property; and
(b)for a penalty order or unexplained wealth order—the amount of the order has been paid to, or recovered by, the Territory or realised by the public trustee and guardian from the disposal of property.
information order—see section 186.
inquiry notice—see section 144.
in relation to—to remove any doubt, in relation to includes—
(a)in; and
(b)for or for the purposes of; and
(c)in connection with; and
(d)in respect of; and
(e)with respect to.
Example
The phrase ‘property used, or intended to be used by an offender, in relation to the commission of an offence’ (in s 3 (d) and elsewhere) refers to 1 or more of the following:
(a)property used in or in relation to the commission of the offence;
(b)property used for or for the purposes of the commission of the offence;
(c)property used in connection with the commission of the offence;
(d)property used in respect of the commission of the offence;
(e)property used with respect to the commission of the offence.
interested person, for part 8 (Forfeited property)—see section 107.
interstate automatic forfeiture decision means a corresponding law order prescribed by regulation for this definition.
interstate civil forfeiture order means a corresponding law order prescribed by regulation for this definition.
interstate conviction forfeiture order means a corresponding law order prescribed by regulation for this definition.
interstate forfeiture order means an interstate civil forfeiture order or interstate conviction forfeiture order.
interstate penalty charge—see section 142 (2) (Interstate penalty charges).
interstate penalty order means a corresponding law order prescribed by regulation for this definition.
interstate restraining order means a corresponding law order prescribed by regulation for this definition.
interstate unexplained wealth order means a corresponding law order prescribed by regulation for this definition.
investigation, for division 12.5 (Examination orders and notices)—see section 164.
issuing officer, for a search warrant, for part 13 (Search warrants)—see section 195.
joint ownership—property is jointly owned if the owners own the property as joint tenants or tenants in common.
money laundering offence means—
(a)an offence against the Crimes Act 1900, division 6.2A (Money laundering and organised fraud); or
(b)an offence against a law of the Commonwealth, a State or another Territory that is declared by regulation to be a corresponding offence, whether or not the offence corresponds, or substantially corresponds, to an offence mentioned in paragraph (a).
monitoring order—see section 148.
narcotic substance, for division 7.3 (Value of benefits)—see section 90.
national cooperative scheme, for part 10 (Confiscated assets trust fund)—see section 127A.
national cooperative scheme on unexplained wealth, for part 10 (Confiscated assets trust fund)—see section 127A.
NCSUW agreement, for part 10 (Confiscated assets trust fund)—see section 127A.
non-disclosable information order—see section 191.
non-participating State, for division 10.3 (National cooperative scheme on unexplained wealth)—see section 135A.
occupier, of premises, for part 13 (Search warrants)—see section 195.
offence—see section 13 (1).
offender, in relation to an offence, means a person (including a corporation) who committed, or is alleged to have committed, the offence.
NoteA reference to a person generally includes a reference to a corporation as well as an individual, see the Legislation Act, s 160. (See also the Legislation Act, dict, pt 1, def person.)
ordinary offence—see section 13 (2).
ordinary search, for part 13 (Search warrants)—see section 195.
participating State, for division 10.3 (National cooperative scheme on unexplained wealth)—see section 135A.
party, to an offence, means a person who—
(a)commits or participates in the offence; or
(b)is an accessory before or after the fact to the offence.
penalty charge—see section 94 (4) (Creation of penalty charge over restrained property).
NoteAn interstate penalty charge is taken to be a penalty charge under this Act (see s 142).
penalty order—see section 82.
person assisting, in relation to a search warrant, for part 13 (Search warrants)—see section 195.
premises, for part 13 (Search warrants)—see section 195.
proceeds of confiscated assets, for part 10 (Confiscated assets trust fund)—see section 127A.
production order—see section 156.
property—
(a)of an offender, for division 7.3 (Value of benefits)—see section 90; and
(b)of a person, includes property in which the person has a beneficial interest.
property-tracking document—see section 157.
purposes of this Act—see section 3.
quashed—see section 15 (3) and (4).
registered, for a corresponding law order, means registered under part 11 (Interstate orders).
registrable property means property title to which is passed by registration in a statutory property register.
registered property interest means an interest in property recorded in a statutory property register.
related offence—see section 13 (3).
relevant court—see section 238.
relevant offence—see section 13 (2).
reserved funds, for division 10.2 (Establishment and payments into and out of the trust fund)—see section 128.
restrained, in relation to property, means property subject to a restraining order.
restraining order—see section 19.
NoteA registered interstate restraining order is taken to be a restraining order under this Act (see s 139).
return or compensation order—see section 121.
search warrant, for part 13 (Search warrants)—see section 195.
serious criminal activity—see section 11C.
serious offence—see section 13 (2).
shareable, in relation to proceeds of confiscated assets or corresponding proceeds under the national cooperative scheme, for part 10 (Confiscated assets trust fund)—see section 127A.
statutory property register means a register kept under a territory law, or a law of the Commonwealth, a State or another Territory, for recording ownership of property (including interests in property) if—
(a)title to the property is passed by registration in the register of ownership of the property; or
(b)the owner of an interest in the property may lose the interest if the interest is not registered in the register.
Example
the register of land titles kept under the Land Titles Act 1925, section 43
subject to forfeiture, in relation to property—see section 73.
sufficient consideration, in relation to acquiring or disposing or otherwise dealing with property, means acquiring, disposing of, or otherwise dealing with, the property for a consideration that is sufficient and that appropriately reflects the value of the property having regard only to commercial considerations.
tainted property—see section 10.
target material, for part 13 (Search warrants)—see section 195.
total wealth, of a person to whom a proceeding for an unexplained wealth order relates—see section 11A.
transaction suspension order—see section 152 (1).
trust fund means the confiscated assets trust fund under section 130.
unclaimed tainted property—see section 11.
unclaimed tainted property restraining order—see section 21.
unexplained wealth charge—see section 98G (4).
unexplained wealth order—see section 98A.
unexplained wealth provision means the following:
(a)section 32A;
(b)section 98D;
(c)a provision of this Act to the extent that it relates to a provision mentioned in paragraph (a) or (b).
Examples—par (c)
· section 3 (e)
· section 26A
· section 98E
unexplained wealth restraining order—see section 21A.
vehicle, for part 13 (Search warrants)—see section 195.
wealth, of a person—see section 11B.
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired
Legislation history
Confiscation of Criminal Assets Act 2003 A2003-8
notified LR 27 March 2003
s 1, s 2 commenced 27 March 2003 (LA s 75 (1))
remainder commenced 15 August 2003 (s 2 and CN2003-7)as amended by
Legislation (Gay, Lesbian and Transgender) Amendment Act 2003 A2003-14 sch 1 pt 1.6
notified LR 27 March 2003
s 1, s 2 commenced 27 March 2003 (LA s 75 (1))
sch 1 pt 1.6 commenced 28 March 2003 (s 2)Evidence (Miscellaneous Provisions) Amendment Act 2003 A2003-48 sch 2 pt 2.2
notified LR 31 October 2003
s 1, s 2 commenced 31 October 2003 (LA s 75 (1))
sch 2 pt 2.2 commenced 30 April 2004 (s 2 and LA s 79)Statute Law Amendment Act 2003 (No 2) A2003-56 sch 3 pt 3.6
notified LR 5 December 2003
s 1, s 2 commenced 5 December 2003 (LA s 75 (1))
sch 3 pt 3.6 commenced 19 December 2003 (s 2)Annual Reports Legislation Amendment Act 2004 A2004-9 sch 1 pt 1.9
notified LR 19 March 2004
s 1, s 2 commenced 19 March 2004 (LA s 75 (1))
pt 1.9 commenced 13 April 2004 (s 2 and see Annual Reports (Government Agencies) Act 2004 A2004-8, s 2 and CN2004-5)Statute Law Amendment Act 2004 A2004-42 sch 3 pt 3.5
notified LR 11 August 2004
s 1, s 2 commenced 11 August 2004 (LA s 75 (1))
sch 3 pt 3.5 commenced 25 August 2004 (s 2 (1))Court Procedures (Consequential Amendments) Act 2004 A2004-60 sch 1 pt 1.12
notified LR 2 September 2004
s 1, s 2 commenced 2 September 2004 (LA s 75 (1))sch 1 pt 1.12 commenced 10 January 2005 (s 2 and see Court Procedures Act 2004 A2004-59, s 2 and CN2004-29)
Justice and Community Safety Legislation Amendment Act 2005 A2005-5 pt 5
notified LR 23 February 2005
s 1, s 2 commenced 23 February 2005 (LA s 75 (1))
pt 5 commenced 24 February 2005 (s 2 (2))Justice and Community Safety Legislation Amendment Act 2005 (No 4) A2005-60 sch 1 pt 1.6
notified LR 1 December 2005
s 1, s 2 taken to have commenced 23 November 2005 (LA s 75 (2))
sch 1 pt 1.6 commenced 22 December 2005 (s 2 (4))Sentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.5
notified LR 18 May 2006
s 1, s 2 commenced 18 May 2006 (LA s 75 (1))
sch 1 pt 1.5 commenced 2 June 2006 (s 2 (1) and see Crimes (Sentence Administration) Act 2005 A2005-59 s 2, Crimes (Sentencing) Act 2005 A2005-58, s 2 and LA s 79)Civil Law (Property) Act 2006 A2006-38 sch 1 pt 1.3
notified LR 28 September 2006
s 1, s 2 commenced 28 September 2006 (LA s 75 (1))
sch 1 pt 1.3 commenced 28 March 2007 (s 2 and LA s 79)Children and Young People (Consequential Amendments) Act 2008 A2008‑20 sch 4 pt 4.3
notified LR 17 July 2008
s 1, s 2 commenced 17 July 2008 (LA s 75 (1))
s 3 commenced 18 July 2008 (s 2 (1))sch 4 pt 4.3 commenced 27 February 2009 (s 2 (5) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-17 (and see CN2008-13))
Crimes Legislation Amendment Act 2008 A2008-44 sch 1 pt 1.1
notified LR 9 September 2008
s 1, s 2 commenced 9 September 2008 (LA s 75 (1))sch 1 pt 1.1 commenced 30 May 2009 (s 2 and CN2009-4)
Personal Property Securities Act 2010 A2010-15 sch 2 pt 2.1
notified LR 1 April 2010
s 1, s 2 commenced 1 April 2010 (LA s 75 (1))
sch 2 pt 2.1 commenced 30 January 2012 (s 2 (2) (b))Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.33
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))sch 1 pt 1.33 commenced 1 July 2011 (s 2 (1))
Evidence (Consequential Amendments) Act 2011 A2011-48 sch 1 pt 1.10
notified LR 22 November 2011
s 1, s 2 commenced 22 November 2011 (LA s 75 (1))
sch 1 pt 1.10 commenced 1 March 2012 (s 2 (1) and see Evidence Act 2011 A2011‑12, s 2 and CN2012-4)Statute Law Amendment Act 2012 A2012-21 sch 3 pt 3.4
notified LR 22 May 2012
s 1, s 2 commenced 22 May 2012 (LA s 75 (1))sch 3 pt 3.4 commenced 5 June 2012 (s 2 (1))
Justice and Community Safety Legislation Amendment Act 2013 (No 2) A2013-11 sch 1 pt 1.2
notified LR 28 March 2013
s 1, s 2 commenced 28 March 2013 (LA s 75 (1))sch 1 pt 1.2 commenced 4 April 2013 (s 2)
Crimes (Domestic and Family Violence) Legislation Amendment Act 2015 A2015‑40 sch 1 pt 1.2
notified LR 4 November 2015
s 1, s 2 commenced 4 November 2015 (LA s 75 (1))sch 1 pt 1.2 commenced 4 May 2016 (s 2 (2))
Statute Law Amendment Act 2015 (No 2) A2015‑50 sch 3 pt 3.7
notified LR 25 November 2015
s 1, s 2 commenced 25 November 2015 (LA s 75 (1))sch 3 pt 3.7 commenced 9 December 2015 (s 2)
Protection of Rights (Services) Legislation Amendment Act 2016 (No 2) A2016‑13 sch 1 pt 1.10
notified LR 16 March 2016
s 1, s 2 commenced 16 March 2016 (LA s 75 (1))sch 1 pt 1.10 commenced 1 April 2016 (s 2 and see Protection of Rights (Services) Legislation Amendment Act 2016 A2016-1 s 2)
Justice and Community Safety Legislation Amendment Act 2016 A2016‑37 sch 1 pt 1.6
notified LR 22 June 2016
s 1, s 2 commenced 22 June 2016 (LA s 75 (1))sch 1 pt 1.6 commenced 29 June 2016 (s 2)
Co-operatives National Law (ACT) Act 2017 A2017-8 sch 2 pt 2.1
notified LR 4 April 2017
s 1, s 2 commenced 4 April 2017 (LA s 75 (1))
sch 2 pt 2.1 commenced 1 May 2017 (s 2)Crimes Legislation Amendment Act 2018 (No 2) A2018-40 pt 2
notified LR 7 November 2018
s 1, s 2 commenced 7 November 2018 (LA s 75 (1))
pt 2 commenced 8 November 2018 (s 2)Justice and Community Safety Legislation Amendment Act 2019 A2019-17 sch 1 pt 1.1
notified LR 14 June 2019
s 1, s 2 commenced 14 June 2019 (LA s 75 (1))
sch 1 pt 1.1 commenced 21 June 2019 (s 2)Crimes Legislation Amendment Act 2019 A2019-23 pt 3
notified LR 8 August 2019
s 1, s 2 commenced 8 August 2019 (LA s 75 (1))
pt 3 commenced 15 August 2019 (s 2)Courts (Fair Work and Work Safety) Legislation Amendment Act 2019 A2019-32 pt 3
notified LR 9 October 2019
s 1, s 2 commenced 9 October 2019 (LA s 75 (1))
s 3, pt 3 commenced 10 October 2019 (s 2 (1))Confiscation of Criminal Assets (Unexplained Wealth) Amendment Act 2020 A2020-33
notified LR 29 July 2020
s 1, s 2 commenced 29 July 2020 (LA s 75 (1))
remainder commenced 29 August 2020 (s 2, CN2020-18 and LA s 77 (3))Justice Legislation Amendment Act 2020 A2020-42 pt 7
notified LR 27 August 2020
s 1, s 2 commenced 27 August 2020 (LA s 75 (1))
pt 7 commenced 28 August 2020 (s 2 (9))Crimes Legislation Amendment Act 2021 A2021-6 pt 4
notified 8 April 2021
s 1, s 2 commenced 8 April 2021 (LA s 75 (1))
pt 4 commenced 9 April 2021 (s 2)Statute Law Amendment Act 2022 A2022-14 sch 3 pt 3.7
notified LR 10 August 2022
s 1, s 2 commenced 10 August 2022 (LA s 75 (1))
sch 3 pt 3.7 commenced 24 August 2022 (s 2)Courts Legislation Amendment Act 2023 A2023-37 sch 1 pt 1.2
notified LR 29 September 2023
s 1, s 2 commenced 29 September 2023 (LA s 75 (1))
sch 1 pt 1.2 commenced 30 September 2023 (s 2)Crimes Legislation Amendment Act 2024 A2024-12 pt 3
notified LR 19 April 2024
s 1, s 2 commenced 19 April 2024 (LA s 75 (1))
pt 3 commenced 26 April 2024 (s 2 (1))
Amendment history
Commencement
s 2om LA s 89 (4)
Purposes of Act
s 3am A2020‑33 s 4; pars renum R30 LA
General overview
s 9am A2008‑44 amdt 1.13; A2020‑33 s 5, s 6; notes renum R30 LA
Key concepts
pt 3 hdg note ins A2005‑5 s 13
am A2008‑44 amdts 1.1-1.3
Meaning of total wealth
s 11Ains A2020‑33 s 7
Meaning of wealth
s 11Bins A2020‑33 s 7
Meaning of serious criminal activity
s 11Cins A2020‑33 s 7
Meaning of derived
s 12am A2008‑44 amdt 1.13; A2019‑17 amdt 1.1
Meaning of offence and of particular kinds of offences
s 13am A2008‑44 amdt 1.4; A2019‑32 s 7, s 8; pars renum R28 LA; A2020‑33 s 8, s 9
Meaning of effective control of property
s 14am A2020‑33 s 10
Meaning of convicted and quashed
s 15am A2005‑5 s 14; A2006‑23 amdt 1.38; A2008‑20 amdt 4.6, amdt 4.7
When does someone abscond
s 16am A2005‑5 s 19; A2008‑44 amdt 1.13
When is someone cleared of an offence
s 17am A2005‑5 s 19
Meaning of restraining order
s 19am A2006‑23 amdt 1.39; A2020‑33 s 11
Meaning of unexplained wealth restraining order
s 21Ains A2020‑33 s 12
Restraining orders—purposes
s 22am A2020‑33 s 13
Contravening restraining orders
s 23am A2006‑23 amdt 1.40
Restraining orders over other property—application
s 26am A2020‑33 s 14
Unexplained wealth restraining orders—application
s 26Ains A2020‑33 s 15
Restraining orders—time for making certain applications
s 27am A2005‑5 s 15; A2008‑44 amdt 1.13; A2020‑33 s 16
Restraining orders over other property—affidavit supporting application
s 29am A2005‑5 s 16, s 19; A2008‑44 amdt 1.13
Unexplained wealth restraining order—affidavit supporting application
s 29Ains A2020‑33 s 17
Restraining orders over unclaimed tainted property—making
s 30am A2016‑13 amdt 1.37
Restraining orders over other property—making
s 31am A2005‑5 s 19; A2008‑44 amdt 1.13; A2016‑13 amdt 1.37
Unexplained wealth restraining order—making
s 32Ains A2020‑33 s 18
Restraining orders—contents
s 33am A2006‑23 amdt 1.41; A2016‑13 amdt 1.37
Restraining order proceedings—restrictions on disclosure
s 35am A2015‑50 amdt 3.55
Payment of living and business expenses from restrained property
s 37am A2020‑33 ss 19-22; ss renum R30 LA
def domestic partner om A2003‑14 amdt 1.18
def domestic partnership om A2003‑14 amdt 1.18
Payment of certain legal expenses from restrained property
s 38am A2020‑33 ss 23-25; ss renum R30 LA; A2022‑14 amdt 3.50
Additional orders about restraining orders and restrained property
s 39am A2006‑23 amdt 1.42; A2016‑13 amdt 1.37
When restraining order over particular property ends
s 45am A2016‑13 amdt 1.37
When restraining order ends—ordinary offences
s 47 hdgam A2008‑44 amdt 1.13
s 47table renum R3 LA
am A2005‑5 s 19; A2008‑44 amdt 1.13
When restraining order ends—serious offences
s 48table renum R3 LA
am A2005‑5 s 19; A2008‑44 amdt 1.13
When unexplained wealth restraining order ends
s 48Ains A2020‑33 s 26
Extension of time for restraining orders
s 49am A2008‑44 amdt 1.13
Restraining orders—registration in statutory property registers
s 50am A2013‑11 amdt 1.3, amdt 1.4; ss renum R19 LA; A2016‑13 amdt 1.37
Penalty orders—execution against restrained property
s 51 hdgsub A2006‑23 amdt 1.43
Meaning of conviction forfeiture order
s 52am A2008‑44 amdt 1.13
Conviction forfeiture orders—application
s 53am A2008‑44 amdt 1.13
Conviction forfeiture orders—making
s 54am A2008‑44 amdt 1.13
Automatic forfeiture—court orders
s 60am A2016‑13 amdt 1.37
Civil forfeiture orders—making
s 67am A2005‑5 s 19
Civil forfeiture order proceedings—restrictions on disclosure
s 69am A2015‑50 amdt 3.55
Meaning of exclusion order
s 72am A2020‑42 s 28
Effect of exclusion order
s 74am A2020‑42 s 29
Exclusion orders—application
s 75am A2020‑42 s 30
Making of exclusion orders—ordinary offences
s 76 hdgam A2008‑44 amdt 1.13
s 76am A2008‑44 amdt 1.13; A2021‑6 s 6, s 7
Making of exclusion orders—serious offences
s 77am A2021‑6 s 8, s 9
Making of exclusion orders—unexplained wealth
s 77Ains A2020‑42 s 31
Meaning of benefits derived by an offender
s 80am A2003‑56 amdt 3.127
Penalty orders—application
s 83am A2008‑44 amdt 1.5, amdt 1.13
Penalty orders—offenders convicted of ordinary offences
s 84 hdgam A2008‑44 amdt 1.13
s 84am A2008‑44 amdt 1.13
Penalty orders—commission of serious offences
s 85am A2005‑5 s 19
Penalty orders—amount of penalty
s 86am A2006‑23 amdt 1.44
(3) (d) note exp 2 June 2011 (see A2005‑58 s 147 (2) (a))
Meaning of narcotic substance and property for div 7.3
s 90am A2019‑23 s 7, s 8
Presumed value of benefits—ordinary offence
s 91 hdgam A2008‑44 amdt 1.13
s 91am A2008‑44 amdt 1.13
Value of benefits—relevant matters
s 93am A2008‑44 amdt 1.13
Creation of penalty charge over restrained property
s 94am A2010‑15 amdt 2.1; pars renum R16 LA
When penalty charge over property ends
s 95am A2008‑44 amdt 1.13; A2016‑13 amdt 1.37
Power to satisfy penalty order
s 96am A2016‑13 amdt 1.37
Public trustee and guardian to repay any amount surplus to satisfying penalty order
s 97 hdgam A2016‑13 amdt 1.37
s 97am A2016‑13 amdt 1.37
When penalty order ends
s 98am A2008‑44 amdt 1.13
Unexplained wealth orders
pt 7A hdgins A2020‑33 s 27
General
div 7A.1 hdg ins A2020‑33 s 27
Meaning of unexplained wealth order
s 98Ains A2020‑33 s 27
Making unexplained wealth orders
div 7A.2 hdg ins A2020‑33 s 27
Unexplained wealth orders—application
s 98Bins A2020‑33 s 27
Unexplained wealth order—affidavit supporting application
s 98Cins A2020‑33 s 27
Unexplained wealth orders—making
s 98Dins A2020‑33 s 27
Unexplained wealth orders—assessment of unexplained wealth
s 98Eins A2020‑33 s 27
Unexplained wealth orders—hardship relief
s 98Fins A2020‑33 s 27
Satisfaction of unexplained wealth order
div 7A.3 hdg ins A2020‑33 s 27
Creation of unexplained wealth charge over restrained property
s 98Gins A2020‑33 s 27
When unexplained wealth charge over property ends
s 98Hins A2020‑33 s 27
Unexplained wealth orders—enforceable as judgment debt
s 98Iins A2020‑33 s 27
Power to satisfy unexplained wealth order
s 98Jins A2020‑33 s 27
Public trustee and guardian to repay any amount surplus to satisfying unexplained wealth order
s 98Kins A2020‑33 s 27
End of unexplained wealth order
div 7A.4 hdg ins A2020‑33 s 27
When unexplained wealth order ends
s 98Lins A2020‑33 s 27
Management of restrained property by public trustee and guardian
div 8.1 hdgam A2016‑13 amdt 1.37
Application of div 8.1
s 99am A2016‑13 amdt 1.37
Powers of public trustee and guardian to preserve restrained property etc
s 100 hdgam A2016‑13 amdt 1.37
s 100am A2016‑13 amdt 1.37
Sale, modification or destruction of property by public trustee and guardian
s 101 hdgam A2016‑13 amdt 1.37
s 101am A2016‑13 amdt 1.37
Notice of sale, modification or destruction of restrained property by public trustee and guardian
s 102 hdgam A2016‑13 amdt 1.37
s 102am A2016‑13 amdt 1.37
Emergency modification or destruction of restrained property
s 103am A2016‑13 amdt 1.37
Notice details to be included in public trustee and guardian’s report
s 104 hdgam A2016‑13 amdt 1.36
s 104am A2004‑9 amdt 1.12; A2016‑13 amdt 1.36, amdt 1.37
Order to stop sale, modification or destruction of restrained property
s 105am A2015‑50 amdt 3.51; A2016‑13 amdt 1.37
Meaning of interested person in pt 9
s 107am A2016‑13 amdt 1.37
Forfeited property—powers of public trustee and guardian
s 108 hdgam A2016‑13 amdt 1.37
s 108am A2016‑13 amdt 1.36, amdt 1.37
Disposal of forfeited property
s 111am A2016‑13 amdt 1.37
Inconsistency with Trustee Act or Conveyancing Act
s 115am A2006‑38 amdt 1.3
Return or compensation orders—making
s 123am A2016‑13 amdt 1.37
Buyback orders—buying interest in property
s 127am A2016‑13 amdt 1.37
Preliminary
div 10.1 hdgins A2019‑23 s 9
Definitions—pt 10
s 127Ains A2019‑23 s 9
def corresponding proceeds ins A2019‑23 s 9
def national cooperative scheme ins A2019‑23 s 9
def national cooperative scheme on unexplained wealth ins A2019‑23 s 9
def NCSUW agreement ins A2019‑23 s 9
def proceeds of confiscated assets ins A2019‑23 s 9
def shareable ins A2019‑23 s 9
Establishment and payments into and out of the trust fund
div 10.2 hdgins A2019‑23 s 9
Definitions—div 10.2
s 128 hdgsub A2019‑23 s 10
s 128am A2019‑23 s 11
def distributable funds am A2016‑13 amdt 1.37
Meaning of equitable sharing program
s 129am A2008‑44 amdt 1.6, amdt 1.13; A2015‑50 amdt 3.55; A2019‑23 s 12, s 13
Payments into trust fund
s 131am A2011‑22 amdt 1.100; A2016‑13 amdt 1.37; A2019‑23 s 14; A2020‑33 s 28; pars renum R30 LA
Purposes of trust fund
s 132am A2016‑13 amdt 1.37; A2019‑23 s 15
Payments from trust fund
s 133am A2016‑13 amdt 1.37
Review of reserved and distributable funds by public trustee and guardian
s 135 hdgam A2016‑13 amdt 1.37
s 135am A2016‑13 amdt 1.37
National cooperative scheme on unexplained wealth
div 10.3 hdgins A2019‑23 s 16
Important concepts
sdiv 10.3.1 hdg ins A2019‑23 s 16
Definitions—div 10.3
s 135Ains A2019‑23 s 16
def CJC subcommittee ins A2019‑23 s 16
def contributing jurisdiction ins A2019‑23 s 16
def contribution ins A2019‑23 s 16
def cooperating jurisdiction committee ins A2019‑23 s 16
def cooperating State ins A2019‑23 s 16
def decision-making period ins A2019‑23 s 16
def non-participating State ins A2019‑23 s 16
def participating State ins A2019‑23 s 16
Meaning of decision‑making period—div 10.3
s 135Bins A2019‑23 s 16
Sharing with the Commonwealth or a State
sdiv 10.3.2 hdg ins A2019‑23 s 16
Purpose of subdiv 10.3.2
s 135Cins A2019‑23 s 16
Shareable proceeds of the Territory to be reduced to net amount
s 135Dins A2019‑23 s 16
Cooperating jurisdiction committee to establish CJC subcommittee
s 135Eins A2019‑23 s 16
Non‑participating non-cooperating States’ share
s 135Fins A2019‑23 s 16
Participating States’, cooperating States’ and Northern Territory’s share
s 135Gins A2019‑23 s 16
When decisions about amounts may be made
s 135Hins A2019‑23 s 16
Payment period
s 135Iins A2019‑23 s 16
Interstate restraining and forfeiture orders etc—registration
s 137ins A2020‑33 s 29
Interstate restraining and forfeiture orders etc—interim registration
s 138am A2020‑33 s 30
Interstate restraining and forfeiture orders etc—effect of registration
s 139am A2020‑33 s 31; ss renum R30 LA
Interstate restraining and forfeiture orders etc—ending of registration
s 140am A2020‑33 s 32
Interstate restraining and forfeiture orders etc—cancellation of registration
s 141am A2020‑33 s 33, s 34
Creation of interstate penalty charges
s 142am A2008‑44 amdt 1.13; A2016‑37 amdt 1.17, amdt 1.18
Meaning of property-tracking document
s 157am A2008‑44 amdt 1.7, amdt 1.13
Production orders—application
s 158am A2008‑44 amdt 1.13
Definitions for div 12.5
s 164def investigation am A2008‑44 amdt 1.13
Conduct of examination
s 176am A2003‑48 amdt 2.2; A2015-40 amdt 1.3, amdt 1.4
Examinations—additional restrictions on disclosure
s 179am A2015‑50 amdt 3.55
Protection of authorised investigator etc
s 180am A2022‑14 amdt 3.51
Destruction etc of documents
s 190am A2008‑44 amdt 1.8, amdt 1.13
Definitions for pt 13
s 195def issuing officer am A2018‑40 s 4; A2023-37 amdt 1.4
def target material am A2008‑44 amdt 1.13
Authorisation given by search warrants
s 202am A2008‑44 amdt 1.13
Executing search warrants
div 13.4 hdg note am A2011‑48 amdt 1.14
Search warrants—restrictions on personal searches
s 211am A2003‑14 amdt 1.19, amdt 1.20; ss renum R1 LA (see A2003-8 amdt 1.21); A2015‑50 amdt 3.55; A2022‑14 amdt 3.52
Search warrants—announcement before entry
s 213am A2022‑14 amdt 3.53
Person with knowledge of computer or computer system to assist access etc
s 220am A2015‑50 amdt 3.55
Copies of seized things to be provided
s 222am A2004‑42 amdt 3.22
Transfer of things seized to public trustee and guardian
s 230 hdgam A2016‑13 amdt 1.37
s 230am A2016‑13 amdt 1.37
Meaning of confiscation proceeding
s 236am A2020‑33 s 35; pars renum R30 LA
Jurisdiction of Magistrates Court—confiscation proceedings
s 239am A2004‑60 amdt 1.76, amdt 1.77; A2008‑44 amdt 1.13
Restricted access proceedings—notice of applications etc
s 243am A2016‑13 amdt 1.37
Other confiscation proceedings—notice of applications etc
s 244am A2005‑60 amdt 1.14; A2016‑13 amdt 1.37
Applications for another confiscation proceeding in relation to same offence
s 245am A2005‑60 amdt 1.15
Confiscation proceedings—relevant material
s 248am A2011‑48 amdt 1.15
Confiscation proceedings—witness not required to answer questions prejudicing investigation
s 249am A2008‑44 amdt 1.13
Confiscation proceedings—additional orders
s 250am A2016‑13 amdt 1.37
Confiscation proceedings—notice of making orders
s 253am A2016‑13 amdt 1.37
Review of unexplained wealth provisions
s 258Ains A2020‑33 s 36
exp 29 August 2023 (s 258A (2))
ins A2024‑12 s 5
exp 3 August 2027 (s 258A (2))
Approved forms
s 259am A2015‑50 amdt 3.52
Consequential and transitional matters
pt 16 hdgexp 15 August 2005 (s 269)
Repeal of Proceeds of Crime legislation
s 261om LA s 89 (3)
Orders under repealed Act
s 262exp 15 August 2005 (s 269)
Proceedings for offences committed before the commencement of this Act
s 263exp 15 August 2005 (s 269)
Use of information etc obtained under repealed Act
s 264exp 15 August 2005 (s 269)
Confiscated assets trust fund
s 265exp 15 August 2005 (s 269)
Transitional regulations
s 266exp 15 August 2005 (s 269)
Modification of pt 16’s operation
s 267exp 15 August 2005 (s 269)
Amendments of other legislation—sch 1
s 268om LA s 89 (3)
Expiry of pt 16
s 269exp 15 August 2005 (s 269)
Amendments of other legislation
sch 1om LA s 89 (3)
Dictionary
dictam A2003‑14 amdt 1.22; A2005‑5 s 17; A2008‑44 amdt 1.9; A2016‑13 amdt 1.37
def artistic profits am A2015‑50 amdt 3.53
def CJC subcommittee ins A2019‑23 s 17
def contributing jurisdiction ins A2019‑23 s 17
def contribution ins A2019‑23 s 17
def cooperating jurisdiction committee ins A2019‑23 s 17
def cooperating State ins A2019‑23 s 17
def corresponding proceeds ins A2019‑23 s 17
def decision-making period ins A2019‑23 s 17
def dependant ins A2020‑33 s 37
def distributable funds sub A2019‑23 s 18
def equitable sharing program sub A2019‑23 s 18
def financial institution am A2017‑8 amdt 2.1
def fully satisfied am A2016‑13 amdt 1.37
sub A2020‑33 s 38
def indictable offence om A2008‑44 amdt 1.10
def in relation to am A2015‑50 amdt 3.55
def interstate unexplained wealth order ins A2020‑33 s 39
def national cooperative scheme ins A2019‑23 s 19
def national cooperative scheme on unexplained wealth ins A2019‑23 s 19
def NCSUW agreement ins A2019‑23 s 19
def non-participating State ins A2019‑23 s 19
def ordinary indictable offence om A2008‑44 amdt 1.11
def ordinary offence ins A2008‑44 amdt 1.11
def participating State ins A2019‑23 s 19
def present om A2005‑5 s 18
def proceeds of confiscated assets ins A2019‑23 s 19
def relevant offence ins A2008‑44 amdt 1.12
def reserved funds sub A2019‑23 s 20
def serious criminal activity ins A2020‑33 s 40
def shareable ins A2019‑23 s 21
def statutory property register am A2012‑21 amdt 3.8
def total wealth ins A2020‑33 s 41
def transaction suspension order am A2015‑50 amdt 3.54
def unexplained wealth charge ins A2020‑33 s 42
def unexplained wealth order ins A2020‑33 s 42
def unexplained wealth provision ins A2020‑33 s 42
def unexplained wealth restraining order ins A2020‑33 s 42
def wealth ins A2020‑33 s 43
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No Amendments to Republication date 1 A2003‑14 15 August 2003 2 A2003‑56 19 December 2003 3 A2004‑9 13 April 2004 4 A2004‑9 30 April 2004 5 A2004‑42 25 August 2004 6 A2004‑60 10 January 2005 7 A2005‑5 24 February 2005 8 A2005‑5 16 August 2005 9 A2005‑60 22 December 2005 10 A2006‑23 2 June 2006 11 A2006‑38 28 March 2007 12 A2008‑44 27 February 2009 13* A2008‑44 30 May 2009 14 A2010‑15 3 June 2011 15 A2011‑22 1 July 2011 16 A2011‑22 30 January 2012 17 A2011‑48 1 March 2012 18 A2012‑21 5 June 2012 19 A2013‑11 4 April 2013 20 A2015-50 9 December 2015 21 A2016-13 1 April 2016 22 A2016-13 4 May 2016 23 A2016‑37 29 June 2016 24 A2017‑8 1 May 2017 25 A2018‑40 8 November 2018 26 A2019‑17 21 June 2019 27 A2019‑23 15 August 2019 28 A2019‑32 10 October 2019 29 A2020‑42 28 August 2020 30 A2020‑33 29 August 2020 31 A2021‑6 9 April 2021 32 A2022‑14 24 August 2022 33 A2022‑14 30 August 2023 34 A2023‑37 30 September 2023
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