Crimes (Confiscation) Act 1989 (Qld)

CRIMES (CONFISCATION) ACT 1989

Queensland CRIMES (CONFISCATION) ACT 1989 Reprinted as in force on 19 July 2002 (includes amendments up to Act No. 23 of 2002) Reprint No. 4C This reprint is prepared by the Ofﬁce of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This Act is reprinted as at 19 July 2002. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. This page is speciﬁc to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints.

Queensland CRIMES (CONFISCATION) ACT 1989 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 3 Object of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4 Deﬁnitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 5 Examples in sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 6 Meaning of “appropriate ofﬁcer” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 7 Meaning of “beneﬁt derived” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 8 Meaning of “charge” if complaint made . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 9 Meaning of “convicted” of offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 10 Meaning of “effective control” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 11 Meaning of “quash” a conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 12 Meaning of “related offence” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 13 Meaning of “tainted property” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 14 Meaning of “unamenable to justice” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 15 Act to bind Crown . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 16 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 PART 2—FORFEITURE ORDERS, AUTOMATIC FORFEITURE AND PECUNIARY PENALTY ORDERS Division 1—Applications for forfeiture and pecuniary penalty orders 17 Application for forfeiture or pecuniary penalty order . . . . . . . . . . . . . . . . . . 18 18 Notice of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 19 Right to appear and present evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 20 Amendment of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 21 Procedure on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 22 Limitation on powers of Magistrates Courts . . . . . . . . . . . . . . . . . . . . . . . . . 22

2 Crimes (Confiscation) Act 1989 Division 2—Forfeiture orders and automatic forfeiture of restrained property 23 Forfeiture orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 24 Order permitting s 31 buyback . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 25 Automatic forfeiture of restrained property in relation to serious drug offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 26 Effect of forfeiture under s 23 or 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 27 Procedural matters about forfeiture. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 28 Third party protection from forfeiture order . . . . . . . . . . . . . . . . . . . . . . . . . 27 29 Third party protection from forfeiture under s 25 . . . . . . . . . . . . . . . . . . . . . 29 30 Discharge of forfeiture order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 31 Person with interest in forfeited property may buy back the interest . . . . . . 32 32 Buying out other interests under court order. . . . . . . . . . . . . . . . . . . . . . . . . 33 33 Effect of quashing of conviction or discharge of forfeiture order . . . . . . . . . 34 Division 3—Pecuniary penalty orders 34 Pecuniary penalty orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 35 Discharge of pecuniary penalty order to the extent of automatic forfeiture . 36 36 Pecuniary penalty order increase if forfeiture order discharged . . . . . . . . . . 36 37 Assessment of beneﬁts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 38 Discharge of pecuniary penalty order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Division 4—Rehearing 39 Rehearing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 PART 3—RESTRAINING ORDERS 40 Restraining orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 41 Limitation on power of Magistrates Court . . . . . . . . . . . . . . . . . . . . . . . . . . 45 42 Notice of restraining order to be given to persons affected. . . . . . . . . . . . . . 46 43 Supreme Court may order that property be excluded from restraining order 46 44 Supreme Court may declare that restrained property be disregarded for purposes of s 25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 45 Further orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 46 Duration of restraining order. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 47 Contravention of restraining order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 48 Charge on property subject to restraining order . . . . . . . . . . . . . . . . . . . . . . 52

3 Crimes (Confiscation) Act 1989 49 Registration of restraining order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 PART 4—POWERS OF PUBLIC TRUSTEE 50 Liability under forfeiture or pecuniary penalty order or forfeiture under s 25 to be satisﬁed by public trustee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 51 Provisions concerning the public trustee. . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 PART 5—OBLIGATIONS OF FINANCIAL INSTITUTIONS 73 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 74 Retention of records by ﬁnancial institutions . . . . . . . . . . . . . . . . . . . . . . . . 58 75 Register of original documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 76 Communication of information by ﬁnancial institutions to police . . . . . . . . 59 PART 6—INTERSTATE ORDERS AND WARRANTS 77 Registration of interstate orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 78 Interim registration of facsimile copies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 79 Effect of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 80 Duration of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 81 Cancellation of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 82 Charge on property subject to registered interstate restraining order . . . . . . 62 83 Public trustee may act as agent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 84 Interstate orders and search warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 PART 7—SPECIAL FORFEITURE ORDERS 85 Application for special forfeiture order. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 86 Special forfeiture order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 87 Assessment of beneﬁts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 88 Effect of special forfeiture order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 89 Application of moneys paid to the Treasurer under this part . . . . . . . . . . . . 68 PART 8—MISCELLANEOUS 90 Money laundering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 91 Charging of money laundering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 92 Possession etc. of property suspected of being tainted property. . . . . . . . . . 69 93 Conduct by directors, employees or agents. . . . . . . . . . . . . . . . . . . . . . . . . . 70 94 Proceeding on application for order not criminal proceeding etc. . . . . . . . . 71 95 Constitution of court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 96 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72

4 Crimes (Confiscation) Act 1989 97 Operation of other laws not affected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 Sentencing court not to have regard to property forfeiture or pecuniary penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 Court may lift corporate veil, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 Sham transactions etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 Pecuniary penalty, restraining and special forfeiture order to be registered . 102 Interstate operation of forfeiture or restraining orders . . . . . . . . . . . . . . . . . 103 Costs incurred on variation of forfeiture or restraining orders on application by third parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 Registration fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 References to Crimes (Conﬁscation of Proﬁts) Act 1989 . . . . . . . . . . . . . . . SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . EXAMPLES PART 1—EXAMPLES OF SECTION 13 OF THE ACT (MEANING OF “TAINTED PROPERTY”) 1 Example 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Example 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Example 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Example 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Example 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Example 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 2—EXAMPLES OF SECTION 37 OF THE ACT (ASSESSMENT OF BENEFITS) 1 Example 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Example 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Example 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Example 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Example 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Example 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . SERIOUS OFFENCES 72 72 72 73 74 74 75 76 76 76 77 77 78 78 78 79 79 80 80 81 81 82 82 83 83 85

5 Crimes (Confiscation) Act 1989 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 2 Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . 86 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 5 Tables in earlier reprints. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 8 List of forms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 9 Table of renumbered provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97

s1 7 s3 Crimes (Confiscation) Act 1989 CRIMES (CONFISCATION) ACT 1989 [as amended by all amendments that commenced on or before 19 July 2002] An Act to provide for conﬁscation of the proceeds of crime, and for related purposes PART 1—PRELIMINARY 1 Short title This Act may be cited as the Crimes (Conﬁscation) Act 1989. 3 Object of Act (1) The main object of this Act is to deter the commission of serious offences by removing the financial gain, and increasing the financial loss, associated with their commission. (2) This object is mainly to be achieved by providing for— (a) forfeiture of property— (i) used, or intended to be used, in or in connection with the commission of serious offences; or (ii) derived from property mentioned in subparagraph (i) or from the commission of serious offences; and (b) deprivation of beneﬁts derived from the commission of serious offences; and (c) tracing of the property and beneﬁts and prevention of their dissipation or concealment; and (d) enforcement in the State of forfeiture and restraining orders made under corresponding laws. (3) It is also an important object of this Act—

s4 8 s4 Crimes (Confiscation) Act 1989 (a) to ensure that property rights may be affected by forfeiture or other orders only through just procedures; and (b) to protect from forfeiture or other orders property rights honestly acquired by persons innocent of unlawful activity. 4 Deﬁnitions In this Act— “account” means any facility or arrangement through which a financial institution accepts deposits or allows withdrawals and includes a facility or arrangement for— (a) a ﬁxed term deposit; and (b) safety deposit box. “agent” includes, if the agent is a corporation, the officers and agents of the corporation. “ancillary offence” , to a serious drug offence, means— (a) an offence of conspiring to commit the serious drug offence; or (b) an offence of receiving 1 or assisting another person in order to enable the other person to escape punishment for the serious drug offence; or (c) an offence of attempting to commit the serious drug offence. 2 “appropriate ofﬁcer” see section 6. “beneﬁt” includes service and advantage. “beneﬁt derived” see section 7. “charge” a person, for a proceeding started by a complaint under the Justices Act 1886 , see section 8. “convicted” of a serious offence, see section 9. “corresponding law” means a law of another State or a Territory that is prescribed by the regulations to be a law that corresponds to this Act. 1 In this context, ‘receiving’ is a reference to the same word in the Criminal Code, section 10. 2 This deﬁnition does not contain the equivalent of paragraph (b) of the corresponding deﬁnition in the Commonwealth Act because of the Criminal Code, section 7.

s4 9 s4 Crimes (Confiscation) Act 1989 “dangerous drug” means a dangerous drug as defined in the DrugsMisuse Act 1986 . “derived” includes— (a) directly or indirectly derived; and (b) realised. “director” , in relation to a financial institution or a corporation, means— (a) if the institution or corporation is a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or a Territory—a constituent member of the body corporate; and (b) any person occupying or acting in the position of director of the institution or corporation, by whatever name called and whether or not validly appointed to occupy or duly authorised to act in the position; and (c) any person in accordance with whose directions or instructions the directors of the institution or corporation are accustomed to act. “effective control” see section 10. “encumbrance” , in relation to property, includes any interest, mortgage, charge, right, claim or demand which is or may be had, made or set up in, to, on or in respect of the property. “executive ofﬁcer” , in relation to a financial institution or a corporation, means any person, by whatever name called and whether or not the person is a director of the institution or corporation, who is concerned, or takes part, in the management of the institution or corporation. “facsimile copy” means a copy obtained by facsimile transmission. “ﬁnancial institution” means— (a) the Reserve Bank of Australia; or (b) an authorised deposit-taking institution within the meaning of the Banking Act 1959 (Cwlth), section 5; 3 or 3 Banking Act 1959 (Cwlth), section 5— “authorised deposit-taking institution” means a body corporate in relation to which an authority under subsection 9(3) is in force.

s 4 10 s 4 Crimes (Confiscation) Act 1989 (c) a body corporate 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(xx); or (d) another entity that permits persons to deposit money with it for use by, or at the direction of, the persons for gaming or betting. “forfeiture order” means an order made under section 23(1). “interstate forfeiture order” means an order that is made under a corresponding law and is of a kind prescribed by the regulations to be within this definition. “interstate pecuniary penalty order” means an order that is made under a corresponding law and is of a kind prescribed by the regulations to be within this definition. “interstate restraining order” means an order that is made under a corresponding law and is of a kind prescribed by the regulations to be within this definition. “interstate serious offence” means an offence (including a common law offence where relevant) against the laws of another State or a Territory, being an offence in relation to which an interstate forfeiture order or an interstate pecuniary penalty order may be made under a corresponding law of that State or Territory. “money laundering” means the offence against section 90. “monitoring order” means a monitoring order under the Police Powersand Responsibilities Act 2000 . “ofﬁcer” means any director, secretary, executive officer or employee. “pecuniary penalty order” means an order made under section 34(1). “quash” a conviction, see section 11. “related offence” , to another offence, see section 12. “restraining order” means an order made under section 40. “search warrant” means a search warrant under the Police Powers andResponsibilities Act 2000 . “serious drug offence” means— (a) an offence against the Drugs Misuse Act 1986 , part 2 for which a person is liable on conviction to imprisonment for 20 years or more; or

s 5 11 s 6 Crimes (Confiscation) Act 1989 (b) money laundering committed in relation to property that is tainted property in relation to an offence mentioned in paragraph (a); or (c) an ancillary offence to an offence mentioned in paragraph (a) or (b). “serious offence” means— (a) a serious drug offence; or (b) another indictable offence, whether dealt with on indictment or summarily; or (c) an offence against this Act for which an offender is liable to imprisonment; or (d) an offence against an Act or a provision speciﬁed in schedule 2; or (e) another offence prescribed by regulation. “special forfeiture order” means an order made under section 86. “tainted property” see section 13. “transaction” includes the receiving or making of a gift. “transfer” of property includes— (a) for an interest in land to be transferred from the State—grant; and (b) if the property is an object—give. “unamenable to justice” , in connection with an offence, has the meaning given by section 14. “unlawful activity” means an act or omission that is an offence against a law of the Commonwealth or a State or Territory. 5 Examples in sch 1 An example in schedule 1 is an example of the operation of the provision or provisions mentioned in or in relation to the example. 6 Meaning of “appropriate ofﬁcer” An “appropriate ofﬁcer” means—

s 7 12 s 9 Crimes (Confiscation) Act 1989 (a) in every case—the director of public prosecutions, a deputy director of public prosecutions or a legal practitioner appointed to assist the director of public prosecutions in the discharge of the director’s functions; or (b) for an application to a Magistrates Court for a forfeiture or pecuniary penalty order—the commissioner of the police service or another police ofﬁcer. 7 Meaning of “beneﬁt derived” A “beneﬁt derived” by a person includes a beneﬁt derived by someone else at the person’s request or direction. 8 Meaning of “charge” if complaint made (1) This section applies if a proceeding for an offence is started against a person by a complaint and summons under the Justices Act 1886 . (2) If the complaint is sworn, the person is charged when the complaint is made whether or not a justice has issued on the complaint a summons requiring the person’s attendance before a court or a warrant for the person’s arrest. (3) If the complaint is not sworn, the person is charged when the summons is served on the person. 9 Meaning of “convicted” of offence A person must be treated as if “convicted” of an offence if— (a) the person is found guilty of the offence, whether or not a conviction is recorded; or (b) the offence is taken into account by a court in sentencing the person for another offence; or (c) the person becomes unamenable to justice in connection with the offence; or (d) the person is acquitted of the offence because of unsoundness of mind.

s 10 13 s 11 Crimes (Confiscation) Act 1989 10 Meaning of “effective control” (1) Property 4 may be under a person’s “effective control” even if— (a) the person does not have a direct or indirect right, power or privilege over, or in relation to, the property; or (b) the person does not otherwise have an interest in the property. (2) Regard may be had to all relevant matters in deciding— (a) whether or not property is under a person’s effective control; or (b) whether or not there are reasonable grounds to believe that property is under a person’s effective control. (3) Matters to which regard may be had include, for example— (a) shareholdings in, debentures over or directorships of a corporation that has an interest (whether direct or indirect) in the property; and (b) a trust that has a relationship to the property; and (c) family, domestic and business relationships between persons having an interest in the property, or in corporations of the type mentioned in paragraph (a) or trusts of the type mentioned in paragraph (b), and other persons. 11 Meaning of “quash” a conviction (1) A person’s conviction is taken to be “quashed” if— (a) for a conviction mentioned in section 9(a)—the conviction is quashed by a court or a free pardon is granted by the Governor; or (b) for a conviction mentioned in section 9(b)— (i) the person’s conviction of the other offence mentioned in the paragraph is quashed; or (ii) the court’s decision to take the offence into account is quashed by a court; or 4 “Property” has the meaning given by the Acts Interpretation Act 1954 , section 36, and includes an interest in property.

s 12 14 s 13 Crimes (Confiscation) Act 1989 (c) for a conviction mentioned in section 9(c)—the person is afterwards brought before a court to be dealt with for the offence and— (i) the proceeding is discontinued; or (ii) the person is acquitted; or (iii) the person is convicted, but the conviction is afterwards quashed by a court or a free pardon is granted by the Governor; or (iv) the offence is taken into account by a court in sentencing the person for another offence, but— (A) the person’s conviction of the other offence is quashed; or (B) the court’s decision to take the offence into account is quashed by a court; or (d) for a conviction mentioned in section 9(d)—the acquittal because of unsoundness of mind is quashed by a court. (2) In this section— “quash” includes set aside and rescind. 5 12 Meaning of “related offence” An offence is a “related offence” to another offence if both offences consist substantially of the same acts or omissions or form part of the same series of acts or omissions. 13 Meaning of “tainted property” (1) “Tainted property” , in relation to a serious offence, means property— (a) used, or intended to be used, by a person in, or in connection with, the commission of the serious offence; or (b) derived by a person from property mentioned in paragraph (a); or 5 This deﬁnition covers various expressions used in the Criminal Code, section 668E and the Justices Act 1886 , section 225.

s 14 15 s 14 Crimes (Confiscation) Act 1989 (c) derived by a person from the commission of the serious offence; or (d) mentioned in section 90(2)(a), if the offence is against section 90(1); or (e) mentioned in section 92(1), if the offence is against that subsection. (1A) Property mentioned in subsection (1)(a) includes property the use of which is, or the intended use of which would be, all or part of the serious offence. (1B) Subsection (1)(d) and (e)— (a) do not limit subsection (1)(a) to (c); and (b) apply even though an act done in relation to the property is all or part of the serious offence. (2) If the serious offence is conspiracy to commit a serious offence, the references to the serious offence in subsection (1)(a) and (c) are taken to include a reference to the serious offence the subject of the conspiracy. (3) A reference to a serious offence in this section is taken to include a reference to an interstate serious offence when tainted property is used in the following sections— • section 90 (Money laundering) • section 92 (Possession etc. of property suspected of being tainted property). 14 Meaning of “unamenable to justice” (1) A person becomes “unamenable to justice” in connection with an offence only if— (a) a proceeding for the offence has started against the person in a way mentioned in subsection (2); and (b) subsection (3), (4), (5), (6), (7) or (8) applies. (2) For the purposes of this section, a proceeding for an offence starts when— (a) a person is charged as deﬁned in section 8; 6 or 6 Section 8 (Meaning of “charge” if complaint made)

s 14 16 s 14 Crimes (Confiscation) Act 1989 (b) a Magistrates Court charges the person with the offence or commits the person for trial or sentence for the offence; or (c) an indictment is presented against the person for the offence. (3) The person is taken to become unamenable to justice if— (a) the Supreme Court; or (b) the court to which the person is committed for trial or sentence; or (c) the court in which the proceeding is waiting to be heard, or being heard; decides that the person has absconded in relation to the proceeding. (4) The person is taken to become unamenable to justice if the person dies before the proceeding is finally decided. (5) The person is taken to become unamenable to justice if— (a) under the Mental Health Act 1974 , part 4, or the Mental HealthAct 2000 , chapter 7, part 6, the person is found to be not ﬁt for trial on the charge of the offence; and (b) the proceeding is discontinued because of the ﬁnding. (6) The person is taken to become unamenable to justice if— (a) a warrant is issued for the arrest of the person for the offence (which may be the same warrant as the warrant mentioned in section 8(2)); and (b) the warrant has not been executed within 6 months after its issue even though all reasonable steps have been taken to execute it. (7) The person is taken to become unamenable to justice if— (a) 6 months after the proceeding has started the person is unamenable to justice because the person is outside Australia; and (b) an extradition proceeding against the person for the offence has been started; and (c) subsequently the extradition proceeding ends without an extradition order being made.

s 15 17 s 16 Crimes (Confiscation) Act 1989 (8) The person is taken to become unamenable to justice if, 6 months after the proceeding has started— (a) the person is unamenable to justice for another reason; and (b) if the person is outside Australia—there is no extradition proceeding pending against the person. (9) For deciding the particular day on which a person becomes unamenable to justice under subsections (3) to (8), the person is taken to become unamenable to justice on the following day— (a) under subsection (3)—the day the court is satisﬁed as mentioned in the subsection or on another day decided by the court; (b) under subsection (4)—the day the person dies; (c) under subsection (5)—on the day the proceeding on the charge is discontinued; (d) under subsection (6)—the last day of the 6 months mentioned in the subsection; (e) under subsection (7)—the day the extradition proceeding ends; (f) under subsection (8)—the last day of the 6 months mentioned in the subsection. 15 Act to bind Crown (1) This Act binds the Crown not only in right of Queensland but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities. (2) Nothing in this Act renders the Crown in any of its capacities liable to be prosecuted for an offence. 16 Application (1) Subject to subsection (2), parts 2 and 3 do not apply to a person’s conviction of an offence if the person was convicted of the offence before the commencement of this section. (2) Subsection (1) does not apply in relation to interstate forfeiture orders, interstate pecuniary penalty orders or interstate restraining orders.

s 17 18 s 17 Crimes (Confiscation) Act 1989 (3) Subject to subsection (1), this Act applies to— (a) an offence committed or believed to have been committed at any time whether before or after the commencement of this Act; and (b) a person’s conviction at any time of an offence, whether before or after the commencement of this Act. PART 2—FORFEITURE ORDERS, AUTOMATIC FORFEITURE AND PECUNIARY PENALTY ORDERS Division 1—Applications for forfeiture and pecuniary penalty orders 17 Application for forfeiture or pecuniary penalty order (1) If a person is convicted of a serious offence, an appropriate officer may apply to the Supreme Court or the court before which the person is convicted for 1 or both of the following orders— (a) a forfeiture order against particular property; (b) a pecuniary penalty order. (2) The application must be made within 6 months after— (a) if the person is taken to have been convicted because of section 9(a)—the day the person is convicted of the serious offence; or (b) if the person is taken to have been convicted because of section 9(b)—the day the serious offence is taken into account; or (c) if the person is taken to have been convicted because of section 9(c)—the day the person is taken, under section 14(9), to become unamenable to justice in connection with the serious offence; or (d) if the person is taken to have been convicted because of section 9(d)—the day the person was acquitted of the serious offence because of unsoundness of mind.

s 18 19 s 18 Crimes (Confiscation) Act 1989 (3) However, the application may also be made after the period mentioned in subsection (2), if the court to which the application is made gives leave. (4) If— (a) an application has been made to a court under subsection (1) for a forfeiture order against property in relation to a person’s conviction of a serious offence; and (b) the application has been ﬁnally decided on the merits; an appropriate ofﬁcer may make an application to a court under subsection (1) for a further forfeiture order against the property in relation to the offence only with the Supreme Court’s leave. (5) If— (a) an application has been made to a court under subsection (1) for a pecuniary penalty order against a person for the beneﬁts derived by the person from the commission of a serious offence; and (b) the application has been ﬁnally decided on the merits; an appropriate ofﬁcer may make an application to a court under subsection (1) for a further pecuniary penalty order for the beneﬁts derived by the person from the commission of the offence only with the Supreme Court’s leave. (6) The Supreme Court may give leave under subsection (4) or (5) only if it is satisfied— (a) the relevant property or beneﬁt to which the new application relates was identiﬁed only after the ﬁrst application was ﬁnally decided; or (b) necessary evidence became available only after the ﬁrst application was ﬁnally decided; or (c) it is otherwise in the interests of justice to give the leave. 18 Notice of application (1) If an appropriate officer applies for a forfeiture order against property in relation to a person’s conviction for an offence—

s 19 20 s 20 Crimes (Confiscation) Act 1989 (a) the appropriate ofﬁcer must give written notice of the application to the person and anyone else the appropriate ofﬁcer has reason to believe has an interest in the property; and (b) at any time before the court ﬁnally decides the application, the court may direct the appropriate ofﬁcer to give notice of the application to the persons, and in the way and within the time, the court considers appropriate. (2) If an appropriate officer applies for a pecuniary penalty order against a person, the appropriate officer must give written notice of the application to the person. 19 Right to appear and present evidence (1) The person in relation to whose conviction an application for a forfeiture order against property is made may appear and present evidence at the hearing of the application. (2) Anyone else who claims an interest in the property may also appear and present evidence at the hearing of the application. (3) The person against whom an application for a pecuniary penalty order is made may appear and present evidence at the hearing of the application. 20 Amendment of application (1) If an appropriate officer applies for a forfeiture or pecuniary penalty order, the court hearing the application may amend the application at the request, or with the agreement, of the appropriate officer. (2) However, the court may amend the application— (a) to include additional property in an application for a forfeiture order; or (b) to include additional beneﬁt in an application for a pecuniary penalty order; only if the court is satisﬁed— (c) that the property or beneﬁt was not reasonably capable of identiﬁcation when the application was originally made; or (d) that necessary evidence became available only after the application was originally made.

s 21 21 s 21 Crimes (Confiscation) Act 1989 (3) If— (a) an appropriate ofﬁcer applies to amend an application for a forfeiture order; and (b) the amendment would have the effect of including additional property in the application for the forfeiture order; then— (c) the appropriate ofﬁcer must give written notice of the application to amend to— (i) the person (the “defendant” ) in relation to whose conviction the application for the forfeiture order is made; and (ii) anyone else who the appropriate ofﬁcer has reason to believe may have an interest in property to be included in the application for the forfeiture order; and (d) the defendant and anyone else who claims an interest in property to be included in the application for the forfeiture order may appear and present evidence at the hearing of the application to amend. (4) If— (a) an appropriate ofﬁcer applies to amend an application for a pecuniary penalty order against a person; and (b) the amendment would have the effect of including an additional beneﬁt in the application for the pecuniary penalty order; the appropriate ofﬁcer must give the person written notice of the application to amend. 21 Procedure on application (1) If an application is made to a court for a forfeiture or pecuniary penalty order in relation to a person’s conviction for an offence, in deciding the application the court must have regard to the evidence given in any proceeding against the person for the offence. (2) If— (a) an application is made for a forfeiture or pecuniary penalty order in relation to a person’s conviction for an offence; and

s 22 22 s 22 Crimes (Confiscation) Act 1989 (b) the application is made to the court before which the person is convicted; and (c) when the application is made, the court has not passed sentence on the person for the offence; the court may defer passing sentence until it has decided the application. (3) A court may hear and decide at the same time— (a) an application for a forfeiture or pecuniary penalty order; and (b) an application under a Commonwealth law that makes provision substantially similar to this part. (4) If— (a) a person is taken to have been convicted because of section 9(b) 7 (which deals with offences taken into account in sentencing); and (b) an application is made to a court for a forfeiture or pecuniary penalty order for the conviction; the reference in subsection (1) to a proceeding against the person for the offence includes a reference to a proceeding against the person for the other offence mentioned in section 9(b). 22 Limitation on powers of Magistrates Courts (1) A Magistrates Court may make a forfeiture order in connection with a conviction for an offence only if it is satisfied that the value of the property subject to the forfeiture order (together with the value of all other property subject to other undischarged forfeiture orders made by the court in connection with the conviction) is not more than the monetary jurisdiction of Magistrates Courts specified in the MagistratesCourtsAct 1921 , section 4(a). 8 (2) A Magistrates Court may make a pecuniary penalty order in connection with a conviction for an offence only if it is satisfied that the amount payable under the pecuniary penalty order (together with the amount payable under all other undischarged pecuniary penalty orders made by the court in connection with the conviction) is not more than the monetary jurisdiction of Magistrates Courts specified in the MagistratesCourts Act 1921 , section 4(a). 7 Section 9 (Meaning of “convicted” of offence) 8 Magistrates Court Act 1921 , section 4 (Jurisdiction of Magistrates Courts)

s 23 23 s 23 Crimes (Confiscation) Act 1989 (3) A Magistrates Court may make a forfeiture order for real property only as permitted under a regulation. (4) For the purposes of this section, the value of property is its value decided by the Magistrates Court. (5) In this section— “Magistrates Court” includes the Childrens Court constituted by a magistrate. Division 2—Forfeiture orders and automatic forfeiture of restrained property 23 Forfeiture orders (1) If— (a) a person is convicted of a serious offence; and (b) an application is made to a court under section 17 9 for an order under this subsection (a “forfeiture order” ) against particular property in relation to the offence; and (c) the court is satisﬁed that the property, or an interest in the property, is tainted property in relation to the offence; the court may order that the tainted property is forfeited to the State. (2) In considering whether it is appropriate to make a forfeiture order for particular property, the court may, for example, have regard to— (a) any hardship that may reasonably be expected to be caused to anyone by the order; and (b) the use that is ordinarily made, or was intended to be made, of the property. (3) In considering whether it is appropriate to make a forfeiture order for particular property, the court may also have regard to the gravity of the offence concerned. (4) If— 9 Section 17 (Application for forfeiture or pecuniary penalty order)

s 24 24 s 25 Crimes (Confiscation) Act 1989 (a) an appropriate ofﬁcer applies for a forfeiture order against particular property in relation to a person’s conviction of an offence; and (b) at the hearing of the application evidence is presented that the property was in the person’s possession at the time of, or immediately after, the commission of the offence; then— (c) if no evidence is presented tending to show that the property is not tainted property—the court must presume that the property is tainted property; or (d) in any other case—the court may make a forfeiture order against the property only if it is satisﬁed that the property is tainted property. 24 Order permitting s 31 buyback (1) A court that makes a forfeiture order may, by order, declare that the forfeiture order may be discharged under section 31(1) to the extent the order relates to a specified interest of a specified person. (2) The order must declare the nature, extent and value, when the declaration is made, of the specified interest. (3) A court may make the order only if it is satisfied— (a) it would not be contrary to the public interest for the interest to be transferred to the person; and (b) there is no other reason the interest should not be transferred to the person. 25 Automatic forfeiture of restrained property in relation to serious drug offence (1) If— (a) a person (the “defendant” ) is taken to be convicted of a serious drug offence, other than because of section 9(c) (which deals with persons becoming unamenable to justice); and (b) a restraining order is, or was, granted for property (whether the property of the defendant or someone else) in relation to—

s 26 25 s 26 Crimes (Confiscation) Act 1989 (i) the defendant’s conviction of the serious drug offence; or (ii) the charging, or proposed charging, of the defendant with the serious drug offence or a related serious drug offence; and (c) the restraining order, to the extent to which it relates to the property, is not the subject of a declaration under section 44(3); 10 and (d) the restraining order is in force at the end of— (i) the period (the “forfeiture period” ) of 6 months starting on the day of conviction; or (ii) if the forfeiture period is extended under subsection (2)—the forfeiture period as extended; the property is forfeited to the State at the end of the forfeiture period or the forfeiture period as extended. (2) On application made to the Supreme Court within the forfeiture period, the Supreme Court may extend the forfeiture period by not more than 3 months if it is satisfied it is in the interests of the administration of justice to extend the period in the special circumstances of the case. 26 Effect of forfeiture under s 23 or 25 (1) Forfeited property vests absolutely in the State— (a) if the forfeiture is under section 23—on the making of the forfeiture order under the section; or (b) if the forfeiture is under section 25 (after the making of a restraining order)—on forfeiture to the State under the section. (2) The court that makes the forfeiture or restraining order may give the directions necessary or convenient to give effect to the forfeiture. (3) Within the appeal period, the State must not, without the leave of the court that makes the order— (a) dispose of, or otherwise deal with, the property; or 10 Section 44 (Supreme Court may declare that restrained property be disregarded for purposes of s 25)

s 27 26 s 27 Crimes (Confiscation) Act 1989 (b) authorise anyone else to dispose of, or otherwise deal with, the property. (4) At the end of the appeal period, if— (a) for property subject to forfeiture order—the forfeiture order has not been discharged; or (b) for property subject to forfeiture under section 25—the conviction has not been quashed; the property may be disposed of, or otherwise dealt with, as directed by the Attorney-General or a person authorised by the Attorney-General for this subsection. (5) The Attorney-General has power to do or authorise the doing of anything necessary or convenient to dispose of, or otherwise deal with, the property. (6) In this section— “appeal period” means the period ending— (a) if the period provided for starting an appeal against the conviction, or under section 96, 11 has ended without an appeal having been started—at the end of the period; or (b) if an appeal mentioned in paragraph (a) has been started—when the appeal lapses or is ﬁnally decided. 27 Procedural matters about forfeiture (1) A person who is in possession of property forfeited to the State under section 23 or 25, or documents of title to forfeited property, must give the property or documents of title to a person authorised by the Attorney-General on the authorised person’s demand. (2) If a person gives property or documents of title to property to an authorised person under subsection (1), the person is discharged from any duty or obligation to anyone else for the disposition of the property or documents of title and from all liability that, apart from this subsection, might have arisen because of the giving of the property or documents of title. 11 Section 96 (Appeals)

s 28 27 s 28 Crimes (Confiscation) Act 1989 (3) The registrar of titles and anybody else who is required or permitted to keep a register about dealings with property must, if asked and given sufficient evidence of the forfeiture of property to the State under section 23 or 25, make in the register all entries necessary to record— (a) the forfeiture to and vesting in the State of the property; or (b) if the Attorney-General directs—the public trustee as the holder of the property on trust for the State. (4) Subsection (3) applies despite any other Act and even if the relevant document of title is not produced. (5) A certificate purporting to be by— (a) the registrar or a deputy registrar of the Supreme Court or a registrar or a deputy registrar of the District Court or the Childrens Court constituted by a judge; or (b) the clerk of the court at the place where a Magistrates Court, or the Childrens Court constituted by a magistrate, makes the order; about the making of the forfeiture order or the forfeiture of property under section 25 and identifying the property to which the forfeiture order or forfeiture relates is evidence of the matters certiﬁed. (6) If a certificate mentioned in subsection (5) is properly produced to the registrar of the Supreme Court for registration, the registrar must register the certificate in the court without payment of fee. (7) On registration— (a) the certiﬁcate is a record of the Supreme Court; and (b) the order it mentions is taken to be a judgment of the Supreme Court, properly entered, obtained by the State as plaintiff in an action for the recovery of the property to which the order relates against the person from whom the property has been divested under subsection (1); and (c) all proceedings may be taken to recover the property that could be taken if the judgment had been given in favour of the State. 28 Third party protection from forfeiture order (1) In this section— “defendant” means the person because of whose conviction of a serious offence the application for a forfeiture order is made.

s 28 28 s 28 Crimes (Confiscation) Act 1989 “relevant serious offence” means the serious offence of which the defendant was convicted. “the court” means the court to which the application for the forfeiture order is made. (2) If an application is made to a court for a forfeiture order against particular property, a person (other than the defendant) who claims an interest in the property may apply to the court, before or after the forfeiture order is made, for an order under subsection (7). (3) Unless the court gives leave, the application must be made before the end of the period of 6 months starting on the day the forfeiture order was made. (4) The court may give leave for a later application if it is satisfied that the delay in applying was not because of the applicant’s neglect. (5) Unless the court gives leave, a person who— (a) was given notice of the application for the forfeiture order; or (b) appeared at the hearing of the application for the forfeiture order; can not apply to the court for an order under subsection (7) after the forfeiture order is made. (6) The court may give leave under subsection (5) only if it considers there are special grounds, including, for example— (a) for a good reason, the person did not attend the hearing of the application for the forfeiture order even though the person had notice of it; or (b) particular evidence proposed to be presented by the person in the application was not available to the person at the time of the hearing of the application for the forfeiture order. (7) On an application, an order may be made— (a) declaring the nature, extent and, if necessary for the order, the value (when the declaration is made) of the applicant’s interest in the property; and (b) directing the State— (i) if the property is still vested in the State—to transfer the property to the applicant; or (ii) if the property is no longer vested in the State—to pay to the applicant the value of the applicant’s interest in the property.

s 29 29 s 29 Crimes (Confiscation) Act 1989 (8) The court must, and may only, make the order if it is satisfied— (a) the applicant has or, apart from the forfeiture, would have an interest in the property; and (b) the applicant was not, in any way, involved in the commission of the relevant serious offence; and (c) the applicant acquired the interest— (i) in good faith and for sufﬁcient consideration; and (ii) if the applicant acquired the interest at the time of or after the commission of the relevant serious offence—without knowing, and in circumstances not likely to arouse a reasonable suspicion, that the property was tainted property. (9) For all applications, including applications for leave to apply— (a) the applicant must give notice to the director of public prosecutions of the making of the application; and (b) the director of public prosecutions must be a party. 29 Third party protection from forfeiture under s 25 (1) In this section— “defendant” means the person because of whose conviction of a serious drug offence the property is forfeited under section 25. “relevant restraining order” , for property forfeited under section 25, means the restraining order because of which the property was forfeited. “relevant serious drug offence” means the serious drug offence of which the defendant was convicted. “the court” means the Supreme Court. (2) If property is forfeited under section 25, a person (other than the defendant) who claims an interest in the property may apply to the court for an order under subsection (7) or (11). (3) Unless the court gives leave, the application must be made within 6 months after the property is forfeited under section 25. (4) The court may give leave for a later application if it is satisfied that the delay in applying was not because of the applicant’s neglect.

s 29 30 s 29 Crimes (Confiscation) Act 1989 (5) Unless the court gives leave, a person who— (a) was given notice of the application for the relevant restraining order; or (b) appeared at the hearing of the application for the relevant restraining order; or (c) was given notice of the relevant restraining order; 12 can not apply to the court for an order under subsection (7) or (11). (6) The court may give leave under subsection (5) only if it considers that the failure of the applicant to apply, or apply successfully, to have the property excluded from the relevant restraining order was not because of the applicant’s neglect. (7) On an application, an order may be made— (a) declaring the nature, extent and, if necessary for the order, the value (when the declaration is made) of the applicant’s interest in the property; and (b) directing the State— (i) if the property is still vested in the State—to transfer the property to the applicant; or (ii) if the property is no longer vested in the State—to pay to the applicant the value of the applicant’s interest in the property. (8) The court may make the order under subsection (7) only if it is satisfied as mentioned in subsection (9) or (10). (9) The court may make the order under subsection (7) if it is satisfied— (a) the applicant, apart from the forfeiture, would have an interest in the property; and (b) the applicant was not, in any way, involved in the commission of the relevant serious drug offence; and (c) the applicant acquired the interest— (i) in good faith and for sufﬁcient consideration; and (ii) if the applicant acquired the interest at the time of or after the commission of the relevant serious drug 12 Sections 43 and 44 also provide rights to apply to the Supreme Court to exclude property from the effects of a restraining order.

s 30 31 s 30 Crimes (Confiscation) Act 1989 offence—without knowing, and in circumstances not likely to arouse a reasonable suspicion, that the property was tainted property; and (d) the applicant’s interest in the property was not under the defendant’s effective control before it was forfeited. (10) The court may also make the order under subsection (7) if it is satisfied— (a) the applicant, apart from the forfeiture, would have an interest in the property; and (b) the property was not used in, or in connection with, any unlawful activity and was not derived by anyone from any unlawful activity; and (c) the applicant’s interest in the property was lawfully acquired. (11) On an application, if the court is satisfied— (a) the applicant, apart from the forfeiture, would have an interest in the property; and (b) it would not be contrary to the public interest for the interest in property to be transferred to the applicant; and (c) there is no other reason why the interest should not be transferred to the applicant; the court may make an order— (d) declaring the nature, extent and value (when the declaration is made) of the interest; and (e) that section 25 stops applying to the interest if the person pays to the State, under section 31(2), the amount of the value of the interest while it is vested in the State. (12) For all applications, including applications for leave to apply— (a) the applicant must give notice to the director of public prosecutions of the making of the application; and (b) the director of public prosecutions must be a party. 30 Discharge of forfeiture order A forfeiture order is discharged if—

s 31 32 s 31 Crimes (Confiscation) Act 1989 (a) the conviction in relation to which the order was made is quashed; or (b) a payment is made to discharge the forfeiture order under section 31(1); or (c) the order is set aside under section 39; 13 or (d) the forfeiture order is discharged by the Court of Appeal under section 96. 14 31 Person with interest in forfeited property may buy back the interest (1) If— (a) property is forfeited under a forfeiture order; and (b) a court makes an order under section 24 15 about an interest in the property; and (c) while the property is still vested in the State, there is paid to the State the amount declared in the order under section 24 as the value of the interest; the forfeiture order is discharged to the extent it relates to the interest. (2) If— (a) property is forfeited under section 25; 16 and (b) a court makes an order under section 29(11) about an interest in the property; and (c) while the property is still vested in the State, there is paid to the State the amount declared in the order under section 29(11) as the value of the interest; section 25 stops applying to the interest. (3) If subsection (1) or (2) takes effect on an interest in property, the Attorney-General must arrange for the interest to be transferred to the 13 Section 39 (Rehearing) 14 Section 96 (Appeals) 15 Section 24 (Order permitting s 31 buyback) 16 Section 25 (Automatic forfeiture of restrained property in relation to serious drug offence)

s 32 33 s 32 Crimes (Confiscation) Act 1989 person in whom it was vested immediately before the property was forfeited to the State. (4) The Attorney-General has power to do or authorise the doing of anything necessary or convenient for the transfer. 32 Buying out other interests under court order (1) This section applies if— (a) property is forfeited to the State under section 23 17 or 25; and (b) the property or an interest in the property is required to be transferred to a person (the “buyer” ) under section 28(7), 29(7), 31 or 33(6); 18 and (c) the buyer’s interest in the property, immediately before the forfeiture, was not the only interest in the property. (2) The Attorney-General must arrange for an interest (the “relevant interest” ) other than the buyer’s interest to be transferred to the buyer if— (a) the buyer gives written notice to everyone else who had an interest in the property immediately before the forfeiture to the effect that— (i) the buyer intends to buy the other interests from the State; and (ii) within 21 days after receiving the notice, a person who is given the notice may give the Attorney-General a written objection to the buying of the person’s interest; and (b) the person given notice under paragraph (a) about the relevant interest does not give a written objection to the buying of the interest to the Attorney-General within the 21 days; and (c) while the relevant interest is still vested in the State, the person pays to the State an amount equal to the value of the interest. 17 Section 23 (Forfeiture orders) 18 Sections 28 (Third party protected from forfeiture order), 29 (Third party protected from forfeiture under s 25), 31 (Person with interest in forfeited property may buy back the interest) and 33 (Effect of quashing of conviction or discharge of forfeiture order)

s 33 34 s 33 Crimes (Confiscation) Act 1989 (3) For the purposes of subsection (2), the Attorney-General has power to do, or authorise the doing of, anything necessary or convenient for the transfer. 33 Effect of quashing of conviction or discharge of forfeiture order (1) This section applies if— (a) property is forfeited under section 23 and the forfeiture order is discharged in the way mentioned in section 30(a) or (d); or (b) property is forfeited under section 25 and the conviction because of which the property was forfeited is later quashed. (2) The person in whom the property was vested immediately before it was vested in the State may make a request or application under subsection (5). (3) The director of public prosecutions must— (a) as soon as practicable after the discharge or quashing give notice of it to everyone whom the director of public prosecutions has reason to believe may have had an interest in the property immediately before it was vested in the State; and (b) if required by a court, give notice of the discharge or quashing to the persons, and in the way and within the time, the court considers appropriate. (4) A notice under subsection (3) must include a statement to the effect that a person who had an interest in the property immediately before the property was vested in the State may make application under subsection (5). (5) A person mentioned in subsection (2) may— (a) if the property or interest is still vested in the State—by written notice to the Attorney-General, ask for the return of the property or interest; or (b) if the property or interest is no longer vested in the State—apply to the court that made the forfeiture order or the relevant restraining order for an order declaring the value of the property or interest. (6) On receiving a notice under subsection (5)(a), the Attorney-General must arrange for the property to be transferred to the applicant (or someone else nominated by the applicant) and, for this purpose, the

s 34 35 s 34 Crimes (Confiscation) Act 1989 Attorney-General has power to do or authorise the doing of anything necessary or convenient for the transfer. (7) However, if a payment has been made for the property to a person under an order made under section 28(7)(b)(ii) or 29(7)(b)(ii), the Attorney-General must not arrange for the property to be transferred until the proposed transferee pays to the State the total amount paid by the State for the property under orders made under section 28(7)(b)(ii) or 29(7)(b)(ii). (8) On an application under subsection (5)(b), the court must make an order declaring the value (at the time of the declaration) of the property. (9) After an order is made under subsection (8), the applicant for the order may, by written application to the Attorney-General, ask for payment of the amount declared by the order. (10) The Attorney-General must arrange for payment to the applicant (or someone else nominated by the applicant) of the amount declared by the order less the total amount paid by the State for the relevant property under orders made under section 28(7)(b)(ii) or 29(7)(b)(ii). Division 3—Pecuniary penalty orders 34 Pecuniary penalty orders (1) If an application is made to a court under section 17(1)(b) 19 for a pecuniary penalty order against a person for the benefits derived by the person from the commission of a serious offence, the court may or, if the offence is a serious drug offence, must— (a) assess the value of the beneﬁts under section 37 (Assessment of beneﬁts); and (b) order the person to pay to the State a pecuniary penalty equal to the assessed value less— (i) the value, at the time the order is made, of any property for which a forfeiture order is made in relation to the same conviction; and 19 Section 17 (Application for forfeiture or pecuniary penalty order)

s 35 36 s 36 Crimes (Confiscation) Act 1989 (ii) if the court considers it desirable to take it into account, any amount payable by way for restitution or compensation for the same conviction. (2) The amount payable by the person to the State under the pecuniary penalty order is a debt payable by the person to the State. (3) The pecuniary penalty order may be enforced as if it were an order made by the court in a civil proceeding taken by the State against the person to recover a debt payable by the person to the State. 35 Discharge of pecuniary penalty order to the extent of automatic forfeiture (1) This section applies to a person against whom a pecuniary penalty order has been made for the benefits derived by the person from the commission of a serious offence. (2) If property of the person is forfeited under section 25 20 because of the person’s conviction for the offence, the debt payable under the pecuniary penalty order is discharged to the extent of— (a) if the property is sold—the value of the proceeds of the sale; or (b) if the property is not sold—the reasonable value. 36 Pecuniary penalty order increase if forfeiture order discharged (1) This section applies if— (a) a court makes a pecuniary penalty order for a serious offence; and (b) in deciding the amount of the pecuniary penalty (the “penalty amount” ), the court takes into account a forfeiture of property; and (c) after the pecuniary penalty order is made, the forfeiture ends because of an appeal. (2) An appropriate officer may apply to the court for a variation of the pecuniary penalty order to increase the penalty amount. 20 Section 25 (Automatic forfeiture of restrained property in relation to serious drug offence)

s 37 37 s 37 Crimes (Confiscation) Act 1989 (3) If the court considers an increase appropriate, it may vary the amount of the pecuniary penalty order. 37 Assessment of beneﬁts (1) In this section— “offence period” , in relation to an application under section 17(1) 21 made in relation to 2 or more offences, means the period commencing when the earlier or earliest of those offences was committed and ending when the later or latest of those offences was committed. (2) For the purposes of an application for a pecuniary penalty order against a person (the “defendant” ), the value of the benefits derived by the defendant from the commission of an offence or offences shall be assessed by the court having regard to the evidence before it concerning all or any of the following— (a) the money, or the value of the property other than money, that came into the possession or under the control of— (i) the defendant; or (ii) another person at the request or direction of the defendant; by reason of the commission of the offence or any of the offences; (b) the value of any other beneﬁt provided to— (i) the defendant; or (ii) another person at the request or direction of the defendant; by reason of the commission of the offence or any of the offences; (c) if the offence or any of the offences consisted of the doing of any act or thing in relation to a dangerous drug— (i) the market value, at the time of the offence, of similar or substantially similar dangerous drugs; and (ii) the amount that was, or the range of amounts that were, ordinarily paid for the doing of a similar or substantially similar act or thing; 21 Section 17 (Application for forfeiture or pecuniary penalty order)

s 37 38 s 37 Crimes (Confiscation) Act 1989 (d) the value of the defendant’s property— (i) where the application relates to a single offence—before and after the commission of the offence; or (ii) where the application relates to 2 or more offences—before, during and after the offence period; (e) the defendant’s income and expenditure— (i) where the application relates to a single offence—before and after the commission of the offence; or (ii) where the application relates to 2 or more offences—before, during and after the offence period. (3) The court, in quantifying the value of a benefit for the purposes of this section, may treat as the value of the benefit the value that the benefit would have had if derived at the time when the valuation is being made and, without limiting the generality of this, may have regard to any decline in the purchasing power of money between the time when the benefit was derived and the time when the valuation is being made. (4) Where an application is made for a pecuniary penalty order against a person in respect of a single serious offence, the following provisions have effect— (a) if, at the hearing of the application, evidence is given that the value of the person’s property after the commission of the offence exceeded the value of the person’s property before the commission of the offence, then, for the purposes of section 34(1), 22 the court shall, subject to paragraphs (b) and (c) and subsection (7), treat the value of the beneﬁts derived by the person from the commission of the offence as being not less than the amount of the excess; (b) if, after evidence of the kind referred to in paragraph (a) is given, the person satisﬁes the court that the whole of the excess was due to causes unrelated to the commission of the offence, paragraph (a) does not apply to the excess; (c) if, after evidence of the kind referred to in paragraph (a) is given, the person satisﬁes the court that a part of the excess was due to causes unrelated to the commission of the offence, paragraph (a) 22 Section 34 (Pecuniary penalty orders)

s 37 39 s 37 Crimes (Confiscation) Act 1989 applies to the excess as if it were reduced by the amount of that part. (5) Where an application is made for a pecuniary penalty order against a person in respect of 2 or more serious offences, the following provisions have effect— (a) if, at the hearing of the application, evidence is given that the value of the person’s property at any time during or after the offence period exceeded the value of the person’s property before the offence period, then, for the purposes of section 34(1), the court shall, subject to paragraphs (b) and (c) and to subsection (7), treat the value of the beneﬁts derived by the person from the commission of the offences as being not less than the amount of the excess; (b) if, after evidence of the kind referred to in paragraph (a) is given, the person satisﬁes the court that the whole of the excess was due to causes unrelated to the commission of the offences, paragraph (a) does not apply to the excess; (c) if, after evidence of the kind referred to in paragraph (a) is given, the person satisﬁes the court that a part of the excess was due to causes unrelated to the commission of the offences, paragraph (a) applies to the excess as if it were reduced by the amount of that part. (6) Where an application is made for a pecuniary penalty order against a person in relation to a serious offence or serious offences— (a) all property of the person at the time the application is made; and (b) all property of the person at any time— (i) within the period between the day the offence, or the earliest offence, was committed and the day on which the application is made; or (ii) within the period of 5 years immediately before the day on which the application is made; whichever is the shorter; shall be presumed, unless the contrary is proved, to be property that came into the possession or under the control of the person by reason of the commission of the offence or offences.

s 37 40 s 37 Crimes (Confiscation) Act 1989 (7) A benefit shall not be taken into account for the purposes of this section if a pecuniary penalty has been imposed in respect of the benefit under— (a) this Act; or (b) a law of the Commonwealth; or (c) a law of a Territory; or (d) a law of another State. (8) In calculating, for the purposes of an application for a pecuniary penalty order, the value of benefits derived by a person from the commission of an offence or offences, any expenses or outgoings of the person in, or in connection with, the commission of the offence or offences shall be disregarded. (9) In subsection (8)— “expenses or outgoings” , of the person, includes all costs and expenses incurred by the person in, or in connection with, committing, or attempting, conspiring, planning or preparing to commit, the offence or offences, including, for example, the cost of acquiring, or attempting to acquire, something concerned in committing, or attempting, conspiring, planning or preparing to commit the offence or offences. (10) For the purposes of this section, where property of a person vests in the official trustee in bankruptcy by reason of the person’s bankruptcy, the property shall be taken to continue to be the property of the person. (11) At the hearing of an application for a pecuniary penalty order, a police officer who is experienced in the investigation of dangerous drug offences may testify, to the best of the officer’s information, knowledge and belief— (a) with respect to the amount that was the market value of a dangerous drug at a particular time or during a particular period; or (b) with respect to the amount, or the range of amounts, that was the amount, or range of amounts, ordinarily paid at a particular time, or during a particular period for the doing of an act or thing in relation to a dangerous drug; notwithstanding any rule of law or practice relating to hearsay evidence, and the testimony is evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters testiﬁed to.

s 38 41 s 39 Crimes (Confiscation) Act 1989 38 Discharge of pecuniary penalty order (1) A pecuniary penalty order is discharged if— (a) the conviction in reliance on which the order was made is subsequently quashed; or (b) it is discharged by the court which hears an appeal against it under section 96. 23 (2) If a pecuniary penalty order is registered under the Service and Execution of Process Act 1992 (Cwlth), notice of the discharge of that order shall be given to such persons, in such manner and within such time as the court thinks fit. Division 4—Rehearing 39 Rehearing (1) If a forfeiture order or a pecuniary penalty order has been made in respect of a person who was charged with a serious offence on the ground that that person is to be taken to have been convicted of the offence because of section 9(c), that person or an appropriate officer may apply to the court that made the order to have the order set aside. (2) An applicant under subsection (1), other than an appropriate officer, shall give notice of the application to the Attorney-General who may appear to oppose the grant of the application. (3) On an application under subsection (1) the court may set aside the order subject to such terms and conditions with respect to costs or otherwise as it thinks fit. (4) If the court sets aside an order it may then and there or subsequently rehear the application for the order. 23 Section 96 (Appeals)

s 40 42 s 40 Crimes (Confiscation) Act 1989 PART 3—RESTRAINING ORDERS 40 Restraining orders (1) In this section— “the court” means— (a) in any case—the Supreme Court; or (b) the court before which the defendant appears charged with, or is convicted of, the serious offence. (2) This section applies if a person (the “defendant” ) has been, or is about to be, charged with, or has been convicted of, a serious offence. (3) An appropriate officer may apply to the court for an order about 1 or more of the following— (a) speciﬁed property of the defendant; (b) all the property of the defendant, including property acquired after the order is made; (c) speciﬁed property of the defendant and all other property of the defendant, including property acquired after the order is made; (d) all the property of the defendant, including property acquired after the order is made, other than speciﬁed property; (e) speciﬁed property of someone else. (4) The application must be supported by an affidavit of a police officer stating the matters mentioned in subsections (5) to (9). (5) If the conviction of the defendant of a serious offence is the basis of the application, the affidavit must state details of the conviction. (6) If the fact that the defendant has been or is about to be charged is the basis of the application, the affidavit must state the police officer’s belief, and grounds for the belief, that the defendant committed the offence. (7) If specified property of a person, whether the defendant or someone else, is the subject of the application, the affidavit must— (a) state details of the property; and (b) state the police ofﬁcer’s belief, and grounds for the belief, that it is the property of the person.

s 40 43 s 40 Crimes (Confiscation) Act 1989 (8) If the defendant’s property is the subject of the application, the affidavit must state the police officer’s belief, and grounds for the belief— (a) that the property is tainted property in relation to the offence; or (b) that the defendant derived a beneﬁt from the commission of the offence. (9) If specified property of someone else is the subject of the application, the affidavit must state the police officer’s belief, and grounds for the belief— (a) that the property is tainted property in relation to the offence; or (b) that— (i) the property is under the defendant’s effective control; and (ii) if the offence is not a serious drug offence—the defendant derived a beneﬁt from the commission of the offence. (10) The court may make a restraining order in respect of property whether or not there is any risk of the property being disposed of, or otherwise dealt with, in such manner as would defeat the operation of this Act. (11) The applicant for an order under this section shall give notice of the application— (a) to any person whose property is the subject of the application; and (b) to any other person whom the applicant has reason to believe has an interest in any property that is the subject of the application. (12) The court may, at any time before the final determination of the application, direct the applicant to give or publish notice of the application to such persons, in such manner and within such time as the court thinks fit. (13) Any person whose property is the subject of the application, and any other person who claims an interest in any such property, are entitled to appear and to be heard at the hearing of the application. (14) In an urgent case, the Supreme Court may make an order under this section on an application made without notice but that order only has effect for a maximum of 7 days. (15) If the court is satisfied on an application that—

s 40 44 s 40 Crimes (Confiscation) Act 1989 (a) the defendant must be treated as having been convicted of a serious offence stated in an afﬁdavit required by subsection (5); or (b) there are reasonable grounds for holding the beliefs stated in an afﬁdavit required by subsections (6) to (9); the court may make 1 or more of the following orders— (c) an order directing that property mentioned in the order must not be disposed of or otherwise dealt with; (d) an order directing that property mentioned in the order be disposed of, or otherwise dealt with only in a speciﬁed way or circumstance; (e) an order directing the public trustee to take control of property mentioned in the order; (f) an order directing the applicant to notify the public trustee of the order. (16) If the serious offence is a serious drug offence, the Supreme Court must, subject to subsections (5) to (9) and (20), make the order or orders mentioned in subsection (15) unless the Supreme Court is satisfied that it is not in the public interest to make the order or orders. (17) If an application is made under subsection (3) to the Supreme Court in reliance on the proposed charging of the defendant with a serious offence, the Supreme Court may make a restraining order only if the Supreme Court is satisfied that the defendant will be charged with the serious offence, or a related indictable offence, within 48 hours. (18) A restraining order against a person’s property may be made subject to such conditions as the court thinks fit and, without limiting the generality of this, may make provision for meeting, out of the property or a specified part of the property, 1 or more of the following— (a) the person’s reasonable living expenses (including the reasonable living expenses of the person’s dependants (if any)) and reasonable business expenses; (b) the person’s reasonable expenses in defending a criminal charge or proceedings under this Act to which the person is a party; (c) a speciﬁed debt incurred by the person in good faith (being a debt to which neither paragraph (a) nor (b) applies).

s 41 45 s 41 Crimes (Confiscation) Act 1989 (19) The court may make provision of a type mentioned in subsection (18) only if it is satisfied that— (a) the defendant can not meet the expenses or debt concerned out of property not subject to a restraining order; and (b) the property, or a speciﬁed part of the property, was not tainted property in relation to the offence in reliance on which the application under subsection (3) is made. (19A) Despite sections 43 and 45, subsection (18) is the only provision of this Act under which provision may be made for meeting out of property that is the subject of a restraining order expenses mentioned in subsection (18)(b). (20) The court may refuse to make a restraining order if the Crown, or the applicant on behalf of the Crown, refuses or fails to give to the court such undertakings as the court thinks appropriate concerning the payment of damages or costs, or both, in relation to the making and operation of the order. (21) A restraining order shall be sufficient authority for a person to whom the order is directed to take all steps necessary or desirable to give effect to the order. 41 Limitation on power of Magistrates Court (1) A Magistrates Court may make a restraining order in connection with a charge or conviction for an offence only if it is satisfied that the value of the property subject to the order (together with the value of all other property subject to other undischarged restraining orders made by the court in connection with the charge or conviction) is not more than the monetary jurisdiction of Magistrates Courts specified in the MagistratesCourtsAct 1921 , section 4(a). 24 (2) A Magistrates Court may make a restraining order for real property only as permitted under a regulation. (3) For the purposes of this section, the value of property is its value as decided by the Magistrates Court. 24 Magistrates Court Act 1921 , section 4 (Jurisdiction of Magistrates Courts)

s 42 46 s 43 Crimes (Confiscation) Act 1989 (4) In this section— “Magistrates Court” includes the Childrens Court constituted by a magistrate. 42 Notice of restraining order to be given to persons affected If— (a) a restraining order is made in respect of property of a person; and (b) notice had not been given to that person of the application for the order; the applicant shall give notice of the making of the order to that person. 43 Supreme Court may order that property be excluded from restraining order (1) This section applies if a court makes a restraining order against property in reliance on the conviction, charging or proposed charging of a person (the “defendant” ). (2) A person (the “applicant” ) who has an interest in the property may apply to the Supreme Court to amend the restraining order to exclude the applicant’s interest from the order. (3) If the applicant is the defendant, the Supreme Court may amend the restraining order to exclude the defendant’s interest from the order only if it is satisfied as mentioned in subsection (4) or (8). (4) If the applicant is the defendant and the offence is not a serious drug offence, the Supreme Court may exclude the defendant’s interest if it is satisfied— (a) the interest is not tainted property in relation to the offence; and (b) a pecuniary penalty order can not be made against the defendant. (5) If the applicant is not the defendant the Supreme Court may amend the restraining order to exclude the other person’s interest only if it is satisfied as mentioned in subsection (6), (7) or (8). (6) If the applicant is not the defendant and the offence is not a serious drug offence, the Supreme Court may exclude the applicant’s interest if it is satisfied— (a) the interest is not tainted property in relation to the offence; and

83 Crimes (Confiscation) Act 1989 SCHEDULE 1 (continued) (b) paying all winning bets and receiving all losing bets at the end of each week. (3) The total value of all bets placed with A in the 5 years was $1 000 000. (4) The total value of all losing bets received by A in the 5 years was $600 000. (5) Under section 37(2)(a) of the Act, the benefit derived by A is $600 000. 5 Example 5 (1) A is convicted of producing a dangerous drug, that is, marijuana. (2) A had grown and sold 1 000 marijuana plants. (3) Each marijuana plant, on average, yielded 0.5 kg of saleable material. (4) The market value of the marijuana in the form sold was $2 500 for 0.5 kg. (5) Under section 37(2)(c)(i) of the Act, the benefit derived by A was $2 500 000. 6 Example 6 (1) A is convicted of the serious offence of concealing property reasonably suspected of being tainted property. (2) A came into possession of motor vehicle parts (the “stolen parts” ) that A knew or had reason to suspect were stolen. (3) A used the stolen parts to build 2 complete motor vehicles after later buying the rest of the necessary parts with the intention of combining them with the stolen parts. (4) Before A was charged with the offence, A sold 1 motor vehicle for $30 000 and banked the money. (5) A was still in possession of the other motor vehicle.

84 Crimes (Confiscation) Act 1989 SCHEDULE 1 (continued) (6) Under section 37(2)(a)(i) and (8) of the Act, the benefit derived by A is— (a) the banked $30 000 and its accrued interest; and (b) the value of the motor vehicle still in A’s possession.

85 Crimes (Confiscation) Act 1989 SCHEDULE 2 SERIOUS OFFENCES section 4 1. Classification of Computer Games and Images Act 1995 2. Classification of Films Act 1991 3. Classification of Publications Act 1991 , other than part 2A 4. Drugs Misuse Act 1986 , section 10A 5. Fair Trading Act 1989 , part 3, divisions 1 and 2 6. Fauna Conservation Act 1974 32 7. Fisheries Act 1994 8. Health (Drugs and Poisons) Regulation 1996 9. Liquor Act 1992 , part 6, division 3 10. National Parks and Wildlife Act 1975 33 11. Native Plants Protection Act 1930 34 12. Nature Conservation Act 1992 13. Poisons Regulation 1973 , section D1 or H1 35 14. Weapons Act 1990 . 32 Now see Nature Conservation Act 1992 , section 181. 33 Now see Nature Conservation Act 1992 , section 181. 34 Now see Nature Conservation Act 1992 , section 181. 35 Now see Health (Drugs and Poisons) Regulation 1996 SL No. 414, section 310 (as made).

86 Crimes (Confiscation) Act 1989 ENDNOTES 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .86 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .87 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .87 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .88 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .88 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .90 8 List of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .96 9 Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .97 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 19 July 2002. Future amendments of the Crimes (Conﬁscation) Act 1989 may be made in accordance with this reprint under the Reprints Act 1992, section 49.

87 Crimes (Confiscation) Act 1989 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om orig p para prec pres Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = deﬁnition = division = expires/expired = gazette = heading = inserted = lapsed = notiﬁed = order in council = omitted = original = page = paragraph = preceding = present Key prev (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SIR SL sub unnum Explanation = previous = previously = proclamation = provision = part = published = Reprint No.[X] = Reprints Act 1992 = relocated = renumbered = repealed = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 1992 = subordinate legislation = substituted = unnumbered 4 Table of earlier reprints TABLE OF EARLIER REPRINTS [If a reprint number includes a roman letter, the reprint was released in unauthorised, electronic form only.] Reprint No. 1 2 2A 2B 2C 3 3A 3B 4 4A 4B Amendments included to Act No. 3 of 1995 to Act No. 58 of 1995 to Act No. 79 of 1996 to Act No. 9 of 1997 to Act No. 82 of 1997 to Act No. 82 of 1997 to Act No. 16 of 1999 to Act No. 27 of 1999 to Act No. 16 of 2000 to Act No. 71 of 2001 to Act No. 71 of 2001 Reprint date 1 April 1995 21 December 1995 7 March 1997 4 July 1997 9 December 1997 4 September 1998 23 April 1999 27 October 1999 6 October 2000 28 February 2002 8 March 2002

88 Crimes (Confiscation) Act 1989 5 Tables in earlier reprints TABLES IN EARLIER REPRINTS Name of table Changed citations and remade laws Changed names and titles Comparative legislation Corrected minor errors Obsolete and redundant provisions Renumbered provisions Reprint No. 1, 2 1 1 1, 2 1, 2 1 6 List of legislation Crimes (Conﬁscation) Act 1989 No. 60 (prev Crimes (Conﬁscation of Proﬁts) Act 1989) date of assent 12 May 1989 ss 1–2 and 16 commenced on date of assent remaining provisions commenced 19 June 1989 (proc pubd gaz 17 June 1989 p 1224) amending legislation— Statute Law (Miscellaneous Provisions) Act 1990 No. 88 s 3 sch date of assent 6 December 1990 commenced on date of assent Statute Law (Miscellaneous Provisions) Act 1991 No. 97 ss 1–3 sch 2 date of assent 17 December 1991 commenced on date of assent Queensland Ofﬁce of Financial Supervision Act 1992 No. 12 ss 1–2, 66 sch date of assent 6 May 1992 ss 1–2 commenced on date of assent remaining provisions commenced 29 May 1992 (1992 SL No. 109) Penalties and Sentences Act 1992 No. 48 ss 1–2, 207 sch date of assent 24 November 1992 ss 1–2 commenced on date of assent remaining provisions commenced 27 November 1992 (1992 SL No. 377) Prostitution Laws Amendment Act 1992 No. 65 pts 1–2 date of assent 7 December 1992 ss 1–2 commenced on date of assent remaining provisions commenced 1 February 1993 (1993 SL No. 11) Crimes (Conﬁscation of Proﬁts) Amendment Act 1995 No. 3 date of assent 3 March 1995 ss 1–2 commenced on date of assent remaining provisions commenced 1 April 1995 (1995 SL No. 65)

89 Crimes (Confiscation) Act 1989 Statute Law Revision Act (No. 2) 1995 No. 58 ss 1–2, 4 sch 1 date of assent 28 November 1995 commenced on date of assent Justice Legislation (Miscellaneous Provisions) Act 1996 No. 79 pts 1, 6 date of assent 12 December 1996 ss 1–2 commenced on date of assent remaining provisions commenced 28 February 1997 (1997 SL No. 35) Justice and Other Legislation (Miscellaneous Provisions) Act 1997 No. 9 ss 1, 2(5) pt 6 date of assent 15 May 1997 ss 1, 2(5) commenced on date of assent remaining provisions commenced 20 June 1997 (1997 SL No. 155) Justice and Other Legislation (Miscellaneous Provisions) Act (No. 2) 1997 No. 82 ss 1–2 pt 8 date of assent 5 December 1997 commenced on date of assent Justice Legislation (Miscellaneous Provisions) Act 1999 No. 16 pt 3 date of assent 22 April 1999 commenced on date of assent Statute Law (Miscellaneous Provisions) Act 1999 No. 19 ss 1–3 sch date of assent 30 April 1999 commenced on date of assent Financial Sector Reform (Queensland) Act 1999 No. 27 ss 1–2(1), (4), 76 sch 1 pt 3 date of assent 16 June 1999 ss 1–2, 76 commenced on date of assent remaining provisions commenced 1 July 1999 (see s 2(1) and proc pubd Cwlth of Australia gaz 29 June 1999, No. S283) Police Powers and Responsibilities Act 2000 No. 5 ss 1–2, 461 (prev s 373) sch 3 date of assent 23 March 2000 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2000 (see s 2(1), (3) and 2000 SL No. 174) Mental Health Act 2000 No. 16 ss 1–2, 590 sch 1 pt 2 date of assent 8 June 2000 ss 1–2, 590 commenced on date of assent (see s 2(1)) remaining provisions commenced 28 February 2002 (2002 SL No. 27) (provisions were to commence 8 June 2002 (automatic commencement under AIA s 15DA(2) (2001 SL No. 46 s 2))) Duties Act 2001 No. 71 ss 1–2(1), 551 sch 1 date of assent 13 November 2001 ss 1–2 commenced on date of assent remaining provisions commenced 1 March 2002 (2002 SL No. 10)

90 Crimes (Confiscation) Act 1989 Criminal Law Amendment Act 2002 No. 23 ss 1–2(1), (3), 3 sch date of assent 23 May 2002 ss 1–3 commenced on date of assent (see s 2(1)) remaining provisions commenced 19 July 2002 (2002 SL No. 157) 7 List of annotations This reprint has been renumbered—see table of renumbered provisions in endnote 9. Short title s 1 amd 1995 No. 3 s 4 Commencement s 2 om R2 (see RA s 37) Object of Act s 3 ins 1995 No. 3 s 5 Deﬁnitions prov hdg sub 1995 No. 58 s 4 sch 1 s 4 amd 1991 No. 97 s 3 sch 2; 1992 No. 12 s 66 sch; 1992 No. 48 s 207 sch; 1992 No. 65 s 4; 1995 No. 3 s 6(3) def “ancillary offence” ins 1995 No. 3 s 6(2) def “appropriate ofﬁcer” sub 1995 No. 3 s 6(1), (2) def “approved form” ins 1995 No. 58 s 4 sch 1 om 2000 No. 5 s 461 sch 3 def “beneﬁt” ins 1995 No. 3 s 6(2) def “beneﬁt derived” ins 1995 No. 3 s 6(2) def “charge” ins 1995 No. 3 s 6(2) def “convicted” ins 1995 No. 3 s 6(2) def “derived” ins 1995 No. 3 s 6(2) def “effective control” ins 1995 No. 3 s 6(2) def “ﬁnancial institution” amd 1992 No. 12 s 66 sch sub 1995 No. 3 s 6(1), (2) amd 1999 No. 27 s 76 sch 1 pt 3 def “interest” om 1995 No. 3 s 6(1) def “Magistrates Court” om 1991 No. 97 s 3 sch 2 def “member of the police force” om 1995 No. 3 s 6(1) def “money laundering” ins 1995 No. 3 s 6(2) def “monitoring order” ins 2000 No. 5 s 461 sch 3 def “police ofﬁcer” ins 1995 No. 3 s 6(2) om 1996 No. 79 s 22 def “premises” om 2000 No. 5 s 461 sch 3 def “property” om 1991 No. 97 s 3 sch 2 def “property-tracking document” om 2000 No. 5 s 461 sch 3 def “Public Trustee” om 1995 No. 3 s 6(1) def “quash” ins 1995 No. 3 s 6(2) def “related offence” ins 1995 No. 3 s 6(2) def “relevant period” om 1995 No. 3 s 6(1) def “search warrant” sub 2000 No. 5 s 461 sch 3

91 Crimes (Confiscation) Act 1989 def “serious drug offence” ins 1995 No. 3 s 6(2) def “serious offence” amd 1992 No. 65 s 4 sub 1995 No. 3 s 6(1), (2) def “tainted property” sub 1995 No. 3 s 6(1), (2) def “transaction” ins 1995 No. 3 s 6(2) def “transfer” ins 1995 No. 3 s 6(2) def “unamenable justice” ins 1995 No. 3 s 6(2) def “unlawful activity” ins 1995 No. 3 s 6(2) Examples in sch 1 s 5 ins 1995 No. 3 s 7 Meaning of “appropriate ofﬁcer” s 6 ins 1995 No. 3 s 7 Meaning of “beneﬁt derived” s 7 ins 1995 No. 3 s 7 Meaning of “charge” if complaint made s 8 ins 1995 No. 3 s 7 Meaning of “convicted” of offence s 9 ins 1995 No. 3 s 7 Meaning of “effective control” s 10 ins 1995 No. 3 s 7 Meaning of “quash” a conviction s 11 ins 1995 No. 3 s 7 Meaning of “related offence” s 12 ins 1995 No. 3 s 7 Meaning of “tainted property” s 13 ins 1995 No. 3 s 7 amd 1999 No. 16 s 7 Meaning of “unamenable to justice” s 14 ins 1995 No. 3 s 7 amd 2000 No. 16 s 590 sch 1 pt 2 PART 2—FORFEITURE ORDERS, AUTOMATIC FORFEITURE PECUNIARY PENALTY ORDERS pt hdg amd 1995 No. 3 s 8 Division 1—Applications for forfeiture and pecuniary penalty orders div hdg sub 1995 No. 3 s 9 Application for forfeiture or pecuniary penalty order s 17 sub amd 1995 No. 3 s 9 Notice of application s 18 ins 1995 No. 3 s 9 Right to appear and present evidence s 19 ins 1995 No. 3 s 9 AND

92 Crimes (Confiscation) Act 1989 Amendment of application s 20 ins 1995 No. 3 s 9 Procedure on application s 21 ins 1995 No. 3 s 9 Limitation on powers of Magistrates Courts s 22 sub 1995 No. 3 s 9 Division 2—Forfeiture orders and automatic forfeiture of restrained property div hdg sub 1995 No. 3 s 9 Forfeiture orders s 23 amd 1990 No. 88 s 3 sch sub 1995 No. 3 s 9 amd 2002 No. 23 s 3 sch Order permitting s 31 buyback s 24 ins 1995 No. 3 s 9 Automatic forfeiture of restrained property in relation to serious drug offence s 25 ins 1995 No. 3 s 9 (3)–(4) exp 1 April 1996 (see s 25(4)) (3)–(4) AIA s 20A applies (see s 25(4)) Effect of forfeiture under s 23 or 25 s 26 sub 1995 No. 3 s 9 Procedural matters about forfeiture s 27 ins 1995 No. 3 s 9 amd 1999 No. 19 s 3 sch Third party protection from forfeiture order s 28 sub 1995 No. 3 s 9 amd 2001 No. 71 s 551 sch 1 Third party protection from forfeiture under s 25 s 29 ins 1995 No. 3 s 9 amd 2001 No. 71 s 551 sch 1 Discharge of forfeiture order s 30 sub 1995 No. 3 s 9 Person with interest in forfeited property may buy back the interest s 31 sub 1995 No. 3 s 9 Buying out other interests under court order s 32 ins 1995 No. 3 s 9 Effect of quashing of conviction or discharge of forfeiture order s 33 ins 1995 No. 3 s 9 amd 2001 No. 71 s 551 sch 1 Pecuniary penalty orders s 34 sub 1995 No. 3 s 10

93 Crimes (Confiscation) Act 1989 Discharge of pecuniary penalty order to the extent of automatic forfeiture s 35 sub 1995 No. 3 s 10 Pecuniary penalty order increase if forfeiture order discharged s 36 sub 1995 No. 3 s 10 Assessment of beneﬁts s 37 amd 1995 No. 3 s 11 Discharge of pecuniary penalty order s 38 amd 1995 No. 3 s 12 Rehearing s 39 amd 1995 No. 3 s 13 Restraining orders s 40 amd 1995 No. 3 s 14; 1997 No. 9 s 20; 1999 No. 16 s 8 Limitation on power of Magistrates Court s 41 ins 1995 No. 3 s 15 Supreme Court may order that property be excluded from restraining order s 43 ins 1995 No. 3 s 16 amd 1999 No. 16 s 9 Supreme Court may declare that restrained property be disregarded for purposes of s 25 s 44 ins 1995 No. 3 s 16 Further orders s 45 amd 1995 No. 3 s 17 Contravention of restraining order s 47 amd 1995 No. 3 s 18 Charge on property subject to restraining order s 48 sub 1995 No. 3 s 19 Liability under forfeiture or pecuniary penalty order or forfeiture under s 25 to be satisﬁed by public trustee prov hdg sub 1995 No. 3 s 20 s 50 amd 1995 No. 3 s 20 Provisions concerning the public trustee s 51 amd 1997 No. 82 s 24 PART 5—OBLIGATIONS OF FINANCIAL INSTITUTIONS pt hdg sub 2000 No. 5 s 461 sch 3 Division 1—Production orders div hdg om 2000 No. 5 s 461 sch 3 Interpretation s 52 om 2000 No. 5 s 461 sch 3 Production orders s 53 amd 1995 No. 3 s 21 om 2000 No. 5 s 461 sch 3

94 Crimes (Confiscation) Act 1989 Variation of production order s 54 om 2000 No. 5 s 461 sch 3 Failure to comply with production order s 55 amd 1995 No. 3 s 22 om 2000 No. 5 s 461 sch 3 Division 2—Search powers div hdg om 2000 No. 5 s 461 sch 3 Powers to search for, and seize, certain documents and property s 56 om 2000 No. 5 s 461 sch 3 Search warrant for location etc. of certain documents and property s 57 amd 1990 No. 88 s 3 sch; 1995 No. 3 s 23; 1995 No. 58 s 4 sch 1 om 2000 No. 5 s 461 sch 3 Searches in emergencies s 58 om 2000 No. 5 s 461 sch 3 Application for warrant s 59 amd 1995 No. 3 s 24; 1995 No. 58 s 4 sch 1 om 2000 No. 5 s 461 sch 3 Record of proceedings before magistrate s 60 amd 1995 No. 58 s 4 sch 1 om 2000 No. 5 s 461 sch 3 Duty to show warrant s 61 om 2000 No. 5 s 461 sch 3 Use of force to enter premises etc. s 62 om 2000 No. 5 s 461 sch 3 Use of assistants to execute warrant s 63 om 2000 No. 5 s 461 sch 3 Expiry of warrant s 64 om 2000 No. 5 s 461 sch 3 Report to magistrate on execution of warrant etc. s 65 amd 1995 No. 58 s 4 sch 1 om 2000 No. 5 s 461 sch 3 Death, absence etc. of magistrate who issued warrant s 66 om 2000 No. 5 s 461 sch 3 Defects in warrants s 67 om 2000 No. 5 s 461 sch 3 Seizure of property under search warrant s 68 om 2000 No. 5 s 461 sch 3 Search of persons under search warrant s 69 om 2000 No. 5 s 461 sch 3 Return of seized property s 70 om 2000 No. 5 s 461 sch 3

95 Crimes (Confiscation) Act 1989 Division 3—Monitoring orders div hdg om 2000 No. 5 s 461 sch 3 Monitoring orders s 71 om 2000 No. 5 s 461 sch 3 Existence and operation of monitoring order not to be disclosed s 72 amd 1995 No. 3 s 25 om 2000 No. 5 s 461 sch 3 Division 4—Obligations of ﬁnancial institutions div hdg om 2000 No. 5 s 461 sch 3 Interpretation s 73 amd 2000 No. 5 s 461 sch 3 Effect of registration s 79 sub 1995 No. 3 s 26 amd 2002 No. 23 s 3 sch Interstate orders and search warrants s 84 amd 1995 No. 3 s 27 Application for special forfeiture order s 85 sub 1995 No. 3 s 28 Special forfeiture order s 86 amd 1995 No. 3 s 29 Assessment of beneﬁts prov hdg amd 1995 No. 3 s 30 s 87 amd 1991 No. 97 s 3 sch 2; 1995 No. 3 s 30; 1995 No. 58 s 4 sch 1 Money laundering s 90 sub 1995 No. 3 s 31 amd 1999 No. 16 s 10; 2000 No. 5 s 461 sch 3 Charging of money laundering s 91 ins 1995 No. 3 s 31 Possession etc. of property suspected of being tainted property s 92 sub 1995 No. 3 s 31 amd 2000 No. 5 s 461 sch 3 Proceeding on application for order not criminal proceeding etc. s 94 sub 1995 No. 3 s 32 Appeals s 96 amd 1995 No. 3 s 33 Sentencing court not to have regard to property forfeiture or pecuniary penalty s 98 sub 1995 No. 3 s 34 Sham transactions etc. s 100 ins 1995 No. 3 s 35 Pecuniary penalty, restraining and special forfeiture order to be registered s 101 amd 1995 No. 3 s 36

96 Crimes (Confiscation) Act 1989 Registration fees s 105 ins 1995 No. 3 s 37 Power of arrest s 107 om 2000 No. 5 s 461 sch 3 Approval of forms s 108 sub 1995 No. 3 s 38; 1995 No. 58 s 4 sch 1 om 2000 No. 5 s 461 sch 3 Transitional provision about forms s 109 ins 1995 No. 58 s 4 sch 1 exp 28 May 1996 (see s 109(3)) Regulation-making power s 110 ins 1995 No. 58 s 4 sch 1 References to Crimes (Conﬁscation of Proﬁts) Act 1989 s 111 ins 1995 No. 58 s 4 sch 1 Numbering and renumbering of Act s 80 ins 1995 No. 3 s 38 om R1 (see RA s 37) SCHEDULE 1—EXAMPLES ins 1995 No. 3 s 39 SCHEDULE 2—SERIOUS OFFENCES ins 1995 No. 3 s 39 amd 1997 No. 82 s 25 8 List of forms Form 1 Version 2—Application for Search Warrant pubd gaz 11 October 1996 p 537 Form 2 Version 1—Search Warrant pubd gaz 24 May 1996 p 704 Form 3 Version 1—Complaint to Ground Issue of Search Warrant on Application under section 59(4) pubd gaz 24 May 1996 p 704 Form 4 Version 2—Record of Proceedings pubd gaz 11 October 1996 p 537 Form 5 Version 1—Report on Execution of Warrant pubd gaz 24 May 1996 p 704

97 Crimes (Confiscation) Act 1989 9 Table of renumbered provisions TABLE OF RENUMBERED PROVISIONS under the Reprints Act 1992 s 43 as required by the Crimes (Conﬁscation of Proﬁts) Amendment Act 1995 No. 3 s 38 Previous Renumbered as 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 3(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 3C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 3D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 3E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 3F. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 3G . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 3H . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 3I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 3J . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18 6B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19 6C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 6D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 8A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 8B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26 9A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 10A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 11A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 11B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34 13A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35 13B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37 14(8A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37(9) 14(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37(10) 14(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37(11) 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40

98 Crimes (Confiscation) Act 1989 Previous Renumbered as 17(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40(2) 17(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40(3) 17(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40(4) 17(2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40(5) 17(2C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40(6) 17(2D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40(7) 17(2E) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40(8) 17(2F) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40(9) 17(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40(10) 17(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40(11) 17(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40(12) 17(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40(13) 17(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40(14) 17(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40(15) 17(8A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40(16) 17(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40(17) 17(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40(18) 17(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40(19) 17(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40(20) 17(13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40(21) 17A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42 18A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43 18B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45 19(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45(2) 19(1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45(3) 19(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45(4) 19(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45(5) 19(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45(6) 19(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45(7) 19(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45(8) 19(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45(9) 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .46 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .48 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .49 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50 24(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50(3) 24(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50(4) 24(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50(5) 24(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50(6) 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .51 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .52 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .53 27(15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .53(14) 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .54 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .55

99 Crimes (Confiscation) Act 1989 Previous Renumbered as 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .56 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .57 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .58 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .59 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .60 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .61 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .62 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .63 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .64 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .65 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .66 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .67 42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .68 43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .69 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .70 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .71 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .72 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .73 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .74 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .75 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .76 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .77 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .78 53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .79 54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .80 55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .81 56 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .82 57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .83 58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .84 59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .85 60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .86 60(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .86(2) 60(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .86(3) 60(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .86(4) 60(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .86(5) 60(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .86(6) 60(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .86(7) 61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .87 62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .88 63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .89 64 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .90 64A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .91 65 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .92 66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .93 67 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .94 68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .95 69(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .96 70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .97

100 Crimes (Confiscation) Act 1989 Previous Renumbered as 71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .98 72 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .99 72A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .100 73 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101 73(1), 2nd sentence . . . . . . . . . . . . . . . . . . . . . . . .101(2) 73(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101(3) 74 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .102 75 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .103 76 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .104 76A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .105 77 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .106 78 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .107 79 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .108 © State of Queensland 2002