Criminal Property Forfeiture Regulations 2003 (NT)

NORTHERN TERRITORY OF AUSTRALIA

CRIMINAL PROPERTY FORFEITURE REGULATIONS 2003

As in force at 20 May 2016

Table of provisions [if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \o &#34;1-9&#34; <span style='mso-element: field-separator'></span><![endif] — Citation2 — Corresponding laws3 — Interstate forfeiture orders and interstate restraining orders4 — Forms5 — Forms in relation to landForms in relation to landSchedule 1 — Corresponding lawsSchedule 2 — Interstate forfeiture and restraining ordersSchedule 3 — FormsENDNOTES NORTHERN TERRITORY OF AUSTRALIA

NORTHERN TERRITORY OF AUSTRALIA

As in force at 20 May 2016

CRIMINAL PROPERTY FORFEITURE REGULATIONS 2003

Regulations under the Criminal Property Forfeiture Act 2002

1Citation

These Regulations may be cited as the Criminal Property Forfeiture Regulations 2003.

2Corresponding laws

A law specified in Schedule 1 is prescribed as a law that corresponds to the Act.

3Interstate forfeiture orders and interstate restraining orders

An order specified in:

• (a)

  Part A of Schedule 2 is prescribed as an interstate forfeiture order; and

• (b)

  Part B of Schedule 2 is prescribed as an interstate restraining order.

4Forms

• (1)

  A notice to a financial institution under section 14 of the Act is to be in accordance with Form 1 in Schedule 3.

• (2)

  An application under section 34 of the Act for a search warrant is to be in accordance with Form 2 in Schedule 3.

• (3)

  A search warrant under section 34 of the Act is to be in accordance with Form 3 in Schedule 3.

• (4)

  An application for an interim restraining order under section 40 of the Act is to be in accordance with Form 4 in Schedule 3.

• (5)

  An interim restraining order under section 40 of the Act is to be in accordance with Form 5 in Schedule 3.

• (6)

  A notice under section 47(1) of the Act about the making of a restraining order is to be in accordance with Form 6 in Schedule 3.

• (7)

  A notice under section 50(4)(a) of the Act of the setting aside of a restraining order is to be in accordance with Form 7 in Schedule 3.

• (8)

  A notice under section 51 of the Act of the extension of a restraining order is to be in accordance with Form 8 in Schedule 3.

5Forms in relation to land

An instrument lodged with the Registrar-General under section 53(1)(a), 53(2)(a) or 102(1) of the Act is to be lodged in the appropriate form specified by the Registrar-General’s directions under the Land Title Act 2000.

Schedule 1Corresponding laws

regulation 2

Jurisdiction	Legislation
Commonwealth	Proceeds of Crime Act 1987 Proceeds of Crime Act 2002
New South Wales	Confiscation of Proceeds of Crimes Act 1989 Criminal Assets Recovery Act 1990
Queensland	Criminal Proceeds Confiscation Act 2002
South Australia	Criminal Assets Confiscation Act 2005
Tasmania	Crime (Confiscation of Profits) Act 1993
Victoria	Confiscation Act 1997
Western Australia	Criminal Property Confiscation Act 2000
Australian Capital Territory	Confiscation of Criminal Assets Act 2003

Schedule 2Interstate forfeiture and restraining orders

regulation 3

Part A Interstate forfeiture orders

Jurisdiction	Type of order	Provision
New South Wales	forfeiture order	Confiscation of Proceeds of Crimes Act 1989, section 18
drugs proceeds order	Confiscation of Proceeds of Crimes Act 1989, section 29
assets forfeiture order	Criminal Assets Recovery Act 1990, section 22
Queensland	unexplained wealth order	Criminal Proceeds Confiscation Act 2002, section 89F(1)
serious drug offender confiscation order	Criminal Proceeds Confiscation Act 2002, section 93ZY(1)
forfeiture order	Criminal Proceeds Confiscation Act 2002, section 146(2)
special forfeiture order	Criminal Proceeds Confiscation Act 2002, section 200(2)
South Australia	forfeiture order	Criminal Assets Confiscation Act 2005,section 47 or 56
Tasmania	forfeiture order	Crime (Confiscation of Profits) Act 1993, section 16
Victoria	forfeiture order	Confiscation Act 1997, section 33 or 34
declaration	Confiscation Act 1997,section 36 or 36GB
civil forfeiture order	Confiscation Act 1997,section 37, 38 or 39
declaration	Confiscation Act 1997, section 40ZB
Western Australia	unexplained wealth declaration	Criminal Property Confiscation Act 2000, section 12
criminal benefits declaration	Criminal Property Confiscation Act 2000, section 16 or 17
crime-used property substitution declaration	Criminal Property Confiscation Act 2000, section 22
confiscable property declaration	Criminal Property Confiscation Act 2000, section 28 or 30
Australian Capital Territory	conviction forfeiture order	Confiscation of Criminal Assets Act 2003, section 54
automatic forfeiture of restrained property	Confiscation of Criminal Assets Act 2003,section 58
order declaring property automatically forfeited	Confiscation of Criminal Assets Act 2003,section 59 or 60
civil forfeiture order	Confiscation of Criminal Assets Act 2003, section 67

Part B Interstate restraining orders

Jurisdiction	Type of order	Provision
New South Wales	restraining order	Confiscation of Proceeds of Crimes Act 1989, section 43
restraining order	Criminal Assets Recovery Act 1990, section 10A or 12
Queensland	restraining order	Criminal Proceeds Confiscation Act 2002, section 93H(1)
restraining order	Criminal Proceeds Confiscation Act 2002, section 117(1)
other orders made in relation to a restraining order	Criminal Proceeds Confiscation Act 2002, section 130
South Australia	restraining order	Criminal Assets Confiscation Act 2005, section 24
Tasmania	restraining order	Crime (Confiscation of Profits) Act 1993, section 26 or 30
Victoria	restraining order	Confiscation Act 1997, section 14, 18 or 40I
civil forfeiture restraining order	Confiscation Act 1997,section 36M
Western Australia	freezing order	Criminal Property Confiscation Act 2000, section 43
Australian Capital Territory	restraining order	Confiscation of Criminal Assets Act 2003, section 30 or 31

Schedule 3Forms

FORM 1

NORTHERN TERRITORY OF AUSTRALIA

Criminal Property Forfeiture Act 2002

regulation 4(1)

REQUIREMENT FOR INFORMATION FROM FINANCIAL INSTITUTION

To:                                                                                   [name of financial institution]             (the financial institution),

of:                                                                                 [address of the financial institution]

 

TAKE NOTICE that under section 14 of the Criminal Property Forfeiture Act 2002, you are required to do the following:

*1.               State whether or not                                                      [name of person]

holds an account with the financial institution and, if the answer is "yes", in relation to each account that is held, identify the account by stating:

• (a)

  the full title and number of the account; and

• (b)

  the type of account.

*2.               State whether or not the following account is held with the financial institution:

Account description                                                                                   .

*3.               Identify the following account(s) held with the financial institution, including by stating the type of account:

Account description                                                                                   .

*4.               Identify the holder(s) of the following account(s) held with the financial institution:

Account description                                                                                   .

• Statewhetherornotanyotherkindoftransactionbetweenthefinancialinstitutionand

  *5.                                                                  [name of person]

has existed, is intended to exist and/or does exist and if so, in relation to each transaction:

• (a)

  identify the transaction; and

• (b)

  state whether the transaction has taken place, is taking place or is to take place.

*6.               State whether                                                                     [name of person]has applied to the financial institution to open an account, borrow money or enter into any other type of transaction or arrangement with the institution.

7.                State the balance of any relevant account and indicate whether the account is current or closed.

NOTE: YOU MUST COMPLY WITH THIS REQUIREMENT.

Maximum penalty:          5 000 penalty units.

The terms account, financial institution and transaction are defined in section 5 of the Act.

Dated                                                  20   .

Signed *for Director of Public Prosecutions / *by member of Police Force

*[delete if not applicable]

FORM 2

NORTHERN TERRITORY OF AUSTRALIA

Criminal Property Forfeiture Act 2002

regulation 4(2)

APPLICATION UNDER SECTION 34 FOR SEARCH WARRANT

I,                                                                       , a member of the Police Force of the Northern Territory:

• (a)

  make oath and state that I suspect that *property liable to forfeiture under the Act / *property tracking documents is or are in or on, or will be in or on within the next 72 hours, the following premises:

• (b)

  state that the grounds for my suspicion are as follows:                 

   

; and

• (c)

  under section 34 of the Criminal Property Forfeiture Act 2002, apply for a search warrant in relation to the premises.

   

Applicant

 

Made on                                 [date] at                              [place]

 

*If application was made by *telephone / *other electronic means [specify], justice of the peace to complete details and sign his/her copy.

• Application received on the                         day of             20  , at     o’clock

by                                                                                , a justice of the peace for the Northern Territory of Australia.

Witnessed by

Signature       _________________________________________________

Justice of the peace

Name              _________________________________________________

Address or phone no.

* [delete if not applicable]

FORM 3

NORTHERN TERRITORY OF AUSTRALIA

Criminal Property Forfeiture Act 2002

regulation 4(3)

SEARCH WARRANT UNDER SECTION 34

I, , a justice of the peace, having received an application under section 34 of the Criminal Property Forfeiture Act 2002 by a member of the Police Force of the Northern Territory and being satisfied that there are reasonable grounds for suspecting that *property liable to forfeiture under the Act / *property tracking documents is or are on the premises described below, or will be in or on the premises within the next 72 hours, issue this search warrant authorising a member of the Police Force, using any necessary force and with any assistance the member thinks necessary, at any time of night or day on or within 30 days after the date of this warrant, to do any or all of the following:

• (a)

  enter the premises;

• (b)

  search the premises;

• (c)

  search any baggage, package or other thing found in or on the premises;

• (b)

  detain any person in or on the premises and search the person in accordance with section 35 of the Act.

Description of premises:

     

Justice of the peace

Date and time:

 

Note: The Criminal Property Forfeiture Act 2002 defines premises as including a vessel, aircraft, vehicle, structure, building and any land or place whether built on or not.

* [delete if not applicable]

FORM 4

NORTHERN TERRITORY OF AUSTRALIA

Criminal Property Forfeiture Act 2002

regulation 4(4)

APPLICATION UNDER SECTION 40 FOR

INTERIM RESTRAINING ORDER

I,                                                                                                          , a *member of the Police Force of the Northern Territory / *person authorised by the Director of Public Prosecutions:

• (a)

  under section 40 of the Criminal Property Forfeiture Act 2002, apply for an interim restraining order in relation to:

*the property of                                                                                     [person];

*the following property:

   

• (b)

  state that an application is to be made as soon as reasonably practicable to the *Local Court / *Supreme Court under section 43 or 44 of the Act for the restraint of the property; and

• (c)

  state that the circumstances that justify this application for an interim restraining order in relation to the property are as follows:

   

Applicant:

Date:

If application was made by *telephone / *other electronic means [specify], Local Court Judge to complete details and sign his/her copy.

Application received on the                         day of                         20  , at     o’clock

by                                                                                , a Local Court Judge of the Northern Territory of Australia.

Signed

* [delete if not applicable]

FORM 5

NORTHERN TERRITORY OF AUSTRALIA

Criminal Property Forfeiture Act 2002

regulation 4(5)

INTERIM RESTRAINING ORDER UNDER SECTION 40

I, , a Local Court Judge of the Northern Territory of Australia, having heard an application under section 40 of the Criminal Property Forfeiture Act 2002 by a member of the *Police Force of the Northern Territory / *person authorised by the Director of Public Prosecutions and being satisfied of the matters set out in section 40(1)(c) and (d) of the Act, order that, unless this order is sooner varied or revoked, for a period of                [not exceeding 72 hours], expiring at       AM/PM on                            [date],

*the property of                                                              [person] is restrained; or

* the following property is restrained:

   

And I further order that:

[Here describe any other restraints or orders imposed, for example: "The property may continue to be used for residential purposes by the respondent/certain named persons"]

Signed by Local Court Judge:

Date and time:

While this order is in force, no person may deal with the property except in accordance with the Act.

The maximum penalty for dealing with restrained property is:

For a natural person – 1 000 penalty units or the value of the property (whichever is greater), or imprisonment for 5 years.

For a body corporate – 5 000 penalty units or the value of the property (whichever is greater).

Dealing includes selling the property or giving it away, disposing of the property in any other way, moving or using the property, and other matters set out in section 56(1) of the Act.

* [delete if not applicable]

FORM 6

NORTHERN TERRITORY OF AUSTRALIA

Criminal Property Forfeiture Act 2002

regulation 4(6)

NOTICE OF RESTRAINING ORDER

To:                                                                                                                         [name]

of:                                                                                                                        [address]

I,                                                                                                           , a *member of the Police Force of the Northern Territory / *person authorised by the Director of Public Prosecutions, give notice that:

a restraining order has been made by the *Local Court / *Supreme Court under the Criminal Property Forfeiture Act 2002 for the restraint of the property specified below;

a copy of the order is attached;

the order applies to and including                                                       [date];

while the order is in force, no person may deal with the property except in accordance with the Act;

The maximum penalty for dealing with restrained property is:

For a natural person – 1 000 penalty units r the value of the property (whichever is greater), or imprisonment for 5 years;

For a body corporate – 5 000 penalty units or the value of the property (whichever is greater);

the property that is restrained under the order is liable to forfeiture under the Act; and

you can object to the restraint of part or all of the property by filing an objection in the court that made the order within 28 days after the service of this notice.

NOTE: You are required under section 48 of the Criminal Property Forfeiture Act 2002 to lodge a statutory declaration in the court that made the order within 7 days after being served with this notice.   The declaration is to state the name and, if known, the address of any other person of whom you are aware who has, may have or claims to have an interest in any of the property that is restrained under the order.   If you are not aware of any other person who has, may have or claims to have an interest in any of the property, you must make a statutory declaration containing a statement to that effect.

The maximum penalty for failing to make a statutory declaration is 2 000 penalty units or imprisonment for 2 years.

Particulars of property in relation to which the order is made:

                     

Note: Section 49(2) of the Criminal Property Forfeiture Act 2002 provides that income or other property that is derived from property that is subject to this order is taken to be part of the property and is also restrained under this order.

 

Dated                                                  20   .

 

Signed *for Director of Public Prosecutions / *by member of Police Force

* [delete if not applicable]

FORM 7

NORTHERN TERRITORY OF AUSTRALIA

Criminal Property Forfeiture Act 2002

regulation 4(7)

NOTICE OF SETTING ASIDE OF RESTRAINING ORDER

To:                                                                                                                        [name]

of:                                                                                                                        [address]

I,                                                                                                              , a *member of the Police Force of the Northern Territory / *person authorised by the Director of Public Prosecutions, give notice that an order has been made by the *Local Court / *Supreme Court under the Criminal Property Forfeiture Act 2002 setting aside the restraining order made by the court on                            [date] for the restraint of property specified in that order.

NOTE:  The setting aside of the restraining order means that a person can deal with the property that was restrained under that order unless the property remains restrained under a different order.   If the property remains restrained under an order that has not been set aside, the property cannot be dealt with except under the Act or as provided for in the court order.

The maximum penalty for dealing with restrained property is:

For a natural person – 1 000 penalty units or the value of the property (whichever is greater), or imprisonment for 5 years.

For a body corporate – 5 000 penalty units or the value of the property (whichever is greater).

 

Dated                                                  20   .

 

Signed *for Director of Public Prosecutions / *by member of Police Force

Attached: copy of court order setting aside the restraining order.

* [delete if not applicable]

FORM 8

NORTHERN TERRITORY OF AUSTRALIA

Criminal Property Forfeiture Act 2002

regulation 4(8)

NOTICE OF EXTENSION OF RESTRAINING ORDER

To:                                                                                                                        [name]

of:                                                                                                                        [address]

I,                                                                                                             , a *member of the Police Force of the Northern Territory / *person authorised by the Director of Public Prosecutions, give notice that on                                            [date], the *Local Court / *Supreme Court extended the duration of the restraining order made by the court on                                          [date of original order] under the Criminal Property Forfeiture Act 2002 for                                    [period of order] for the restraint of the property specified below:

 

Unless the order is sooner varied or revoked, the order remains in force until     AM/PM on                                                        [date], and no person may deal with the property except in accordance with the Act.

The maximum penalty for dealing with restrained property is:

For a natural person – 1 000 penalty units or the value of the property (whichever is greater), or imprisonment for 5 years.

For a body corporate – 5 000 penalty units or the value of the property (whichever is greater).

 

Dated                                                  20   .

 

Signed *for Director of Public Prosecutions / *by member of Police Force

Attached: copy of court order extending the duration of the restraining order.

* [delete if not applicable]

ENDNOTES

• 1

  KEY

Key to abbreviations

 

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

• 2

  LIST OF LEGISLATION

Criminal Property Forfeiture Regulations (SL No. 45, 2003)
Notified	3 September 2003
Commenced	3 September 2003
Statute Law Revision Act (No. 2) 2004 (Act No. 54, 2004)
Notified	15 September 2004
Commenced	27 October 2004 (Gaz G43, 27 October 2004, p 3)
Justice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010)
Notified	20 May 2010
Commenced	1 July 2010 (Gaz G24, 16 June 2010, p 2)
Oaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40, 2010)
Assent date	18 November 2010
Commenced	1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations Act 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011, p 4)
Criminal Property Forfeiture Amendment Regulations 2012 (SL No. 31, 2012)
Notified	3 August 2012
Commenced	3 August 2012
Criminal Property Forfeiture Amendment Regulations 2014 (SL No. 7, 2014)
Notified	26 March 2014
Commenced	26 March 2014
Criminal Property Forfeiture Amendment Regulations 2015 (SL No. 3, 2015)
Notified	29 April 2015
Commenced	29 April 2015
Local Court (Related Amendments) Act 2016 (Act No. 8, 2016)
Assent date	6 April 2016
Commenced	1 May 2016 (s 2, s 2 Local Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34, 29 April 2016)
Criminal Property Forfeiture Amendment Regulations 2016 (SL No. 24, 2016)
Notified	20 May 2016
Commenced	20 May 2016

• 3

  GENERAL AMENDMENTS

General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22 or 2018) to: rr 1 and 5 and sch 3.

• 4

  LIST OF AMENDMENTS

sch 1                 sub No. 31, 2012, r 3

sch 2                 amd Act No. 54, 2004, s 8; No. 24, 2016, r 3

sub No. 31, 2012, r 3

amd No. 7, 2014, r 3; No. 3, 2015, r 3

sch 3                 amd Act No. 12, 2010, s 3; Act No. 40, 2010, s 126; No. 31, 2012, r 4; Act No. 8, 2016, s 45