Proceeds of Crime Act 2002 (Cth)

Proceeds of Crime Act 2002

No. 85, 2002

Compilation No. 59

Compilation date: 7 January 2025

Includes amendments: Act No. 110, 2024

About this compilation

This compilation

This is a compilation of the Proceeds of Crime Act 2002 that shows the text of the law as amended and in force on 7 January 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

An Act to provide for confiscation of the proceeds of crime, and for other purposes

Chapter 1IntroductionPart 1‑1Preliminary 1Short title

This Act may be cited as the Proceeds of Crime Act 2002.

2Commencement

(1)
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table	The day on which this Act receives the Royal Assent	11 October 2002
2. Sections 3 to 338	A single day to be fixed by Proclamation, subject to subsection (3)	1 January 2003 (Gazette 2002, No. GN44)

Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2)
Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.
(3)
If a provision covered by item 2 of the table does not commence under subsection (1) within the period of 6 months beginning on the day on which it receives the Royal Assent, it commences on the first day after the end of that period.

3Identifying defined terms

(1)
Many of the terms in this Act are defined in the Dictionary in Chapter 6.
(2)
Most of the terms that are defined in the Dictionary in Chapter 6 are identified by an asterisk appearing at the start of the term: as in “*proceeds”. The footnote with the asterisk contains a signpost to the Dictionary.
(3)
An asterisk usually identifies the first occurrence of a term in a section (if not divided into subsections), subsection or definition. Later occurrences of the term in the same provision are not usually asterisked.
(4)
Terms are not asterisked in headings, notes, examples, explanatory tables, guides, outline provisions or diagrams.
(5)
If a term is not identified by an asterisk, disregard that fact in deciding whether or not to apply to that term a definition or other interpretation provision.
(6)
The following basic terms used throughout the Act are not identified with an asterisk:

Terms that are not identified
Item	This term:	is defined in:
1	charged	section 338
2	convicted	section 331
3	deal	section 338
4	derived	section 336
5	property	section 338

4Application of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Part 1‑2Objects 5Principal objects

The principal objects of this Act are:
(a)
to deprive persons of the *proceeds of offences, the *instruments of offences, and *benefits derived from offences, against the laws of the Commonwealth or the *non‑governing Territories; and
(b)
to deprive persons of *literary proceeds derived from the commercial exploitation of their notoriety from having committed offences; and
(ba)
to deprive persons of *unexplained wealth amounts that the person cannot satisfy a court were not derived or realised, directly or indirectly, from certain offences; and
(c)
to punish and deter persons from breaching laws of the Commonwealth or the non‑governing Territories; and
(d)
to prevent the reinvestment of proceeds, instruments, benefits, literary proceeds and unexplained wealth amounts in further criminal activities; and
(da)
to undermine the profitability of criminal enterprises; and
(e)
to enable law enforcement authorities effectively to trace proceeds, instruments, benefits, literary proceeds and unexplained wealth amounts; and
(f)
to give effect to Australia’s obligations under the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime, and other international agreements relating to proceeds of crime; and
(g)
to provide for confiscation orders and restraining orders made in respect of offences against the laws of the States or the *self‑governing Territories to be enforced in the other Territories.

Part 1‑3Outline of this Act 6General

This Act establishes a scheme to confiscate the proceeds of crime. It does this by:
(a)
setting out in Chapter 2 processes by which confiscation can occur; and
(b)
setting out in Chapter 3 ways in which Commonwealth law enforcement agencies can obtain information relevant to these processes; and
(c)
setting out in Chapter 4 related administrative matters.
It concludes with miscellaneous provisions and with definitions and other interpretive material.
Note: See also Part IAE of the Crimes Act 1914 (video link evidence).

7The confiscation scheme (Chapter 2)

Chapter 2 sets out a number of processes relating to confiscation:
(aa)
freezing orders limiting withdrawals from or transactions involving accounts with financial institutions before courts decide applications for restraining orders to cover the accounts (see Part 2‑1A); and
(a)
restraining orders prohibiting disposal of or dealing with property (see Part 2‑1); and
(b)
forfeiture orders under which property is forfeited to the Commonwealth (see Part 2‑2); and
(c)
forfeiture of property to the Commonwealth on conviction of a serious offence (see Part 2‑3); and
(d)
pecuniary penalty orders requiring payment of amounts based on benefits derived from committing offences (see Part 2‑4); and
(e)
literary proceeds orders requiring payment of amounts based on literary proceeds relating to offences (see Part 2‑5); and
(f)
unexplained wealth orders requiring payment of unexplained wealth amounts (see Part 2‑6).

8Information gathering (Chapter 3)

(1)
Chapter 3 sets out 5 ways to obtain information:
(a)
examining any person about the affairs of people covered by examination orders (see Part 3‑1); and
(b)
requiring people, under production orders, to produce property‑tracking documents or make them available for inspection (see Part 3‑2); and
(c)
requiring financial institutions to provide information and documents relating to accounts and transactions (see Part 3‑3); and
(d)
requiring financial institutions, under monitoring orders, to provide information about transactions over particular periods (see Part 3‑4); and
(e)
searching for and seizing tainted property or evidential material, either under search warrants or in relation to conveyances (see Part 3‑5).
(2)
Chapter 3 also authorises the disclosure, to certain authorities for certain purposes, of information obtained under that Chapter or certain other provisions (see Part 3‑6).

9Administration (Chapter 4)

Chapter 4 sets out the following administrative matters:
(a)
the powers and duties of the Official Trustee (see Part 4‑1);
(b)
the provision of legal assistance (see Part 4‑2);
(c)
the Confiscated Assets Account (see Part 4‑3);
(d)
charges over restrained property for payment of certain amounts (see Part 4‑4);
(e)
enforcement of interstate orders in certain Territories (see Part 4‑5).

10Miscellaneous (Chapter 5)

Chapter 5 deals with miscellaneous matters.

11Interpreting this Act (Chapter 6)

Chapter 6 contains the Dictionary, which sets out a list of all the terms that are defined in this Act. It also sets out the meanings of some important concepts.

Part 1‑4ApplicationDivision 1General12Act to bind Crown

(1)
This Act binds the Crown in right of the Commonwealth, each of the States and each of the *self‑governing Territories.
(2)
This Act does not make the Crown liable to be prosecuted for an offence.

13Act to apply both within and outside Australia

This Act extends, except so far as the contrary intention appears:
(a)
to acts, matters and things outside *Australia, whether or not in or over a foreign country; and
(b)
to all persons, irrespective of their nationality or citizenship.

14Application

This Act applies in relation to:
(a)
an offence committed at any time (whether or not any person is convicted of the offence); and
(b)
a person’s conviction of an offence at any time;
whether the offence or conviction occurred before or after the commencement of this Act.

14AConcurrent operation of State and Territory laws

(1)
This Act does not exclude or limit the operation of a law of a State or Territory to the extent that the law is capable of operating concurrently with this Act.
(2)
Subsection (1) does not apply to the *national unexplained wealth provisions.
Note: For the interaction between the national unexplained wealth provisions and a law of a State or Territory, see section 14L.

Division 2The national unexplained wealth provisionsSubdivision AGeneral14BConstitutional basis of the national unexplained wealth provisions

What this section is about
(1)
This section sets out the constitutional basis of the *national unexplained wealth provisions.
National unexplained wealth provisions
(2)
The national unexplained wealth provisions are:
(a)
the *main unexplained wealth provisions; and
(b)
the *participating jurisdiction information gathering provisions; and
(c)
the *unexplained wealth machinery and transitional provisions.
Main unexplained wealth provisions
(3)
The main unexplained wealth provisions are:
(a)
section 20A and Part 2‑6; and
(b)
the other provisions of this Act in so far as they relate to that section or that Part; and
(c)
instruments made under this Act for the purposes of a provision referred to in paragraph (a) or (b).
Participating jurisdiction information gathering provisions
(4)
The participating jurisdiction information gathering provisions are:
(a)
section 14M and Schedule 1; and
(b)
the other provisions of this Act in so far as they relate to that section or that Schedule; and
(c)
instruments made under this Act for the purposes of a provision referred to in paragraph (a) or (b).
Unexplained wealth machinery and transitional provisions
(5)
The unexplained wealth machinery and transitional provisions are:
(a)
the following provisions (the main machinery and transitional provisions):
(i)
sections 14A to 14L and 14N;
(ii)
the definitions of adoption Act, amendment reference, cooperating State, express amendment, information gathering, main machinery and transitional provisions, main unexplained wealth provisions, national unexplained wealth provisions, non‑participating State, participating jurisdiction information gathering provisions, participating State, post‑amended version 1 of this Act, post‑amended version 2 of this Act, pre‑amended version of this Act, referral Act, relevant law 1, relevant law 2, special confiscation law, text reference 1, text reference 2, unexplained wealth and unexplained wealth machinery and transitional provisions in section 338;
(iii)
Schedule 2; and
(b)
the other provisions of this Act in so far as they relate to any of the main machinery and transitional provisions; and
(c)
instruments made under this Act for the purposes of a provision referred to in paragraph (a) or (b).
Application in participating States
(6)
The application of the *national unexplained wealth provisions in a *participating State is based on:
(a)
the legislative powers that the Commonwealth Parliament has because of a reference or an adoption by the Parliaments of the participating States under paragraph 51(xxxvii) of the Constitution; and
(b)
the other legislative powers that the Commonwealth Parliament has under the Constitution.
Application in non‑participating States
(7)
The application of the *national unexplained wealth provisions (other than the *unexplained wealth machinery and transitional provisions) in a *non‑participating State is based on:
(a)
the legislative powers that the Commonwealth Parliament has under section 51 (other than paragraph 51(xxxvii)) and section 122 of the Constitution; and
(b)
the other legislative powers that the Commonwealth Parliament has under the Constitution.
(8)
The application of the *unexplained wealth machinery and transitional provisions in a *non‑participating State that:
(a)
was a *participating State because it had referred to the Commonwealth Parliament:
(i)
*text reference 1; and
(ii)
*text reference 2; and
(iii)
the *amendment reference; and
(b)
ceased to be a participating State because it terminated either or both of the following:
(i)
the referral of text reference 1;
(ii)
the referral of the amendment reference; and
(c)
has not terminated the referral of text reference 2;
is based on:
(d)
the legislative powers that the Commonwealth Parliament has because of the referral of text reference 2 under paragraph 51(xxxvii) of the Constitution; and
(e)
the other legislative powers that the Commonwealth Parliament has under the Constitution.
(9)
The application of the *unexplained wealth machinery and transitional provisions in a *non‑participating State that:
(a)
was a *participating State because it had:
(i)
adopted *post‑amended version 1 of this Act; and
(ii)
adopted *post‑amended version 2 of this Act; and
(iii)
referred to the Commonwealth Parliament the *amendment reference; and
(b)
ceased to be a participating State because it terminated either or both of the following:
(i)
the adoption of post‑amended version 1 of this Act;
(ii)
the referral of the amendment reference; and
(c)
has not terminated the adoption of post‑amended version 2 of this Act;
is based on:
(d)
the legislative powers that the Commonwealth Parliament has because of the adoption of post‑amended version 2 of this Act under paragraph 51(xxxvii) of the Constitution; and
(e)
the other legislative powers that the Commonwealth Parliament has under the Constitution.
(10)
The application of the *unexplained wealth machinery and transitional provisions in a *non‑participating State not covered by subsection (8) or (9) is based on:
(a)
the legislative powers that the Commonwealth Parliament has under section 51 (other than paragraph 51(xxxvii)) and section 122 of the Constitution; and
(b)
the other legislative powers that the Commonwealth Parliament has under the Constitution.
Application in a self‑governing Territory
(11)
The application of the *national unexplained wealth provisions in a *self‑governing Territory is based on:
(a)
the legislative powers that the Commonwealth Parliament has under section 122 of the Constitution to make laws for the government of a Territory; and
(b)
the other legislative powers that the Commonwealth Parliament has under the Constitution.
Despite section 2H of the Acts Interpretation Act 1901, the national unexplained wealth provisions as applying in a self‑governing Territory are laws of the Commonwealth.
Application outside Australia
(12)
The application of the *national unexplained wealth provisions outside *Australia is based on:
(a)
the legislative powers that the Commonwealth Parliament has under paragraph 51(xxix) of the Constitution; and
(b)
the legislative powers that the Commonwealth Parliament has under section 51 (other than paragraph 51(xxix)) and section 122 of the Constitution; and
(c)
the other legislative powers that the Commonwealth Parliament has under the Constitution.

14CWhat is a participating State?

Participating State
(1)
A State is a participating State if, for the purposes of paragraph 51(xxxvii) of the Constitution, the Parliament of the State:
(a)
has, by its *referral Act, referred to the Commonwealth Parliament:
(i)
*text reference 1 (see subsection (2)); and
(ii)
*text reference 2 (see subsection (3)); and
(iii)
the *amendment reference (see subsection (4));
before the enactment of the Unexplained Wealth Legislation Amendment Act 2018; or
(b)
has, by its *adoption Act:
(i)
adopted *post‑amended version 1 of this Act (see subsection (5)); and
(ii)
adopted *post‑amended version 2 of this Act (see subsection (6)); and
(iii)
referred to the Commonwealth Parliament the amendment reference;
after the enactment of the Unexplained Wealth Legislation Amendment Act 2018.
Text reference 1
(2)
Text reference 1 of a State means the matters to which the *pre‑amended version of this Act would relate if *express amendments were made to it in the terms, or substantially in the terms, of *relevant law 1, but excluding matters to which the pre‑amended version of this Act otherwise relates.
Text reference 2
(3)
Text reference 2 of a State means the matters to which the *pre‑amended version of this Act would relate if *express amendments were made to it in the terms, or substantially in the terms, of *relevant law 2, but excluding matters to which the pre‑amended version of this Act otherwise relates.
Amendment reference
(4)
The amendment reference of a State means the matters relating to:
(a)
*unexplained wealth (see section 14D); and
(b)
*information gathering (see section 14E);
to the extent of making laws with respect to those matters by making *express amendments of this Act.
Post‑amended version 1 of this Act
(5)
Post‑amended version 1 of this Act, in relation to the *adoption Act of a State, means this Act as amended by:
(a)
*relevant law 1; and
(b)
any other *express amendments of this Act that:
(i)
were enacted at any time after the enactment of relevant law 1 but before the enactment of the adoption Act; and
(ii)
were not amendments of the *main machinery and transitional provisions (see subsection 14B(5));
to the extent that this Act as so amended is a law with respect to *text reference 1 or the *amendment reference referred to the Commonwealth Parliament by the Parliament of another State for the purposes of paragraph 51(xxxvii) of the Constitution.
Post‑amended version 2 of this Act
(6)
Post‑amended version 2 of this Act, in relation to the *adoption Act of a State, means this Act as amended by:
(a)
*relevant law 2; and
(b)
any other *express amendments of this Act that:
(i)
were enacted at any time after the enactment of relevant law 2 but before the enactment of the adoption Act; and
(ii)
were amendments of the *main machinery and transitional provisions (see subsection 14B(5));
to the extent that this Act as so amended is a law with respect to *text reference 2 or the *amendment reference referred to the Commonwealth Parliament by the Parliament of another State for the purposes of paragraph 51(xxxvii) of the Constitution.
Certain things do not affect a participating State’s status
(7)
A State is a participating State even if the State’s *referral Act or *adoption Act provides that:
(a)
the reference to the Commonwealth Parliament of *text reference 1, *text reference 2 or the *amendment reference is to terminate in particular circumstances; or
(b)
the adoption of *post‑amended version 1 of this Act or *post‑amended version 2 of this Act is to terminate in particular circumstances; or

(c)
the reference to the Commonwealth Parliament of the amendment reference does not include the matter of including a provision in section 20A or Part 2‑6 that:
(i)
requires a person pay an amount otherwise than by order of a court; or
(ii)
requires or permits property (within the meaning of subsection 14D(2)) to be restrained, forfeited or seized otherwise than by order of a court; or
(d)
the reference to the Commonwealth Parliament of text reference 1, text reference 2 or the amendment reference has effect only:
(i)
if and to the extent that the matter is not included in the legislative powers of the Commonwealth Parliament (otherwise than by a reference under paragraph 51(xxxvii) of the Constitution); or
(ii)
if and to the extent that the matter is included in the legislative powers of the Parliament of the State.
When a State ceases to be a participating State
(8)
A State ceases to be a participating State if:
(a)
in the case where the Parliament of the State has referred to the Commonwealth Parliament *text reference 1 and *text reference 2—either or both of those references terminate; or
(b)
in the case where the Parliament of the State has adopted the *post‑amended version 1 of this Act and *post‑amended version 2 of this Act—either or both of those adoptions terminate.
(9)
A State ceases to be a participating State if:
(a)
the State’s referral of the *amendment reference terminates; and
(b)
subsection (10) does not apply to the termination.
(10)
A State does not cease to be a participating State because of the termination of its referral of the *amendment reference if:
(a)
the termination is effected by the Governor of that State fixing a day by proclamation as the day on which the reference terminates; and
(b)
the day fixed is no earlier than the first day after the end of the period of 6 months beginning on the day on which the proclamation is published; and
(c)
that State’s amendment reference, and the amendment reference of every other State, terminates on the same day.
Other definitions
(11)
In this Act:
adoption Act, of a State, means the Act of the State that:
(a)
adopts *post‑amended version 1 of this Act; and
(b)
adopts *post‑amended version 2 of this Act; and
(c)
refers the *amendment reference to the Commonwealth Parliament.
express amendment of this Act means the direct amendment of the text of this Act (whether by the insertion, omission, repeal, substitution or relocation of words or matter) by another Commonwealth Act or by an instrument under a Commonwealth Act, but does not include the enactment by a Commonwealth Act of a provision that has, or will have, substantive effect otherwise than as part of the text of this Act.
pre‑amended version of this Act, in relation to the *referral Act of a State, means this Act as originally enacted and as subsequently amended by amendments enacted at any time before the enactment of the referral Act of the State.
referral Act, of a State, means the Act of the State that refers *text reference 1, *text reference 2 and the *amendment reference to the Commonwealth Parliament.
relevant law 1 means Schedules 2 and 4 to the Unexplained Wealth Legislation Amendment Act 2018.
relevant law 2 means Schedule 1 to the Unexplained Wealth Legislation Amendment Act 2018.

14DMeaning of unexplained wealth

(1)
For the purposes of the *amendment reference of a State (see subsection 14C(4)), unexplained wealth means property or wealth that might not have been lawfully acquired.
(2)
The meaning of lawfully acquired, property and wealth in subsection (1) includes, but is not limited to, the meaning of those terms in this Act as in force immediately before the enactment of the first *referral Act of a State.

14EMeaning of information gathering

For the purposes of the *amendment reference of a State (see subsection 14C(4)), information gathering means the production or provision of information for the purposes of, or relevant to, the taking of action, or the institution of proceedings, under a law of the State.

14FWhen a non‑participating State is a cooperating State

States that have referred text references 1 and 2
(1)
A *non‑participating State is a cooperating State if:
(a)
an *express amendment of section 14G or 14J (about rollback), or Division 2 of Part 4‑3 (about sharing proceeds), was enacted; and
(b)
before the amendment was enacted, the State was a *participating State; and
(c)
after the amendment was enacted, the State ceased to be a participating State because it terminated either or both of the following:
(i)
the referral of *text reference 1;
(ii)
the referral of the *amendment reference; and
(d)
the termination was effected by a proclamation that was made under the State’s *referral Act for the purposes of this section; and
(e)
the State has not terminated its referral of *text reference 2.
Note: Under Division 2 of Part 4‑3 (which is about sharing proceeds of confiscated assets under the national cooperative scheme), a non‑participating State that is a cooperating State is treated in the same way as a participating State.
States that have adopted the post‑amended versions of this Act
(2)
A *non‑participating State is also a cooperating State if:
(a)
an *express amendment of section 14G or 14J (about rollback), or Division 2 of Part 4‑3 (about sharing proceeds), was enacted; and
(b)
before the amendment was enacted, the State was a *participating State; and
(c)
after the amendment was enacted, the State ceased to be a participating State because it terminated either or both of the following:
(i)
the adoption of *post‑amended version 1 of this Act;
(ii)
the referral of the *amendment reference; and
(d)
the termination was effected by a proclamation that was made under the State’s *adoption Act for the purposes of this section; and
(e)
the State has not terminated its adoption of *post‑amended version 2 of this Act.
(3)
Despite subsections (1) and (2), a *non‑participating State ceases to be, or is not, a cooperating State if a declaration under subsection (4) is in force in relation to the State.
(4)
The Minister may, by legislative instrument, declare that a State is not a *cooperating State.
(5)
A declaration made under subsection (4) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration.

Subdivision BRollback of particular express amendments14GEffect of rollback by participating States on unexplained wealth proceedings

When this section applies
(1)
This section applies if:
(a)
a proclamation is made under the *referral Act or *adoption Act of a *participating State for the purposes of this section; and
(b)
the proclamation declares that an *express amendment of this Act (other than this Subdivision) is not to apply to proceedings covered by subsection (3), (4) or (5); and
(c)
the proclamation comes into force in the period of 6 months beginning on the day the amendment is enacted.
Application of this Act to proceedings
(2)
This Act applies to the proceedings as if the amendment had not been enacted.
Proceedings for restraining orders
(3)
Proceedings are covered by this subsection if:
(a)
the proceedings are instituted while the proclamation is in force; and
(b)
the proceedings are for the making of a *restraining order under section 20A in relation to a *suspect; and
(c)
the affidavit supporting the application for the order states that an *authorised officer suspects either or both of the following:
(i)
that the suspect has committed a *relevant offence of a *participating State;
(ii)
that the whole or any part of the suspect’s *wealth was derived from a relevant offence of a participating State.
Proceedings for unexplained wealth orders
(4)
Proceedings are covered by this subsection if:
(a)
the proceedings are instituted while the proclamation is in force; and
(b)
the proceedings are for the making of an *unexplained wealth order (including a *preliminary unexplained wealth order) in relation to a *suspect; and
(c)
the application for the order states that an *authorised officer suspects that the whole or any part of the suspect’s *wealth was derived from a *relevant offence of a *participating State.
Proceedings for other orders
(5)
Proceedings are covered by this subsection if:
(a)
the proceedings are instituted while the proclamation is in force; and
(b)
the proceedings are for the making of an order that relates to:
(i)
a *restraining order made in proceedings covered by subsection (3); or
(ii)
an *unexplained wealth order (including a *preliminary unexplained wealth order) made in proceedings covered by subsection (4).

14HEffect of rollback by self‑governing Territories on unexplained wealth proceedings

When this section applies
(1)
This section applies if:
(a)
a law (the disapplying law) of a *self‑governing Territory is made for the purposes of this section; and
(b)
the law declares that an *express amendment of this Act (other than this Subdivision) is not to apply to proceedings covered by subsection (3), (4) or (5); and
(c)
the disapplying law comes into force in the period of 6 months beginning on the day the amendment is enacted.
Application of this Act to proceedings
(2)
This Act applies to the proceedings as if the amendment had not been enacted.
Proceedings for restraining orders
(3)
Proceedings are covered by this subsection if:
(a)
the proceedings are instituted while the disapplying law is in force; and
(b)
the proceedings are for the making of a *restraining order under section 20A in relation to a *suspect; and
(c)
the affidavit supporting the application for the order states that an*authorised officer suspects either or both of the following:
(i)
that the suspect has committed a *Territory offence;
(ii)
that the whole or any part of the suspect’s *wealth was derived from a Territory offence.
Proceedings for unexplained wealth orders
(4)
Proceedings are covered by this subsection if:
(a)
the proceedings are instituted while the disapplying law is in force; and
(b)
the proceedings are for the making of an *unexplained wealth order (including a *preliminary unexplained wealth order) in relation to a *suspect; and
(c)
the application for the order states that an *authorised officer suspects that the whole or any part of the suspect’s *wealth was derived from a *Territory offence.
Proceedings for other orders
(5)
Proceedings are covered by this subsection if:
(a)
the proceedings are instituted while the disapplying law is in force; and
(b)
the proceedings are for the making of an order that relates to:
(i)
a *restraining order that has been made in proceedings covered by subsection (3); or
(ii)
an *unexplained wealth order (including a *preliminary unexplained wealth order) that has been made in proceedings covered by subsection (4).

14JEffect of rollback by participating States on action taken under State reference information gathering provisions

When this section applies
(1)
This section applies if:
(a)
a proclamation is made under the *referral Act or *adoption Act of a *participating State for the purposes of this section; and
(b)
the proclamation declares that an *express amendment of this Act (other than this Subdivision) is not to apply to:
(i)
an application covered by subsection (3); or
(ii)
an order made as a result of an application covered by subsection (3); or
(iii)
a notice covered by subsection (4); and
(c)
the proclamation comes into force in the period of 6 months beginning on the day the amendment is enacted.
Application of this Act to the application, order or notice
(2)
This Act applies to the application, order or notice as if the amendment had not been enacted.
Applications for production orders
(3)
This subsection covers an application if:
(a)
the application is made while the proclamation is in force; and
(b)
the application is for the making of a *production order under clause 1 of Schedule 1; and
(c)
the application is made by an *authorised State/Territory officer of the State.
Notices to financial institutions
(4)
This subsection covers a notice if:
(a)
the notice is given while the proclamation is in force; and
(b)
the notice is given to a *financial institution under clause 12 of Schedule 1; and
(c)
the notice is given by an official of the State specified in subclause 12(3) of Schedule 1.

14KEffect of rollback by self‑governing Territories on action taken under State reference information gathering provisions

When this section applies
(1)
This section applies if:
(a)
a law (the disapplying law) of a *self‑governing Territory is made for the purposes of this section; and
(b)
the disapplying law declares that an *express amendment of this Act (other than this Subdivision) is not to apply to:
(i)
an application covered by subsection (3); or
(ii)
an order made as a result of an application covered by subsection (3); or
(iii)
a notice covered by subsection (4); and
(c)
the disapplying law comes into force in the period of 6 months beginning on the day the amendment is enacted.
Application of this Act to the application, order or notice
(2)
This Act applies to the application, order or notice as if the amendment had not been enacted.
Applications for production orders
(3)
This subsection covers an application if:
(a)
the application is made while the disapplying law is in force; and
(b)
the application is for the making of a *production order under clause 1 of Schedule 1; and
(c)
the application is made by an *authorised State/Territory officer of the Territory.
Notices to financial institutions
(4)
This subsection covers a notice if:
(a)
the notice is given while the disapplying law is in force; and
(b)
the notice is given to a *financial institution under clause 12 of Schedule 1; and
(c)
the notice is given by an official of the Territory specified in subclause 12(3) of Schedule 1.

Subdivision CInteraction of the national unexplained wealth provisions and orders with State and Territory laws and orders14LConcurrent operation of State and Territory laws with national unexplained wealth provisions

Concurrent operation of laws
(1)
The *national unexplained wealth provisions do not exclude or limit the operation of a law of a State or Territory (including a *special confiscation law) to the extent that the law is capable of operating concurrently with those provisions.
(2)
A *corresponding law of a State or Territory is a special confiscation law while the State is a *participating State or the Territory is a *self‑governing Territory.
(3)
Without limiting subsection (1), the *national unexplained wealth provisions do not exclude or limit the concurrent operation of a *special confiscation law merely because:
(a)
that law, or an order made under that law:
(i)
prevents or restricts a person from disposing of, or dealing with, property (for example, by way of a restraining order made under that law); or
(ii)
confiscates or forfeits property of a person (for example, by way of a forfeiture order made under that law); or
(iii)
requires the person to pay an amount (for example, by way of an unexplained wealth order made under that law); or
(iv)
deals with a matter prescribed by the regulations; and
(b)
the national unexplained wealth provisions, or an order made under those provisions, also:
(i)
prevent or restrict the person from disposing of, or dealing with, the property (for example, by way of a restraining order under section 20A); or
(ii)
require the person to pay an amount (for example, by way of an *unexplained wealth order); or
(iii)
deal with a matter prescribed by the regulations.
(4)
Subsection (3) applies even if the *special confiscation law, or order made under that law, does any one or more of the following:
(a)
prevents or restricts a person from disposing of, or dealing with, property in circumstances in which a *restraining order under section 20A could not be obtained to prevent or restrict such disposal or dealing;
(b)
prevents or restricts, in particular circumstances, disposal of, or dealing with, more or less property than could be covered by a restraining order under section 20A in those circumstances;
(c)
prevents or restricts disposal of, or dealing with, property that is or could be excluded from a restraining order under section 20A;
(d)
confiscates or forfeits, in particular circumstances, property of a greater or lesser value than the *unexplained wealth amount of a person under an *unexplained wealth order that is or could be made in those circumstances;
(e)
requires payment of an amount that is greater or lesser than the amount that is or could be payable under an unexplained wealth order;
(f)
deals with a matter prescribed by the regulations.
This section does not affect section 14A
(5)
This section does not by implication affect section 14A (which deals with the concurrent operation of this Act, except the *national unexplained wealth provisions, and laws of States and Territories).
Application of this section
(6)
This section applies in relation to the operation of the *national unexplained wealth provisions and a law of a *participating State or *self‑governing Territory in the period referred to in subsection (7), including in relation to:
(a)
orders that are made under a *special confiscation law in that period in relation to proceedings that are instituted under the special confiscation law before or in that period; and
(b)
orders that are made under a special confiscation law before that period and that are in force at any time in that period; and
(c)
orders that are made under the national unexplained wealth provisions in that period in relation to proceedings that are instituted under the national unexplained wealth provisions before or in that period.
(7)
For the purposes of subsection (6), the period is as follows:
(a)
for a *participating State that has a *referral Act—the period starts at the commencement of this section and ends only if the State ceases to be a participating State, in which case, the period ends at the time the State so ceases;
(b)
for a participating State that has an *adoption Act—the period starts at the commencement of the State’s adoption Act and ends only if the State ceases to be a participating State, in which case, the period ends at the time the State so ceases;
(c)
for a *self‑governing Territory—the period starts at the commencement of this section and does not end.

Subdivision DOther matters14MInformation gathering by participating States and self‑governing Territories

Schedule 1 has effect.

14NTransitional, application and saving provisions relating to the national cooperative scheme on unexplained wealth

Schedule 2 has effect.

Chapter 2The confiscation schemePart 2‑1AFreezing orders15ASimplified outline of this Part

A freezing order can be made against an account with a financial institution if:
(a)
there are grounds to suspect the account balance reflects proceeds or an instrument of certain offences; and
(b)
a magistrate is satisfied that, unless the order is made, there is a risk that the balance of the account will be reduced so that a person will not be deprived of all or some of the proceeds or instrument.

Division 1Making freezing orders15BMaking freezing orders

(1)
A magistrate must order that a *financial institution not allow a withdrawal from or transaction involving an *account with the institution, except in the manner and circumstances specified in the order, if:
(a)
an *authorised officer described in paragraph (a), (aa), (b) or (c) of the definition of authorised officer in section 338 applies for the order in accordance with Division 2; and
(b)
there are reasonable grounds to suspect that the balance of the account:
(i)
is *proceeds of an *indictable offence, a *foreign indictable offence or an *indictable offence of Commonwealth concern (whether or not the identity of the person who committed the offence is known); or
(ii)
is wholly or partly an *instrument of a *serious offence; and
(c)
the magistrate is satisfied that, unless an order is made under this section, there is a risk that the balance of the account will be reduced so that a person will not be deprived of all or some of such proceeds or such an instrument.
Note 1: Paragraphs (a), (aa), (b) and (c) of the definition of authorised officer in section 338 cover certain persons performing functions under this Act for the Australian Federal Police, the National Anti‑Corruption Commission, the Australian Crime Commission and the Immigration and Border Protection Department.

Note 2: The balance of the account may be proceeds of an offence even though the balance is only partly derived from the offence: see section 329.
(2)
An order made under subsection (1) covers the balance of the *account from time to time.
Order need not be based on commission of particular offence
(3)
The reasonable grounds referred to in paragraph (1)(b), and the satisfaction referred to in paragraph (1)(c), need not be based on a finding as to the commission of a particular offence.

Division 2How freezing orders are obtained15CAffidavit supporting application made in person

If an *authorised officer applies in person to a magistrate for a *freezing order relating to an *account with a *financial institution, the application must be supported by an affidavit of an authorised officer described in paragraph (a), (aa), (b) or (c) of the definition of authorised officer in section 338:
(a)
setting out sufficient information to identify the account (for example, the account number); and
(b)
identifying the financial institution; and
(c)
setting out the grounds to suspect that the balance of the account:
(i)
is *proceeds of an *indictable offence, a *foreign indictable offence or an *indictable offence of Commonwealth concern; or
(ii)
is wholly or partly an *instrument of a *serious offence; and
(d)
setting out the grounds on which a person could be satisfied that, unless the order is made, there is a risk that the balance of the account will be reduced so that a person will not be deprived of all or some of such proceeds or of such an instrument.
Note: Paragraphs (a), (aa), (b) and (c) of the definition of authorised officer in section 338 cover certain persons performing functions under this Act for the Australian Federal Police, the National Anti‑Corruption Commission, the Australian Crime Commission and the Immigration and Border Protection Department.

15DApplying for freezing orders by telephone or other electronic means

(1)
An *authorised officer described in paragraph (a), (aa), (b) or (c) of the definition of authorised officer in section 338 may apply to a magistrate for a *freezing order by telephone, fax or other electronic means:
(a)
in an urgent case; or
(b)
if the delay that would occur if an application were made in person would frustrate the effectiveness of the order.
Note: Paragraphs (a), (aa), (b) and (c) of the definition of authorised officer in section 338 cover certain persons performing functions under this Act for the Australian Federal Police, the National Anti‑Corruption Commission, the Australian Crime Commission and the Immigration and Border Protection Department.
(2)
An application under subsection (1):
(a)
must include all information that would be required in an ordinary application for a *freezing order and supporting affidavit; and
(b)
if necessary, may be made before the affidavit is sworn.
(3)
The magistrate may require:
(a)
communication by voice to the extent that it is practicable in the circumstances; and
(b)
any further information.

15EMaking order by telephone etc.

(1)
The magistrate may complete and sign the same form of *freezing order that would be made under section 15B if satisfied that:
(a)
a freezing order should be issued urgently; or
(b)
the delay that would occur if an application were made in person would frustrate the effectiveness of the order.
(2)
If the magistrate makes the *freezing order, he or she must inform the applicant, by telephone, fax or other electronic means, of the terms of the order and the day on which and the time at which it was signed.
(3)
The applicant must then:
(a)
complete a form of *freezing order in terms substantially corresponding to those given by the magistrate; and
(b)
state on the form:
(i)
the name of the magistrate; and
(ii)
the day on which the order was signed; and
(iii)
the time at which the order was signed.
(4)
The applicant must give the magistrate the form of *freezing order completed by the applicant by the end of:
(a)
the second *working day after the magistrate makes the order; or
(b)
the first working day after the magistrate makes the order, if it is served on the *financial institution concerned before the first working day after the magistrate makes the order.
(5)
If, before the magistrate made the *freezing order, the applicant did not give the magistrate an affidavit supporting the application and meeting the description in section 15C, the applicant must do so by the time by which the applicant must give the magistrate the form of freezing order completed by the applicant.
(6)
If the applicant does not comply with subsection (5), the *freezing order is taken never to have had effect.
(7)
The magistrate must attach the form of *freezing order completed by the magistrate to the documents provided under subsection (4) and (if relevant) subsection (5).

15FUnsigned freezing orders in court proceedings

If:
(a)
it is material, in any proceedings, for a court to be satisfied that a *freezing order applied for under section 15D was duly made; and
(b)
the form of freezing order signed by the magistrate is not produced in evidence;
the court must assume that the order was not duly made unless the contrary is proved.

15FAProhibition of publication of evidence – proceedings for freezing orders

(1)
If an *authorised officer applies to a magistrate for a *freezing order in accordance with this Division, the magistrate may make an order under subsection (2).
(2)
If it appears to the magistrate to be necessary in order to prevent prejudice to the administration of justice, the magistrate may make an order prohibiting or restricting the publication of all or any of the following matters:
(a)
if the application is made under section 15C (in person)—the matters referred to in that section that are contained in an affidavit made in support of the application;
(b)
if the application is made under section 15D (by telephone or other electronic means)—the matters referred to in paragraph 15D(2)(a) that are contained, or that are to be contained, in an affidavit made in support of the application.
(3)
The magistrate may make an order under subsection (2) at any time after the application is made and before it is determined.
(4)
The power conferred by subsection (2) is in addition to, and is not taken to derogate from, any other power of the magistrate.

15GOffence for making false statements in applications

A person commits an offence if:
(a)
the person makes a statement (whether orally, in a document or in any other way); and
(b)
the statement:
(i)
is false or misleading; or
(ii)
omits any matter or thing without which the statement is misleading; and
(c)
the statement is made in, or in connection with, an application for a *freezing order.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.

15HOffences relating to orders made under section 15E

Offence for stating incorrect names in telephone orders
(1)
A person commits an offence if:
(a)
the person states a name of a magistrate in a document; and
(b)
the document purports to be a form of *freezing order under section 15E; and
(c)
the name is not the name of the magistrate who made the order.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
Offence for unauthorised form of order
(2)
A person commits an offence if:
(a)
the person states a matter in a form of *freezing order under section 15E; and
(b)
the matter departs in a material particular from the order made by the magistrate.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
Offence for service of unauthorised form of order
(3)
A person commits an offence if:
(a)
the person presents a document to a person; and
(b)
the document purports to be a form of *freezing order under section 15E; and
(c)
the document:
(i)
has not been approved by a magistrate under that section; or
(ii)
departs in a material particular from the terms given by the magistrate under that section.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
Offence for giving form of order different from that served
(4)
A person commits an offence if:
(a)
the person gives a magistrate a form of *freezing order under section 15E relating to a *financial institution; and
(b)
the person does so after presenting to the financial institution a document purporting to be a form of the freezing order; and
(c)
the form given to the magistrate is not in the same form as the document presented to the financial institution.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.

Division 3Giving effect to freezing orders15JService of freezing order etc. on financial institution and account‑holder

(1)
If a magistrate makes a *freezing order relating to an *account with a *financial institution, the applicant for the order must cause the things described in subsection (2) to be given to:
(a)
the financial institution; and
(b)
each person in whose name the account is held.
(2)
The things are as follows:
(a)
a copy of the order (or of a form of the order under section 15E);
(b)
a written statement of the name and contact details of the *enforcement agency mentioned in the paragraph of the definition of authorised officer in section 338 that describes the applicant.
Note: If the copy of the order is given to the financial institution after the end of the first working day after the order is made, the order does not come into force: see subsection 15N(1).

15KFreezing order does not prevent withdrawals or transactions to enable financial institution to meet its liabilities

A *freezing order relating to an *account with a *financial institution does not prevent the institution from allowing a withdrawal from or transaction involving the account to enable the institution to meet a liability imposed on the institution by or under a written law of the Commonwealth, a State or a Territory.

15LOffence for contravening freezing orders

A *financial institution commits an offence if:
(a)
the institution allows a withdrawal from or transaction involving an *account with the institution; and
(b)
there is a *freezing order relating to the account; and
(c)
allowing the withdrawal or transaction contravenes the order.
Penalty: Imprisonment for 5 years or 300 penalty units or both.

15MProtection from suits etc. for those complying with orders

No action, suit or proceeding lies against:
(a)
a *financial institution; or
(b)
an *officer or *agent of the institution acting in the course of that person’s employment or agency;
in relation to any action taken by the institution or person in complying with a *freezing order or in the mistaken belief that action was required under a freezing order.
Note: This section does not affect any action that may lie against anyone else for the making or operation of a freezing order.

Division 4Duration of freezing orders15NWhen a freezing order is in force

(1)
A *freezing order relating to an *account with a *financial institution comes into force when a copy of the order (or of a form of the order under section 15E) is given to the institution. However, the order does not come into force if the copy is given to the institution after the end of the first *working day after the order is made.
(2)
The *freezing order remains in force until:
(a)
the end of the period specified in the order (as affected by section 15P if relevant) from when the copy of the order was given to the institution; or
(b)
if, before the end of that period, a court makes a decision on an application for a *restraining order to cover the *account—the time the court makes that decision.
(3)
The *freezing order, as originally made, must not specify a period of more than 3 *working days.

15POrder extending a freezing order

(1)
A magistrate may make an order extending the period specified in a *freezing order made in relation to an *account with a *financial institution if:
(a)
an *authorised officer described in paragraph (a), (aa), (b) or (c) of the definition of authorised officer in section 338 applies for the extension; and
(b)
the magistrate is satisfied that an application has been made to a court (but not decided by the court) for a *restraining order to cover the account (whether or not the restraining order is also to cover other property).
Note: Paragraphs (a), (aa), (b) and (c) of the definition of authorised officer in section 338 cover certain persons performing functions under this Act for the Australian Federal Police, the National Anti‑Corruption Commission, the Australian Crime Commission and the Immigration and Border Protection Department.
(2)
The extension may be for:
(a)
a specified number of *working days; or
(b)
the period ending when the court decides the application for the *restraining order.
(3)
The extension does not have effect unless a copy of the order for the extension is given to the *financial institution before the time the *freezing order would cease to be in force apart from the extension.
(4)
The following provisions apply in relation to an order extending a *freezing order in a way corresponding to the way in which they apply in relation to a freezing order:
(a)
Division 2 (except paragraphs 15C(c) and (d));
(b)
section 15J (except the note to that section).
(5)
Division 2 applies because of subsection (4) as if:
(a)
section 15C also required that an affidavit supporting an application:
(i)
identify the *freezing order; and
(ii)
state that an application has been made for a *restraining order to cover the *account; and
(b)
the reference in subsection 15E(1) to section 15B were a reference to subsection (1) of this section.

Division 5Varying scope of freezing orders15QMagistrate may vary freezing order to allow withdrawals or transactions to meet reasonable expenses

(1)
A magistrate may vary a *freezing order relating to an *account with a *financial institution so that the institution may allow a withdrawal from or transaction involving the account to meet one or more of the following relating to a person in whose name the account is held:
(a)
the reasonable living expenses of the person;
(b)
the reasonable living expenses of any of the *dependants of the person;
(c)
the reasonable business expenses of the person;
(d)
a specified debt incurred in good faith by the person.
(2)
The magistrate may vary the *freezing order only if:
(a)
a person in whose name the *account is held has applied for the variation; and
(b)
the person has given written notice of the application and the grounds for the application to the *enforcement agency mentioned in the paragraph of the definition of authorised officer in section 338 that describes the *authorised officer who applied for the freezing order; and
(c)
the magistrate 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:
(i)
proceedings under this Act; or
(ii)
proceedings for an offence against a law of the Commonwealth, a State or a Territory; and
(d)
the magistrate is satisfied that the person cannot meet the expense or debt out of property that is not covered by:
(i)
a freezing order; or
(ii)
a *restraining order; or
(iii)
an *interstate restraining order; or
(iv)
a *foreign restraining order that is registered under the *Mutual Assistance Act.
(3)
The variation does not take effect until written notice of it is given to the *financial institution.

Division 6Revoking freezing orders15RApplication to revoke a freezing order

(1)
A person may apply to a magistrate to revoke a *freezing order.
(2)
The applicant for the revocation must give written notice of the application and the grounds on which the revocation is sought to the *enforcement agency mentioned in the paragraph of the definition of authorised officer in section 338 that describes the *authorised officer who applied for the *freezing order.
(3)
One or more of the following may adduce additional material to the magistrate relating to the application to revoke the *freezing order:
(a)
the *authorised officer who applied for the freezing order;
(b)
the authorised officer whose affidavit supported the application for the freezing order;
(c)
another authorised officer described in the paragraph of the definition of authorised officer in section 338 that describes the authorised officer mentioned in paragraph (a) or (b) of this subsection.
(4)
The magistrate may revoke the *freezing order if satisfied that it is in the interests of justice to do so.

15SNotice of revocation of a freezing order

(1)
If a *freezing order relating to an *account with a *financial institution is revoked under section 15R, an *authorised officer (the notifying officer) described in the paragraph of the definition of authorised officer in section 338 that describes the authorised officer who applied for the freezing order must cause written notice of the revocation to be given to:
(a)
the financial institution; and
(b)
each person in whose name the account is held.
(2)
However, the notifying officer need not give notice to the applicant for the revocation.
(3)
Subsection (1) does not require more than one *authorised officer to cause notice of the revocation to be given.

Part 2‑1Restraining orders16Simplified outline of this Part

Restraining orders can be made against property, in relation to certain offences, on grounds that relate to possible forfeiture or confiscation orders relating to those offences. (There is not always a requirement that a person has been convicted of such an offence.)

Division 1Making restraining orders17Restraining orders – people convicted of or charged with indictable offences

When a restraining order must be made
(1)
A court with *proceeds jurisdiction must order that:
(a)
property must not be disposed of or otherwise dealt with by any person; or
(b)
property must not be disposed of or otherwise dealt with by any person except in the manner and circumstances specified in the order;
if:
(c)
a *proceeds of crime authority applies for the order; and
(d)
a person has been convicted of, or has been charged with, an *indictable offence, or it is proposed that he or she be charged with an indictable offence; and
(e)
any affidavit requirements in subsection (3) for the application have been met; and
(f)
(unless there are no such requirements) the court is satisfied that the *authorised officer who made the affidavit holds the suspicion or suspicions stated in the affidavit on reasonable grounds.
Property that a restraining order may cover
(2)
The order must specify, as property that must not be disposed of or otherwise dealt with, the property specified in the application for the order, to the extent that the court is satisfied that there are reasonable grounds to suspect that that property is any one or more of the following:
(a)
all or specified property of the *suspect;
(aa)
all or specified *bankruptcy property of the suspect;
(b)
all property of the suspect other than specified property;
(ba)
all bankruptcy property of the suspect other than specified bankruptcy property;
(c)
specified property of another person (whether or not that other person’s identity is known) that is subject to the *effective control of the suspect;
(d)
specified property of another person (whether or not that other person’s identity is known) that is *proceeds of the offence or an *instrument of the offence.
Affidavit requirements
(3)
The application for the order must be supported by an affidavit of an *authorised officer stating:
(a)
if the *suspect has not been convicted of an indictable offence—that the authorised officer suspects that the suspect committed the offence; and
(b)
if the application is to restrain property of a person other than the suspect but not to restrain *bankruptcy property of the suspect—that the authorised officer suspects that:
(i)
the property is subject to the *effective control of the suspect; or
(ii)
the property is *proceeds of the offence or an *instrument of the offence.
The affidavit must include the grounds on which the *authorised officer holds those suspicions.
Refusal to make a restraining order
(4)
Despite subsection (1), the court may refuse to make a *restraining order in relation to an *indictable offence that is not a *serious offence if the court is satisfied that it is not in the public interest to make the order.

Note: A court can also refuse to make a restraining order if the Commonwealth refuses to give an undertaking: see section 21.
Risk of property being disposed of etc.
(5)
The court must make a *restraining order even if there is no risk of the property being disposed of or otherwise dealt with.
Later acquisitions of property
(6)
The court may specify that a *restraining order covers property that is acquired by the *suspect after the court makes the order. Otherwise, no property that is acquired after a court makes a restraining order is covered by the order.

18Restraining orders – people suspected of committing serious offences

When a restraining order must be made
(1)
A court with *proceeds jurisdiction must order that:
(a)
property must not be disposed of or otherwise dealt with by any person; or
(b)
property must not be disposed of or otherwise dealt with by any person except in the manner and circumstances specified in the order;
if:
(c)
a *proceeds of crime authority applies for the order; and
(d)
there are reasonable grounds to suspect that a person has committed a *serious offence; and
(e)
any affidavit requirements in subsection (3) for the application have been met; and
(f)
the court is satisfied that the *authorised officer who made the affidavit holds the suspicion or suspicions stated in the affidavit on reasonable grounds.
Note: A court can refuse to make a restraining order if the Commonwealth refuses to give an undertaking: see section 21.
Property that a restraining order may cover
(2)
The order must specify, as property that must not be disposed of or otherwise dealt with, the property specified in the application for the order, to the extent that the court is satisfied that there are reasonable grounds to suspect that that property is any one or more of the following:
(a)
all or specified property of the *suspect;
(aa)
all or specified *bankruptcy property of the suspect;
(b)
all property of the suspect other than specified property;
(ba)
all bankruptcy property of the suspect other than specified bankruptcy property;
(c)
specified property of another person (whether or not that other person’s identity is known) that is subject to the *effective control of the suspect;
(d)
specified property of another person (whether or not that other person’s identity is known) that is:
(i)
in any case—*proceeds of the offence; or
(ii)
if the offence to which the order relates is a *serious offence—an *instrument of the offence.
Affidavit requirements
(3)
The application for the order must be supported by an affidavit of an *authorised officer stating:
(a)
that the authorised officer suspects that the *suspect committed the offence; and
(b)
if the application is to restrain property of a person other than the suspect but not to restrain *bankruptcy property of the suspect—that the authorised officer suspects that:
(i)
the property is subject to the *effective control of the suspect; or
(ii)
in any case—the property is *proceeds of the offence; or
(iii)
if the offence to which the order relates is a *serious offence—the property is an *instrument of the offence.
The affidavit must include the grounds on which the *authorised officer holds those suspicions.
Restraining order need not be based on commission of a particular offence
(4)
The reasonable grounds referred to in paragraph (1)(d) need not be based on a finding as to the commission of a particular *serious offence.
Risk of property being disposed of etc.
(5)
The court must make a *restraining order even if there is no risk of the property being disposed of or otherwise dealt with.
Later acquisitions of property
(6)
The court may specify that a *restraining order covers property that is acquired by the *suspect after the court makes the order. Otherwise, no property that is acquired after a court makes a restraining order is covered by the order.

19Restraining orders – property suspected of being proceeds of indictable offences etc.

When a restraining order must be made
(1)
A court with *proceeds jurisdiction must order that:
(a)
property must not be disposed of or otherwise dealt with by any person; or
(b)
property must not be disposed of or otherwise dealt with by any person except in the manner and circumstances specified in the order;
if:
(c)
a *proceeds of crime authority applies for the order; and
(d)
there are reasonable grounds to suspect that the property is:
(i)
the *proceeds of a *terrorism offence or any other *indictable offence, a *foreign indictable offence or an *indictable offence of Commonwealth concern (whether or not the identity of the person who committed the offence is known); or
(ii)
an *instrument of a *serious offence; and
(e)
the application for the order is supported by an affidavit of an *authorised officer stating that the authorised officer suspects that:
(i)
in any case—the property is proceeds of the offence; or
(ii)
if the offence to which the order relates is a serious offence—the property is an *instrument of the offence;
and including the grounds on which the authorised officer holds the suspicion; and
(f)
the court is satisfied that the *authorised officer who made the affidavit holds the suspicion stated in the affidavit on reasonable grounds.
Property that a restraining order may cover
(2)
The order must specify, as property that must not be disposed of or otherwise dealt with, the property specified in the application for the order, to the extent that the court is satisfied that there are reasonable grounds to suspect that that property is:
(a)
in any case—*proceeds of the offence; or
(b)
if the offence to which the order relates is a *serious offence—an *instrument of the offence.
Refusal to make a restraining order
(3)
Despite subsection (1), the court may refuse to make a *restraining order in relation to an *indictable offence that is not a *serious offence if the court is satisfied that it is not in the public interest to make the order.
Note: A court can also refuse to make a restraining order if the Commonwealth refuses to give an undertaking: see section 21.
Restraining order need not be based on commission of a particular offence
(4)
The reasonable grounds referred to in paragraph (1)(d) need not be based on a finding as to the commission of a particular offence.
Risk of property being disposed of etc.
(5)
The court must make a *restraining order even if there is no risk of the property being disposed of or otherwise dealt with.

20Restraining orders – people suspected of deriving literary proceeds from indictable offences etc.

When a restraining order must be made
(1)
A court with *proceeds jurisdiction must order that:
(a)
property must not be disposed of or otherwise dealt with by any person; or
(b)
property must not be disposed of or otherwise dealt with by any person except in the manner and circumstances specified in the order;
if:
(c)
a *proceeds of crime authority applies for the order; and
(d)
there are reasonable grounds to suspect that a person has committed an *indictable offence or a *foreign indictable offence, and that the person has derived *literary proceeds in relation to the offence; and
(e)
any affidavit requirements in subsection (3) for the application have been met; and
(f)
(unless there are no such requirements) the court is satisfied that the *authorised officer who made the affidavit holds the suspicion or suspicions stated in the affidavit on reasonable grounds.
Property that a restraining order may cover
(2)
The order must specify, as property that must not be disposed of or otherwise dealt with, the property specified in the application for the order, to the extent that the court is satisfied that there are reasonable grounds to suspect that that property is any one or more of the following:
(a)
all or specified property of the *suspect;
(aa)
all or specified *bankruptcy property of the suspect;
(b)
all property of the suspect other than specified property;
(ba)
all bankruptcy property of the suspect other than specified bankruptcy property;
(c)
specified property of another person (whether or not that other person’s identity is known) that is subject to the *effective control of the suspect.
Affidavit requirements
(3)
The application for the order must be supported by an affidavit of an *authorised officer stating:
(a)
if the *suspect has not been convicted of the offence—that the authorised officer suspects that the suspect committed the offence; and
(c)
that the authorised officer suspects that the suspect derived *literary proceeds in relation to the offence; and
(d)
if the application is to restrain property of a person other than the suspect but not to restrain *bankruptcy property of the suspect—that the authorised officer suspects that the property is subject to the *effective control of the suspect.
The affidavit must include the grounds on which the *authorised officer holds those suspicions.
Refusal to make a restraining order
(4)
Despite subsection (1), the court may refuse to make a *restraining order in relation to an *indictable offence that is not a *serious offence if the court is satisfied that it is not in the public interest to make the order.
Note: A court can also refuse to make a restraining order if the Commonwealth refuses to give an undertaking: see section 21.
Restraining order need not be based on commission of a particular offence
(5)
The reasonable grounds referred to in paragraph (1)(d) need not be based on a finding as to the commission of a particular *indictable offence or *foreign indictable offence (as the case requires).
Risk of property being disposed of etc.
(6)
The court must make a *restraining order even if there is no risk of the property being disposed of or otherwise dealt with.
Later acquisitions of property
(7)
The court may specify that a *restraining order covers property that is acquired by the *suspect after the court makes the order. Otherwise, no property that is acquired after a court makes a restraining order is covered by the order.

20ARestraining orders – unexplained wealth

When a restraining order must be made
(1)
A court with *proceeds jurisdiction must order that:
(a)
property must not be disposed of or otherwise dealt with by any person; or
(b)
property must not be disposed of or otherwise dealt with by any person except in the manner and circumstances specified in the order;
if:
(c)
a *proceeds of crime authority applies for the order; and
(d)
there are reasonable grounds to suspect that a person’s *total wealth exceeds the value of the person’s *wealth that was *lawfully acquired; and
(e)
any affidavit requirements in subsection (3) for the application have been met; and
(f)
the court is satisfied that the *authorised officer who made the affidavit holds the suspicion or suspicions stated in the affidavit on reasonable grounds; and
(g)
there are reasonable grounds to suspect either or both of the following:
(i)
that the person has committed an offence against a law of the Commonwealth, a *foreign indictable offence, a *relevant offence of a *participating State, a *State offence that has a federal aspect or a *Territory offence;
(ii)
that the whole or any part of the person’s wealth was derived or realised, directly or indirectly, from an offence against a law of the Commonwealth, a foreign indictable offence, a relevant offence of a participating State, a State offence that has a federal aspect or a Territory offence.
Property that a restraining order may cover
(2)
The order must specify, as property that must not be disposed of or otherwise dealt with, the property specified in the application for the order, to the extent that the court is satisfied that there are reasonable grounds to suspect that that property is any one or more of the following:
(a)
all or specified property of the *suspect;
(b)
all or specified *bankruptcy property of the suspect;
(c)
all property of the suspect other than specified property;
(d)
all bankruptcy property of the suspect other than specified bankruptcy property;
(e)
specified property of another person (whether or not that other person’s identity is known) that is subject to the *effective control of the suspect.
Affidavit requirements
(3)
The application for the order must be supported by an affidavit of an *authorised officer stating:
(a)
that the authorised officer suspects that the *total wealth of the *suspect exceeds the value of the suspect’s *wealth that was *lawfully acquired; and
(b)
if the application is to restrain property of a person other than the suspect but not to restrain *bankruptcy property of the *suspect—that the authorised officer suspects that the property is subject to the *effective control of the suspect; and
(c)
that the authorised officer suspects either or both of the following:
(i)
that the suspect has committed an offence against a law of the Commonwealth, a *foreign indictable offence, a *relevant offence of a *participating State, a *State offence that has a federal aspect or a *Territory offence;
(ii)
that the whole or any part of the suspect’s wealth was derived or realised, directly or indirectly, from an offence against a law of the Commonwealth, a foreign indictable offence, a relevant offence of a participating State, a State offence that has a federal aspect or a Territory offence.
The affidavit must include the grounds on which the authorised officer holds those suspicions.
Refusal to make a restraining order
(4)
Despite subsection (1), the court may refuse to make a *restraining order if the court is satisfied that:
(a)
there are not reasonable grounds to suspect that the person’s *total wealth exceeds by $100,000 or more the value of the person’s *wealth that was *lawfully acquired; or
(b)
it is not in the public interest to make the order.
Note: A court can also refuse to make a restraining order if the Commonwealth refuses to give an undertaking: see section 21.
(4A)
If the court refuses to make a *restraining order under this section, it may make any order as to costs it considers appropriate, including costs on an indemnity basis.
Risk of property being disposed of etc.
(5)
The court must make a *restraining order even if there is no risk of the property being disposed of or otherwise dealt with.
Later acquisitions of property
(6)
The court may specify that a *restraining order covers property that is acquired by the *suspect after the court makes the order. Otherwise, no property that is acquired after a court makes a restraining order is covered by the order.

21Refusal to make an order for failure to give undertaking

(1)
The court may refuse to make a *restraining order if the Commonwealth 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 *responsible authority may give such an undertaking on behalf of the Commonwealth.

22Restraining orders must only relate to one suspect

(1)
A *restraining order must only relate to one *suspect.
Note: A restraining order might not relate to any suspect if the person who is suspected of committing the offence is not known and the restraining order only restrains proceeds of the offence. The restraining order may also cover the property of one or more other persons who are not the suspect.
(2)
A *restraining order may relate to more than one offence in relation to that *suspect.

23Conditions on restraining orders

A *restraining order may be made subject to conditions.

24Allowance for expenses

(1)
The court may allow any one or more of the following to be met out of property, or a specified part of property, covered by a *restraining order:
(a)
the reasonable living expenses of the person whose property is restrained;
(b)
the reasonable living expenses of any of the *dependants of that person;
(c)
the reasonable business expenses of that person;
(d)
a specified debt incurred in good faith by that person.
(2)
The court may only make an order under subsection (1) if:
(a)
the person whose property is restrained has applied for the order; and
(b)
the person has notified the *responsible authority in writing of the application and the grounds for the application; and
(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
(ca)
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:
(i)
proceedings under this Act; or
(ii)
proceedings for an offence against a law of the Commonwealth, a State or a Territory; and
(d)
the court is satisfied that the person cannot meet the expense or debt out of property that is not covered by:
(i)
a *restraining order; or
(ii)
an *interstate restraining order; or
(iii)
a *foreign restraining order that is registered under the *Mutual Assistance Act.
(3)
Property that is covered by:
(a)
a *restraining order; or
(b)
an *interstate restraining order; or
(c)
a *foreign restraining order that is registered under the *Mutual Assistance Act;
is taken, for the purposes of paragraph (2)(d), not to be covered by the order if it would not be reasonably practicable for the *Official Trustee to take custody and control of the property.

24AExcluding property from or revoking restraining orders in certain cases when expenses are not allowed

(1)
If:
(a)
because of the operation of subsection 24(3), property that is covered by a *restraining order is taken, for the purposes of paragraph 24(2)(d), not to be covered by the order; and
(b)
as a result, and for no other reason, the court refuses an application to make an order under subsection 24(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 the court is satisfied that the property is needed to meet any one or more of the following:
(a)
the reasonable living expenses of the person whose property is restrained;
(b)
the reasonable living expenses of any of the *dependants of that person;
(c)
the reasonable business expenses of that person;
(d)
a specified debt incurred in good faith by that person.
(3)
If the court excludes the property from the *restraining order, the *responsible authority must give written notice of the exclusion to:
(a)
the owner of the property (if the owner is known); and
(b)
any other person the authority reasonably believes may have an *interest in the property.
However, the authority need not give notice to the applicant for the order under subsection 24(1).
(4)
If the court revokes the *restraining order, the *responsible authority 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 authority reasonably believes may have an *interest in the property.
However, the authority need not give notice to the applicant for the order under subsection 24(1).

Division 2How restraining orders are obtained25Proceeds of crime authority may apply for a restraining order

A *proceeds of crime authority may apply for a *restraining order.

26Notice of application

(1)
Subject to subsection (4), the *responsible authority must:
(a)
give written notice of an application for a *restraining order covering property to the owner of the property (if the owner is known); and
(b)
include with the notice a copy of the application and any affidavit supporting the application.
(2)
Subject to subsection (4), the *responsible authority must also:
(a)
give written notice of an application for a *restraining order covering property to any other person the authority reasonably believes may have an *interest in the property; and
(b)
include with the notice:
(i)
a copy of the application; and
(ii)
a further notice that the person may request that the authority give the person a copy of any affidavit supporting the application.
The authority must comply with any such request as soon as practicable.
(3)
The court must not (unless subsection (4) applies) hear the application unless it is satisfied that the owner of the property to which the application relates has received reasonable notice of the application.

—
Anti‑Money Laundering and Counter‑Terrorism Financing and Other Legislation Amendment Act 2020	133, 2020	17 Dec 2020	Sch 1 (items 119–121): 17 June 2022 (s 2(1) item 3)	—
Crimes Legislation Amendment (Economic Disruption) Act 2021	3, 2021	16 Feb 2021	Sch 3–6 and Sch 7 (items 4–66): 17 Feb 2021 (s 2(1) items 4, 5) Sch 7 (items 67, 68): never commenced (s 2(1) item 6)	Sch 3 (items 14, 15), Sch 4 (item 4), Sch 5 (item 6), Sch 6 (item 20) and Sch 7 (items 60–66)
Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021	13, 2021	1 Mar 2021	Sch 2 (item 704): 1 Sept 2021 (s 2(1) item 5)	—
National Anti‑Corruption Commission (Consequential and Transitional Provisions) Act 2022	89, 2022	12 Dec 2022	Sch 1 (items 158–162) and Sch 2 (items 1, 26–29): 1 July 2023 (s 2(1) items 2, 3)	Sch 2 (items 1, 26–29)
Administrative Review Tribunal (Consequential and Transitional Provisions No. 2) Act 2024	39, 2024	31 May 2024	Sch 2 (item 100): 14 Oct 2024 (s 2(1) item 2)	—
COAG Legislation Amendment Act 2024	54, 2024	5 July 2024	Sch 1 (items 27–29, 94–99): 6 July 2024 (s 2(1) item 2)	—
Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2024	93, 2024	24 Oct 2024	Sch 1 (items 27–43): 24 Nov 2024 (s 2(1) item 2) Sch 2 (items 1–15): 25 Oct 2024 (s 2(1) item 3)	Sch 1 (item 43) and Sch 2 (item 15)
Anti-Money Laundering and Counter Terrorism Financing Amendment Act 2024	110, 2024	10 Dec 2024	Sch 6 (items 55–59): 31 Mar 2026 (s 2(1) item 7) Sch 11 (items 33, 34): 7 Jan 2025 (s 2(1) item 13)	—

Endnote 4Amendment history

Provision affected	How affected
Chapter 1
Part 1‑2
s 5.............................................	am No 3, 2010; No 6, 2015; No 21, 2018
Part 1‑3
s 6.............................................	ad No 136, 2005
s 7.............................................	am No 3, 2010; No 93, 2024
s 8.............................................	am No 3, 2010
s 9.............................................	am No 3, 2021
Part 1‑4
Division 1
Division 1 heading......................	ad No 126, 2018
s 14A.........................................	ad No 126, 2018
Division 2
Division 2..................................	ad No 126, 2018
Subdivision A
s 14B.........................................	ad No 126, 2018
s 14C.........................................	ad No 126, 2018
s 14D.........................................	ad No 126, 2018
s 14E.........................................	ad No 126, 2018
s 14F..........................................	ad No 126, 2018
Subdivision B
s 14G.........................................	ad No 126, 2018
s 14H.........................................	ad No 126, 2018
s 14J..........................................	ad No 126, 2018
s 14K.........................................	ad No 126, 2018
Subdivision C
s 14L.........................................	ad No 126, 2018
Subdivision D
Subdivision D.............................	ad No 126, 2018
s 14M........................................	ad No 126, 2018
s 14N.........................................	ad No 126, 2018
s 15............................................	rep No 126, 2018
Chapter 2
Part 2‑1A
Part 2‑1A...................................	ad No 3, 2010
s 15A.........................................	ad No 3, 2010
Division 1
s 15B.........................................	ad No 3, 2010
am No 24, 2012; No 41, 2015; No 89, 2022; No 93, 2024
Division 2
s 15C.........................................	ad No 3, 2010
am No 24, 2012; No 41, 2015; No 89, 2022
s 15D.........................................	ad No 3, 2010
am No 24, 2012; No 41, 2015; No 89, 2022
s 15E.........................................	ad No 3, 2010
s 15F..........................................	ad No 3, 2010
s 15FA.......................................	ad No 24, 2012
s 15G.........................................	ad No 3, 2010
s 15H.........................................	ad No 3, 2010
Division 3
s 15J..........................................	ad No 3, 2010
s 15K.........................................	ad No 3, 2010
am No 93, 2024
s 15L.........................................	ad No 3, 2010
am No 93, 2024
s 15M........................................	ad No 3, 2010
Division 4
s 15N.........................................	ad No 3, 2010
s 15P..........................................	ad No 3, 2010
am No 24, 2012; No 41, 2015; No 89, 2022
Division 5
s 15Q.........................................	ad No 3, 2010
am No 174, 2011; No 93, 2024
Division 6
s 15R.........................................	ad No 3, 2010
s 15S..........................................	ad No 3, 2010
Part 2‑1
Division 1
s 17............................................	am No 129, 2005; No 174, 2011
s 18............................................	am No 129, 2005; No 3, 2010; No 174, 2011
s 19............................................	am No 3, 2010; No 4, 2010; No 174, 2011
s 20............................................	am No 104, 2004; No 129, 2005; No 174, 2011
s 20A.........................................	ad No 3, 2010
am No 174, 2011; No 6, 2015; No 21, 2018; No 126, 2018
s 21............................................	am No 174, 2011
s 24............................................	am No 174, 2011
s 24A.........................................	am No 174, 2011
Division 2
s 25............................................	am No 174, 2011
s 26............................................	am No 174, 2011
s 27............................................	am No 174, 2011
s 28A.........................................	ad No 24, 2012
Division 3
s 29............................................	am No 170, 2006; No 3, 2010; No 4, 2010; No 174, 2011; No 133, 2020; No 110, 2024
s 29A.........................................	ad No 3, 2010
am No 4, 2010; No 174, 2011
s 30............................................	am No 4, 2010; No 174, 2011
s 31............................................	am No 4, 2010; No 174, 2011
s 32............................................	am No 4, 2010; No 174, 2011
Division 4
s 33............................................	am No 174, 2011
s 34............................................	am No 174, 2011
s 35............................................	am No 3, 2010; No 174, 2011
s 36............................................	am No 174, 2011
s 37............................................	am No 3, 2010; No 4, 2016
Division 5
s 39............................................	am No 3, 2010; No 4, 2010; No 174, 2011
s 39A.........................................	ad No 4, 2010
s 39B.........................................	ad No 4, 2010
s 40............................................	am No 3, 2010; No 4, 2010; No 4, 2016
Division 6
s 42............................................	am No 3, 2010; No 174, 2011
s 43............................................	am No 174, 2011
s 44............................................	am No 174, 2011
s 45............................................	am No 3, 2010; No 4, 2010; No 6, 2015
s 45A.........................................	ad No 3, 2010
am No 6, 2015
Part 2‑2
s 46............................................	am No 174, 2011
Division 1
s 47............................................	am No 3, 2010; No 174, 2011
s 48............................................	am No 174, 2011
s 49............................................	am No 3, 2010; No 4, 2010; No 174, 2011
s 50............................................	am No 174, 2011
s 53............................................	rep No 3, 2021
Division 2
s 54............................................	am No 174, 2011; No 6, 2015
s 55............................................	am No 4, 2010
s 57............................................	rs No 3, 2021
s 57A.........................................	ad No 3, 2021
Division 3
s 59............................................	am No 174, 2011
s 60............................................	am No 174, 2011
s 61............................................	am No 174, 2011
s 62............................................	am No 174, 2011
s 63............................................	am No 174, 2011
s 64............................................	am No 4, 2010
Division 4
s 67............................................	am No 174, 2011
s 68............................................	am No 174, 2011
s 68A.........................................	ad No 3, 2021
s 69............................................	am No 3, 2021
s 70............................................	am No 3, 2021
s 71............................................	am No 3, 2010; No 4, 2016
Division 4A
Division 4A................................	ad No 3, 2021
s 71A.........................................	ad No 3, 2021
Division 5
Subdivision B
s 73............................................	am No 3, 2010; No 4, 2010
s 74............................................	am No 4, 2010
s 75............................................	am No 4, 2010; No 174, 2011
s 76............................................	am No 4, 2010; No 174, 2011
Subdivision C
Subdivision C heading.................	rs No 4, 2010
s 77............................................	am No 4, 2010
s 78............................................	rs No 4, 2010
s 79............................................	am No 4, 2010; No 174, 2011
s 79A.........................................	ad No 4, 2010
am No 174, 2011
Division 6
s 81............................................	am No 174, 2011
s 82............................................	am No 174, 2011
s 84............................................	am No 3, 2010; No 4, 2010; No 174, 2011
s 85............................................	am No 3, 2010; No 4, 2010
Division 7
s 87............................................	am No 174, 2011
s 88............................................	am No 3, 2021
s 89............................................	am No 3, 2021
s 90............................................	rs No 3, 2021
Part 2‑3
s 91............................................	am No 4, 2010
Division 1
s 92............................................	am No 4, 2010
s 92A.........................................	ad No 4, 2010
am No 174, 2011
s 93............................................	am No 4, 2010; No 174, 2011
s 94............................................	am No 4, 2010; No 174, 2011
s 94A.........................................	ad No 4, 2010
am No 174, 2011
s 95............................................	am No 174, 2011
Division 2
s 97............................................	am No 174, 2011
s 98A.........................................	ad No 3, 2021
s 99............................................	am No 3, 2021
s 100..........................................	am No 3, 2021
Division 2A
Division 2A................................	ad No 3, 2021
s 101A.......................................	ad No 3, 2021
Division 3
s 102..........................................	am No 4, 2010
s 103..........................................	rs No 3, 2021
s 104..........................................	rs No 4, 2010
am No 174, 2011; No 3, 2021
s 104A.......................................	ad No 3, 2021
s 105..........................................	am No 3, 2021
s 106..........................................	am No 4, 2010
rs No 3, 2021
Division 4
s 107..........................................	am No 174, 2011
s 108..........................................	am No 174, 2011
s 110..........................................	am Nos 3 and 4, 2010; No 174, 2011
s 111..........................................	am Nos 3 and 4, 2010
s 113..........................................	am No 174, 2011
s 114..........................................	am No 3, 2021
Part 2‑4
Division 1
s 116..........................................	am No 3, 2010; No 174, 2011
Division 2
Subdivision A
s 121..........................................	am No 4, 2010
Subdivision B
s 122..........................................	am No 4, 2010
s 124..........................................	am No 4, 2010
s 129..........................................	am No 80, 2004
Subdivision C
s 130..........................................	am No 4, 2010
s 131..........................................	am No 174, 2011
Subdivision D
s 133..........................................	am No 4, 2010; No 174, 2011
Division 3
s 134..........................................	am No 4, 2010; No 174, 2011
s 135..........................................	am No 174, 2011
s 136..........................................	am No 4, 2010; No 174, 2011
s 137..........................................	am No 174, 2011
s 138..........................................	am No 4, 2010
Division 4
s 141..........................................	am No 174, 2011
s 142..........................................	am No 4, 2010; No 96, 2010
s 143..........................................	am No 96, 2010; No 174, 2011
Division 5
s 146..........................................	am No 4, 2010; No 174, 2011
s 147..........................................	am No 4, 2010; No 174, 2011
s 148..........................................	am No 4, 2010
s 149..........................................	rs No 3, 2010
am No 174, 2011
s 149A.......................................	ad No 4, 2010
am No 174, 2011
s 150..........................................	am No 4, 2010
Part 2‑5
Division 1
s 152..........................................	am No 104, 2004; No 174, 2011
s 153..........................................	am No 104, 2004
Division 2
s 161..........................................	am No 174, 2011
Division 3
s 162..........................................	am No 174, 2011
s 163..........................................	am No 174, 2011
s 164..........................................	am No 174, 2011
Division 4
s 168..........................................	am No 174, 2011
s 169..........................................	am No 4, 2010; No 96, 2010
s 170..........................................	am No 96, 2010; No 174, 2011
Division 5
s 173..........................................	am No 174, 2011
s 174..........................................	am No 174, 2011
s 176..........................................	am No 174, 2011
Division 6
s 178..........................................	am No 174, 2011
Part 2‑6
Part 2‑6......................................	ad No 3, 2010
s 179A.......................................	ad No 3, 2010
am No 21, 2018
Division 1
s 179B.......................................	ad No 3, 2010
am No 174, 2011; No 6, 2015
s 179C.......................................	ad No 3, 2010
s 179CA.....................................	ad No 3, 2010
am No 174, 2011
s 179D.......................................	ad No 3, 2010
am No 174, 2011
s 179E........................................	ad No 3, 2010
am No 6, 2015; No 21, 2018; No 126, 2018
s 179EA.....................................	ad No 3, 2010
am No 174, 2011
s 179EB.....................................	ad No 3, 2010
s 179F........................................	ad No 3, 2010
Division 2
s 179G.......................................	ad No 3, 2010
s 179H.......................................	ad No 3, 2010
s 179J........................................	ad No 3, 2010
s 179K.......................................	ad No 3, 2010
am No 174, 2011
s 179L........................................	ad No 3, 2010
Division 3
s 179M.......................................	ad No 3, 2010
am No 174, 2011
s 179N.......................................	ad No 3, 2010
am No 174, 2011; No 6, 2015
s 179P........................................	ad No 3, 2010
am No 174, 2011
s 179Q.......................................	ad No 3, 2010
am No 174, 2011
Division 4
s 179R.......................................	ad No 3, 2010
s 179S........................................	ad No 3, 2010
am No 174, 2011; No 6, 2015
s 179SA.....................................	ad No 3, 2010
s 179SB.....................................	rs No 6, 2015
rs No 6, 2015
s 179T........................................	ad No 3, 2010
Division 5
s 179U.......................................	ad No 3, 2010
am No 127, 2010; No 6, 2015
Chapter 3
Part 3‑1
Division 1
s 180..........................................	am No 144, 2008; No 4, 2010
s 180A.......................................	ad No 4, 2010
s 180B.......................................	ad No 4, 2010
s 180C.......................................	ad No 4, 2010
s 180D.......................................	ad No 4, 2010
s 180E........................................	ad No 4, 2010
s 181..........................................	am No 144, 2008; No 4, 2010
s 181A.......................................	ad No 3, 2021
s 181B.......................................	ad No 3, 2021
s 182..........................................	am No 4, 2010; No 174, 2011
Division 2
s 183..........................................	am No 174, 2011; No 153, 2015; No 39, 2024
Division 3
s 187..........................................	am No 4, 2010; No 174, 2011; No 3, 2021
s 188..........................................	am No 174, 2011
s 189..........................................	am No 174, 2011
s 191..........................................	am No 174, 2011
s 192..........................................	am No 174, 2011
s 193..........................................	am No 174, 2011
s 194..........................................	am No 174, 2011
Division 4
s 195..........................................	am No 3, 2010; No 4, 2010; No 4, 2016; No 3, 2021
s 196..........................................	am No 3, 2010; No 4, 2010; No 3, 2021
s 197..........................................	am No 116, 2007
s 197A.......................................	ad No 4, 2010
am No 3, 2021
s 198..........................................	am No 3, 2021
s 199..........................................	am No 3, 2010; No 4, 2016
s 200..........................................	am No 3, 2010; No 4, 2016
s 201..........................................	am No 3, 2010; No 4, 2016
Part 3‑2
s 202..........................................	am No 3, 2010; No 4, 2010; No 174, 2011; No 136, 2012; No 3, 2021
s 203..........................................	am No 4, 2010
s 209..........................................	am No 3, 2010
s 210..........................................	am No 3, 2010; No 4, 2016
s 211..........................................	am No 3, 2010; No 4, 2010; No 153, 2015; No 4, 2016; No 3, 2021
s 212..........................................	am No 3, 2010; No 4, 2016
Part 3‑3
s 213..........................................	am No 125, 2002; No 86, 2006; No 4, 2010; No 41, 2015; No 89, 2022
s 214..........................................	am No 4, 2010
s 216..........................................	am No 3, 2010; No 4, 2016
s 217..........................................	am No 3, 2010; No 4, 2016
s 218..........................................	am No 3, 2010; No 4, 2010; No 153, 2015; No 4, 2016; No 3, 2021
Part 3‑4
s 219..........................................	am No 4, 2010
s 220..........................................	am No 4, 2010
s 222..........................................	am No 3, 2010; No 4, 2016
s 223..........................................	am No 170, 2006; No 3, 2010; No 41, 2015; No 4, 2016
s 224..........................................	am No 3, 2010; No 4, 2016
Part 3‑5
Division 1
Subdivision A
s 227..........................................	am No 6, 2015; No 93, 2024
s 228..........................................	am No 6, 2015; No 93, 2024
s 228A.......................................	ad No 93, 2024
Subdivision B
s 232..........................................	am No 3, 2010; No 4, 2016
s 233..........................................	am No 3, 2010; No 4, 2016
s 234..........................................	am No 3, 2010; No 4, 2016
s 235..........................................	am No 3, 2010; No 4, 2016
Subdivision C
s 243..........................................	am No 93, 2024
s 244..........................................	am No 93, 2024

s 245..........................................	am No 93, 2024
s 246..........................................	am No 3, 2010; No 4, 2016
s 248..........................................	am No 93, 2024
s 249..........................................	am No 93, 2024
Division 3
Subdivision A
s 254..........................................	am No 41, 2015
Subdivision B
s 256..........................................	am No 6, 2015
Division 4
s 266..........................................	am No 3, 2010; No 4, 2016
Part 3‑6
Part 3‑6......................................	ad No 3, 2010
s 266A.......................................	ad No 3, 2010
am No 4, 2010; No 6, 2015; No 15, 2016; No 126, 2018; No 3, 2021
Chapter 4
Part 4‑1
Division 1
s 267AA.....................................	ad No 3, 2021
s 267AB.....................................	ad No 3, 2021
s 267A.......................................	ad No 41, 2003
Division 2
s 269..........................................	am No 4, 2010
s 270..........................................	am No 3, 2021
s 271..........................................	am No 3, 2021
s 272..........................................	am No 3, 2010; No 4, 2016
s 273..........................................	am No 3, 2010; No 4, 2016
s 274..........................................	am No 3, 2010; No 4, 2016
s 275..........................................	am No 3, 2010; No 4, 2016; No 3, 2021
s 275A.......................................	ad No 3, 2021
Division 3
s 278..........................................	am No 41, 2003; No 3, 2021
s 279..........................................	am No 41, 2003; No 3, 2021
s 280..........................................	am No 41, 2003
s 281..........................................	am No 3, 2021
s 281A.......................................	ad No 3, 2021
Division 4
s 282..........................................	am No 3, 2010; No 174, 2011
s 282A.......................................	ad No 3, 2010
am No 174, 2011
s 283..........................................	am No 3, 2010
s 284..........................................	am No 3, 2010
s 285..........................................	am No 3, 2010; No 3, 2021
s 286..........................................	am No 3, 2010
Division 5
s 288..........................................	am No 8, 2005; No 3, 2021
s 289..........................................	am No 3, 2021
s 290..........................................	am No 3, 2021
Part 4‑2
s 292..........................................	am No 3, 2010
s 293..........................................	am No 3, 2010
s 294..........................................	am No 174, 2011
Part 4‑3
Division 1
Division 1 heading......................	ad No 126, 2018
s 295..........................................	am No 62, 2014
s 296..........................................	am No 3, 2010; No 4, 2010; No 126, 2018; No 3, 2021
s 297..........................................	am No 8, 2005; No 136, 2005; No 4, 2010; No 174, 2011; No 31, 2018; No 126, 2018; No 3, 2021; No 54, 2024
Division 2
Division 2..................................	ad No 126, 2018
s 297A.......................................	ad No 126, 2018
s 297B.......................................	ad No 126, 2018
s 297C.......................................	ad No 126, 2018
Division 3
Division 3 heading......................	ad No 126, 2018
s 298..........................................	am No 4, 2010
s 299..........................................	am No 8, 2005; No 57, 2007
rep No 4, 2010
Division 4
Division 4..................................	ad No 3, 2021
s 298A.......................................	ad No 3, 2021
s 298B.......................................	ad No 3, 2021
s 298C.......................................	ad No 3, 2021
s 298D.......................................	ad No 3, 2021
s 298E........................................	ad No 3, 2021
am No 54, 2024
s 298F........................................	ad No 3, 2021
am No 54, 2024
Part 4‑4
Part 4‑4 heading..........................	rs No 4, 2010
Division 1..................................	rep No 3, 2010
s 300..........................................	rep No 3, 2010
s 301..........................................	rep No 3, 2010
s 302..........................................	am No 4, 2010
rep No 3, 2010
Division 2 heading......................	rep No 4, 2010
s 302C.......................................	am No 4, 2010; No 96, 2010
Part 4‑5
Division 1
s 304..........................................	am No 6, 2015
s 307..........................................	am No 4, 2010; No 96, 2010; No 174, 2011
Chapter 5
s 314..........................................	am No 3, 2021
s 315A.......................................	ad No 4, 2010
am No 15, 2016
s 315B.......................................	ad No 174, 2011
am No 13, 2021
s 315C.......................................	ad No 153, 2015
s 316..........................................	am No 4, 2010
s 318A.......................................	ad No 4, 2010
s 318B.......................................	ad No 4, 2010
s 319..........................................	rs No 15, 2016
s 319A.......................................	ad No 15, 2016
s 322..........................................	am No 3, 2010; No 174, 2011; No 126, 2018
s 327A.......................................	ad No 126, 2018
Chapter 6
Part 6‑1
Division 1
s 330..........................................	am No 115, 2008; No 153, 2015; No 21, 2018; No 112, 2020
Division 2
s 333..........................................	am No 4, 2010; No 5, 2011
Division 3
s 335..........................................	am No 106, 2009; No 3, 2010; No 4, 2010; No 5, 2011
s 336..........................................	am No 3, 2010
s 336A.......................................	ad No 3, 2010
am No 86, 2016; No 21, 2018
s 337..........................................	am No 144, 2008; No 4, 2010
s 337A.......................................	ad No 104, 2004
am No 3, 2010; No 4, 2010
s 337B.......................................	ad No 170, 2006
Part 6‑2
s 338..........................................	am No 125, 2002; No 41, 2003; No 104, 2004; No 129, 2005; No 86, 2006; No 170, 2006; No 116, 2007; No 144, 2008; No 59, 2009; No 3, 2010; No 4, 2010 (as am by No 5, 2011); No 50, 2010; No 96, 2010; No 103, 2010; No 5, 2011; No 174, 2011; No 24, 2012; No 136, 2012; No 6, 2013; No 116, 2014; No 6, 2015; No 41, 2015; No 59, 2015; No 132, 2015; No 153, 2015; No 21, 2018; No 31, 2018; No 126, 2018; No 133, 2020; No 3, 2021
ed C50
am No 89, 2022; No 54, 2024; No 93, 2024; No 110, 2024 (Sch 6 items 55–59)
Schedule 1
Schedule 1..................................	ad No 126, 2018
Part 1
c 1.............................................	ad No 126, 2018
c 2.............................................	ad No 126, 2018
c 3.............................................	ad No 126, 2018
c 4.............................................	ad No 126, 2018
c 5.............................................	ad No 126, 2018
c 6.............................................	ad No 126, 2018
c 7.............................................	ad No 126, 2018
c 8.............................................	ad No 126, 2018
c 9.............................................	ad No 126, 2018
c 10...........................................	ad No 126, 2018
c 11...........................................	ad No 126, 2018
Part 2
c 12...........................................	ad No 126, 2018
c 13...........................................	ad No 126, 2018
c 14...........................................	ad No 126, 2018
c 15...........................................	ad No 126, 2018
c 16...........................................	ad No 126, 2018
c 17...........................................	ad No 126, 2018
Part 3
c 18...........................................	ad No 126, 2018
c 19...........................................	ad No 126, 2018
c 20...........................................	ad No 126, 2018
Schedule 2
Schedule 2..................................	ad No 126, 2018
Part 1
Division 1
c 1.............................................	ad No 126, 2018
c 2.............................................	ad No 126, 2018
c 3.............................................	ad No 126, 2018
Division 2
c 4.............................................	ad No 126, 2018
c 5.............................................	ad No 126, 2018
Part 2
c 6.............................................	ad No 126, 2018
c 7.............................................	ad No 126, 2018
c 8.............................................	ad No 126, 2018
Part 3
Part 3.........................................	ad No 93, 2024
c 9.............................................	ad No 93, 2024