Criminal Assets Confiscation Act 2005 (SA)

South Australia

Criminal Assets Confiscation Act 2005

An Act to provide for the confiscation of proceeds and instruments of crime; to provide for the confiscation of property of certain drug offenders as an additional punishment for their offending; and for other purposes.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Criminal Assets Confiscation Act 2005.

3Interpretation

(1)
In this Act, unless the contrary intention appears—
abscond—see section 4;
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)
a safety deposit box or other safe custody facility;
Administrator means the person appointed as the Administrator under section 190;
agent includes, if the agent is a corporation, the officers and agents of the corporation;
Australia, when used in a geographical sense, includes the external Territories;
authorised officer means—
(a)
the DPP; or
(b)
a police officer; or
(c)
a member, officer or employee of an enforcement agency who is authorised in writing by the head of that agency for the purposes of this Act;
benefit includes a service or advantage;
charged—a person is charged with an offence if an information or complaint is laid against the person for the offence whether or not—
(a)
a summons to require the attendance of the person to answer the information or complaint has been issued; or
(b)
a warrant for the arrest of the person has been issued;
compensation order means an order made under section 61;
confiscation order means a forfeiture order, a pecuniary penalty order or a literary proceeds order;
controlled property means property subject to an order under section 39;
convicted—see section 5;
conviction day—see section 5;
conviction offence, in relation to a prescribed drug offender, has the meaning given in section 6A;
corresponding law means a law declared to be a corresponding law under section 12;
court means—
(a)
the Supreme Court; or
(b)
the District Court; or
(c)
subject to section 14, the Magistrates Court;
data includes data in any form in which it may be stored or processed in a computer (including a computer program or part of a computer program);
data storage device means any article or material (for example, a disk) from which information is capable of being reproduced, with or without the aid of any other article or device;
deal with—dealing with a person's property includes—
(a)
if a debt is owed to the person—making a payment to a person in reduction of the amount of the debt; and
(b)
removing the property from the State; and
(c)
receiving or making a gift of the property; and
(d)
if the property is covered by a restraining order—engaging in a transaction that has the direct or indirect effect of reducing the value of the person's interest in the property;
dependant of a person means—
(a)
a spouse or domestic partner of the person; or
(b)
a child of the person who depends on the person for support; or
(c)
a member of the person's household who depends on the person for support;
derived—a person derives proceeds, a benefit or literary proceeds if —
(a)
the person; or
(b)
another person at the request or direction of the first person,
derives the proceeds, benefit or literary proceeds, whether directly or indirectly;
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 of 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, other than when those directors only do so—
(i)
in the proper performance of the functions attaching to the person's professional capacity; or
(ii)
in their business relationship with the person;
document includes—
(a)
any paper or other material on which there is writing; and
(b)
any paper or other material on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; and
(c)
any article or material from which sounds, images or writings are capable of being reproduced with or without the aid of any other article or device; and
(d)
any map, plan, drawing, graph or photograph;
domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;
DPP means the Director of Public Prosecutions and includes a person acting in the position of Director of Public Prosecutions;
drug means a substance that is a controlled drug within the meaning of the Controlled Substances Act 1984;
effective control—see section 6;
encumbrance, in relation to property, includes any interest, mortgage, charge, right, claim or demand in respect of the property;
enforcement agency means—
(a)
the DPP; or
(b)
an agency prescribed by regulation as an enforcement agency for the purposes of this Act or specified provisions of this Act;
examination notice means a notice given under section 133;
examination order means an order under section 131 or 132 that is in force;
exclusion order means an order under section 58 or 59;
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;
financial institution means—
(a)
an ADI; or
(b)
a friendly society; or
(c)
an institution of a kind declared by regulation to be a financial institution;
foreign forfeiture order has the same meaning as in the Mutual Assistance Act;
foreign offence includes an offence against international law;
foreign pecuniary penalty order has the same meaning as in the Mutual Assistance Act;
foreign restraining order has the same meaning as in the Mutual Assistance Act;
forfeiture order means an order under section 47 that is in force;
freezing order means an order under section 17 that is in force;
instrument—see section 7;
instrument substitution declaration means a declaration under section 48;
interest, in relation to property or a thing, means—
(a)
a legal or equitable estate or interest in the property or thing; or
(b)
a right, power or privilege in connection with the property or thing,
whether present or future and whether vested or contingent;
legal assistance costs means the costs of providing legal assistance to an assisted person under the Legal Services Commission Act 1977 (see section 5(2) of that Act);
literary proceeds—see section 110;
literary proceeds amount—see section 113;
literary proceeds order means an order under section 111 that is in force;
monitoring order means an order under section 165 that is in force;
Mutual Assistance Act means the Mutual Assistance in Criminal Matters Act 1987 of the Commonwealth as in force from time to time;
officer, in relation to a financial institution or a corporation, means a director, secretary, executive officer or employee;
pecuniary penalty order means an order under section 95 that is in force;
penalty amount—see section 99;
premises means a building, structure or place (whether built on or not and whether enclosed or unenclosed) and includes an aircraft, vessel or vehicle;
prescribed drug offender—see section 6A;
proceeds—see section 7;
production order means an order under section 150 that is in force;
property means real or personal property (tangible or intangible) including—
(a)
a chose in action; and
(b)
an interest in property;
property-tracking document—see section 149;
protected property of a person means property owned by or subject to the effective control of the person that is of a class declared by regulation for the purposes of this definition;
quashed—see section 8;
reciprocating State means a State or Territory in which a corresponding law is in force;
recognised Australian forfeiture order means an order that is made under a corresponding law and is of a kind declared by the regulations to be within this definition;
recognised Australian pecuniary penalty order means an order that is made under a corresponding law and is of a kind declared by the regulations to be within this definition;
recognised Australian restraining order means an order that is made under a corresponding law and is of a kind declared by the regulations to be within this definition;
registrable property means property the title to which is passed by registration on a register kept pursuant to a provision of a law of the State or any other law;
registration authority means an authority responsible for administering a law providing for registration of title to, or charges over, property of a particular kind;
related offence—an offence is related to another offence if the physical elements of the 2 offences are substantially the same acts or omissions;
responsible custodian, in relation to property or other material seized under this Act, means—
(a)
if the property or other material is seized by the DPP—the DPP; or
(b)
in any other case—the head of the enforcement agency of the authorised officer who seized the property or other material;
restraining order means an order under section 24 that is in force;
search warrant means a warrant issued under section 172 that is in force;
serious and organised crime has the same meaning as in the Australian Crime Commission (South Australia) Act 2004;
serious offence means—
(a)
an indictable offence; or
(c)
an offence against—
(i)
section 68(3) of the Criminal Law Consolidation Act 1935; or
(ii)
an offence against section 52, 53, 72 or 74 of the Fisheries Management Act 2007; or
(iii)
section 99 of the Liquor Licensing Act 1997; or
(iv)
a provision of the Lottery and Gaming Act 1936; or
(v)
section 47, 48, 48A, 51 or 60 of the National Parks and Wildlife Act 1972; or
(vi)
section 28(1)(a) or 41 of the Summary Offences Act 1953; or
(d)
a foreign offence declared by the regulations to be within the ambit of this definition;
spouse—a person is the spouse of another if they are legally married;
sufficient consideration, in relation to an acquisition or disposal of property, means consideration that is sufficient and that reflects the value of the property, having regard solely to commercial considerations;
suspect, in relation to a restraining order or a confiscation order, means a person who—
(a)
has been convicted of; or
(b)
has been charged with, or is proposed to be charged with; or
(c)
if the order is a restraining order—is suspected of having committed; or
(d)
if the order is a confiscation order—committed,
the offence or offences to which the order relates;
tainted property means—
(a)
proceeds of a serious offence; or
(b)
an instrument of a serious offence or property subject to an instrument substitution declaration; or
(c)
property owned by, or subject to the effective control of, a prescribed drug offender on the conviction day for the conviction offence (other than protected property of the prescribed drug offender); or
(d)
property owned by, or subject to the effective control of, a person who has been charged with, or is proposed to be charged with, an offence where the person would, if convicted of the offence, become a prescribed drug offender (other than protected property of the person);
unlawful activity means an unlawful act or omission—
(a)
that constitutes a serious offence; or
(b)
that would, if committed in this State, constitute a serious offence;
vehicle includes an aircraft or vessel;
Victims of Crime Fund means the fund of that name continued in existence under the Victims of Crime Act 2001.
(2)
A reference in this Act to an indictable offence includes an indictable offence of a kind that is required to be prosecuted, and dealt with by the Magistrates Court, as a summary offence under a provision of any Act.

4Meaning of abscond

(1)
For the purposes of this Act, a person is taken to abscond in connection with an offence if—
(a)
an information or complaint is laid alleging the person committed the offence; and
(b)
a warrant for the person's arrest is issued in relation to that information or complaint; and
(c)
at the end of the period of 6 months commencing on the day on which the warrant is issued either—
(i)
the person—
(A)
cannot be found; or
(B)
is, for any other reason, not amenable to justice and, if the person is in a jurisdiction outside Australia, extradition proceedings are not on foot in that jurisdiction; or
(ii)
—
(A)
the person is, because he or she is in a jurisdiction outside Australia, not amenable to justice; and
(B)
extradition proceedings are on foot in that jurisdiction,
and subsequently those proceedings terminate without an order for the person's extradition being made.
(2)
For the purposes of subsection (1), extradition proceedings are not taken to be on foot in a jurisdiction unless the person is in custody, or is on bail, in that jurisdiction.

5Meaning of convicted of an offence

(1)
For the purposes of this Act, a person is taken to be convicted of an offence if—
(a)
the person is convicted, whether summarily or on indictment, of the offence (and in such a case the conviction day for the purposes of this Act is the day on which the person was convicted, whether or not the court passed sentence on that day); or
(b)
the person is charged with, and found guilty of, the offence but is discharged without conviction (and in such a case the conviction day for the purposes of this Act is the day on which the person was discharged without conviction); or
(c)
a court, with the consent of the person, takes the offence, of which the person has not been found guilty, into account in passing sentence on the person for another offence (and in such a case the conviction day for the purposes of this Act is the day on which the court took the offence into account in passing the sentence); or
(d)
the person absconds in connection with the offence (and in such a case the conviction day for the purposes of this Act is the day on which the person is taken to have absconded); or
(e)
a court has, under Part 8A Division 2 of the Criminal Law Consolidation Act 1935, recorded findings that—
(i)
the person is mentally incompetent to commit the offence; and
(ii)
the objective elements of the offence are established,
(and in such a case the conviction day for the purposes of this Act is the day on which the court recorded those findings or, if those findings were recorded on different days, the later of the days); or
(f)
a court has, under Part 8A Division 3 of the Criminal Law Consolidation Act 1935, recorded findings that—
(i)
the person is mentally unfit to stand trial on a charge of the offence; and
(ii)
the objective elements of the offence are established,
(and in such a case the conviction day for the purposes of this Act is the day on which the court recorded those findings or, if those findings were recorded on different days, the later of the days).
(2)
If subsection (1)(d), (1)(e) or (1)(f) applies to a person, the person is taken—
(a)
to have committed the offence; and
(b)
to have been convicted of the offence before an appropriate court.

6Meaning of effective control

(1)
For the purposes of this Act, the following principles apply when determining whether property is subject to the effective control of a person:
(a)
property may be subject to the effective control of a person whether or not the person has an interest in the property;
(b)
property that is held on trust for the ultimate benefit of a person is taken to be subject to the effective control of the person;
(c)
if a person is one of 2 or more beneficiaries under a discretionary trust, the following undivided proportion of the trust property is taken to be subject to the effective control of the person:
(d)
if property is initially owned by a person and, within 6 years (whether before or after) of—
(i)
an application for a restraining order or a confiscation order being made; or
(ii)
the person becoming a prescribed drug offender,
is disposed of to another person without sufficient consideration, then the property is taken still to be subject to the effective control of the first person;
(e)
property may be subject to the effective control of a person even if one or more other persons have joint control of the property.
(2)
In determining whether or not property is subject to the effective control of a person, regard may be had to—
(a)
shareholdings in, debentures over or directorships of a company 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 companies of the kind referred to in paragraph (a) or trusts of the kind referred to in paragraph (b), and other persons.

6AMeaning of prescribed drug offender

(1)
For the purposes of this Act, a person is a prescribed drug offender if the person is convicted of a serious drug offence (the conviction offence) committed after the commencement of this section and—
(a)
the conviction offence is a commercial drug offence; or
(b)
the person has at least 2 other convictions for prescribed drug offences and those offences and the conviction offence were all committed on separate occasions within a period of 10 years, not including any period during which the person was in government custody.
(2)
A conviction may be taken into account for the purposes of subsection (1)(b)—
(a)
whether the offence to which the conviction relates was committed before or after the commencement of this section; and
(b)
whether or not the offence to which the conviction relates has previously been taken into account for the purposes of any proceeding under this Act.
(3)
In this section—
commercial drug offence means—
(a)
an offence against section 32(1) or (2), section 33(1) or (2), section 33A(1) or (2), section 33B(1) or (2) or section 33C(1) or (2) of the Controlled Substances Act 1984; or
(b)
an offence against Part 5 Division 3 of the Controlled Substances Act 1984 involving a commercial quantity or large commercial quantity of a controlled drug;
detainee means a person who—
(a)
is detained in a training centre within the meaning of the Young Offenders Act 1993; or
(b)
is detained as a result of being declared liable to supervision under Part 8A of the Criminal Law Consolidation Act 1935;
external serious drug offence means an offence against a law or former law of the Commonwealth, of another State or of a Territory of a kind prescribed by regulation;
government custody means—
(a)
custody as a prisoner or detainee; or
(ab)
custody under a home detention order under Part 3 Division 7 Subdivision 1 of the Sentencing Act 2017; or
(b)
custody under a law of another jurisdiction in the nature of custody referred to in paragraph (a) or (ab);
prescribed drug offence means—
(a)
a serious drug offence; or
(b)
an offence against a former law of the State of a kind prescribed by regulation; or
(c)
an external serious drug offence;
serious drug offence means an offence against Part 5 Division 2 or 3 of the Controlled Substances Act 1984 that is an indictable offence.

7Meaning of proceeds and instrument of an offence

(1)
For the purposes of this Act, the following rules apply when determining whether property is proceeds or an instrument of an offence:
1. (a)
  property is proceeds of an offence if it is—
  1. (i)
    wholly derived or realised, whether directly or indirectly, from the commission of the offence; or
  2. (ii)
    partly derived or realised, whether directly or indirectly, from the commission of the offence,
whether the property is situated within or outside the State;
1. (b)
  property is an instrument of an offence if it is—
  1. (i)
    used in, or in connection with, the commission of an offence; or
  2. (ii)
    intended to be used in, or in connection with, the commission of an offence,

whether the property is situated within or outside the State;
1. (c)
  property becomes proceeds of an offence or an instrument of an offence (as the case requires) if it is—
  1. (i)
    wholly or partly derived or realised from the disposal of, or other dealing with, proceeds of the offence or an instrument of the offence; or
  2. (ii)
    wholly or partly acquired using proceeds of the offence or an instrument of the offence,
including as a result of a previous application of this section;
1. (d)
  property remains proceeds of an offence or an instrument of an offence even if it is—
  1. (i)
    credited to an account; or
  2. (ii)
    disposed of or otherwise dealt with;
2. (e)
  property can be proceeds of an offence or an instrument of an offence even if no person has been convicted of the offence.
(2)
Subject to this section, property only ceases to be proceeds of an offence or an instrument of an offence if—
1. (a)
  it is acquired by a third party for sufficient consideration without the third party knowing, and in circumstances that would not arouse a reasonable suspicion, that the property was proceeds of an offence or an instrument of an offence (as the case requires); or
2. (b)
  it vests in a person from the distribution of the estate of a deceased person, having been previously vested in a person from the distribution of the estate of another deceased person while the property was still proceeds of an offence or an instrument of an offence (as the case requires); or
3. (c)
  it has been distributed in accordance with—
  1. (i)
    an order in proceedings under the Family Law Act 1975 of the Commonwealth with respect to the property of the parties to a marriage or de facto relationship, or either of them; or
  2. (ii)
    a financial agreement or Part VIIIAB financial agreement within the meaning of that Act,
and 6 years have elapsed since that distribution; or
1. (d)
  it has been distributed in accordance with an order in proceedings under the Domestic Partners Property Act 1996 and 6 years have elapsed since that distribution; or
2. (e)
  it is acquired by a person as payment for reasonable legal expenses incurred in connection with an application under this Act or defending a criminal charge; or
3. (f)
  a forfeiture order in respect of the property is satisfied; or
4. (g)
  a recognised Australian restraining order or a recognised Australian forfeiture order is satisfied in respect of the property; or
5. (h)
  it is otherwise sold or disposed of under this Act; or
6. (i)
  in any other circumstances specified in the regulations.
(3)
If—
1. (a)
  a person once owned property that was proceeds of an offence or an instrument of an offence; and
2. (b)
  the person ceased to be the owner of the property and (at that time or a later time) the property stopped being proceeds of an offence or an instrument of the offence under subsection (2) (other than under subsection (2)(f)); and
3. (c)
  the person acquires the property again,

then the property becomes proceeds of an offence or an instrument of the offence again (as the case requires).

(4)
Subsection (2)(c) does not apply if, despite the distribution referred to in that paragraph, the property is still subject to the effective control of a person who—
1. (a)
  has been convicted of; or
2. (b)
  has been charged with, or who is proposed to be charged with; or
3. (c)
  has committed, or is suspected of having committed,

the offence in question.

8Meaning of quashing a conviction

For the purposes of this Act, a person's conviction of an offence is taken to be quashed if—
(a)
if the person is taken to have been convicted of the offence because of section 5(1)(a)—the conviction is quashed or set aside; or
(b)
if the person is taken to have been convicted of the offence because of section 5(1)(b)—the finding of guilt is quashed or set aside; or
(c)
if the person is taken to have been convicted of the offence because of section 5(1)(c)—either of the following events occur:
(i)
the person's conviction of the other offence referred to in that paragraph is quashed or set aside;
(ii)
the decision of the court to take the offence into account in passing sentence for that other offence is quashed or set aside; or
(d)
if the person is taken to have been convicted of the offence because of section 5(1)(d)—after the person is brought before a court in respect of the offence, the person is discharged in respect of the offence or a conviction of the person for the offence is quashed or set aside; or
(e)
if the person is taken to have been convicted of the offence because of section 5(1)(e) or 5(1)(f)—the finding that the objective elements of the serious offence have been established is set aside or reversed.

8ACertain property and benefits not subject to proceedings under Act

(1)
Despite any provision of this Act, if an unexplained wealth order has been made against a person, any property or benefits that were taken into account as wealth of the person that was not lawfully acquired for the purposes of that order may not be made the subject of proceedings under this Act for a restraining order or a confiscation order (provided that the person is the suspect for the purposes of those proceedings).
(2)
In this section—

unexplained wealth order means an unexplained wealth order under the Serious and Organised Crime (Unexplained Wealth) Act 2009 or a corresponding unexplained wealth order within the meaning of that Act.

9Act binds Crown

This Act binds the Crown in right of the State and also, so far as the legislative power of the State extends, the Crown in all its other capacities, but not so as to impose any criminal liability on the Crown.

10Application of Act

Subject to any express provision to the contrary, this Act applies to—
(a)
property within or outside the State; and
(b)
a serious offence committed at any time whether the offence occurred—
(i)
in the case of a serious offence that is a foreign offence—before or after the foreign offence was declared to be a serious offence under this Act; and
(ii)
in any case—before or after the commencement of this Act,
and whether or not a person is convicted of the offence; and
(c)
a person's conviction of a serious offence (whether the conviction occurred before or after the commencement of this Act).

11Interaction with other Acts

This Act is in addition to, and does not limit or derogate from, the provisions of any other Act.

11AApplication of Personal Property Securities Act

Section 73(2) of the Personal Property Securities Act 2009 of the Commonwealth applies to an interest in property that arises by being created, arising or being provided for under this Act.

12Corresponding laws

The Governor may, by proclamation—
(a)
declare a law of the Commonwealth, another State or a Territory to be a corresponding law for the purposes of this Act; or
(b)
vary or revoke a declaration previously made under this section.

13Delegation

(1)
The DPP or the Administrator may, by instrument in writing, delegate a power or function under this Act—
(a)
to a particular person; or
(b)
to the person for the time being occupying a particular position.
(2)
A power or function delegated under this section may, if the instrument of delegation so provides, be further delegated.
(3)
A delegation—
(a)
may be absolute or conditional; and
(b)
does not derogate from the power of the delegator to act personally in a matter; and
(c)
is revocable at will.

14Jurisdiction of Magistrates Court

(1)
Despite any provision of the Magistrates Court Act 1991, the Magistrates Court has jurisdiction to hear and determine any application that may be made to a court under this Act unless the application involves property with a value exceeding $300 000.
(2)
If the Magistrates Court makes an order under this Act requiring a person to pay to any other person, or to the Crown, a monetary amount exceeding the amount specified under the Magistrates Court Act 1991 as the monetary limit on the Court's civil jurisdiction in relation to actions to recover a debt—
(a)
the Principal Registrar of the Magistrates Court must issue a certificate containing the particulars specified in the regulations in relation to the order; and
(b)
the certificate may be registered, in accordance with the regulations, in the District Court and, on registration, is enforceable in all respects as a final judgment of the District Court.
(3)
For the avoidance of doubt, no monetary limit applies in relation to the jurisdiction conferred on a magistrate under Part 2.

Part 2Freezing orders15Interpretation

In this Part—
authorised police officer means a police officer, or a police officer of a class, authorised under section 16.

16Commissioner may authorise police officers for purposes of Part

(1)
The Commissioner of Police may authorise—
1. (a)
  a police officer; or
2. (b)
  a specified class of police officers,

for the purposes of this Part.

(2)
An authorisation under this section—
1. (a)
  must be by instrument in writing; and
2. (b)
  may be subject to conditions specified in the authorisation; and
3. (c)
  may be varied or revoked at any time by the Commissioner of Police by notice in writing.

17Authorised police officer may apply for freezing order

(1)
A magistrate may, on application by an authorised police officer, make an order (a freezing order) that a specified financial institution must not allow any person to make transfers or withdrawals from a specified account or an account of a specified class (except in the manner and circumstances, if any, specified in the order) if satisfied that—
1. (a)
  there are reasonable grounds to suspect that the person in whose name the account is held or a person who has an interest in that account—
  1. (i)
    has committed, or is about to commit, a serious offence; or
  2. (ii)
    was involved in the commission, or is about to be involved in the commission, of such an offence; or
  3. (iii)
    has derived a benefit, or is about to derive a benefit, from the commission of such an offence; and
2. (b)
  an application for a restraining order is likely to be made in respect of property in which—
  1. (i)
    the person in whose name the account is held has an interest; or
  2. (ii)
    the person who has an interest in the account has an interest; and
3. (c)
  it is otherwise appropriate to make the order.
(2)
In determining whether it is appropriate to make a freezing order, the magistrate—
1. (a)
  must have regard to any hardship that may reasonably be expected to be caused to any person by the operation of the order; and
2. (b)
  may have regard to—
  1. (i)
    the amount of money in the account to be frozen; and
  2. (ii)
    whether the account is held in the name of more than one person; and
  3. (iii)
    any other relevant matter.
(3)
Subject to section 18, the applicant for a freezing order must submit evidence in support of the application in the form of an affidavit.

18Urgent applications

(1)
An application for a freezing order may be made by telephone if, in the opinion of the applicant, the order is urgently required and there is not enough time to make the application personally.
(2)
If an application for a freezing order is made by telephone—
(a)
the applicant must inform the magistrate—
(i)
of the applicant's name and rank; and
(ii)
that he or she is an authorised police officer for the purposes of this Part,
and the magistrate, on receiving that information, is entitled to assume, without further inquiry, that the applicant is so authorised; and
(b)
the applicant must inform the magistrate of the purpose for which the order is required, the grounds on which it is sought and any other information that the magistrate is required to have regard to in considering an application for a freezing order; and
(c)
if it appears to the magistrate from the information given by the applicant that it would be appropriate to make a freezing order, the magistrate must inform the applicant of the facts that justify, in the magistrate's opinion, the making of the order, and must not proceed to make the order unless the applicant undertakes to make an affidavit verifying those facts; and
(d)
if the applicant gives such an undertaking, the magistrate may then make the order, noting on the order the facts that justify, in the magistrate's opinion, the making of the order and informing the applicant of the terms of the order; and
(e)
the applicant must, as soon as practicable after the making of the order, forward to the magistrate an affidavit verifying the facts referred to in paragraph (c); and
(f)
the magistrate must, as soon as practicable after the making of the order, forward to the applicant a copy of the order.
(3)
A magistrate who makes an order under this section must file the order, or a copy of the order, and the affidavit verifying the grounds on which the application for the order was made, in the Magistrates Court.

19Notice of freezing order to be given to financial institution

(1)
A freezing order issued in relation to an account at a financial institution takes effect on the date and at the time that notice of the order is given to the financial institution in accordance with this section.
(2)
Notice of a freezing order may be given to a financial institution—
1. (a)
  by giving the financial institution a copy of the freezing order; or
2. (b)
  if the applicant for the order was not given a copy of the order at the time the order was made—by giving the financial institution a notice in the prescribed form.
(3)
If notice of a freezing order is not given to the relevant financial institution within 72 hours after the order was made, the order will be of no force or effect.

20Effect of freezing order

(1)
For the purposes of a freezing order, it is irrelevant whether or not money is deposited into the account in relation to which the freezing order was made after the order takes effect.
(2)
A freezing order does not prevent a financial institution from making withdrawals from an account for the purpose of meeting a liability imposed on the financial institution in connection with that account by any law of the State or the Commonwealth.

21Duration of freezing order

(1)
Subject to this section, a freezing order ceases to be in force on—
(a)
the making of a restraining order in respect of the money in the account; or
(b)
the expiration of the period of 7 days commencing when the freezing order takes effect,
whichever occurs first.
(2)
An authorised police officer may apply to a magistrate for an extension of the duration of a freezing order.
(3)
On an application under subsection (2), the magistrate—
(a)
must have regard to the matters specified in section 17(2)(a) (and may have regard to any matter specified in section 17(2)(b)); and
(b)
must not extend the duration of the freezing order unless satisfied that an application for a restraining order in respect of the money in the account is to be made or has been made but not yet determined.
(4)
An extension of the duration of a freezing order issued in relation to an account at a financial institution takes effect on the date and at the time that notice of the extension is given to the financial institution in accordance with this section.
(5)
Notice of the extension may be given to a financial institution by giving the financial institution a notice in the prescribed form.
(6)
If the duration of a freezing order is extended in accordance with this section, the freezing order ceases to be in force when the application for the restraining order referred to in subsection (3)(b) has been determined (and if a restraining order is not made in respect of the money in the account, the applicant for the extension must give the financial institution a notice in the prescribed form advising the financial institution of the cessation of the freezing order).

22Failure to comply with freezing order

A financial institution that has been given notice of a freezing order must not, without reasonable excuse, fail to comply with the order.
Maximum penalty: $20 000.

23Offence to disclose existence of freezing order

(1)
A financial institution that has been given notice of a freezing order made in relation to an account must not, while the order is in force, disclose the existence or operation of the order to any person except—
1. (a)
  a police officer; or
2. (b)
  an officer or agent of the financial institution, for the purpose of ensuring that the freezing order is complied with; or
3. (c)
  a legal practitioner acting for the financial institution, for the purpose of obtaining legal advice or representation in relation to the freezing order; or
4. (d)
  a person in whose name the account is held or who has an interest in the account.

Maximum penalty: $20 000.

(2)
If the existence of a freezing order is disclosed to a person in accordance with subsection (1)(a), (b) or (c) in the course of the person performing duties as a police officer, an officer or agent of a financial institution or a legal practitioner, the person must not, while the order is in force, disclose to any other person the existence or operation of the order except—
1. (a)
  for the purpose of performing duties as a police officer, an officer or agent of the financial institution or a legal practitioner (as the case may be); or
2. (b)
  for the purposes of, or in connection with, legal proceedings; or
3. (c)
  as otherwise required or authorised by this Act.

Maximum penalty: $5 000 or imprisonment for 1 year.

(3)
A reference in this section to disclosing the existence or operation of a freezing order to a person includes a reference to disclosing information to the person from which the person could reasonably be expected to infer the existence or operation of the freezing order.

Part 3Restraining ordersDivision 1Restraining orders24Restraining orders

(1)
A court must, on application by the DPP, make an order (a restraining order) that specified property must not be disposed of or otherwise dealt with by any person (except in the manner and circumstances, if any, specified in the order) if satisfied that—
(a)
a person has been convicted of, or has been charged with, a serious offence, or it is proposed that the person be charged with a serious offence; or
(b)
a person is suspected on reasonable grounds of having committed a serious offence; or
(c)
there are reasonable grounds to suspect that the property is the proceeds of, or is an instrument of, a serious offence (whether or not the identity of the person who committed the offence is known); or
(d)
there are reasonable grounds to suspect that a person has committed a serious offence and has derived literary proceeds in relation to the offence.
(2)
An application for an order under this section must specify the property to which the application relates.
(3)
The DPP may submit evidence in support of the application in the form of an affidavit.
(4)
Subject to subsections (5) and (5a) and Division 3, the court must specify in the restraining order all property specified in the application for the order.
(5)
The court may only specify property in a restraining order made under subsection (1)(a),(b) or (d) if satisfied that there are reasonable grounds to suspect that the property is—
(a)
in the case of a restraining order made under subsection (1)(a) or (b)—
(i)
property of the suspect; or
(ii)
property of another person (whether or not that other person's identity is known) that—
(A)
is subject to the effective control of the suspect; or
(B)
is proceeds of, or is an instrument of, the serious offence; or
(b)
in the case of a restraining order made under subsection (1)(d)—
(i)
property of the suspect; or
(ii)
property of another person (whether or not that other person's identity is known) that is subject to the effective control of the suspect.
(5a)
The court may not specify property in a restraining order that is protected property of a person unless subsection (1)(c) applies to the property.
(6)
The court must make a restraining order even if there is no risk of the property being disposed of or otherwise dealt with.
(7)
The court may specify that a restraining order covers property that is acquired by the suspect after the court makes the order.
(8)
A restraining order may be made subject to conditions.

25Notice of application

(1)
Subject to subsection (4), the DPP must—
(a)
give written notice of an application for a restraining order covering property to—
(i)
the owner of the property (if the owner is known); and
(ii)
any other person the DPP reasonably believes may have an interest in the property; and

(b)
include with the notice a copy of the application and—
(i)
in the case of the owner—any affidavit supporting the application; or
(ii)
in any other case—a notice that the person may request the DPP give the person a copy of any affidavit supporting the application.
(2)
The DPP must comply with a request referred to in subsection (1)(b)(ii) as soon as practicable.
(3)
Subject to subsection (4), a court must not hear an application unless it is satisfied that the owner of the property to which the application relates has received reasonable notice of the application.
(4)
A court may, if the DPP requests, consider the application without notice having been given under subsection (1).
(5)
A court may, at any time before finally determining the application—
(a)
direct the DPP to give or publish notice of the application to a specified person or class of persons; and
(b)
specify the time and manner in which the notice is to be given or published.
(6)
A person who claims an interest in property may appear and adduce evidence at the hearing of the application.
(7)
A witness who is giving evidence relating to an application for a restraining order is not required to answer a question or produce a document if the court is satisfied that the answer or document may prejudice the investigation of, or the prosecution of a person for, an offence.

26Refusal to make an order for failure to give undertaking

(1)
A court may refuse to make a restraining order if the Crown refuses or fails to give the court an appropriate undertaking with respect to the payment of damages or costs, or both, for the making and operation of the order.
(2)
The DPP may give such an undertaking on behalf of the Crown.

27Order allowing expenses to be paid out of restrained property

(1)
A court that has made a restraining order may (when the restraining order is made or at a later time) order that one or more of the following may be met out of property, or a specified part of property, covered by the restraining order:
1. (a)
  the reasonable living expenses of the person whose property is restrained;
2. (b)
  the reasonable living expenses of any of the dependants of that person;
3. (c)
  the reasonable business expenses of that person;
4. (d)
  a specified debt incurred in good faith by that person.
(2)
The court may only make an order under subsection (1) if—
1. (a)
  the person whose property is restrained has applied for the order; and
2. (b)
  the person has notified the DPP, in writing, of the application and the grounds for the application; and
3. (c)
  the person has disclosed all of his or her interests in property, and his or her liabilities, in a statement on oath that has been filed in the court; and
4. (d)
  the court is satisfied that the expense or debt does not, or will not, relate to legal costs that the person has incurred, or will incur, in connection with—
  1. (i)
    proceedings under this Act; or
  2. (ii)
    proceedings for an offence against a law of the Commonwealth, a State or a Territory; and
5. (e)
  the court is satisfied that the person cannot meet the expense or debt out of property that is not covered by—
  1. (i)
    a restraining order; or
  2. (ii)
    a recognised Australian restraining order; or
  3. (iii)
    a foreign restraining order that is registered under the Mutual Assistance Act.
(3)
Property that is covered by—
1. (a)
  a restraining order; or
2. (b)
  a recognised Australian restraining order; or
3. (c)
  a foreign restraining order that is registered under the Mutual Assistance Act,

is taken, for the purposes of subsection (2)(e), not to be covered by the order if it would not be reasonably practicable for the Administrator to take custody and control of the property.

28Excluding property from or revoking restraining orders in certain cases when expenses are not allowed

(1)
If—
1. (a)
  because of the operation of section 27(3), property that is covered by a restraining order is taken for the purposes of section 27(2)(e) not to be covered by the order; and
2. (b)
  as a result, and for no other reason, the court refuses an application to make an order under section 27(1),

the court may—
(c)
exclude the property from the restraining order; or
(d)
if the property is the only property covered by the restraining order—revoke the restraining order.

(2)
The court must not exclude the property or revoke the order unless satisfied that the property is needed to meet one or more of the following:
1. (a)
  the reasonable living expenses of the person whose property is restrained;
2. (b)
  the reasonable living expenses of any of the dependants of that person;
3. (c)
  the reasonable business expenses of that person;
4. (d)
  a specified debt incurred in good faith by that person.
(3)
If the court excludes the property from, or revokes, the restraining order, the DPP must give written notice of the exclusion or revocation to—
1. (a)
  the owner of the property (if the owner is known); and
2. (b)
  any other person the DPP reasonably believes may have an interest in the property,

however, the DPP need not give notice to the applicant for the order under section 27(1).

Division 2Giving effect to restraining orders29Notice of a restraining order

(1)
If a court makes a restraining order covering property, the DPP must give written notice of the order to the owner of the property.
(2)
The DPP must, if the documents have not already been given to the owner, include with the notice—
(a)
a copy of the application; and
(b)
a copy of any affidavit supporting the application.
(3)
However, the court may, at the request of the DPP, order—
(a)
that all or part of the application or affidavit is not to be given to the owner; or
(b)
that the DPP delay giving the notice (and any documents required to be included with the notice) for a specified period,
if the court considers it appropriate in order to protect the integrity of any investigation or prosecution.
(4)
If the court orders the DPP to delay giving the notice (and the documents required to be included with the notice) for a specified period, the DPP must give the notice or documents as soon as practicable after the end of the period.

30Registering restraining orders

(1)
A registration authority that keeps a register of property of a particular kind must, on the application of the DPP, record in the register particulars of a restraining order covering property of that kind.
(2)
If particulars of a restraining order covering property are recorded in a register in accordance with this section, each person who subsequently deals with the property is, in the absence of evidence to the contrary—
(a)
taken not to be acting in good faith for the purposes of section 32; and
(b)
taken to have notice of the restraining order for the purposes of section 33.

31Notifying registration authorities of exclusions from or variations to restraining orders

(1)
If the DPP has made an application to a registration authority under section 30 in relation to particular property, the DPP must notify the registration authority if—
1. (a)
  the property is no longer covered by the order because—
  1. (i)
    it is excluded from the order under section 34; or
  2. (ii)
    the property covered by the order is varied under section 40; or
2. (b)
  a condition to which a restraining order is subject is varied under section 40.
(2)
A registration authority must, on being notified under subsection (1), vary the record of the restraining order made under section 30 accordingly.

32Court may set aside a disposition contravening a restraining order

(1)
The DPP may apply to the court to set aside a disposition or dealing with property that contravenes a restraining order if that disposition or dealing was—
1. (a)
  not for sufficient consideration; or
2. (b)
  not in favour of a person who acted in good faith.
(2)
The DPP must give, to each party to the disposition or dealing, written notice of both the application and the grounds on which it seeks the setting aside of the disposition or dealing.
(3)
On an application under this section the court may—
1. (a)
  set aside the disposition or dealing from the day it occurred; or
2. (b)
  set aside the disposition or dealing from the day on which the order is made and declare the rights of any persons who acquired interests in the property on or after the day of the disposition or dealing and before the day on which the order is made.

33Contravening restraining orders

(1)
A person is guilty of an offence if—
(a)
the person disposes of, or otherwise deals with, property covered by a restraining order; and
(b)
the person knows or is reckless as to the fact that—
(i)
the property is covered by a restraining order; and
(ii)
the disposition or dealing contravenes the order.
Maximum penalty: $20 000 or imprisonment for 4 years.
(2)
A person is guilty of an offence if—
(a)
the person disposes of, or otherwise deals with, property covered by a restraining order; and
(b)
the disposition or dealing contravenes the order (whether or not the person knows or is reckless as to that fact); and
(c)
either—
(i)
the person was given notice of the order under section 29; or
(ii)
particulars of the order were recorded in a register under section 30.
Maximum penalty: $10 000 or imprisonment for 2 years.

Division 3Excluding property from restraining orders

34Court may exclude property from restraining order

(1)
The court to which an application for a restraining order under section 24(1)(a) or (b) was made may, when the order is made or at a later time, exclude specified property from the order if—
1. (a)
  an application is made under section 35 or 36; and
2. (b)
  the court is satisfied that—
  1. (i)
    the property is neither proceeds nor an instrument of unlawful activity; and
  2. (ia)
    —
    1. (A)
      if the suspect has been convicted of the serious offence to which the restraining order relates—
      - •
        the suspect has not become a prescribed drug offender as a result of the conviction; or
      - •
        the suspect has become a prescribed drug offender as a result of the conviction, but the property was not owned by or subject to the effective control of the suspect on the conviction day for that offence or is property that should not be subject to the restraining order in accordance with section 24(5a); or
    2. (B)
      if the suspect has not been convicted of the serious offence to which the restraining order relates—
      - •
        the suspect would not become a prescribed drug offender if convicted of the offence; or
      - •
        the suspect would become a prescribed drug offender if convicted of the offence, but the property is not owned by or subject to the effective control of the suspect or is property that should not be subject to the restraining order in accordance with section 24(5a); and
  3. (ii)
    the owner's interest in the property was lawfully acquired; and
  4. (iii)
    it would not be contrary to the public interest for the property to be excluded from the order.
(2)
However—
1. (a)
  the court must not exclude property from a restraining order unless satisfied that neither a pecuniary penalty order nor a literary proceeds order could be made against—
  1. (i)
    the person who owns the property; or
  2. (ii)
    if the property is not owned by the suspect but is subject to his or her effective control—the suspect; and
2. (b)
  the court must not exclude property from a restraining order unless satisfied that the property could not be subject to an instrument substitution declaration if the suspect were convicted of the offence.
(3)
Despite any other provision of this section, if a court has, in determining sentence in respect of a person's conviction of a serious offence, taken into account any forfeiture of property under this Act that might result from conviction for the offence, the property cannot be excluded from a restraining order relating to the offence on application made by the convicted person.

35Application to exclude property from a restraining order after notice of the application for the order

(1)
A person whose property would be covered by a restraining order may apply to the court to exclude specified property from the restraining order within 14 days after being notified of the application for the order.
(2)
The person must give written notice to the DPP of both the application and the grounds on which the exclusion is sought.
(3)
The DPP—
1. (a)
  may appear and adduce evidence at the hearing of the application; and
2. (b)
  must give the person notice of any grounds on which the DPP proposes to contest the application.

36Application to exclude property from a restraining order after notice of the order

(1)
A person may apply to the court to exclude specified property from a restraining order at any time after being notified of the order.
(2)
However, unless the court gives permission, the person cannot apply if the person—
1. (a)
  appeared at the hearing of the application for the restraining order; or
2. (b)
  was notified of the application for the restraining order, but did not appear at the hearing of the application.
(3)
The court may give the person permission to apply if the court is satisfied that—
1. (a)
  if subsection (2)(a) applies—the person now has evidence relevant to the person's application that was not available to the person at the time of the hearing; or
2. (b)
  if subsection (2)(b) applies—the person had a good reason for not appearing; or
3. (c)
  in any case—there are special grounds for giving the permission.
(4)
The person must give written notice to the DPP of the application and the grounds on which the exclusion is sought.
(5)
The DPP—
1. (a)
  may appear and adduce evidence at the hearing of the application; and
2. (b)
  must give the person notice of any grounds on which the DPP proposes to contest the application.

37Application not to be heard unless DPP has had reasonable opportunity to conduct an examination

The court must not hear an application to exclude specified property from the restraining order if—
(a)
the restraining order is in force; and
(b)
the DPP has not been given a reasonable opportunity to conduct examinations under this Act.

38Giving security etc to exclude property from a restraining order

A court may exclude specified property from a restraining order that covers property if—
(a)
in the case of a restraining order that covers the property of the suspect—
(i)
the suspect applies to the court to exclude the property; and
(ii)
the suspect gives written notice of the application to the DPP; and
(iii)
the suspect gives security that is satisfactory to the court to meet any liability that may be imposed on the suspect under this Act; or
(b)
in the case of a restraining order that covers the property of a person who is not the suspect—
(i)
the person applies to the court to exclude the property; and
(ii)
the person gives written notice of the application to the DPP; and
(iii)
the person gives an undertaking concerning the person's property that is satisfactory to the court.

Division 4Further orders

39Court may order Administrator to take custody and control of property

The court that made a restraining order, or any other court that could have made the restraining order, may order the Administrator to take custody and control of property covered by a restraining order if the court is satisfied that this is required.

40Ancillary orders

(1)
The court that made a restraining order, or any other court that could have made the restraining order, may make any ancillary orders that the court considers appropriate including (without limiting the generality of this subsection) any of the following orders—
(a)
an order varying the property covered by the restraining order;
(b)
an order varying a condition to which the restraining order is subject;
(c)
an order relating to an undertaking required under section 26;
(d)
an order directing the owner of the property (including, if the owner is a body corporate, a specified director of the body corporate) to give a sworn statement to a specified person, within a specified period, setting out particulars of, or dealings with, the property;
(e)
if the Administrator is ordered under section 39 to take custody and control of property, an order—
(i)
regulating the manner in which the Administrator may exercise its powers or perform its duties under the restraining order; or
(ii)
determining any question relating to the property, including a question relating to the liabilities of the owner or the exercise of powers or the performance of duties of the Administrator; or
(iii)
directing any person to do anything necessary or convenient to enable the Administrator to take custody and control of the property;
(f)
an order giving directions about the operation of the restraining order and—
(i)
a forfeiture order that covers the same property as the restraining order; or
(ii)
a pecuniary penalty order or a literary proceeds order that relates to the same serious offence as the restraining order;
(g)
an order requiring a person whose property is covered by a restraining order to do anything necessary or convenient to bring the property within the State.
(2)
The court may only make an ancillary order on the application of—
(a)
the DPP; or
(b)
the owner of the property covered by the order; or
(c)
if the Administrator was ordered to take custody and control of the property—the Administrator; or
(d)
any other person who has the permission of the court.
(3)
A person who applies for an ancillary order must give written notice of the application to all other persons entitled to make such an application.
(4)
A court may, if the DPP requests, consider the application without notice having been given under subsection (3).
(5)
An ancillary order may be made—
(a)
if made by the court that made the restraining order—when making the restraining order; or
(b)
in any case—at any time after the restraining order is made.
(6)
An order that is ancillary to a restraining order does not cease to have effect merely because the restraining order, or part of it, ceases to be in force under section 46(4) or (5).

41Contravening ancillary orders relating to foreign property

A person who knowingly or recklessly contravenes an order made under section 40(1)(g) is guilty of an offence.
Maximum penalty: $20 000 or imprisonment for 4 years.

Division 5Duration of restraining orders42When a restraining order comes into force

A restraining order is in force from the time it is made.

43Application to revoke a restraining order

(1)
A person who was not notified of the application for a restraining order may apply to the court that made the order to revoke the order—
(a)
within 28 days after the person is notified that the order was made; or
(b)
within such longer period (not exceeding 3 months after the person is notified that the order was made) as the court allows.
(2)
The applicant must give written notice to the DPP and, if a person other than the DPP is appointed to act as the Administrator under this Act, the Administrator of the application and the grounds on which the revocation is sought.
(3)
The court may revoke the restraining order if satisfied there are no grounds on which to make the restraining order at the time of considering an application under subsection (1).
(4)
However, the restraining order remains in force until the court revokes the order.
(5)
The DPP may adduce additional material to the court relating to the application to revoke the restraining order.

44Giving security etc to revoke a restraining order

A court may revoke a restraining order that covers property if—
(a)
in the case of a restraining order that covers the property of the suspect—
(i)
the suspect applies to the court to revoke the order; and
(ii)
the suspect gives written notice of the application to the DPP; and
(iii)
the suspect gives security that is satisfactory to the court to meet any liability that may be imposed on the suspect under this Act; or
(b)
in the case of a restraining order that covers the property of a person who is not the suspect—
(i)
the person applies to the court to revoke the order; and
(ii)
the person gives written notice of the application to the DPP; and
(iii)
the person gives an undertaking concerning the person's property that is satisfactory to the court.

45Notice of revocation of a restraining order

If a restraining order is revoked under section 43 or 44, the DPP must give written notice of the revocation to—
(a)
the owner of any property covered by the restraining order (if the owner is known); and
(b)
any other person the DPP reasonably believes may have an interest in the property,

however, the DPP need not give notice to the applicant for the order.

46Cessation of restraining orders

(1)
A restraining order that relates to one or more serious offences ceases to be in force 28 days after—
(a)
all charges that relate to the restraining order are withdrawn; or
(b)
the suspect is acquitted of all serious offences with which the suspect was charged; or
(c)
the convictions for the serious offences of which the suspect was convicted are quashed,
unless—
(d)
there is a confiscation order that relates to the serious offences; or
(e)
there is an application for a confiscation order that relates to the serious offences before the court; or
(f)
there is an application under—
(i)
section 64; or
(ii)
section 83; or
(iii)
section 125,
for confirmation of a forfeiture, or a confiscation order, that relates to the serious offences; or
(g)
the suspect is charged with a related offence.
(2)
A restraining order relating to property ceases to be in force if, not more than 28 days after the order was made—
(a)
the suspect has not been convicted of, or charged with, the serious offence, or at least one serious offence, to which the restraining order relates; and
(b)
there is no confiscation order or application for a confiscation order that relates to the property.
(3)
A restraining order ceases to be in force in respect of property covered by the restraining order if—
(a)
one of the following occurs:
(i)
the court refuses an application for a forfeiture order that would have covered the property and—
(A)
the time for an appeal against the refusal has expired without an appeal being lodged; or
(B)
an appeal against the refusal has lapsed; or
(C)
an appeal against the refusal has been dismissed and finally disposed of;
(ii)
the court excludes the property from a forfeiture order;
(iii)
a forfeiture order that covers the property is discharged or ceases to have effect;
(iv)
the court excludes the property under section 76 from forfeiture under Part 4 Division 2; and
(b)
no application is yet to be determined for—
(i)
another confiscation order relating to a serious offence to which the restraining order relates; or
(ii)
another confiscation order relating to a related offence; and
(c)
no other confiscation order relating to an offence referred to in paragraph (b) is in force.
(4)
A restraining order ceases to be in force to the extent that property that it covers vests absolutely in the Crown under this or any other Act.
(5)
A restraining order that relates to one or more serious offences ceases to be in force in respect of property covered by the restraining order if—
(a)
a pecuniary penalty order or a literary proceeds order relates to the offence or offences; and
(b)
one or more of the following occurs:
(i)
the pecuniary penalty order or the literary proceeds order is satisfied;
(ii)
the property is sold or disposed of to satisfy the pecuniary penalty order or literary proceeds order;
(iii)
the pecuniary penalty order or the literary proceeds order is discharged or ceases to have effect.
(6)
Despite subsection (1), if—
(a)
a restraining order covers property of a person who is not a suspect; and
(b)
the property is an instrument of, but is not proceeds of, a serious offence to which the order relates; and
(c)
the property is not subject to the effective control of another person who is a suspect in relation to the order,
the restraining order ceases to be in force in respect of that property if the suspect has not been charged with the serious offence or a related offence within 28 days after the restraining order is made.

Part 4ForfeitureDivision 1Forfeiture ordersSubdivision 1Forfeiture orders47Forfeiture orders

(1)
A court must, on application by the DPP, make an order (a forfeiture order) that property specified in the order is forfeited to the Crown if—
(a)
a person has been convicted of one or more serious offences and the court is satisfied that the property to be specified in the order is proceeds of one or more of those offences; or
(b)
the property to be specified in the order is covered by a restraining order made under section 24(1)(b) that has been in force for at least 6 months and the court is satisfied that the property is proceeds of one or more serious offences committed by the person whose conduct (or suspected conduct) formed the basis of the restraining order; or
(c)
the property to be specified in the order is covered by a restraining order made under section 24(1)(c) that has been in force for at least 6 months and the court is satisfied that—
(i)
the application for the order alleges that the property is proceeds of one or more serious offences; and
(ii)
no application has been made under Part 3 Division 3 for the property to be excluded from the restraining order, or that any such application has been withdrawn; and
(iii)
the DPP has taken reasonable steps to identify and notify persons with an interest in the property.
(2)
For the purposes of making an order under subsection (1)(b) or (c)—
(a)
a finding of the court under either of those paragraphs need not be based on a finding as to the commission of a particular serious offence; and
(b)
the fact that a person has been acquitted of a serious offence with which the person has been charged, or the raising of a doubt as to whether a person engaged in conduct constituting a serious offence, does not affect the court's power to make the order under either of those paragraphs in relation to the offence; and
(c)
in relation to an order under subsection (1)(c)—a finding of the court under that paragraph need not be based on a finding that a particular person committed any offence.
(3)
A court may, on application by the DPP, make an order (a forfeiture order) that property specified in the order is forfeited to the Crown, if—
(a)
a person has been convicted of one or more serious offences the court is satisfied that the property is an instrument of one or more of the offences or is subject to an instrument substitution declaration under section 48; or
(b)
the property to be specified in the order is covered by a restraining order made under section 24(1)(b) that has been in force for at least 6 months and the court is satisfied that the property is an instrument of one or more serious offences committed by the person whose conduct (or suspected conduct) formed the basis of the restraining order; or
(c)
the property to be specified in the order is covered by a restraining order made under section 24(1)(c) that has been in force for at least 6 months and the court is satisfied that—
(i)
the application for the order alleges that the property is an instrument of one or more serious offences; and
(ii)
no application has been made under Part 3 Division 3 for the property to be excluded from the restraining order, or that any such application has been withdrawn; and
(iii)
the DPP has taken reasonable steps to identify and notify persons with an interest in the property.
(4)
In considering whether it is appropriate to make a forfeiture order under subsection (3) in respect of particular property, the court may have regard to—
(a)
any hardship that may reasonably be expected to be caused to any person (other than the suspect) by the operation of the order; and
(b)
the use that is ordinarily made, or was intended to be made, of the property; and
(c)
the gravity of the offence or offences concerned; and
(d)
any other matter the court thinks fit.
(5)
If evidence is given, at the hearing of an application for a forfeiture order under subsection (3) that relates to a person's conviction for a serious offence, that property was in the possession of a person at the time at which, or immediately after, the person committed a serious offence to which the application relates—
(a)
if no evidence is given that tends to show that the property was not used in, or in connection with, the commission of the offence—the court must presume that the property was used in, or in connection with, the commission of the offence; or
(b)
in any other case—the court must not make a forfeiture order against the property unless it is satisfied that the property was used or intended to be used in, or in connection with, the commission of the offence.
(6)
An application for a forfeiture order under this section that relates to a person's conviction for a serious offence must be made before the end of the period of 6 months after the conviction day.
(7)
A court must not, if a person is taken under section 5(1)(d) to have been convicted of a serious offence, make a forfeiture order relating to the person's conviction unless—
(a)
the court is satisfied, on the balance of probabilities, that the person has absconded; and
(b)
either—
(i)
the person has been committed for trial for the offence; or
(ii)
the court is satisfied, having regard to all the evidence before the court, that a reasonable jury, properly instructed, or the Magistrates Court (as the case requires) could lawfully find the person guilty of the offence.

48Instrument substitution declarations

A court determining an application for a forfeiture order under section 47(3) relating to a person's conviction of a serious offence may, on the application of the DPP, declare property to be subject to an instrument substitution declaration if satisfied that—
(a)
the convicted person had, at the time of the offence, an interest in the property; and
(b)
the property is of the same nature or description as property that was an instrument of the offence (whether or not the property is of the same value); and
(c)
the property that was an instrument of the offence is not available for forfeiture or is not able to be made the subject of an order for forfeiture.

49Additional application for a forfeiture order

(1)
The DPP cannot, unless the court gives permission, apply for a forfeiture order under section 47 in relation to a serious offence if—
(a)
an application has previously been made under that section for the forfeiture of the property in relation to the offence; and
(b)
the application has been finally determined on the merits.
(2)
The court must not give permission unless it is satisfied that—
(a)
the property to which the new application relates was identified only after the first application was determined; or
(b)
necessary evidence became available only after the first application was determined; or
(c)
it is in the interests of justice to grant the permission.
(3)
To avoid doubt, the DPP may apply for a forfeiture order against property in relation to a serious offence even though an application has previously been made for a pecuniary penalty order or a literary proceeds order in relation to the offence.

50Notice of application

(1)
The DPP must give written notice of an application for a forfeiture order—
(a)
if the order is sought relating to a person's conviction of a serious offence—to the person; and
(b)
to any other person—
(i)
who claims an interest in; or
(ii)
who the DPP reasonably believes may have an interest in,
the property covered by the application.
(2)
However, a court to which an application for a forfeiture order is made may, on the application of the DPP, dispense with the requirement to give notice to a person under subsection (1) if the court is satisfied that the person has absconded in connection with an offence.
(3)
The court may, at any time before finally determining an application for a forfeiture order—
(a)
direct the DPP to give or publish notice of the application to a specified person or class of persons; and
(b)
specify the time and manner in which the notice is to be given or published.

51Procedure on application

(1)
A person who claims an interest in property covered by an application for a forfeiture order may appear and adduce evidence at the hearing of the application.
(2)
If the application relates to a person's conviction of a serious offence, a court may, in determining the application, have regard to—
(a)
the transcript of any proceedings against the person for—
(i)
that offence; or
(ii)
if the person is taken to be convicted of the offence because of section 5(1)(c)—the other offence referred to in that paragraph; and
(b)
any evidence given in the proceedings.
(3)
The court may make a forfeiture order if a person entitled to be given notice of the relevant application fails to appear at the hearing of the application.

52Amending an application

(1)
The court hearing an application for a forfeiture order may, on the application or with the consent of the DPP, amend the application.
(2)
However, the court must not amend the application to include additional property in the application unless—
(a)
the court is satisfied that—
(i)
the property was not reasonably capable of identification when the application was originally made; or
(ii)
necessary evidence became available only after the application was originally made; or
(b)
the forfeiture order applied for is an order to which section 47(1)(b) or (c) or (3)(b) or (c) applies and the court is satisfied that—
(i)
including the additional property in the application for the order might have prejudiced the investigation of, or the prosecution of a person for, an offence; or
(ii)
it is for any other reason appropriate to grant the application to amend.
(3)
The DPP must, on applying for an amendment to include additional property in the application, give written notice of the application to amend to any person whom the DPP reasonably believes may have an interest in the additional property.
(4)
However, the court may, on the application of the DPP, dispense with the requirement to give notice to a person under subsection (3) if the court is satisfied that the person has absconded in connection with an offence.
(5)
If the forfeiture order applied for is an order to which section 47(1)(a) or (3)(a) applies, any person who claims an interest in that additional property may appear and adduce evidence at the hearing of the application to amend.

53Forfeiture orders can extend to other interests in property

(1)
A court may, in specifying an interest in property in a forfeiture order, specify any other interests in the property (regardless of whose they are) if—
1. (a)
  the amount received from disposing of the combined interests would be likely to be greater than the amount received from disposing of each of the interests separately; or
2. (b)
  disposing of the interests separately would be impracticable or significantly more difficult than disposing of the combined interests.
(2)
If a court specifies other interests under subsection (1), the court may make such ancillary orders as it thinks fit for the protection of a person having one or more of those other interests.
(3)
Without limiting the generality of subsection (2), an ancillary order may include—
1. (a)
  an order directing the Crown to pay the person a specified amount as the value of the person's interest in the property; or
2. (b)
  an order directing that specified other interests in the property be transferred to the person.
(4)
In deciding whether to make an ancillary order, the court must have regard to—
1. (a)
  the nature, extent and value of the person's interest in the property concerned; and
2. (b)
  if the court is aware that any other person claims an interest in the property—the nature, extent and value of the interest; and
3. (c)
  any other matter that the court considers relevant.

54Forfeiture orders must specify the value of forfeited property

A court must specify the amount it considers to be the value, at the time the order is made, of the property (other than money) specified in the forfeiture order.

55Declaration by court in relation to buying back interests in forfeited property

A court that makes a forfeiture order may, if satisfied that—
(a)
it would not be contrary to the public interest for a person's interest in the property to be transferred to the person; and
(b)
there is no other reason why the person's interest should not be transferred to the person,
by order—
(c)
declare the nature, extent and value (at the time when the order is made) of the person's interest; and
(d)
declare that the interest may be excluded under section 72 from the operation of the forfeiture order.

56Court may make supporting directions

(1)
A court that makes a forfeiture order may give any directions that are necessary or convenient for giving effect to the order.
(2)
Without limiting the generality of subsection (1), a direction may, for a forfeiture order specifying registrable property, include a direction to an officer of the court to do anything necessary and reasonable to obtain possession of any document necessary for the transfer of the property.

Subdivision 1ADeemed forfeiture orders56APrescribed drug offenders

(1)
Immediately on a person becoming a prescribed drug offender, a forfeiture order (a deemed forfeiture order) will be taken to have been made under Subdivision 1 by the convicting court.
(2)
A deemed forfeiture order applies to all property owned by, or subject to the effective control of, the prescribed drug offender on the conviction day for the conviction offence (including property that is subject to a restraining order) other than the following:
(a)
protected property of the prescribed drug offender;
(b)
property that has been excluded from a restraining order under Part 3 Division 3;
(c)
property that is otherwise forfeited to the Crown under this Act.
(3)
Except as provided in subsection (4), section 59A, section 59B and section 209A, this Act applies to a deemed forfeiture order in all respects as if it were a forfeiture order made under section 47(3)(a) in relation to conviction for the conviction offence, subject to such modifications as may be prescribed, or as may be necessary for the purpose.
(4)
Any power that may be exercised by a court that is hearing or that is to hear an application for a forfeiture order may be exercised, in relation to a deemed forfeiture order, by the convicting court at any time within the period of 6 months (or such longer period as may be allowed by the convicting court) after the conviction day for the conviction offence.
(5)
In this section—
convicting court, in relation to a prescribed drug offender, means the court that convicted the prescribed drug offender of the conviction offence.

56BCourt may declare that property has been forfeited under this Subdivision

A court may declare that particular property has been forfeited under this Subdivision if—
(a)
the DPP applies to the court for the declaration; and
(b)
the court is satisfied that the property is forfeited under this Subdivision.

Subdivision 2Reducing the effect of forfeiture orders57Relieving certain dependants from hardship

(1)
A court making a forfeiture order specifying a person's property must make an order directing the Crown to pay a specified amount to a specified dependant, or dependants, of the person if—
(a)
the forfeiture order is not one to which section 47(1)(a) applies; and
(b)
the court is satisfied—
(i)
the forfeiture order would cause hardship to the dependant; and
(ii)
the specified amount would relieve that hardship; and
(iii)
if the dependant is aged at least 18 years—the dependant had no knowledge (at the time of the conduct) of the person's conduct that is the subject of the forfeiture order.
(2)
The specified amount must not exceed the difference between—
(a)
the amount the court considers likely to be received from disposing of the person's property under the forfeiture order; and
(b)
the amount the court considers likely to be the costs of administering this Act (referred to in section 209(1)) in connection with the forfeiture order.

58Making exclusion orders before forfeiture order made

(1)
A court that is hearing, or is to hear, an application for a forfeiture order, must make an order excluding property from forfeiture (an exclusion order) if—
1. (a)
  a person applies for the exclusion order in accordance with section 60; and
2. (b)
  the application for a forfeiture order specifies the applicant's property; and
3. (c)
  if the forfeiture order would be one to which section 47(1)(a) or (3)(a) applies, the court is satisfied that—
  1. (i)
    the applicant was not involved in the commission of a serious offence to which the application for a forfeiture order relates; and
  2. (ii)
    the property to be specified in the exclusion order is neither proceeds nor an instrument of the offence; and

(6)
Nothing in subsection (5) authorises the application of monies from the Fund—
(a)
to a law enforcement authority of the State for criminal investigation or other law enforcement purposes (whether civil or criminal); or
(b)
for a purpose that the Attorney‑General has determined could be the subject of a payment from the Victims of Crime Fund under section 31 of the Victims of Crime Act 2001.
(7)
The Attorney‑General may invest any of the money belonging to the Fund that is not immediately required for the purposes of the Fund in such manner as the Attorney-General thinks fit.

Division 3ANational cooperative scheme on unexplained wealth209BInterpretation

(1)
In this Division, unless the contrary intention appears—
CJC subcommittee—see section 209G;
Cooperating Jurisdiction Committee means the Cooperating Jurisdiction Committee established under the NCSUW agreement;
cooperating State has the same meaning as in section 14F of the Proceeds of Crime Act 2002 of the Commonwealth (as in force from time to time);
corresponding proceeds has the same meaning as in the NCSUW agreement;
decision-making period means—
(a)
the period specified in the NCSUW agreement as being the decision‑making period for the purposes of the national cooperative scheme; or
(b)
if paragraph (a) does not apply—the period prescribed by the regulations as being the decision‑making period for the purposes of the national cooperative scheme;
foreign jurisdiction means a jurisdiction outside Australia;
forfeiture proceeds means proceeds arising from a confiscation, forfeiture or payment under a relevant law that are paid or payable to this State;
national cooperative scheme means the National Cooperative Scheme on Unexplained Wealth established by the NCSUW agreement;
NCS threshold has the same meaning as in the NCSUW agreement;
NCSUW agreement means the Intergovernmental Agreement on the National Cooperative Scheme on Unexplained Wealth (as in force from time to time);
net amount—see section 209F(2);
non-participating State has the same meaning as in section 338 of the Proceeds of Crime Act 2002 of the Commonwealth (as in force from time to time);
participating State has the same meaning as in section 14C of the Proceeds of Crime Act 2002 of the Commonwealth (as in force from time to time);
relevant law—each of the following laws is a relevant law:
(a)
section 47 (forfeiture orders);
(b)
section 56A (deemed forfeiture orders);
(c)
section 72(1);
(d)
section 73(f);
(e)
section 74;
(f)
section 81(1)(c);
(g)
section 82(f);
(h)
section 95 (pecuniary penalty orders);
(i)
section 111 (literary proceeds orders);
(j)
section 206;
(k)
section 9 of the Serious and Organised Crime (Unexplained Wealth) Act 2009 (unexplained wealth orders);
(l)
a prescribed law;
shareable—forfeiture proceeds are shareable if—
(a)
the proceeds are corresponding proceeds of this State; and
(b)
the amount of the proceeds exceeds the NCS threshold (whether or not the full amount is realised).
(2)
The NCSUW agreement and the regulations may specify that the decision-making period starts or ends at a time before an amount is paid to the Victims of Crime Fund.
(3)
Decisions may be made under this Division in relation to an amount before the amount is paid to the Victims of Crime Fund or becomes the net amount.

209CApplication of Division – National Cooperative Scheme

This Division—
(a)
applies in respect of forfeiture proceeds of the State that are shareable under the national cooperative scheme; and
(b)
sets out the process for sharing with the Commonwealth or another State or Territory any forfeiture proceeds of the State that are shareable.

209DNotification of shareable proceeds

(1)
The Minister must notify the Cooperating Jurisdiction Committee by notice in writing within 60 days of a final order, negotiated settlement or other forfeiture under a relevant law relating to forfeiture proceeds that are shareable under the national cooperative scheme.
(2)
A notification under subsection (1) must include sufficient information to enable a member jurisdiction of the Cooperating Jurisdiction Committee to determine if it has made a contribution for the purposes of the national cooperative scheme (within the meaning of the NCSUW agreement) in relation to the forfeiture proceeds the subject of the notification.

209EContribution by foreign jurisdiction

If the Minister decides that—
(a)
a foreign jurisdiction has made a contribution in relation to the recovery of shareable forfeiture proceeds; and
(b)
it is appropriate that a specified amount of the proceeds be payable to the foreign jurisdiction,
then the specified amount is payable to the foreign jurisdiction.

209FNet amount

(1)
Forfeiture proceeds that are shareable with the Commonwealth or another State or Territory under the national cooperative scheme are to be reduced by any amount that is payable under—
(a)
an order of a court under this Act; and
(b)
section 209E.
(2)
The amount left after any reduction is made under subsection (1) is the net amount.

209GCJC subcommittee

(1)
The Cooperating Jurisdiction Committee must establish a subcommittee (the CJC subcommittee) for the purposes of deciding matters under this Division in relation to the net amount.
(2)
The CJC subcommittee must consist of the following members of the Cooperating Jurisdiction Committee:
(a)
this State; and
(b)
any other member of the Cooperating Jurisdiction Committee that is found, by unanimous decision of the Cooperating Jurisdiction Committee, to have made a contribution (within the meaning of the NCSUW agreement) in relation to the recovery of the forfeiture proceeds comprising the net amount.

209HPayment to contributing non-participating State

If, in the decision-making period, the CJC subcommittee makes a unanimous decision that—
(a)
a non-participating State (other than a cooperating State) made a contribution (within the meaning of the NCSUW agreement) in relation to the recovery of the forfeiture proceeds comprising the net amount; and
(b)
it is appropriate that a specified proportion of the net amount be payable to that State,
then the specified proportion of the net amount is payable to that State under the national cooperative scheme.

209IPayment to contributing CJC members

(1)
Subject to subsection (2), any part of the net amount that remains after the application of section 209H is to be divided into equal proportions between this State and each of the other jurisdictions represented on the CJC subcommittee and the resulting proportion for each of those other jurisdictions is payable to the jurisdiction under the national cooperative scheme.
(2)
If the CJC subcommittee makes a unanimous decision in the decision-making period that—
(a)
it is inappropriate for the division referred to in subsection (1) to apply; and
(b)
a specified proportion, of any part of the net amount that remains after the application of section 209H, be payable to each of the jurisdictions represented on the subcommittee (other than this State),
then the specified proportion for each of those jurisdictions, of any part of the net amount that remains after the application of section 209H, is payable to the jurisdiction under the national cooperative scheme.

209JPayment period

If an amount is payable to the Commonwealth or another State or Territory under this section, then the Attorney‑General must cause the amount to be paid to the Commonwealth or the other State or Territory in the period that is—
(a)
the period specified in the NCSUW agreement as being the payment period for the purposes of the national cooperative scheme; or
(b)
if paragraph (a) does not apply—the period prescribed by the regulations as being the payment period for the purposes of the national cooperative scheme.

209KPayment to Victims of Crime Fund or Justice Rehabilitation Fund

(1)
Subject to subsection (2), any amount of shareable forfeiture proceeds remaining after the application of this Division (being this State's share of the shareable forfeiture proceeds) must be paid into the Victims of Crime Fund.
(2)
Shareable forfeiture proceeds of a prescribed drug offender remaining after the application of this Division (being this State's share of the shareable forfeiture proceeds of the prescribed drug offender) must be paid into the Justice Rehabilitation Fund.
(3)
Any amount paid to this State by the Commonwealth, another State or a Territory under the national cooperative scheme must be paid into the Victims of Crime Fund.

Division 4Charges on property

Subdivision 1Charge to secure certain amounts payable to the Crown

210Charge on property subject to restraining order

(1)
If—
1. (a)
  a confiscation order is made against a person in relation to a serious offence; and
2. (b)
  a restraining order relating to the offence or a related offence is, or has been, made against—
  1. (i)
    the person's property; or
  2. (ii)
    another person's property in relation to which an order under section 123(1) is, or has been, made,

then, upon the making of the later of the orders, there is created, by force of this section, a charge on the property to secure the payment to the Crown of the penalty amount or the literary proceeds amount (as the case requires).

(2)
The charge ceases to have effect in respect of the property—
1. (a)
  if the order was made in relation to the person's conviction of the serious offence and that conviction is quashed—upon the order being discharged under Part 5 Division 3 Subdivision 5; or
2. (b)
  upon the discharge of the order or the restraining order by a court hearing an appeal against the making of the order; or
3. (c)
  upon payment to the Crown of the penalty amount or the amount to be paid under the literary proceeds order in satisfaction of the order; or
4. (d)
  upon the sale or other disposition of the property—
  1. (i)
    under an order under Part 7 Division 1 Subdivision 4; or
  2. (ii)
    by the owner of the property with the consent of the court that made the order; or
  3. (iii)
    if the restraining order directed the Administrator to take custody and control of the property—by the owner of the property with the consent of the Administrator; or
5. (e)
  upon the sale of the property to a purchaser in good faith for value who, at the time of purchase, had no notice of the charge,

whichever first occurs.

Subdivision 2Charge to secure certain amounts payable to Legal Services Commission211Legal Services Commission charges

(1)
If—
(a)
the Legal Services Commission is to be paid an amount out of property that is covered by a restraining order; and
(b)
either—
(i)
the court revokes the restraining order; or
(ii)
the order ceases to be in force under section 46,
there is created by force of this section a charge on the property to secure the payment of the amount to the Legal Services Commission.
(2)
A charge created under subsection (1) ceases to have effect—
(a)
when the amount owing is paid to the Legal Services Commission; or
(b)
when the person sells or disposes of the property with the consent of the Administrator,
whichever occurs first.

Subdivision 3Registering and priority of charges212Charges may be registered

(1)
If a charge is created by this Act on property of a particular kind, the Administrator or the DPP may cause the charge to be registered under the provisions of an Act providing for the registration of title to, or charges over, property of that kind.
(2)
For the purposes of section 210(2)(e), a person who purchases or otherwise acquires an interest in the property after registration of the charge is taken to have notice of the charge at the time of the purchase or acquisition.

213Priority of charges

A charge created by this Act—
(a)
is subject to every encumbrance on the property that came into existence before the charge and that would otherwise have priority; and
(b)
has priority over all other encumbrances; and
(c)
subject to this Act, is not affected by a change of ownership of the property.

Part 8Miscellaneous

214Authorised officers to be issued identity cards

(1)
An authorised officer (other than the DPP or a police officer) must be issued with an identity card—
(a)
containing the person's name and a photograph of the person; and
(b)
stating that the person is an authorised officer for the purposes of this Act.
(2)
An authorised officer (other than the DPP) must, at the request of a person in relation to whom the authorised officer intends to exercise any powers under this Act, produce for the inspection of the person—
(a)
in the case of an authorised officer who is a police officer—his or her warrant card; or
(b)
in any other case—his or her identity card.

216Manner of giving notices etc

A notice, order or other document required or authorised by this Act to be given to or served on a person may be given or served—
(a)
by delivering it personally to the person or an agent of the person; or
(b)
by leaving it for the person at the person's place of residence or business with someone apparently over the age of 16 years; or
(c)
by posting it to the person or agent of the person at the person's or agent's last known place of residence or business; or
(d)
in any other manner prescribed by regulation.

217Registration of orders made under corresponding laws

(1)
An order under a corresponding law may be registered, on application by the Administrator, in the Supreme Court.
(2)
On registration, the order has, in relation to property in this State to which it is expressed to apply, the same effect as it has in relation to property in the State or Territory in which it was made but as if it were made in favour of the Crown in right of this State.
(3)
However, the Court may make adaptations or modifications to the order (as it applies in this State) the Court considers necessary or desirable for the effective operation of the order in this State.

218Certain proceedings to be civil

(1)
Proceedings on an application for a freezing order, a restraining order or a confiscation order are civil proceedings.
(2)
Except in relation to an offence under this Act—
(a)
the rules of construction applicable only in relation to the criminal law do not apply in the interpretation of this Act; and
(b)
the rules of evidence applicable in civil proceedings apply to proceedings under this Act.

219Consent orders

(1)
A court may make an order in a proceeding under Part 3, Part 4 or Part 5 with the consent of—
(a)
the parties to the proceeding; and
(b)
each person that the court has reason to believe has an interest in property the subject of the proceeding.
(2)
An order may be made—
(a)
without consideration of the matters that the court would otherwise consider in the proceeding; and
(b)
if the order is an order under section 47(1)(b)—before the end of the period of 6 months referred to in section 47(1)(b).
(3)
Despite any other provision of this Act, if a court is satisfied that an agreement has been reached between a person and the DPP and either—
(a)
the agreement provides for the person to make a payment to the Crown instead of property of the person being forfeited under this Act; or
(b)
the agreement provides for the person to make a payment to the Crown instead of the DPP applying for a confiscation order against the person,
the court may make any orders necessary to give effect to the agreement.
(4)
An order may be made under subsection (3) requiring a person to make a payment to the Crown despite any other provision of this Act and irrespective of whether the payment represents the whole of the value of the person's interest in the property.
(5)
If an order is made in relation to property under subsection (3), the property is taken to not be liable to forfeiture under this Act (and any forfeiture of the property under this Act that occurred before the order is, on the making of the order, taken to be of no effect, subject to an order of the court to the contrary).

220Onus and standard of proof

(1)
The applicant in any proceedings under this Act bears the onus of proving the matters necessary to establish the grounds for making the order applied for.
(2)
Subject to section 47(7) and section 98, any question of fact to be decided by a court on an application under this Act is to be decided on the balance of probabilities.

221Applications to certain courts

(1)
If, during the course of criminal proceedings before a court in respect of a serious offence, the DPP applies for an order under this Act relating to the offence, the court must deal with the application during the course of the criminal proceedings unless satisfied by the defendant that to do so would not be appropriate in the circumstances.
(2)
If an application for an order under this Act is made to a court before which a person was convicted of a serious offence—
(a)
the application may be dealt with by the court; and
(b)
any power in relation to the relevant order may be exercised by the court,
whether or not the court is constituted in the same way as when the person was convicted of the offence.

222Proof of certain matters

(1)
A certificate of conviction of an offence that complies with a requirement of the Evidence Act 1929—
(a)
is admissible in civil proceedings under this Act; and
(b)
is evidence of the commission of the offence by the person to whom it relates.
(2)
In proceedings—
(a)
on an application for an order under this Act; or
(b)
ancillary to such an application; or
(c)
for the enforcement of an order made under this Act,
the transcript of any examination is evidence of the answers given by a person to a question put to the person in the course of the examination.
(3)
In proceedings for an offence against this Act, an allegation in the complaint or information that a person named in the complaint or information was on a specified date an authorised person in relation to this Act, or a specified provision or provisions of this Act, will be accepted, in the absence of proof to the contrary, as proof of the authorisation.

223Stay of proceedings

The fact that criminal proceedings have been instituted or have commenced (whether or not under this Act) is not a ground on which a court may stay proceedings under this Act that are not criminal proceedings.

224Effect of confiscation scheme on sentencing

Despite any provision of the Sentencing Act 2017, in determining sentence in respect of a person's conviction of a serious offence, a court—
(a)
may have regard to any cooperation by the person in resolving any action taken against the person under this Act; and
(b)
must not have regard to any forfeiture (whether under this Act or a corresponding law), pecuniary penalty order or recognised Australian pecuniary penalty order that relates to the offence or that might result from conviction for the offence, to the extent that the forfeiture or order applies to—
(i)
proceeds of the offence; or
(ii)
if the conviction has resulted in the person becoming a prescribed drug offender—property that was owned by or subject to the effective control of the person on the conviction day for the offence; and
(c)
must have regard to any forfeiture (whether under this Act or a corresponding law), pecuniary penalty order or recognised Australian pecuniary penalty order that relates to the offence or that might result from conviction for the offence, to the extent that the forfeiture or order applies to any other property; and
(d)
must not have regard to any literary proceeds order that relates to the offence.

225Deferral of sentencing pending determination of confiscation order

If—
(a)
an application is made for a confiscation order in respect of a person's conviction of a serious offence to the court before which the person was convicted; and
(b)
the court has not, when the application is made, passed sentence on the person for the offence,
the court may, if satisfied that it is reasonable to do so in all the circumstances, defer passing sentence until it has determined the application for the confiscation order.

226Appeals

(1)
A person—
(a)
against whom a confiscation order is made; or
(b)
who has an interest in property against which a forfeiture order is made; or
(c)
who has an interest in property that is declared in an order under section 123 to be available to satisfy a pecuniary penalty order or literary proceeds order,
may appeal against the confiscation order, forfeiture order or order under section 123—

(d)
in the case of an order made in relation to a conviction of a serious offence—as if the order was, or was part of, the sentence imposed on the person in respect of the offence; or
(e)
in any other case—as if the person had been convicted of the serious offence to which the order relates and the order was, or was part of, the sentence imposed on the person in respect of the offence.
(2)
The DPP—
(a)
has the same right of appeal as a person referred to in subsection (1) has under this section; and
(b)
may appeal against a refusal by a court to make an order as if such an order had been made and the DPP was appealing against that order.
(3)
On an appeal under this section, the court may confirm, discharge or vary the order.
(4)
Nothing in this section affects any other right of appeal.

227Costs and exemplary or punitive damages

(1)
A court may, if—
(a)
a person brings, or appears at, proceedings under this Act—
(i)
to prevent a forfeiture order or restraining order from being made against property of the person; or
(ii)
to have property of the person excluded from a forfeiture order or restraining order; and
(b)
the person is successful in those proceedings; and
(c)
the court is satisfied that the person was not involved in any way in the commission of the serious offence in respect of which the forfeiture order or restraining order was sought or made,
order the Crown to pay the person costs in connection with the proceedings or such part of those costs as is determined by the court.
(1a)
However, the court may not award exemplary or punitive damages to the person.
(2)
To avoid doubt, the costs referred to in subsection (1) are not limited to costs of a kind that are normally recoverable by the successful party to civil proceedings.

228Interest

(1)
If—
(a)
money of a person is seized or forfeited under this Act; and
(b)
not less than one month after the seizure or forfeiture, the money (or an equal amount of money) is required under this Act to be paid back to the person or the person is required to be compensated by the Crown under this Act in respect of the seizure or forfeiture,
the person is entitled to be paid interest on the money at the prescribed rate.
(2)
An amount payable by the Crown under this section is recoverable as a debt.
(3)
Except as provided by this section, no interest is payable by the Crown in respect of property seized or forfeited under this Act.

229Effect of a person's death

(1)
A notice authorised or required to be given to a person under this Act is, if the person has died, taken to be given to the person if given to the person's legal representative.
(2)
A reference in this Act to a person's interest in property or a thing includes, if the person has died, a reference to an interest in the property or thing that the person had immediately before his or her death.
(3)
Nothing in this Act prevents an order from being applied for and made—
(a)
in respect of a person's interest in property or a thing; or
(b)
on the basis of the activities of a person,
after the death of the person.

229AAnnual report relating to prescribed drug offenders

(1)
The Attorney‑General must, on or before 30 September in each year, lay before both Houses of Parliament a report on the operation of the amendments enacted by the Criminal Assets Confiscation (Prescribed Drug Offenders) Amendment Act 2016 during the financial year ending on the preceding 30 June.
(2)
A report under this section must include the following information for the financial year to which the report relates:
1. (a)
  the number of persons who became prescribed drug offenders during that period;
2. (b)
  the number of restraining orders made during that period in relation to persons who, if convicted of the serious offence to which the restraining order relates, will become prescribed drug offenders;
3. (c)
  details of property forfeited under this Act during that period that was owned by or subject to the effective control of a prescribed drug offender on the conviction day for the conviction offence.
(3)
A report required under this section may be incorporated into any other report required to be laid before both Houses of Parliament by the Attorney‑General.

230Regulations

(1)
The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.
(2)
Regulations under this Act may—
(a)
be of general application or limited application; and
(b)
make different provision according to the matters or circumstances to which they are expressed to apply; and
(c)
provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or the DPP.

Schedule 1—Transitional provisions

Part 7—Transitional provisions

11—Transitional provision

(1)
An order in force under the former Act immediately before the commencement of this Act continues in force, subject to this Act, as if this Act had been in force when the order was made and the order had been made under this Act.
(2)
In this clause—
former Act means the Criminal Assets Confiscation Act 1996.

Legislative history

Notes

•
This version is comprised of the following:

Part 1	27.6.2024
Part 2	27.6.2024
Part 3	10.8.2018
Part 4	27.6.2024
Part 5	26.1.2014
Part 6	27.6.2024
Part 7	1.9.2021
Part 8	10.8.2018
Schedule 1	26.1.2014

•
Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
•
Earlier versions of this Act (historical versions) are listed at the end of the legislative history.
•
For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or repealed by principal Act
The Criminal Assets Confiscation Act 2005 repealed the following:
Criminal Assets Confiscation Act 1996
Legislation amended by principal Act
The Criminal Assets Confiscation Act 2005 amended the following:
Controlled Substances Act 1984
Criminal Law Consolidation Act 1935
Financial Transaction Reports (State Provisions) Act 1992
Legal Services Commission Act 1977
Principal Act and amendments
New entries appear in bold.
Year
No
Title
Assent
Commencement
2005
19
Criminal Assets Confiscation Act 2005
9.6.2005
2.4.2006 (Gazette 16.2.2006 p578)
2005
80
Controlled Substances (Serious Drug Offences) Amendment Act 2005
8.12.2005
Sch 1 (cll 2 & 6)—3.12.2007 (Gazette 22.11.2007 p4294)
2006
17
Statutes Amendment (New Rules of Civil Procedure) Act 2006
6.7.2006
Pt 21 (ss 80—88)—4.9.2006 (Gazette 17.8.2006 p2831)
2006
43
Statutes Amendment (Domestic Partners) Act 2006
14.12.2006
Pt 21 (ss 63—65)—1.6.2007 (Gazette 26.4.2007 p1352)
2007
4
Fisheries Management Act 2007
8.3.2007
Sch 2 (cl 3)—1.12.2007 (Gazette 15.11.2007 p4241)
2007
43
Criminal Assets Confiscation (Serious Offences) Amendment Act 2007
1.11.2007
1.11.2007
2008
9
Statute Law Revision Act 2008
17.4.2008
17.4.2008
2009
60
Serious and Organised Crime (Unexplained Wealth) Act 2009
26.11.2009
Sch 1 (cl 2)—29.8.2010 (Gazette 5.8.2010 p3978)
2009
84
Statutes Amendment (Public Sector Consequential Amendments) Act 2009
10.12.2009
Pt 41 (ss 80)—1.2.2010 (Gazette 28.1.2010 p320)
2011
11
Statutes Amendment (Personal Property Securities) Act 2011
14.4.2011
Pt 6 (s 23)—16.6.2011 (Gazette 16.6.2011 p2610)
2011
27
Statutes Amendment (De Facto Relationships) Act 2011
21.7.2011
Pt 2 (s 4)—21.7.2011: s 2(1)
2013
57
Criminal Assets Confiscation (Miscellaneous) Amendment Act 2013
7.11.2013
26.1.2014 (Gazette 23.1.2014 p343)
2016
37
Criminal Assets Confiscation (Prescribed Drug Offenders) Amendment Act 2016
11.8.2016
10.8.2018 (Gazette 13.2.2018 p732)
2017
53
Statutes Amendment (Sentencing) Act 2017
28.11.2017
Pt 7 (s 13)—30.4.2018 (Gazette 6.2.2018 p612)
2018
11
Criminal Assets Confiscation (Miscellaneous) Amendment Act 2018
9.8.2018
10.8.2018 immediately after 37/2016: s 2
2021
27
Unexplained Wealth (Commonwealth Powers) Act 2021
1.7.2021
Sch 1 (cll 2 to 4)—1.9.2021 (Gazette 18.8.2021 p3099)
2024
21
Criminal Assets Confiscation (Miscellaneous) Amendment Act 2024
27.6.2024
27.6.2024
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision
How varied
Commencement
Long title
amended under Legislation Revision and Publication Act 2002
4.9.2006
amended by 37/2016 s 4
10.8.2018
Pt 1
s 2
omitted under Legislation Revision and Publication Act 2002
4.9.2006
s 3
s 3(1)
s 3 redesignated as s 3(1) by 57/2013 s 4(3)
26.1.2014
conviction offence
inserted by 37/2016 s 5(1)
10.8.2018
dependant
amended by 43/2006 s 63(1)
1.6.2007
domestic partner
inserted by 43/2006 s 63(2)
1.6.2007
drug
amended by 80/2005 Sch 1 cl 2(1)
3.12.2007
extension order
deleted by 57/2013 s 4(1)
26.1.2014
foreign offence
inserted by 43/2007 s 3(1)
1.11.2007
prescribed drug offender
inserted by 37/2016 s 5(2)
10.8.2018
protected property
inserted by 37/2016 s 5(3)
10.8.2018
putative spouse
deleted by 43/2006 s 63(3)
1.6.2007
serious and organised crime
inserted by 37/2016 s 5(4)
10.8.2018
serious drug offence
deleted by 80/2005 Sch 1 cl 2(2)
3.12.2007
serious offence
amended by 43/2007 s 3(2)
1.11.2007
amended by 4/2007 Sch 2 cl 3
1.12.2007
amended by 80/2005 Sch 1 cl 2(3)
3.12.2007
(b) deleted by 57/2013 s 4(2)
26.1.2014
spouse
substituted by 43/2006 s 63(4)
1.6.2007
tainted property
amended by 37/2016 s 5(5)
10.8.2018
s 3(2)
inserted by 57/2013 s 4(3)
26.1.2014
s 6
s 6(1)
amended by 57/2013 s 5
26.1.2014
amended by 37/2016 s 6
10.8.2018
s 6A
inserted by 37/2016 s 7
10.8.2018
s 6A(3)
government custody
amended by 21/2024 s 2(1), (2)
27.6.2024
s 7
s 7(2)
amended by 9/2008 s 2 (Sch 1)
17.4.2008
amended by 27/2011 s 4(1), (2)
21.7.2011
s 8A
inserted by 60/2009 Sch 1 cl 2
29.8.2010
s 10
amended by 43/2007 s 4
1.11.2007
amended by 37/2016 s 8
10.8.2018
s 11A
inserted by 11/2011 s 23
16.6.2011
Pt 2
s 17
s 17(1)
amended by 21/2024 s 3(1)
27.6.2024
s 17(2)
substituted by 21/2024 s 3(2)
27.6.2024
s 21
s 21(1)
amended by 21/2024 s 4(1)
27.6.2024
s 21(3)
amended by 21/2024 s 4(2), (3)
27.6.2024
Pt 3
s 24
s 24(4)
amended by 37/2016 s 9(1)
10.8.2018
s 24(5a)
inserted by 37/2016 s 9(2)
10.8.2018
s 34
s 34(1)
amended by 37/2016 s 10
10.8.2018
s 34(2)
amended by 57/2013 s 6(1)
26.1.2014
s 34(3)
inserted by 57/2013 s 6(2)
26.1.2014
s 36
s 36(2) and (3)
amended by 17/2006 s 80
4.9.2006
s 40
s 40(2)
amended by 17/2006 s 81
4.9.2006
s 46
s 46(4)
amended by 57/2013 s 7
26.1.2014
Pt 4
Pt 4 Div 1
Pt 4 Div 1 Subdiv 1
s 47
s 47(5)
amended by 57/2013 s 8
26.1.2014
s 48
amended by 57/2013 s 9
26.1.2014
s 49
s 49(1) and (2)
amended by 17/2006 s 82
4.9.2006
Pt 4 Div 1 Subdiv 1A
inserted by 37/2016 s 11
10.8.2018
s 56A
amended by 11/2018 s 4
10.8.2018
s 56A(2)
amended by 21/2024 s 5
27.6.2024
Pt 4 Div 1 Subdiv 2
s 59A
inserted by 37/2016 s 12
10.8.2018
s 59B
inserted by 11/2018 s 5
10.8.2018
s 60
s 60(2)
amended by 17/2006 s 83(1)
4.9.2006
s 60(3)
amended by 17/2006 s 83(2)
4.9.2006
s 62
s 62(2) and (3)
amended by 17/2006 s 84
4.9.2006
s 62A
inserted by 57/2013 s 10
26.1.2014
amended by 37/2016 s 13
10.8.2018
Pt 4 Div 2
s 74
s 74(5)
amended by 57/2013 s 11(1)
26.1.2014
s 74(6)
relevant period
amended by 57/2013 s 11(2)
26.1.2014
s 75
substituted by 57/2013 s 12
26.1.2014
s 76
s 76(1)
amended by 57/2013 s 13(1)—(3)
26.1.2014
amended by 37/2016 s 14
10.8.2018
s 76(3)
amended by 57/2013 s 13(4)
26.1.2014
s 76AA
inserted by 37/2016 s 15
10.8.2018
s 76A
inserted by 57/2013 s 14
26.1.2014
amended by 37/2016 s 16
10.8.2018
s 80
s 80(2) and (4)
amended by 17/2006 s 85
4.9.2006
Pt 4 Div 3
s 91
s 91(2)
amended by 17/2006 s 86
4.9.2006
s 92
s 92(3)
amended by 17/2006 s 87
4.9.2006
s 93
s 93(1a)
inserted by 21/2024 s 6
27.6.2024
Pt 5
s 95
s 95(1)—(4)
substituted by 57/2013 s 15(1)
26.1.2014
s 95(5)
amended by 57/2013 s 15(2)
26.1.2014
s 95(7)
amended by 57/2013 s 15(3)
26.1.2014
s 96
s 96(1)
amended by 17/2006 s 88
4.9.2006
amended by 57/2013 s 16(1), (2)
26.1.2014
s 96(2)
amended by 17/2006 s 88
4.9.2006
s 96(3)
substituted by 57/2013 s 16(3)
26.1.2014
s 98A
inserted by 57/2013 s 17
26.1.2014
s 99
amended by 57/2013 s 18(1), (2)
26.1.2014
s 104
s 104(1)
amended by 57/2013 s 19(1)
26.1.2014
s 104(2)
substituted by 57/2013 s 19(2)
26.1.2014
s 105
deleted by 57/2013 s 20
26.1.2014
s 106
amended by 57/2013 s 21
26.1.2014
s 107
s 107(1)
s 107 redesignated as s 107(1) by 57/2013 s 22
26.1.2014
s 107(2)
inserted by 57/2013 s 22
26.1.2014
s 108
s 108(1)
substituted by 57/2013 s 23
26.1.2014
Pt 6
s 131
s 131(1)
amended by 43/2006 s 64
1.6.2007
s 132
s 132(1)
amended by 43/2006 s 65
1.6.2007
s 149
s 149(1)
amended by 57/2013 s 24
26.1.2014
s 172
s 172(3)
inserted by 21/2024 s 7
27.6.2024
Pt 7
Pt 7 Div 1
s 203
substituted by 37/2016 s 17
10.8.2018
Pt 7 Div 3
heading
substituted by 37/2016 s 18
10.8.2018
s 209
s 209(1)
amended by 37/2016 s 19
10.8.2018
amended by 11/2018 s 6
10.8.2018
amended by 27/2021 Sch 1 cl 2(1)
1.9.2021
s 209(4)
equitable sharing program
amended by 27/2021 Sch 1 cl 2(2)
1.9.2021
s 209A
inserted by 37/2016 s 20
10.8.2018
s 209A(4)
amended by 27/2021 Sch 1 cl 3
1.9.2021
Pt 7 Div 3A
inserted by 27/2021 Sch 1 cl 4
1.9.2021
Pt 8
s 215
deleted by 84/2009 s 80
1.2.2010
s 219
s 219(1)
amended by 57/2013 s 25
26.1.2014
s 219(3)—(5)
inserted by 11/2018 s 7
10.8.2018
s 224
substituted by 57/2013 s 26
26.1.2014
amended by 53/2017 s 13
30.4.2018
amended by 37/2016 s 21
10.8.2018
s 227
s 227(1a)
inserted by 11/2018 s 8
10.8.2018
s 229A
inserted by 37/2016 s 22
10.8.2018
s 230
s 230(1)
s 230 redesignated as s 230(1) by 11/2018 s 9
10.8.2018
s 230(2)
inserted by 11/2018 s 9
10.8.2018
Sch 1
Pts 1—6
omitted under Legislation Revision and Publication Act 2002
4.9.2006
Transitional etc provisions associated with Act or amendments
Controlled Substances (Serious Drug Offences) Amendment Act 2005, Sch 1
6—Transitional provision
An amendment to the principal Act effected by a provision of this Act only applies in relation to an offence if the offence is committed on or after the commencement of the provision.
Criminal Assets Confiscation (Prescribed Drug Offenders) Amendment Act 2016, Pt 2
23—Review of Act
(1)
The Attorney‑General must, within 3 years after the commencement of this Act, undertake a review of the amendments to the Criminal Assets Confiscation Act 2005 enacted by this Act.
(2)
The Attorney‑General must cause a report on the outcome of the review to be tabled in both Houses of Parliament within 12 sitting days after its completion.
Criminal Assets Confiscation (Miscellaneous) Amendment Act 2024, Sch 1—Transitional provisions
1—Application of amendments to section 21 of Act
Section 21 of the Criminal Assets Confiscation Act 2005, as amended by section 4 of this Act, applies in relation to any freezing order in force immediately before the commencement of section 4 (as well as to such orders made after that commencement).
Historical versions
4.9.2006
1.6.2007
1.11.2007
1.12.2007 (electronic only)
3.12.2007
17.4.2008
1.2.2010
29.8.2010
16.6.2011
21.7.2011
26.1.2014
30.4.2018
10.8.2018
1.9.2021

Year	No	Title	Assent	Commencement
2005	19	Criminal Assets Confiscation Act 2005	9.6.2005	2.4.2006 (Gazette 16.2.2006 p578)
2005	80	Controlled Substances (Serious Drug Offences) Amendment Act 2005	8.12.2005	Sch 1 (cll 2 & 6)—3.12.2007 (Gazette 22.11.2007 p4294)
2006	17	Statutes Amendment (New Rules of Civil Procedure) Act 2006	6.7.2006	Pt 21 (ss 80—88)—4.9.2006 (Gazette 17.8.2006 p2831)
2006	43	Statutes Amendment (Domestic Partners) Act 2006	14.12.2006	Pt 21 (ss 63—65)—1.6.2007 (Gazette 26.4.2007 p1352)
2007	4	Fisheries Management Act 2007	8.3.2007	Sch 2 (cl 3)—1.12.2007 (Gazette 15.11.2007 p4241)
2007	43	Criminal Assets Confiscation (Serious Offences) Amendment Act 2007	1.11.2007	1.11.2007
2008	9	Statute Law Revision Act 2008	17.4.2008	17.4.2008
2009	60	Serious and Organised Crime (Unexplained Wealth) Act 2009	26.11.2009	Sch 1 (cl 2)—29.8.2010 (Gazette 5.8.2010 p3978)
2009	84	Statutes Amendment (Public Sector Consequential Amendments) Act 2009	10.12.2009	Pt 41 (ss 80)—1.2.2010 (Gazette 28.1.2010 p320)
2011	11	Statutes Amendment (Personal Property Securities) Act 2011	14.4.2011	Pt 6 (s 23)—16.6.2011 (Gazette 16.6.2011 p2610)
2011	27	Statutes Amendment (De Facto Relationships) Act 2011	21.7.2011	Pt 2 (s 4)—21.7.2011: s 2(1)
2013	57	Criminal Assets Confiscation (Miscellaneous) Amendment Act 2013	7.11.2013	26.1.2014 (Gazette 23.1.2014 p343)
2016	37	Criminal Assets Confiscation (Prescribed Drug Offenders) Amendment Act 2016	11.8.2016	10.8.2018 (Gazette 13.2.2018 p732)
2017	53	Statutes Amendment (Sentencing) Act 2017	28.11.2017	Pt 7 (s 13)—30.4.2018 (Gazette 6.2.2018 p612)
2018	11	Criminal Assets Confiscation (Miscellaneous) Amendment Act 2018	9.8.2018	10.8.2018 immediately after 37/2016: s 2
2021	27	Unexplained Wealth (Commonwealth Powers) Act 2021	1.7.2021	Sch 1 (cll 2 to 4)—1.9.2021 (Gazette 18.8.2021 p3099)
2024	21	Criminal Assets Confiscation (Miscellaneous) Amendment Act 2024	27.6.2024	27.6.2024

Provision	How varied	Commencement
Long title	amended under Legislation Revision and Publication Act 2002	4.9.2006
amended by 37/2016 s 4	10.8.2018
Pt 1
s 2	omitted under Legislation Revision and Publication Act 2002	4.9.2006
s 3
s 3(1)	s 3 redesignated as s 3(1) by 57/2013 s 4(3)	26.1.2014
conviction offence	inserted by 37/2016 s 5(1)	10.8.2018
dependant	amended by 43/2006 s 63(1)	1.6.2007
domestic partner	inserted by 43/2006 s 63(2)	1.6.2007
drug	amended by 80/2005 Sch 1 cl 2(1)	3.12.2007
extension order	deleted by 57/2013 s 4(1)	26.1.2014
foreign offence	inserted by 43/2007 s 3(1)	1.11.2007
prescribed drug offender	inserted by 37/2016 s 5(2)	10.8.2018
protected property	inserted by 37/2016 s 5(3)	10.8.2018
putative spouse	deleted by 43/2006 s 63(3)	1.6.2007
serious and organised crime	inserted by 37/2016 s 5(4)	10.8.2018
serious drug offence	deleted by 80/2005 Sch 1 cl 2(2)	3.12.2007
serious offence	amended by 43/2007 s 3(2)	1.11.2007
amended by 4/2007 Sch 2 cl 3	1.12.2007
amended by 80/2005 Sch 1 cl 2(3)	3.12.2007
(b) deleted by 57/2013 s 4(2)	26.1.2014
spouse	substituted by 43/2006 s 63(4)	1.6.2007
tainted property	amended by 37/2016 s 5(5)	10.8.2018
s 3(2)	inserted by 57/2013 s 4(3)	26.1.2014
s 6
s 6(1)	amended by 57/2013 s 5	26.1.2014
amended by 37/2016 s 6	10.8.2018
s 6A	inserted by 37/2016 s 7	10.8.2018
s 6A(3)
government custody	amended by 21/2024 s 2(1), (2)	27.6.2024
s 7
s 7(2)	amended by 9/2008 s 2 (Sch 1)	17.4.2008
amended by 27/2011 s 4(1), (2)	21.7.2011
s 8A	inserted by 60/2009 Sch 1 cl 2	29.8.2010
s 10	amended by 43/2007 s 4	1.11.2007
amended by 37/2016 s 8	10.8.2018
s 11A	inserted by 11/2011 s 23	16.6.2011
Pt 2
s 17
s 17(1)	amended by 21/2024 s 3(1)	27.6.2024
s 17(2)	substituted by 21/2024 s 3(2)	27.6.2024
s 21
s 21(1)	amended by 21/2024 s 4(1)	27.6.2024
s 21(3)	amended by 21/2024 s 4(2), (3)	27.6.2024
Pt 3
s 24
s 24(4)	amended by 37/2016 s 9(1)	10.8.2018
s 24(5a)	inserted by 37/2016 s 9(2)	10.8.2018
s 34
s 34(1)	amended by 37/2016 s 10	10.8.2018
s 34(2)	amended by 57/2013 s 6(1)	26.1.2014
s 34(3)	inserted by 57/2013 s 6(2)	26.1.2014
s 36
s 36(2) and (3)	amended by 17/2006 s 80	4.9.2006
s 40
s 40(2)	amended by 17/2006 s 81	4.9.2006
s 46
s 46(4)	amended by 57/2013 s 7	26.1.2014
Pt 4
Pt 4 Div 1
Pt 4 Div 1 Subdiv 1
s 47
s 47(5)	amended by 57/2013 s 8	26.1.2014
s 48	amended by 57/2013 s 9	26.1.2014
s 49
s 49(1) and (2)	amended by 17/2006 s 82	4.9.2006
Pt 4 Div 1 Subdiv 1A	inserted by 37/2016 s 11	10.8.2018
s 56A	amended by 11/2018 s 4	10.8.2018
s 56A(2)	amended by 21/2024 s 5	27.6.2024
Pt 4 Div 1 Subdiv 2
s 59A	inserted by 37/2016 s 12	10.8.2018
s 59B	inserted by 11/2018 s 5	10.8.2018
s 60
s 60(2)	amended by 17/2006 s 83(1)	4.9.2006
s 60(3)	amended by 17/2006 s 83(2)	4.9.2006
s 62
s 62(2) and (3)	amended by 17/2006 s 84	4.9.2006
s 62A	inserted by 57/2013 s 10	26.1.2014
amended by 37/2016 s 13	10.8.2018
Pt 4 Div 2
s 74
s 74(5)	amended by 57/2013 s 11(1)	26.1.2014
s 74(6)
relevant period	amended by 57/2013 s 11(2)	26.1.2014
s 75	substituted by 57/2013 s 12	26.1.2014
s 76
s 76(1)	amended by 57/2013 s 13(1)—(3)	26.1.2014
amended by 37/2016 s 14	10.8.2018
s 76(3)	amended by 57/2013 s 13(4)	26.1.2014
s 76AA	inserted by 37/2016 s 15	10.8.2018
s 76A	inserted by 57/2013 s 14	26.1.2014
amended by 37/2016 s 16	10.8.2018
s 80
s 80(2) and (4)	amended by 17/2006 s 85	4.9.2006
Pt 4 Div 3
s 91
s 91(2)	amended by 17/2006 s 86	4.9.2006
s 92
s 92(3)	amended by 17/2006 s 87	4.9.2006
s 93
s 93(1a)	inserted by 21/2024 s 6	27.6.2024
Pt 5
s 95
s 95(1)—(4)	substituted by 57/2013 s 15(1)	26.1.2014
s 95(5)	amended by 57/2013 s 15(2)	26.1.2014
s 95(7)	amended by 57/2013 s 15(3)	26.1.2014
s 96
s 96(1)	amended by 17/2006 s 88	4.9.2006
amended by 57/2013 s 16(1), (2)	26.1.2014
s 96(2)	amended by 17/2006 s 88	4.9.2006
s 96(3)	substituted by 57/2013 s 16(3)	26.1.2014
s 98A	inserted by 57/2013 s 17	26.1.2014
s 99	amended by 57/2013 s 18(1), (2)	26.1.2014
s 104
s 104(1)	amended by 57/2013 s 19(1)	26.1.2014
s 104(2)	substituted by 57/2013 s 19(2)	26.1.2014
s 105	deleted by 57/2013 s 20	26.1.2014
s 106	amended by 57/2013 s 21	26.1.2014
s 107
s 107(1)	s 107 redesignated as s 107(1) by 57/2013 s 22	26.1.2014
s 107(2)	inserted by 57/2013 s 22	26.1.2014
s 108
s 108(1)	substituted by 57/2013 s 23	26.1.2014
Pt 6
s 131
s 131(1)	amended by 43/2006 s 64	1.6.2007
s 132
s 132(1)	amended by 43/2006 s 65	1.6.2007
s 149
s 149(1)	amended by 57/2013 s 24	26.1.2014
s 172
s 172(3)	inserted by 21/2024 s 7	27.6.2024
Pt 7
Pt 7 Div 1
s 203	substituted by 37/2016 s 17	10.8.2018
Pt 7 Div 3
heading	substituted by 37/2016 s 18	10.8.2018
s 209
s 209(1)	amended by 37/2016 s 19	10.8.2018
amended by 11/2018 s 6	10.8.2018
amended by 27/2021 Sch 1 cl 2(1)	1.9.2021
s 209(4)
equitable sharing program	amended by 27/2021 Sch 1 cl 2(2)	1.9.2021
s 209A	inserted by 37/2016 s 20	10.8.2018
s 209A(4)	amended by 27/2021 Sch 1 cl 3	1.9.2021
Pt 7 Div 3A	inserted by 27/2021 Sch 1 cl 4	1.9.2021
Pt 8
s 215	deleted by 84/2009 s 80	1.2.2010
s 219
s 219(1)	amended by 57/2013 s 25	26.1.2014
s 219(3)—(5)	inserted by 11/2018 s 7	10.8.2018
s 224	substituted by 57/2013 s 26	26.1.2014
amended by 53/2017 s 13	30.4.2018
amended by 37/2016 s 21	10.8.2018
s 227
s 227(1a)	inserted by 11/2018 s 8	10.8.2018
s 229A	inserted by 37/2016 s 22	10.8.2018
s 230
s 230(1)	s 230 redesignated as s 230(1) by 11/2018 s 9	10.8.2018
s 230(2)	inserted by 11/2018 s 9	10.8.2018
Sch 1
Pts 1—6	omitted under Legislation Revision and Publication Act 2002	4.9.2006