{"id":"a-2003-8","name":"Confiscation of Criminal Assets Act 2003","slug":"confiscation-of-criminal-assets-act-2003","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"8 of 2003","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23271,"registerId":"act-a-2003-8-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Confiscation of Criminal Assets Act 2003.\n","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Purposes of Act","content":"3 Purposes of Act\nThe purposes of this Act include the following:\n(a) to encourage law-abiding behaviour by the community;\n(b) to give effect to the principle of public policy that a person\nshould not be enriched because of the commission of an offence,\nwhether or not anyone has been convicted of the offence;\n(c) to deprive a person of all material advantage derived from the\ncommission of an offence, whatever the form into which\nproperty or benefits derived from the offence may have been\nchanged;\n(d) to deprive a person of property used, or intended by an offender\nto be used, in relation to the commission of an offence, whatever\nthe form into which it may have been changed, and to prevent\nthe person from using the property to commit other offences;\n(e) to deprive a person of any unexplained wealth derived from\nserious criminal activity;\n(f) to enable the effective tracing and seizure by law enforcement\nauthorities of property used, or intended by an offender to be\nused, in relation to the commission of an offence and all material\nadvantage derived from the offence;\n(g) to provide for the enforcement in the ACT of orders, notices or\ndecisions (however described) made under corresponding laws.\n\nPreliminary Part 1\n","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Application of Act to property and dealings","content":"4 Application of Act to property and dealings\n(1) This Act applies to property located anywhere, whether in the ACT,\nin Australia outside the ACT, or outside Australia.\n(2) This Act applies to dealings with property anywhere, whether it\nhappens in the ACT, in Australia outside the ACT, or outside\nAustralia.\n","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Application of Act to offences","content":"5 Application of Act to offences\nThis Act applies in relation to offences, whether committed, or\nalleged to have been committed, before or after the commencement\nof this Act.\n","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Dictionary","content":"6 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘effective control, of property—see\nsection 14.’ means that the term ‘effective control’ is defined in that\nsection.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Notes","content":"7 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\n","sortOrder":5},{"sectionNumber":"8","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"8 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nGeneral overview of confiscation scheme Part 2\n","sortOrder":6},{"sectionNumber":"Part 2","sectionType":"part","heading":"General overview of confiscation","content":"Part 2 General overview of confiscation\nscheme\n","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"General overview","content":"9 General overview\nThe notes to this section provide a general overview of the scheme of\nNote 1 Restraining orders\nA court may make an order (a restraining order) preventing the disposal or other\ndealing with property. A restraining order may also be made to secure a property\nfor payment of an amount that is the value of the person’s unexplained wealth (see\nnote 4) or the payment of a penalty order (see note 5).\nProperty may be restrained even though it is not the offender’s property.\nNote 2 Confiscation of property on conviction\nA court that convicts a person of a relevant offence may make an order (a conviction\nforfeiture order) for the forfeiture to the Territory of tainted property in relation to\nthe offence (whether or not the tainted property is restrained).\nIf a person is convicted of a serious offence (generally an offence punishable by\nimprisonment for 5 years or more), all restrained property is, by the operation of\nthis Act, forfeited to the Territory (an automatic forfeiture).\nProperty may be forfeited even though it is not the offender’s property.\nNote 3 Confiscation of property without conviction\nIf a court is satisfied on the balance of probabilities that a person has committed a\nserious offence, it may make an order (a civil forfeiture order) for the forfeiture to\nthe Territory of all restrained property even though the person has not been\nconvicted, or the person has been cleared, of the relevant offence.\nNote 4 Unexplained wealth orders\nA court may, if the court is not satisfied that all or part of a person’s wealth is not\nderived from serious criminal activity, make an order (an unexplained wealth order)\nordering the payment to the Territory of an amount assessed by the court as the\nvalue of the person’s unexplained wealth.\n\nPart 2 General overview of confiscation scheme\nNote 5 Penalty orders\nA court may order the payment to the Territory (a penalty order) of the value of the\ntainted property and the advantages and other benefits derived in any way from the\ncommission of a relevant offence and for restrained property be sold to satisfy the\npenalty order.\nNote 6 Exclusion of property from forfeiture and return or compensation for\nforfeited property\nProvision is made for an order that property be excluded from forfeiture (an\nexclusion order) and forfeited property can be returned or compensation paid for it\nin certain circumstances. Provision is also made for the buyback of interests in\nforfeited property.\n\nNote 1 The following concepts are defined in this part:\n• abscond—see s 16\n• cleared, of an offence—see s 17\n• convicted—see s 15 (1)\n• derived—see s 12\n• effective control, of property—see s 14\n• finalised confiscation or criminal proceeding—see s 18\n• offence—see s 13 (1)\n• ordinary offence—see s 13 (2)\n• quashed—see s 15 (3) and (4)\n• related offence—see s 13 (3)\n• relevant offence—see s 13 (2)\n• serious offence—see s 13 (2)\n• tainted property—see s 10\n• unclaimed tainted property—see s 11.\nNote 2 Other important concepts include benefits (see s 80), penalty order (see\ns 82) and relevant court (see s 238).\nNote 3 Other important concepts are defined in the Legislation Act, dict, pt 1,\nincluding the following:\n• indictment\n• present.\n","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"What is tainted property","content":"10 What is tainted property\ntainted property, in relation to an offence, means—\n(a) property that was used, or was intended by an offender to be\nused, in relation to the commission of the offence; or\n(b) property that was derived by anyone from the commission of the\n\n(c) property that was derived by anyone from property mentioned\nin paragraph (a) or (b);\nand includes an amount of money held in an account with a financial\ninstitution that represents the value of property mentioned in\nparagraph (a), (b) or (c) that has been directly or indirectly credited\nto the account.\nNote 2 For the meaning of derived, see s 12.\nNote 3 Property includes an interest in property, see the Legislation Act, dict,\npt 1.\n(2) For subsection (1) (a), any property found in the possession of an\noffender at the time of, or immediately after, the commission of the\noffence is taken to be property that was used, or was intended by the\noffender to be used, in relation to the commission of the offence,\nunless the contrary is established by the offender.\nExamples of tainted property for s 10\n1 A car used as a getaway car for an armed robbery (see s (1) (a)).\n2 Money and jewellery stolen during the commission of the armed robbery\noffence (see s (1) (b)).\n3 Shares bought using money stolen during the commission of the armed\nrobbery offence, or a mixture of that money and money unconnected with the\noffence (see s (1) (c) and s 12 (1) (Meaning of derived)).\n4 A house in relation to which a mortgage is partly or completely discharged\nusing money stolen during the commission of the armed robbery offence, or a\nmixture of that money and money unconnected with the offence (see s (1) (c)\nand s 12 (1)).\n5 Money or other property received from the sale of the car, jewellery, shares or\nhouse mentioned in examples 1 to 4 (see s (1) (c) and s 12 (1)).\n6 Other property purchased using the money mentioned in example 5 (see\ns (1) (c) and s 12 (1)).\n\n7 Money stolen during the commission of the armed robbery offence is\ndeposited in 1 or more accounts with a credit union and later transferred to a\nbank account that also contains money unconnected with the offence. The\nmoney in the bank account to the value of the money stolen during the\ncommission of the offence is tainted property (see s (1)).\n8 Money received from the sale of the car, jewellery, shares or house mentioned\nin examples 1 to 4 is deposited in a credit union account that also contains\nmoney unconnected with the armed robbery offence. The money in the\naccount to the value of the money received from the sale of the car, jewellery,\nshares or house mentioned in examples 1 to 4 is tainted property (see s (1) and\ns 12 (1)).\n","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"What is unclaimed tainted property","content":"11 What is unclaimed tainted property\nunclaimed tainted property means property that—\n(a) is tainted property in relation to an offence; and\n(b) is not claimed by anyone;\neven if it is not possible to identify the offence or an offender.\nExamples of property that may be unclaimed tainted property\n1 a large quantity of hydroponic equipment and lights for growing plants indoors\nthat is found at premises suspected of being used for the production of drugs\nand that is not claimed by anyone\n2 a large amount of money with traces of cocaine that is found in a house\nsuspected of being used for drug dealing and that is not claimed by anyone\n3 a large quantity of jewellery found in a car that has been recently used by\nseveral people and that is not claimed by anyone\n4 a large amount of money found beneath a bridge in a bag that also contains\ntraces of explosives\nrestraining order does not, of itself, change or end the restraining order,\nsee s 46 (2).\n\n","sortOrder":10},{"sectionNumber":"11A","sectionType":"section","heading":"Meaning of total wealth","content":"11A Meaning of total wealth\ntotal wealth, of a person to whom a proceeding for an unexplained\nwealth order relates, is the sum of all of the values of the person’s\nwealth.\n(2) In deciding the values of a person’s wealth—\n(a) the value of property expended, consumed, disposed of, or for\nany other reason no longer available is the greater of—\n(i) the value of the property at the time it was acquired; and\n(ii) the value of the property immediately before expended,\nconsumed, disposed of, or becoming unavailable; and\n(b) the value of any other property is the greater of—\n(i) the value of the property at the time it was acquired; and\n(ii) the value of the property on the day that the application for\nthe unexplained wealth order was made.\n","sortOrder":11},{"sectionNumber":"11B","sectionType":"section","heading":"Meaning of wealth","content":"11B Meaning of wealth\nwealth, of a person—\n(a) means property that is or at any time was—\n(i) owned by the person; or\n(ii) under the effective control of the person; or\n(iii) expended, consumed or disposed of by the person; and\nExamples—property disposed of by the person\n1 property sold or traded\n2 property transferred as a gift\n3 money spent\n\n(b) includes property owned, effectively controlled, expended,\nconsumed or disposed of by the person before the\ncommencement of this section and whether in or outside the\nACT.\n","sortOrder":12},{"sectionNumber":"11C","sectionType":"section","heading":"Meaning of serious criminal activity","content":"11C Meaning of serious criminal activity\nserious criminal activity means conduct by any person which, at the\ntime of the conduct, was a serious offence.\n(2) To remove any doubt, conduct is serious criminal activity—\n(a) whether or not charges for a serious offence have been laid\nagainst a person for the conduct; or\n(b) if charges for a serious offence have been laid against a person—\nwhether or not the person—\n(i) has been tried for the offence; or\n(ii) has been acquitted, found guilty or convicted of the\noffences; or\n(iii) has had a conviction for the offences quashed.\n","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Meaning of derived","content":"12 Meaning of derived\nderived—property or a benefit is derived if it is derived or realised,\nwhether completely or partly and whether directly or indirectly.\nSee section 10, examples 3 to 6 and 8.\nNote For the meaning of benefits, see s 80.\n\n(2) Property or a benefit is derived by a person if it is derived by someone\nelse at the request or direction of the person.\nJane Citizen commits a relevant offence and then writes a book about the\ncommission of the offence. Ms Citizen directs the book’s publisher to pay the\nroyalties for the book to her spouse rather than to herself. The royalties would still\nbe derived by Ms Citizen because they are derived by her spouse at her direction.\n(This may be relevant, for example, for deciding whether they are artistic profits\nand thus benefits under div 7.1.)\n(3) For subsection (2), a request or direction of a person (the first\nperson)—\n(a) includes an understanding between the first person and someone\nelse or the first person making it known (directly or indirectly)\nto someone else that a particular outcome (or an outcome of a\nparticular kind) is wanted or required by the first person; and\n(b) may be taken to have been made even though, after all the\nevidence has been considered, the existence of the request or\ndirection can be found only by inference from the actions of\npeople or from other relevant circumstances.\n","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Meaning of offence and of particular kinds of offences","content":"13 Meaning of offence and of particular kinds of offences\noffence means an offence against the law of the Territory, the\n(2) In this Act:\nordinary offence means a relevant offence other than a serious\nrelevant offence—\n(a) means either—\n(i) an offence punishable by imprisonment for longer than\n12 months; or\n\n(ii) an offence against the Work Health and Safety Act 2011,\nsection 31 (1); and\n(b) includes an offence (however described) against the law of the\nCommonwealth, a State or another Territory that may be dealt\nwith under a law of the Commonwealth, the State or the other\nTerritory as an indictable offence (or in a way corresponding to\nthe way in which an indictable offence against an ACT law may\nbe dealt with), even if it may also be dealt with as a summary\noffence (however described) in some circumstances.\nNote An offence against an ACT law is an indictable offence if it is\npunishable by imprisonment for longer than 2 years, or is declared\nby law to be an indictable offence (see Legislation Act, s 190 (1)).\nserious offence—\n(a) generally—means any of the following:\n(i) an offence punishable by imprisonment for 5 years or\nlonger;\n(ii) an offence against the Work Health and Safety Act 2011,\nsection 31 (1);\n(iii) any other offence prescribed by regulation; and\n(b) for an unexplained wealth provision—includes a schedule\noffence and any Commonwealth or State offence that\ncorresponds to a schedule offence.\nNote State includes the Northern Territory (see Legislation Act, dict,\npt 1).\n(3) For this Act, an offence is related to another offence if the physical\nelements of the 2 offences are the same, or substantially the same,\nacts or omissions.\nschedule offence—see the Crimes (Sentencing) Act 2005,\nsection 61B.\n\n","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Meaning of effective control of property","content":"14 Meaning of effective control of property\n(1) For this Act, property may be subject to the effective control of a\nperson whether or not the person has an interest in it.\nNote Interest, in relation to land or other property, means—\n(a) a legal or equitable estate in the land or other property; or\n(b) a right, power or privilege over, or in relation to, the land or other\nSee the Legislation Act, dict, pt 1.\n(2) In deciding whether or not property is subject to the effective control\nof a person, or whether or not there are reasonable grounds to suspect\nor believe that it is, regard may be had to any relevant matter,\nincluding, for example, any of the following:\n(a) shareholdings in, debentures over, or directorships of, a\ncompany that has an interest (whether direct or indirect) in the\nproperty (a relevant company);\n(b) a trust that has a relationship to the property (a relevant trust);\n(c) family, personal, business and other relationships between\npeople having an interest in the property, or in a relevant\ncompany or relevant trust, and other people.\n(3) However, property is taken to be subject to the effective control of a\nperson if—\n(a) it is held by someone else on trust or otherwise for the ultimate\nbenefit of the person; or\n(b) the person disposed of the property without sufficient\nconsideration to someone else—\n(i) if the property is the subject of an application for an\nunexplained wealth restraining order or an unexplained\nwealth order—at any time; or\n\n(ii) if the property is associated with any other confiscation\nproceeding—within 6 years before or after the commission\nof the offence to which the application relates.\nNote 2 For the meaning of sufficient consideration, see dict.\n","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Meaning of convicted and quashed","content":"15 Meaning of convicted and quashed\n(1) For this Act, a person is taken to be convicted of an offence if—\n(a) the person is convicted of the offence, whether summarily or on\nindictment; or\n(b) the person is found guilty, but not convicted, of the offence; or\n(c) the person absconds in relation to the offence.\nNote 1 Found guilty, of an offence, includes—\n• having an order made for the offence under the Crimes (Sentencing)\nAct 2005, s 17 (Non-conviction orders—general)\n• having the offence taken into account under the Crimes (Sentencing)\nAct 2005, s 57 (Outstanding additional offences taken into account\nin sentencing)\n(see Legislation Act, dict, pt 1).\nNote 2 For the meaning of abscond, see s 16.\n(2) The person is taken to be convicted of the offence—\n(a) if subsection (1) (a) applies—on the day the person is convicted;\nor\n(b) if subsection (1) (b) applies—on the day the person is found\nguilty; or\n(c) if subsection (1) (c) applies—\n(i) on the day the person is committed for trial for the offence;\nor\n\n(ii) on the day a court, in a confiscation proceeding, makes an\norder that the evidence is of sufficient weight to support a\nconviction for the offence.\n(3) For this Act, the person’s conviction for the offence is taken to be\nquashed when—\n(a) if subsection (1) (a) applies—the conviction is quashed or set\naside; or\n(b) if subsection (1) (b) applies because the offence was taken into\naccount in passing sentence for another offence—\n(i) the person’s conviction or finding of guilty for the other\noffence is quashed or set aside; or\n(ii) the decision to take the offence into account is quashed or\nset aside; or\n(c) if subsection (1) (b) applies for another reason—the finding of\nguilty for the offence (however described) is quashed or set\naside; or\n(d) if subsection (1) (c) applies—the person is brought before a\ncourt for the offence, and the person is cleared of the offence.\nNote For the meaning of cleared, see s 17.\n(4) However, a person’s conviction for an offence is not taken to be\nquashed if a court quashes or sets aside the conviction or finding of\nguilty (however described) but orders the person to be retried for the\n\n","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"When does someone abscond","content":"16 When does someone abscond\n(1) This section applies to an offender in relation to a relevant offence\nif—\n(a) an indictment is presented against the offender for the offence;\nand\n(b) a warrant is issued for the arrest of the offender for the offence;\nand\n(c) either—\n(i) the offender is committed for trial for the offence; or\n(ii) a court, in a confiscation proceeding, makes a finding that\nthe evidence is of sufficient weight to support the\noffender’s conviction for the offence.\n(2) For this Act, the offender is taken to have absconded in relation to\nthe offence if—\n(a) the offender dies before the warrant is executed; or\n(b) at the end of 6 months after the day the warrant is issued, the\noffender cannot be found; or\n(c) at the end of 6 months after the day the warrant is issued—\n(i) the offender is not amenable to justice for any other reason;\nand\n(ii) if the offender is outside the ACT—an extradition\nproceeding against the offender is not on foot; or\n\n(d) at the end of 6 months after the day the warrant is issued—\n(i) the offender is not amenable to justice because the offender\nis outside the ACT; and\n(ii) an extradition proceeding against the offender is on foot;\nand the extradition proceeding later ends without an order for\nthe offender’s extradition being made.\n","sortOrder":18},{"sectionNumber":"17","sectionType":"section","heading":"When is someone cleared of an offence","content":"17 When is someone cleared of an offence\nFor this Act, a person is cleared of an offence if—\n(a) an indictment for the offence lapses, or is withdrawn or struck\nout; or\n(b) a charge for the offence is withdrawn or discharged; or\n(c) the person is acquitted of the offence; or\n(d) the person’s conviction for the offence is quashed.\n","sortOrder":19},{"sectionNumber":"18","sectionType":"section","heading":"When a proceeding is finalised","content":"18 When a proceeding is finalised\n(1) For this Act, a confiscation proceeding is finalised if—\n(a) the proceeding lapses, or is withdrawn or struck out; or\n(b) the appeal period for an appeal against the final judgment of the\ncourt hearing the proceeding ends without an appeal having\nbeen made against the judgment; or\n(c) if an appeal against the final judgment is made within the appeal\nperiod—the appeal is dismissed, withdrawn or struck out, or the\nappeal is otherwise finalised (within the meaning of this\nsubsection).\n\n(2) For this Act, a criminal proceeding is finalised if—\n(a) the offender is cleared of the offence to which the proceeding\nrelates; or\n(b) the offender is convicted of an offence to which the proceeding\nrelates, and the appeal period for an appeal against the\nconviction or finding of guilty (however described) ends without\nan appeal having been made against it; or\n(c) if an appeal is made against the conviction or finding of guilty\n(however described) within the appeal period—the appeal is\ndismissed, withdrawn or struck out, or the appeal is otherwise\nfinalised (within the meaning of this subsection) without a retrial\nhaving been ordered; or\n(d) if a retrial has been ordered—the proceeding on the retrial is\nfinalised (within the meaning of this subsection).\nappeal period means the period within which an appeal may be made\nwithout an extension of time or leave to make the appeal out of time.\n\n","sortOrder":20},{"sectionNumber":"19","sectionType":"section","heading":"Meaning of restraining order","content":"19 Meaning of restraining order\nrestraining order means an order under section 30 (Restraining\norders over unclaimed tainted property—making), section 31\n(Restraining orders over other property—making) or section 32A\n(Unexplained wealth restraining orders—making) that a person must\nnot deal with the property stated in the order except in accordance\nwith—\n(a) the order; or\n(b) another order under this Act of a relevant court; or\n(c) this Act.\n","sortOrder":21},{"sectionNumber":"20","sectionType":"section","heading":"Meaning of artistic profits restraining order","content":"20 Meaning of artistic profits restraining order\nartistic profits restraining order, in relation to an offence, means a\nrestraining order made solely to satisfy a penalty order for artistic\nprofits in relation to the offence.\n","sortOrder":22},{"sectionNumber":"21","sectionType":"section","heading":"Meaning of unclaimed tainted property restraining order","content":"21 Meaning of unclaimed tainted property restraining order\nunclaimed tainted property restraining order means a restraining\norder made solely over unclaimed tainted property.\nrestraining order does not, of itself, change or end the restraining order\n(see s 46 (2)).\n\nGeneral Division 4.1\n","sortOrder":23},{"sectionNumber":"21A","sectionType":"section","heading":"Meaning of unexplained wealth restraining order","content":"21A Meaning of unexplained wealth restraining order\nunexplained wealth restraining order means a restraining order\nmade under section 32A.\n","sortOrder":24},{"sectionNumber":"22","sectionType":"section","heading":"Restraining orders—purposes","content":"22 Restraining orders—purposes\nA restraining order may be made to preserve property so that the\nproperty will be available for 1 or more of the following purposes:\n(a) for forfeiture under a conviction forfeiture order;\n(b) for automatic forfeiture;\n(c) for forfeiture under a civil forfeiture order;\n(d) to satisfy a penalty order;\n(e) to satisfy an unexplained wealth order.\nNote Pt 5 deals with forfeiture, pt 7 deals with penalty orders and pt 7A deals\nwith unexplained wealth orders.\n","sortOrder":25},{"sectionNumber":"23","sectionType":"section","heading":"Contravening restraining orders","content":"23 Contravening restraining orders\n(a) the person deals with property; and\n(b) the property is subject to a restraining order; and\n(c) the person knows that, or is reckless about the fact that, the\nproperty is subject to a restraining order; and\n(d) the dealing with the property contravenes the order.\nMaximum penalty: 500 penalty units, imprisonment for 5 years or\n(a) the person deals with property; and\n\n(b) the property is subject to a restraining order; and\n(c) the dealing with the property contravenes the order; and\n(d) either of the following applies:\n(i) the restraining order, or details of the order, were recorded\nin a statutory property register under section 50 (2)\n(Restraining orders—registration in statutory property\nregisters) when the person dealt with the property;\n(ii) the person was given notice of the order under section 34\n(Restraining orders—notice of making) before the person\ndealt with the property.\n(3) Strict liability applies to subsection (2) (b), (c) and (d).\n(4) Subsections (1) and (2) do not apply if the dealing with the property\nis in accordance with—\n(a) an additional order under section 39; or\n(b) this Act.\n","sortOrder":26},{"sectionNumber":"24","sectionType":"section","heading":"Setting aside dealings with restrained property","content":"24 Setting aside dealings with restrained property\n(1) The DPP may apply to a relevant court for an order that a dealing with\nrestrained property be set aside if—\n(a) the dealing was in contravention of the restraining order; and\n(b) the dealing—\n(i) was not for sufficient consideration; or\n(ii) transferred property to a person who was not acting\nhonestly; or\n\n(iii) transferred property to a person who did not take\nreasonable care to establish that the property may be\nlawfully acquired by the person.\n(2) On application under subsection (1), the court may make an order\nsetting aside a dealing with property in contravention of a restraining\n(3) The order may be expressed to take effect on—\n(a) the day when the dealing took place; or\n(b) the day when the order setting aside the dealing is made.\n(4) If the court makes an order mentioned in subsection (3) (b), the court\nmust declare the rights of anyone who acquired an interest in the\nproperty on or after the day of the dealing and before the day the order\nis made.\nNote 1 For general provisions about a proceeding for a restraining order (which\n","sortOrder":27},{"sectionNumber":"25","sectionType":"section","heading":"Restraining orders over unclaimed tainted property—","content":"25 Restraining orders over unclaimed tainted property—\n(1) The DPP may apply to a relevant court for a restraining order over\nunclaimed tainted property.\n(a) that the application is for an unclaimed tainted property\nrestraining order;\n(b) the property sought to be restrained.\n\n(3) The application must be supported by an affidavit under section 28\n(Restraining orders over unclaimed tainted property—affidavit\nsupporting application).\n(4) An application for an unclaimed tainted property restraining order\nmust be made only in relation to unclaimed tainted property (but may\nbe made at the same time as an application for a restraining order over\nother property).\n","sortOrder":28},{"sectionNumber":"26","sectionType":"section","heading":"Restraining orders over other property—application","content":"26 Restraining orders over other property—application\n(1) The DPP may apply to a relevant court for a restraining order over\nany of the following:\n(a) stated property of a person;\n(b) stated property of a person and all other property of the person\n(including property acquired after the making of the order);\n(c) all property of a person (including property acquired after the\nmaking of the order);\n(d) all property of a person (including property acquired after the\nmaking of the order) other than stated property.\nNote 1 A reference to a person generally includes a reference to a corporation as\nNote 2 Property includes an interest in property, see the Legislation Act, dict, pt\n1.\n(a) the offence to which the application relates;\n(b) when it is alleged the offence was committed;\n(c) the person who is alleged to have committed the offence;\n(d) the person whose property the application relates to;\n\n(e) the property sought to be restrained (including whether it is\nproperty of the offender or someone else);\nNote Offender includes a corporation, see dict.\n(f) whether the application is for an artistic profits restraining order.\n(3) The application must be supported by an affidavit under section 29\n(Restraining orders over other property—affidavit supporting\napplication).\n(4) For subsection (2) (a), the application need not specify a particular\noffence and it is sufficient if the application states that some offence\nor other was committed.\n(5) For subsection (2) (b), the application need not specify a particular\ntime or day and it is sufficient if the application states a period within\nwhich the offence was committed.\n(6) To remove any doubt—\n(a) an application for a restraining order under this section may be\nmade in relation to an interest (or interests) in property; and\nNote Property includes an interest in property, see the Legislation Act,\ndict, pt 1.\n(b) an application for a restraining order under this section may be\nmade in relation to 2 or more offences; and\n(c) an application for a restraining order under this section may be\nmade in relation to the property of 2 or more people; and\n(d) this section does not apply to an application for—\n(i) a restraining order over unclaimed tainted property; or\n(ii) an unexplained wealth restraining order.\n\n","sortOrder":29},{"sectionNumber":"26A","sectionType":"section","heading":"Unexplained wealth restraining orders—application","content":"26A Unexplained wealth restraining orders—application\n(1) The DPP may apply to a relevant court for an unexplained wealth\nrestraining order over any of the following:\n(a) stated property of a person;\n(b) stated property of a person and all other property of the person\n(including property acquired after the making of the order);\n(c) all property of a person (including property acquired after the\nmaking of the order);\n(d) all property of a person (including property acquired after the\nmaking of the order) other than stated property.\n(a) that the application is for an unexplained wealth restraining\norder;\n(b) the person in relation to whom the order is sought;\n(c) any other person whose property the application relates to;\n(d) the property sought to be restrained (including whether it is the\nproperty of that person or someone else).\n(3) The application must be supported by an affidavit under section 29A.\n","sortOrder":30},{"sectionNumber":"27","sectionType":"section","heading":"Restraining orders—time for making certain applications","content":"27 Restraining orders—time for making certain applications\n(1) This section does not apply to an application for—\n(a) an artistic profits restraining order; or\n(b) an unclaimed tainted property restraining order; or\n(c) an unexplained wealth restraining order.\n\n(2) An application for a restraining order in relation to an ordinary\noffence must be made before the end of the longer of the following\nperiods:\n(a) if an indictment has been presented against the offender for the\noffence, and the offender has not been convicted or cleared of\nthe offence—2 years after the day the indictment was presented;\n(b) if the offender has been convicted of the offence (and not\ncleared)—2 years after the day of the conviction;\n(c) in any case—6 years after the day the offence was committed\n(or is alleged to have been committed).\nNote 2 Indictment is defined in the Legislation Act, dict, pt 1 as including an\nNote 3 The court may allow leave for an application to be made after a time fixed\nby this section in certain circumstances (see s 49 and s 246).\n(3) An application for a restraining order in relation to a serious offence\nmust be made before the end of the longer of the following periods:\n(a) if an indictment has been presented against the offender for the\noffence, and the offender has not been convicted or cleared of\nthe offence—2 years after the day the indictment was presented;\n(b) if the offender has been convicted of the offence—2 years after\nthe day of the conviction;\n(c) in any case—6 years after the day the offence was committed\n(or is alleged to have been committed).\nby this section in certain circumstances (see s 49 and s 246).\n\n","sortOrder":31},{"sectionNumber":"28","sectionType":"section","heading":"Restraining orders over unclaimed tainted property—","content":"28 Restraining orders over unclaimed tainted property—\naffidavit supporting application\nsection 25 (Restraining orders over unclaimed tainted property—\napplication) for an unclaimed tainted property restraining order must\nstate—\n(a) that the police officer suspects that the property is unclaimed\ntainted property; and\n(b) that the property has not been claimed by anyone.\nNote No time limit applies to an application for an unclaimed tainted property\nrestraining order (see s 27 (1) (b)).\n(2) The affidavit must state that the police officer believes that the\nproperty sought to be restrained may be required to satisfy a purpose\nmentioned in section 22 (Restraining orders—purposes).\n(3) For subsection (2), no particular purpose need be stated in the\n(4) The affidavit must state the grounds for each suspicion or belief of\n","sortOrder":32},{"sectionNumber":"29","sectionType":"section","heading":"Restraining orders over other property—affidavit","content":"29 Restraining orders over other property—affidavit\nsupporting application\nsection 26 (Restraining orders over other property—application) for\na restraining order must state—\n(a) that the officer believes that an indictment has been presented\nagainst the offender for a stated relevant offence, or that the\noffender has been convicted of a stated relevant offence; or\n\n(b) that the officer suspects that the offender has committed a stated\nrelevant offence, and that it is intended, within a stated period—\n(i) for an ordinary offence—to present an indictment against\nthe offender for the offence (or a related relevant offence);\nor\n(ii) for a serious offence—\n(A) to present an indictment against the offender for the\noffence (or a related serious offence); or\n(B) to apply for a civil forfeiture order or a penalty order\nin relation to the offence (or a related serious offence).\n(2) Subsection (1) (b) does not require the police officer to specify a\nparticular offence in the affidavit and it is sufficient if the police\nofficer suspects that the offender has committed a particular kind of\noffence and the affidavit describes the nature of the offence in general\nterms.\n(3) If the application is not for an artistic profits restraining order, the\naffidavit must state that the police officer believes that the application\nis being made within the relevant period mentioned in section 27\n(Restraining orders—time for making certain applications) for the\noffence to which the application relates.\nNote No time limit applies to an application for an artistic profits restraining\norder (see s 27 (1) (a)).\n(4) For subsection (3), if the application relates to a serious offence, it is\nsufficient if the police officer believes that the offence was committed\nwithin the relevant period mentioned in section 27, and it is not\nnecessary for the officer to believe that the offence was committed on\nany particular day or time within the relevant period.\n\n(5) The affidavit must state, for the property mentioned in the\n(a) that the officer suspects that the property is either the offender’s\nproperty or the property of someone else; and\noffender’s effective control.\n(6) The affidavit must state that the police officer believes that—\n(a) the property sought to be restrained may be required to satisfy a\npurpose mentioned in section 22 (Restraining orders—\npurposes); and\n(b) if the application is for an artistic profits restraining order—the\nproperty sought to be restrained may be required to satisfy a\npenalty order for artistic profits in relation to the offence.\n(7) For subsection (6) (a), no particular purpose need be stated in the\n(8) The affidavit must state the grounds for each belief or suspicion of\n","sortOrder":33},{"sectionNumber":"29A","sectionType":"section","heading":"Unexplained wealth restraining order—affidavit","content":"29A Unexplained wealth restraining order—affidavit\nsupporting application\nsection 26A for an unexplained wealth restraining order must state\nthat the police officer suspects that—\n(a) a person’s total wealth exceeds the value of the person’s wealth\nthat was lawfully acquired; and\n\n(b) the whole or any part of the person’s wealth was derived from\n(2) Subsection (1) (b) does not require the police officer to specify in the\naffidavit a particular offence for serious criminal activity, and it is\nsufficient if the police officer suspects and the affidavit describes the\nnature of the activity in general terms.\n(3) The affidavit must state, for the property mentioned in the\n(a) that the officer suspects that the property is either the property\nof the person in relation to whom the order is sought or the\nproperty of someone else; and\neffective control of the person in relation to whom the\norder is sought.\n(4) The affidavit must state that the police officer believes that the\nproperty sought to be restrained may be required to satisfy an\nunexplained wealth order.\n(5) The affidavit must state the grounds for each belief or suspicion of\n\n","sortOrder":34},{"sectionNumber":"30","sectionType":"section","heading":"Restraining orders over unclaimed tainted property—","content":"30 Restraining orders over unclaimed tainted property—\nmaking\n(1) This section applies if an application is made under section 25\n(Restraining orders over unclaimed tainted property—application) to\na relevant court for an unclaimed tainted property restraining order in\nrelation to an offence.\n(2) The relevant court must make a restraining order over the property to\nwhich the application relates if, having regard to the police officer’s\naffidavit supporting the application and any other evidence before the\ncourt, the court is satisfied that there are reasonable grounds for the\nofficer’s suspicions and beliefs stated in the affidavit.\nrestraining order does not, of itself, change or end the restraining order\n(see s 46 (2)).\n(3) The restraining order may direct the public trustee and guardian to\ntake control of the restrained property.\nNote For the commencement of a restraining order, see the Legislation Act,\n(4) To remove any doubt, for making a restraining order under this\nsection, it is irrelevant whether there is any risk of the property being\ndealt with in a way that would defeat or hinder the purposes of this\nAct.\n\n","sortOrder":35},{"sectionNumber":"31","sectionType":"section","heading":"Restraining orders over other property—making","content":"31 Restraining orders over other property—making\n(1) This section applies if an application is made under section 26\n(Restraining orders over other property—application) to a relevant\ncourt for a restraining order in relation to an offence.\n(2) The relevant court must make a restraining order over the property to\nwhich the application relates if, having regard to the police officer’s\naffidavit supporting the application and any other evidence before the\ncourt—\n(a) the court is satisfied that there are reasonable grounds for the\nofficer’s beliefs and suspicions stated in the affidavit; and\n(b) if an indictment has not been presented for the offence, or the\noffence is a serious offence of which the offender has been\ncleared—the court is satisfied that, within 6 weeks after the date\nof the order or (if allowed by the court) a longer period of not\nlonger than 3 months after that date—\n(i) for an ordinary offence—it is intended to present an\nindictment against the offender for the offence (or a related\nrelevant offence); or\n(ii) for a serious offence—\n(A) it is intended to present an indictment against the\noffender for the offence (or a related serious offence);\nor\n(B) it is intended to apply for a civil forfeiture order or a\npenalty order in relation to the offence (or a related\nserious offence).\n(3) The restraining order may do either or both of the following:\n(a) direct the public trustee and guardian to take control of the\nrestrained property or stated restrained property;\n\n(b) provide, under section 37 or section 38, for living and business\nexpenses, or legal expenses, to be met out of the restrained\nNote For the commencement of a restraining order, see the Legislation Act,\n(4) The relevant court may refuse to make the restraining order if the DPP\ndoes not give the relevant court any undertaking that the court\nconsiders appropriate about the payment of damages or costs in\nrelation to the making or operation of the order.\n(5) To remove any doubt—\n(a) a restraining order may be made under this section in relation to\nan interest (or interests) in property; and\nNote Property includes an interest in property, see the Legislation Act,\ndict, pt 1.\n(b) a restraining order may relate to 2 or more offences committed\n(or alleged to have been committed) by an offender; and\nNote Offender includes a corporation, see dict.\n(c) a restraining order may relate to the property of 2 or more\npeople; and\n(d) for making a restraining order under this section, it is irrelevant\nwhether there is any risk of the property being dealt with in a\nway that would defeat or hinder the purposes of this Act.\n\n","sortOrder":36},{"sectionNumber":"32","sectionType":"section","heading":"Making of restraining orders—specific serious offence","content":"32 Making of restraining orders—specific serious offence\nnot required etc\n(1) For section 31 and to remove any doubt, if the relevant court is\nsatisfied that there are reasonable grounds for the police officer’s\nbelief that a serious offence was committed by the offender within the\nrelevant period mentioned in section 27 (Restraining orders—time for\nmaking certain applications), the court must not refuse to make a\nrestraining order in relation to the offence only because the court is\nnot satisfied—\n(a) that the officer had any belief that a particular serious offence\nwas committed within the relevant period; or\n(b) that the officer had any belief about the particular day or time\nwhen the offender committed the offence within the relevant\nperiod; or\n(c) that there are reasonable grounds for any belief by the officer\nabout anything mentioned in paragraph (a) or (b).\n(2) Also, for section 31 and to remove any doubt, the relevant court must\nnot refuse to make a restraining order in relation to the offender only\nbecause—\n(d) a doubt is raised about whether the person committed the\n\n","sortOrder":37},{"sectionNumber":"32A","sectionType":"section","heading":"Unexplained wealth restraining order—making","content":"32A Unexplained wealth restraining order—making\n(1) This section applies if an application is made under section 26A to a\nrelevant court for an unexplained wealth restraining order.\n(2) The relevant court must make an unexplained wealth restraining order\nover the property to which the application relates if, having regard to\nthe police officer’s affidavit supporting the application and any other\nevidence before the court, the court is satisfied there are reasonable\ngrounds for the officer’s suspicions stated in the affidavit.\n(3) The restraining order may direct the public trustee and guardian to\ntake control of the restrained property.\n","sortOrder":38},{"sectionNumber":"33","sectionType":"section","heading":"Restraining orders—contents","content":"33 Restraining orders—contents\n(1) A restraining order must state that a person must not deal with the\nproperty stated in the order except in accordance with—\n(a) the order; or\n(b) another order under this Act of a relevant court; or\n(c) this Act.\n(2) A restraining order (other than an unclaimed tainted property\nrestraining order) must also state—\n(a) that it is a restraining order under this Act; and\n(b) the person (or people) whose property it applies to; and\n(c) for each person to whose property it applies to—the property to\nwhich it applies, including whether it applies to property\nacquired after the making of the order; and\n\n(d) if section 31 (2) (b) (Restraining orders over other property—\nmaking) applies to the restraining order—the applicable period\nunder the paragraph; and\nNote The restraining order ends unless an indictment is presented or, for\na serious offence, a forfeiture or penalty application is made, before\nthe end of the stated period (see table 47 and table 48).\n(e) if the order directs the public trustee and guardian to take control\nof the restrained property or stated restrained property—the\ndirection and the property to which it applies; and\n(f) if the relevant court making the order has given a direction under\nsection 35 (Restraining order proceedings—restrictions on\ndisclosure)—\n(ii) the effect of section 36 (Restraining orders—disclosure\noffences) in relation to the direction; and\n(g) if the order provides, under section 37 or section 38, for living\nand business expenses, or legal expenses, to be met out of the\nrestrained property—\n(i) the kind of expenses that may be met out of the restrained\nproperty; and\n(ii) the period during which the expenses may be met out of\nthe restrained property; and\n(iii) the maximum amount of the expenses that may be met out\nof the restrained property.\n(3) An unclaimed tainted property restraining order must also state—\n(a) that it is an unclaimed tainted property restraining order under\nthis Act; and\n(b) the property to which it applies; and\n\n(c) if the relevant court making the order has given a direction under\nsection 35—\n(ii) the effect of section 36 in relation to the direction; and\n(d) that, unless a relevant court makes an order that stops the\noperation of the restraining order over the property, the property\nwill be automatically forfeited under this Act to the Territory at\nthe end of 14 days after the day the order is made.\n(4) A failure by a relevant court to comply with this section in relation to\nthe restraining order does not invalidate the restraining order or any\nforfeiture order or automatic forfeiture made in relation to the\nproperty restrained under the restraining order.\n","sortOrder":39},{"sectionNumber":"34","sectionType":"section","heading":"Restraining orders—notice of making","content":"34 Restraining orders—notice of making\n(1) If a court makes a restraining order over property, the DPP must give\na copy of the order to—\n(a) for an unclaimed tainted property restraining order—anyone the\nDPP suspects may have an interest in the property; and\n(b) for any other restraining order—the owner of the restrained\nproperty and anyone else the DPP suspects may have an interest\nin the property.\n(2) A relevant court may order the DPP to—\n(a) give a copy of a restraining order, the application for the order\nor the supporting affidavit to anyone and may give directions\nabout how any document is to be given to the person; or\n(b) give notice of the order to anyone and may give directions about\nhow the notice is to be given.\n\n(3) Subsections (1) and (2) have effect subject to any direction of the\ncourt under section 35.\n","sortOrder":40},{"sectionNumber":"35","sectionType":"section","heading":"Restraining order proceedings—restrictions on","content":"35 Restraining order proceedings—restrictions on\n(1) On application by the DPP, a relevant court hearing an application for\na restraining order may give directions prohibiting or restricting the\npublication or disclosure of 1 or more of the following:\n(a) the fact that an application for the order, or that a restraining\norder, has been made;\n(b) the application for the order;\n(c) the supporting affidavit for the order and any other affidavit filed\nin relation to the application;\n(d) any information about the proceeding (whether or not a hearing\nhas been held);\n(e) any evidence given, statement made or thing done during the\nproceeding;\n(f) any information, document or thing derived from anything\n1 that the application for the restraining order and a stated part of the supporting\naffidavit not be disclosed to the person against whom the restraining order is\nmade until the court has decided an application for another restraining order\nagainst someone else’s property\n2 that the supporting affidavit must be made available only to the offender’s\nlawyer\n(2) In deciding whether to give a direction under subsection (1), the court\nmust have regard to whether the direction—\n\ndeciding whether to give a direction under subsection (1).\n","sortOrder":41},{"sectionNumber":"36","sectionType":"section","heading":"Restraining orders—disclosure offences","content":"36 Restraining orders—disclosure offences\ncopy of the restraining order to which the direction relates or\notherwise); and\ncopy of the restraining order to which the direction relates or\notherwise); and\nand\n\nleave, must be heard in closed court (see s (8)).\n\nand\n\n","sortOrder":42},{"sectionNumber":"37","sectionType":"section","heading":"Payment of living and business expenses from restrained","content":"37 Payment of living and business expenses from restrained\n(1) A relevant court may, in a restraining order or an order under\nsection 39 (Additional orders about restraining orders and restrained\nproperty) varying a restraining order, allow any of the following\nexpenses to be met out of the restrained property of a person, or a\nstated part of the property:\n(a) the living and business expenses of the person (other than the\nperson’s legal expenses in defending a criminal charge);\n(b) the living expenses of a dependant of the person.\nNote 1 For legal expenses in defending a criminal charge, see s 38.\nNote 2 For the meaning of dependant, see dict.\n(2) However, the court must not allow expenses to be met out of\nrestrained property unless—\n(a) the person satisfies the court that—\n(i) the expenses are reasonable; and\n(ii) the expenses are necessary to avoid undue hardship to the\nperson or the person’s dependants; and\n(iii) the expenses cannot be met out of property of the person\nnot subject to a restraining order; and\n(b) the court is satisfied that any property to be released from\nrestraint for the expenses does not have evidentiary value in any\ncriminal proceeding; and\n(c) if the restrained property includes tainted property—the court is\n(i) the tainted property is not required to meet the expenses;\nor\n\n(ii) if the tainted property is required to meet the expenses—it\nis just and equitable for the tainted property to meet the\nexpenses.\n(3) When deciding whether expenses are reasonable, or necessary to\navoid undue hardship, the court must take into account that—\n(a) a person should be able to—\n(i) satisfy the person’s essential physical and psychological\nneeds; and\n(ii) have a minimum standard of living that is neither meagre\nnor luxurious; and\n(iii) participate in the life of the person’s community; and\n(iv) have nutritious food, access to transport or personal\ntransportation, appropriate clothing for the place where the\nperson lives, furniture and essential appliances; and\n(v) have equipment to participate in ordinary leisure activities;\nand\n(b) the purpose of allowing living and business expenses is not to\navoid every hardship but only undue hardship to the person or\nthe person’s dependants.\n(4) When determining undue hardship, the court must as far as\npracticable having regard to the minimum standard of living\nmentioned in subsection (3) (a) (ii), not take into account hardship\narising from the loss of a previous standard of living to the extent that\nthe previous standard of living was likely to have been the result of\nthe commission of an offence, a material advantage derived from an\noffence or unexplained wealth.\n(5) For subsection (2) (b), the court must assume the property does not\nhave evidentiary value unless the contrary is proved.\n\n(6) A regulation may—\n(a) prescribe matters to which the court may, must or must not have\nregard for subsection (2) (a) (i) or (ii); and\n(b) prescribe, or make provision in relation to, the maximum\namount of living or business expenses of a person that may be\nallowed (for a period or otherwise).\n(7) A regulation made for this section may apply, adopt or incorporate\n(with or without change) a provision of a law of the Commonwealth\nor a State, or an instrument, as in force from time to time.\nNote 1 The text of an applied, adopted or incorporated law or instrument,\nwhether applied as in force from time to time or at a particular time, is\ntaken to be a notifiable instrument if the operation of the Legislation Act,\ns 47 (5) or (6) is not disapplied (see s 47 (7)).\nNote 2 A notifiable instrument must be notified under the Legislation Act.\n","sortOrder":43},{"sectionNumber":"38","sectionType":"section","heading":"Payment of certain legal expenses from restrained","content":"38 Payment of certain legal expenses from restrained\n(1) A relevant court may, in a restraining order or an order under\nsection 39 (Additional orders about restraining orders and restrained\nproperty) varying a restraining order, allow a person’s legal expenses\nin defending a criminal charge to be met out of the restrained property\nof the person, or a stated part of the property.\n(2) However, the court must not allow the legal expenses to be met out\nof restrained property unless—\n(a) the person applies for an order for the legal expenses to be met\nout of restrained property; and\n(b) the application is supported by an affidavit of the person setting\nout all of the person’s interests in property, including any\nproperty of the person outside Australia, and the person’s\nliabilities; and\n\n(c) the court is satisfied that—\n(i) the affidavit is a true statement of the person’s interests in\nproperty and the person’s liabilities; and\n(ii) the person has taken all reasonable steps to bring any\nproperty outside Australia within the jurisdiction of the\ncourt; and\n(iii) the legal expenses cannot be met out of property of the\nperson not subject to a restraining order; and\n(iv) any property to be released from restraint for the expenses\ndoes not have evidentiary value in any criminal\nproceeding; and\n(d) if the restrained property includes tainted property—the court is\n(i) the tainted property is not required to meet the legal\nexpenses; or\n(ii) if the tainted property is required to meet the expenses—it\nis just and equitable for the tainted property to meet the\nexpenses.\n(3) For subsection (2) (c) (iv), the court must assume the property does\nnot have evidentiary value unless the contrary is proved.\n(4) If the court makes or varies a restraining order that allows the legal\nexpenses to be met out of restrained property, the court must include\nin the order conditions ensuring that—\n(a) restrained property is used only to meet legal fees,\ndisbursements and out-of-pocket expenses incurred by the\nperson in defending the criminal charge; and\n(b) all legal fees, disbursements and out-of-pocket expenses are\nproperly and reasonably incurred by the person; and\n\n(c) all legal fees are calculated in accordance with the scale of costs\nfor criminal matters determined by the legal aid commission in\naccordance with the Legal Aid Act 1977, section 31C.\n","sortOrder":44},{"sectionNumber":"39","sectionType":"section","heading":"Additional orders about restraining orders and restrained","content":"39 Additional orders about restraining orders and restrained\n(1) A relevant court may, when it makes a restraining order or at any later\ntime before the order ends, make any additional order that the court\nconsiders appropriate in relation to the restraining order or restrained\nproperty (other than an order mentioned in subsection (2)).\nExamples of additional orders\n1 an order varying the property subject to the restraining order (other than an\norder excluding property from the restraining order)\n2 an order authorising the disposal of the property subject to the restraining order\nto satisfy a penalty order\n3 an order varying any condition to which the restraining order is subject.\n4 an order that living or business expenses of a person, or legal expenses of a\nperson to defend a criminal charge, be met out of restrained property\n5 an order for the carrying out of any undertaking about the payment of damages\nor costs given by the Territory in relation to the making or operation of the\nrestraining order\n6 an order for the examination of anyone before the court, or an officer of the\ncourt, about the affairs (including the nature and location of any property) of\nthe owner of restrained property or of the offender\n7 an order for the examination of anyone before the court, or an officer of the\ncourt, about any property that may be tainted property\n8 an order directing the owner of the restrained property or anyone else to give\nto a stated person, within a stated period, a sworn statement about stated\nparticulars of the restrained property\n9 an order directing the registrar-general not to register any instrument affecting\nrestrained property except in accordance with the order\n10 an order directing the owner of restrained property or anyone else to do\nanything necessary or convenient to be done to allow the public trustee and\nguardian to take control of the property in accordance with the restraining\norder, including anything necessary or convenient to be done to bring the\nproperty within the jurisdiction\n\n11 if the restraining order directs the public trustee and guardian to take control\nof property, an order regulating how the public trustee and guardian may\nexercise functions under the restraining order or an order deciding any\nquestion about the property\nNote For general provisions about additional orders under this section (which\n(2) However, the court must not make any of the following orders under\nsubsection (1):\n(a) an order revoking or otherwise ending a restraining order;\n(b) an order for the extension of the period a restraining order is to\nremain in force;\n(c) an order for the exclusion of property from a restraining order.\nNote 1 For the revocation of a restraining order, see s 43 and s 44.\nNote 2 For the extension of the operation of a restraining order, see s 49.\nNote 3 For the exclusion of property from a restraining order, see pt 6.\n(3) Also, the court must not make an order that living or business\nexpenses of a person, or legal expenses of a person to defend a\ncriminal charge, be met out of restrained property unless the order is\nmade in accordance with section 37 or section 38 (as appropriate).\n(4) If the DPP proposes to oppose an application by a person under this\nsection for an additional order, the DPP must give the applicant, and\nanyone else to whom notice of the application was given, written\nnotice of the grounds on which the application will be opposed.\n(5) To remove any doubt, an additional order under this section does not\nend only because the restraining order ends or the property to which\nthe additional order relates ceases to be restrained property.\n\n","sortOrder":45},{"sectionNumber":"40","sectionType":"section","heading":"Contravention of additional orders under s 39","content":"40 Contravention of additional orders under s 39\n(a) a relevant court makes an additional order under section 39; and\n(b) the person has notice of the order (whether by being given a\n(c) the person contravenes the order.\n","sortOrder":46},{"sectionNumber":"41","sectionType":"section","heading":"Meaning of forfeiture or penalty application for div 4.3","content":"41 Meaning of forfeiture or penalty application for div 4.3\nforfeiture or penalty application means an application for a forfeiture\norder or a penalty order.\n","sortOrder":47},{"sectionNumber":"42","sectionType":"section","heading":"Restraining orders generally not time limited","content":"42 Restraining orders generally not time limited\nA restraining order operates (or continues to operate) until it ends\nunder this division (including in accordance with an order under\nsection 49 (Extension of time for restraining orders)).\n","sortOrder":48},{"sectionNumber":"43","sectionType":"section","heading":"Revocation or variation of restraining orders made","content":"43 Revocation or variation of restraining orders made\nwithout notice of application\n(1) A person with an interest in restrained property may apply to the court\nthat made the restraining order for the revocation, by order, of the\nrestraining order if the DPP did not give the person notice of the\napplication for the order.\n(2) The court must not make an order revoking the restraining order\nunless it is satisfied that there were not and are no longer, or there are\nno longer, sufficient grounds for making the order.\n\n(3) However, if the DPP has told the court that the restraining order\napplies to property that has evidentiary value in a criminal\nproceeding, the court must not revoke the restraining order without\nthe DPP’s agreement but may, by order, vary the restraining order to\nexclude any part of the property that the DPP has told the court does\nnot have evidentiary value.\n(4) If the DPP proposes to oppose an application by a person under this\nsection for the revocation of a restraining order, the DPP must give\nthe applicant, and anyone else to whom notice of the application was\ngiven, written notice of the grounds on which the application will be\nopposed.\n","sortOrder":49},{"sectionNumber":"44","sectionType":"section","heading":"Revocation or variation of restraining orders if security or","content":"44 Revocation or variation of restraining orders if security or\nundertakings given\n(1) The owner of restrained property may apply to the court that made\nthe restraining order for the restraining order to be revoked or varied,\nby order, under this section.\n(2) The court must not make an order revoking the restraining order\nunless the DPP has told the court that the owner has given—\n(a) security satisfactory to the DPP to the value estimated by the\nDPP of any order that may be sought under this Act in relation\nto the offence in relation to which the order was made (and any\nrelated offence); or\n(b) an undertaking satisfactory to the DPP about the restrained\n(3) However, if the owner can only give security or an undertaking that\npartly satisfies the DPP, the court may, by order, vary the restraining\norder to exclude particular property in relation to which the DPP has\ntold the court that satisfactory security or a satisfactory undertaking\nhas been given.\n\n(4) Also, if the DPP has told the court that the restraining order applies\nto property that has evidentiary value in a criminal proceeding, the\ncourt must not revoke the restraining order without the DPP’s\nagreement but may, by order, vary the restraining order to exclude\nany part of the property that the DPP has told the court does not have\nevidentiary value.\n(5) If the DPP proposes to oppose an application by a person under this\nsection for the revocation of a restraining order, the DPP must give\nthe applicant, and anyone else to whom notice of the application was\ngiven, written notice of the grounds on which the application will be\nopposed.\n(6) The court may order that the revocation or variation of a restraining\norder under this section takes effect at a stated time or on the\nhappening of a stated event.\n","sortOrder":50},{"sectionNumber":"45","sectionType":"section","heading":"When restraining order over particular property ends","content":"45 When restraining order over particular property ends\n(1) A restraining order over particular property ends—\n(a) if the restraining order stops applying to the property in\naccordance with an order under this Act (for example, an\nexclusion order); or\n(b) if the property is forfeited under this Act—when the property\nvests in law in the Territory and the public trustee and guardian\ntakes control of the property; or\n(c) if the property is disposed of by the public trustee and guardian\nto satisfy a penalty order; or\n(d) when the restraining order ends under this division.\nNote On forfeiture, restrained property vests in the Territory. However,\nregistrable property does not vest in law in the Territory until the\nTerritory’s interest is registered in the appropriate register. Until then, it\nis vested in equity in the Territory (see s 109 and s 110).\n\n(2) To remove any doubt, the ending of a restraining order over particular\nproperty does not affect the operation of the restraining order in\nrelation to other property restrained under the order.\n","sortOrder":51},{"sectionNumber":"46","sectionType":"section","heading":"When unclaimed tainted property restraining order ends","content":"46 When unclaimed tainted property restraining order ends\n(1) An unclaimed tainted property restraining order over property ends\nif—\n(a) the restraining order stops applying to the property in\naccordance with an order under this Act (for example, an\nexclusion order); or\n(b) the automatic forfeiture of the property is fully satisfied.\n(2) If a person claims an interest in the property to which the unclaimed\ntainted property restraining order applies, the order does not cease to\nbe an unclaimed tainted property restraining order, or cease to apply\nto the property, only because of the making of the claim.\n(3) The relevant court may, on the application of the DPP while the order\nis in force, order that the restraining order is to end earlier than\notherwise provided for by this section.\n","sortOrder":52},{"sectionNumber":"47","sectionType":"section","heading":"When restraining order ends—ordinary offences","content":"47 When restraining order ends—ordinary offences\norder has been made in relation to an ordinary offence.\n(2) However, this section does not apply if the restraining order was also\ngiven in relation to a related serious offence, or is varied to apply to\na related serious offence.\n\n(3) The restraining order ends for the circumstances stated in table 47,\ncolumn 2 at the time indicated for those circumstances in column 3.\nNote 1 The restraining order may continue to operate in relation to related\nordinary offences (see s (6)).\nNote 2 For the ending of forfeiture and penalty orders for ordinary offences,\nsee—\n• s 56 (When conviction forfeiture order ends)\n• s 98 (When penalty order ends).\n(4) A reference in table 47 to a person being convicted of the offence\nmentioned in subsection (1) includes a reference to the person being\nconvicted of a related offence instead of the offence mentioned in\nsubsection (1).\n(5) For table 47, items 4 and 6, if more than 1 forfeiture or penalty\napplication is made within the period stated in the item, column 2, the\nrestraining order ends at the latest time that it would end if any of\nthose applications were the only forfeiture or penalty application\n(6) If, within the period stated in the restraining order under\nsection 33 (2) (d) (Restraining order—contents), an indictment is\npresented against the offender for another ordinary offence or\noffences related to the offence mentioned in subsection (1) (the\nprimary offence), the restraining order ends at the later of the\nfollowing times:\n(a) the time that it would end if there were no related offences;\n(b) the latest time that it would end if—\n(i) the related offence or any of the related offences, taken by\nitself, were the primary offence; and\n(ii) there were no other offences in relation to which the\nrestraining order had been made.\n\n(7) The relevant court may, on the application of the DPP while the order\nis in force, order that the restraining order is to end earlier than\notherwise provided for by this section.\nTable 47 Ending of restraining orders—ordinary offences\nitem\nwhen restraining order\nends\n1 an indictment is not presented against the\noffender for the offence before the end of\nthe period stated in the restraining order\nunder section 33 (2) (d)\nend of the period stated in\nthe restraining order under\nthat paragraph\n2 an indictment is presented against the\noffender for the offence before the end of\nthe period stated in the restraining order\nunder section 33 (2) (d), but the offender is\ncleared of the offence\nwhen the offender is cleared\nof the offence\n3 the offender is convicted of the offence, the\nrestraining order is made before the\nconviction, and no forfeiture or penalty\napplication is made within 6 months after\nthe day of the conviction\nend of the 6 month period\n\nitem\nwhen restraining order\nends\n4 the offender is convicted of the offence, the\nrestraining order is made before the\nconviction, and a forfeiture or penalty\napplication is made within 6 months after\nthe day of the conviction\nat or after the finalisation of\nthe proceeding in relation to\nthe application, as follows:\nat the finalisation of the\nproceeding—at that\ntime;\nat that time—when the\nforfeiture order or\npenalty order ends\n5 the offender is convicted of the offence, the\nrestraining order is made on the same day\nas, or after, the conviction, and no forfeiture\nor penalty application is made within\n6 months after the day the restraining order\nwas made\nend of the 6 month period\n6 the offender is convicted of the offence, the\nrestraining order is made on the same day\nas, or after, the conviction, and a forfeiture\nor penalty application is made within\n6 months after the day the restraining order\nwas made\nat or after the finalisation of\nthe proceeding in relation to\nthe application, as follows:\nat the time of the\nfinalisation of the\nproceeding—at that\ntime;\nat that time—when the\nforfeiture order or\npenalty order ends\n\n","sortOrder":53},{"sectionNumber":"48","sectionType":"section","heading":"When restraining order ends—serious offences","content":"48 When restraining order ends—serious offences\norder has been made in relation to a serious offence.\n(2) The restraining order ends for the circumstances stated in table 48,\ncolumn 2 at the time indicated for those circumstances in column 3.\nNote 1 The restraining order may continue to operate in relation to related\nserious offences (see s (5)).\nNote 2 For the ending of forfeiture and penalty orders for serious offences, see—\n• s 56 (When conviction forfeiture order ends)\n• s 71 (When civil forfeiture order ends)\n• s 98 (When penalty order ends).\nNote 3 For the ending of automatic forfeiture for serious offences, see s 61.\n(3) A reference in table 48 to a person being convicted of the offence\nmentioned in subsection (1) includes a reference to the person being\nconvicted of a related offence instead of the offence mentioned in\nsubsection (1).\n(4) For table 48, item 4, if more than 1 forfeiture or penalty application\nis made before the restraining order ends under item 1, 2 or 3, the\nrestraining order ends at the latest time that it would end if any of\nthose applications were the only forfeiture or penalty application\n(5) If, within the period stated in the restraining order under\nsection 33 (2) (d) (Restraining order—contents), an indictment is\npresented against the offender for another offence or offences related\nto the offence mentioned in subsection (1) (the primary offence), the\nrestraining order ends at the later of the following times:\n(a) the time that it would end under this section if there were no\nrelated offences;\n\n(b) the latest time that it would end under this section or section 47\n(When restraining order ends—ordinary offences) if—\n(i) the related offence or any of the related offences, taken by\nitself, were the primary offence; and\n(ii) there were no other offences in relation to which the\nrestraining order had been made.\n(6) The relevant court may, on the application of the DPP while the order\nis in force, order that a restraining order ends earlier than otherwise\nprovided for by this section.\nTable 48 Ending of restraining orders—serious offences\nitem\nwhen restraining order ends\n1 an indictment is not presented\nagainst the offender for the offence,\nor a forfeiture or penalty application\nis not made, before the end of the\nperiod stated in the restraining order\nunder section 33 (2) (d)\nend of the period stated in the\nrestraining order under that\nparagraph\n2 the offender is cleared or convicted\nof the offence, the restraining order\nis made before the offender is\ncleared or convicted of the offence,\nand no forfeiture or penalty\napplication is made within 6 months\nafter the day the offender is cleared\nor convicted\nfollowing events applies:\n(a) end of the 6 month period;\n(b) when the automatic\n\nitem\nwhen restraining order ends\n3 the offender is cleared or convicted\nof the offence, the restraining order\nis made on the same day as, or after,\nthe offender is cleared or convicted\nof the offence, and no forfeiture or\npenalty application is made within\n6 months after the day the offender\nis cleared or convicted\nfollowing events applies:\n(a) end of the 6 month period;\n(b) when the automatic\n4 a forfeiture or penalty application is\nmade before the restraining order\nends under item 1, 2 or 3\nfollowing events applies on or\nafter the finalisation of the\nproceeding in relation to the\napplication:\npenalty order is in force at\nthe time of the finalisation\nof the proceeding—when\nthe proceeding is finalised;\npenalty order is in force at\nthat time—when the order\nends;\n(c) if the offender has been\nconvicted of the offence—\nwhen the automatic\n","sortOrder":54},{"sectionNumber":"48A","sectionType":"section","heading":"When unexplained wealth restraining order ends","content":"48A When unexplained wealth restraining order ends\n(1) An unexplained wealth restraining order ends if—\n(a) no application for an unexplained wealth order has been made\nin relation to the person to whom the restraining order relates\nwithin 6 weeks after the restraining order was made; or\n\nSection\n(b) an unexplained wealth order was applied for, the court refused\nto make the order and 1 of the following applies:\n(i) the time for an appeal against the refusal has ended without\nan appeal being lodged;\n(ii) an appeal against the refusal has lapsed;\n(iii) an appeal against the refusal has been dismissed and finally\n(2) An unexplained wealth restraining order also ends if—\n(a) an application for an unexplained wealth order was made within\n6 weeks after the restraining order was made; and\n(b) the court made the unexplained wealth order; and\n(c) either—\n(i) the unexplained wealth order has been complied with; or\n(ii) an appeal against the unexplained wealth order has been\nupheld and finally disposed of.\n","sortOrder":55},{"sectionNumber":"49","sectionType":"section","heading":"Extension of time for restraining orders","content":"49 Extension of time for restraining orders\norder is or has been in force in relation to the commission (or the\nalleged commission) of a relevant offence, despite anything else in\n(2) On the application of the DPP, the court that made the restraining\norder may make either or both of the following orders:\n(a) an order that the restraining order is to remain in force for a\nstated period (or as stated in the order);\n(b) an order that a restraining order that has ended is to be revived\nfor a stated period (or as stated in the order).\n\n(3) The order may be stated to have effect—\n(a) immediately; or\n(b) at a stated time; or\n(c) if a stated event happens.\n(4) The court may make an order under this section only if satisfied\n(a) any additional property to which the application relates was (or\nwill be) derived from the offence, or identified, only after the\nrestraining order ended (or would otherwise end); or\n(b) necessary evidence for the making of a forfeiture or penalty\napplication has (or will) become available only after the\nrestraining order ended (or would otherwise end); or\n(c) if an automatic forfeiture in relation to a serious offence ends\nbecause the offender is cleared of the offence—it is desirable in\nrelation to an application for a civil forfeiture order or a penalty\norder under section 85 (Penalty orders—commission of serious\noffences); or\n(d) it is otherwise desirable having regard to the purposes of this\nAct.\n","sortOrder":56},{"sectionNumber":"50","sectionType":"section","heading":"Restraining orders—registration in statutory property","content":"50 Restraining orders—registration in statutory property\nregisters\n(1) This section applies if a restraining order is over property that may be\nrecorded in a statutory property register\n\nRestraining orders—other matters Division 4.4\n(2) The restraining order, or details of the restraining order, may be\nrecorded in the register—\n(a) for a restraining order over land registered under the Land Titles\nAct 1925—on a responsible authority giving a copy of the\nrestraining order to the registrar-general; or\nNote The registrar-general may, on receipt of the order, enter a caveat\nfor the prevention of any fraud or improper dealing (see Land Titles\nAct 1925, s 14 (1) (h)).\n(b) in any other case—on application by a responsible authority.\n(3) Anyone who acquires an interest in the property after the recording\nof the restraining order in the register is taken to have notice of the\nrestraining order at the time of acquisition.\n(4) If the property stops being restrained property, the responsible\nauthority must—\n(a) for a restraining order over land registered under the Land Titles\nAct 1925—tell the registrar-general of the cancellation of the\nrestraining order; or\n(b) in any other case—apply for the cancellation of the restraining\norder’s registration in the statutory property register.\nresponsible authority means—\n(a) the DPP; or\n(b) if the public trustee and guardian has taken control of the\nproperty under this Act—the public trustee and guardian; or\n(c) for a registered interstate restraining order—anyone who is\nauthorised under the corresponding law under which the order\nwas made to register a restraining order, or details of a\nrestraining order, in a statutory property register.\n\n","sortOrder":57},{"sectionNumber":"51","sectionType":"section","heading":"Penalty orders—execution against restrained property","content":"51 Penalty orders—execution against restrained property\n(1) A restraining order over the property of a person does not prevent the\nlevying of execution against the property, entirely or in part, in\nsatisfaction of a penalty order in force against the person.\n(2) However, the property must not be disposed of, or otherwise dealt\nwith, except in accordance with an order of a relevant court under\nsection 39 (1) (Additional orders about restraining orders and\nrestrained property).\n\nConviction forfeiture orders Division 5.1\n","sortOrder":58},{"sectionNumber":"52","sectionType":"section","heading":"Meaning of conviction forfeiture order","content":"52 Meaning of conviction forfeiture order\nconviction forfeiture order means an order under section 54\n(Conviction forfeiture orders—making) for the forfeiture to the\nTerritory of tainted property in relation to a relevant offence.\n","sortOrder":59},{"sectionNumber":"53","sectionType":"section","heading":"Conviction forfeiture orders—application","content":"53 Conviction forfeiture orders—application\n(1) The DPP may apply to a relevant court for a conviction forfeiture\norder against a person.\n(2) The application may be made before or after, or at the same time as,\nthe person’s conviction for a relevant offence.\n(3) However, if the person has been convicted of the offence, the DPP\nmust make the application within 2 years after the day of the\nconviction.\nNote The court may allow leave for an application to be made after the time\nfixed by this section in certain circumstances (see s 246).\n\n","sortOrder":60},{"sectionNumber":"54","sectionType":"section","heading":"Conviction forfeiture orders—making","content":"54 Conviction forfeiture orders—making\n(1) On application under section 53, the court must make an order for the\nforfeiture to the Territory of tainted property in relation to the relevant\noffence if satisfied that—\n(a) the offender has been convicted of the offence; and\n(b) the offender has not been cleared of the offence; and\n(c) the property, or any of the property, to which the application\nrelates is tainted property in relation to the offence.\n(2) If a court makes the order, it must state in the order—\n(a) the property to which it applies; and\n(b) what it considers to be the value of the property (other than\nmoney) to be forfeited to the Territory under the order at the time\nthe order is made.\n","sortOrder":61},{"sectionNumber":"55","sectionType":"section","heading":"Conviction forfeiture orders—forfeiture","content":"55 Conviction forfeiture orders—forfeiture\n(1) The property to which the conviction forfeiture order applies is\nforfeited to the Territory at the end of 14 days after the day the order\nis made, except so far as the property is excluded from forfeiture\nunder an exclusion order.\n(2) However, if an application for an exclusion order in relation to the\n\nAutomatic forfeiture—conviction for serious offences Division 5.2\n","sortOrder":62},{"sectionNumber":"56","sectionType":"section","heading":"When conviction forfeiture order ends","content":"56 When conviction forfeiture order ends\n(1) A conviction forfeiture order ends if—\n(a) the offender is cleared of the offence to which the order relates,\nand all related offences (if any); or\n(b) the order is reversed or set aside on appeal; or\n(c) the order is fully satisfied.\n(2) The order is satisfied for a particular interest in forfeited property if\nthe interest is bought back under section 127 (Buyback orders—\nbuying interest in property).\n","sortOrder":63},{"sectionNumber":"Div 5","sectionType":"division","heading":"2 Automatic forfeiture—conviction for","content":"Division 5.2 Automatic forfeiture—conviction for\nserious offences\n","sortOrder":64},{"sectionNumber":"57","sectionType":"section","heading":"Unclaimed tainted property restraining orders—","content":"57 Unclaimed tainted property restraining orders—\nnon-application of div 5.2\nThis division does not apply to property restrained under an\nunclaimed tainted property restraining order.\nNote For the forfeiture of unclaimed tainted property, see div 5.3.\n\n","sortOrder":65},{"sectionNumber":"58","sectionType":"section","heading":"Automatic forfeiture of restrained property on conviction","content":"58 Automatic forfeiture of restrained property on conviction\nfor serious offences\n(a) a person is convicted of a serious offence; and\n(b) a restraining order (other than an artistic profits restraining\norder) is made, whether before or after the conviction, over\nproperty in relation to the offence or a related serious offence\ncommitted by the person.\n(2) The restrained property is forfeited to the Territory at the end of\nwhichever of the following periods applies (the relevant 14-day\nperiod), except so far as the property is excluded from forfeiture\nunder an exclusion order:\n(a) if the restraining order was made before the conviction—\n14 days after the day of conviction;\n(b) if the restraining order was made at the same time as or after the\nconviction—14 days after the day the restraining order comes\ninto force.\n(3) However, if an application for an exclusion order in relation to the\nbefore the end of the relevant 14-day period, the property (or that part)\nis not forfeited until the proceeding in relation to the exclusion order\nis finalised.\n\nAutomatic forfeiture—conviction for serious offences Division 5.2\n","sortOrder":66},{"sectionNumber":"59","sectionType":"section","heading":"Automatic forfeiture—court order declaring property","content":"59 Automatic forfeiture—court order declaring property\nautomatically forfeited\n(1) The DPP may apply to a relevant court for an order declaring that\nproperty has been automatically forfeited under this division.\n(2) If the relevant court is satisfied that the property has been\nautomatically forfeited under this division, the court must make the\norder and state in the order the property to which it applies.\n(3) The registrar of the relevant court may exercise the functions of the\ncourt for this section.\n","sortOrder":67},{"sectionNumber":"60","sectionType":"section","heading":"Automatic forfeiture—court orders","content":"60 Automatic forfeiture—court orders\n(1) A relevant court may, when it convicts a person of a serious offence\nor at any later time, make any order that it considers appropriate for\ngiving effect to an automatic forfeiture of property.\nExamples of orders\n1 an order for the examination of anyone before the court, or an officer of the\ncourt, about any property that might be forfeited because of the conviction\n2 an order directing the owner of property that might be forfeited because of the\nconviction, or anyone else, to give to a stated person, within a stated period, a\nsworn statement about stated particulars of the property\n3 an order directing the owner of property that might be forfeited because of the\nconviction, or anyone else, to do anything necessary or convenient to be done\nto allow the public trustee and guardian to take control of the property,\nincluding anything necessary or convenient to be done to bring the property\nwithin the jurisdiction\n4 an order in relation to the registration of title to, or charges over, property\nunder a territory law\n(2) The order may be made on the court’s initiative, or on the application\nof any of the following people:\n(a) the DPP;\n(b) the offender;\n\n(c) the public trustee and guardian;\n(d) anyone with an interest in property to which the order relates;\n(e) anyone else with the court’s leave.\n(3) A person commits an offence if—\n(a) a relevant court makes an order under subsection (1) to give\neffect to an automatic forfeiture of property; and\n(b) the order requires the person to do, or not do, something stated\nin the order; and\n(c) the person has notice of the order (whether by being given a\n(d) the person contravenes the order.\n","sortOrder":68},{"sectionNumber":"61","sectionType":"section","heading":"When automatic forfeiture under div 5.2 ends","content":"61 When automatic forfeiture under div 5.2 ends\n(1) Automatic forfeiture under this division ends if—\n(a) the offender is cleared of the offence to which the forfeiture\nrelates, and all related serious offences (if any); or\n(b) the automatic forfeiture is fully satisfied.\n(2) Automatic forfeiture is satisfied for a particular interest in forfeited\nproperty if the interest is bought back under section 127 (Buyback\norders—buying interest in property).\n\nAutomatic forfeiture—unclaimed tainted property Division 5.3\nDivision 5.3 Automatic forfeiture—unclaimed\ntainted property\n","sortOrder":69},{"sectionNumber":"62","sectionType":"section","heading":"Forfeiture of unclaimed tainted property","content":"62 Forfeiture of unclaimed tainted property\n(1) This section applies if an unclaimed tainted property restraining order\nis made over property.\n(2) The restrained property is forfeited to the Territory at the end of\n14 days after the day the restraining order comes into force, except so\nfar as the property is excluded from forfeiture under an exclusion\nthe property is excluded from forfeiture (see s 74 (c)).\n(3) However, if an application for an exclusion order in relation to the\n","sortOrder":70},{"sectionNumber":"63","sectionType":"section","heading":"When automatic forfeiture under div 5.3 ends","content":"63 When automatic forfeiture under div 5.3 ends\nAutomatic forfeiture under this division ends if the automatic\nforfeiture is fully satisfied.\n\n","sortOrder":71},{"sectionNumber":"64","sectionType":"section","heading":"Artistic profits and unclaimed tainted property—","content":"64 Artistic profits and unclaimed tainted property—\nnon-application of div 5.4\nThis division does not apply to property restrained under—\n(a) an artistic profits restraining order; or\n(b) an unclaimed tainted property restraining order.\nNote 1 An artistic profits restraining order is made solely to preserve property to\nsatisfy a penalty order for artistic profits in relation to an offence (see s\n20).\nNote 2 Unclaimed tainted property is forfeitable under div 5.3.\n","sortOrder":72},{"sectionNumber":"65","sectionType":"section","heading":"Meaning of civil forfeiture order","content":"65 Meaning of civil forfeiture order\ncivil forfeiture order means an order under section 67 (Civil\nforfeiture orders—making) for the forfeiture to the Territory of\nrestrained property in relation to the commission (or the alleged\ncommission) of a serious offence.\n","sortOrder":73},{"sectionNumber":"66","sectionType":"section","heading":"Civil forfeiture orders—application","content":"66 Civil forfeiture orders—application\n(1) The DPP may apply to a relevant court for a civil forfeiture order for\nthe forfeiture to the Territory of property restrained in relation to the\ncommission (or the alleged commission) of a serious offence.\n(2) The application may be made—\n(a) at the same time as, or after, an application for a restraining order\nin relation to the offence; or\n(b) if a restraining order is in force in relation to the offence.\n\n","sortOrder":74},{"sectionNumber":"67","sectionType":"section","heading":"Civil forfeiture orders—making","content":"67 Civil forfeiture orders—making\n(1) This section applies if, on an application under section 66 for an order\nfor the forfeiture to the Territory of restrained property, the court is\nsatisfied on the balance of probabilities that a person (the offender)\nhas committed a serious offence within whichever of the following\nperiods applies (the relevant period):\n(a) 6 years before the day the application to restrain the property\nwas made;\n(b) if an extended period for making the restraining order\napplication was allowed under section 246 (Confiscation\nproceedings—time extensions for applications)—the total of the\n6-year period and the extended period.\nNote 1 The court must be satisfied on the balance of probabilities about the\ncommission of the offence because confiscation proceedings are civil, not\ncriminal (see s 237).\nNote 2 A reference to a person generally includes a reference to a corporation as\n(2) If this section applies, the relevant court must order that the restrained\nproperty be forfeited to the Territory.\n(a) the property to which it applies; and\n(b) what the relevant court considers to be the value of the property\n(other than money) to be forfeited to the Territory under the\norder at the time the order is made; and\n\n(c) if the relevant court making the order has given a direction under\nsection 69 (Civil forfeiture order proceedings—restrictions on\ndisclosure)—\n(ii) the effect of section 70 (Civil forfeiture orders—disclosure\noffences) in relation to the direction.\n(4) To remove any doubt, if the relevant court is satisfied that the\noffender committed a serious offence within the relevant period, the\ncourt must not refuse to make a civil forfeiture order only because it\nis not satisfied—\n(a) that a particular serious offence was committed by the offender\nwithin the relevant period; or\n(b) that the offence was committed on any particular day or time\nwithin the relevant period.\n(5) Also, to remove any doubt, the relevant court must not refuse to make\na civil forfeiture order in relation to a serious offence only because—\n(d) a doubt is raised about whether the offender committed the\n\n","sortOrder":75},{"sectionNumber":"68","sectionType":"section","heading":"Civil forfeiture orders—forfeiture","content":"68 Civil forfeiture orders—forfeiture\n(1) The property to which the civil forfeiture order applies is forfeited to\nthe Territory at the end of 14 days after the day the order is made,\nexcept so far as the property is excluded from forfeiture under an\nexclusion order.\n(2) However, if an application for an exclusion order in relation to the\n","sortOrder":76},{"sectionNumber":"69","sectionType":"section","heading":"Civil forfeiture order proceedings—restrictions on","content":"69 Civil forfeiture order proceedings—restrictions on\n(1) On application by the DPP, a relevant court hearing an application for\na civil forfeiture order may—\n(a) direct that the hearing of the application, or part of it, take place\nin closed court and give directions about who may be present;\nand\n(b) give directions prohibiting or restricting the publication or\ndisclosure of 1 or more of the following:\n(i) the fact that an application for the order, or that a civil\nforfeiture order, has been made;\n(ii) the application for the order;\n(iii) any information about the proceeding (whether or not a\nhearing has been held);\n\n(iv) any evidence given, statement made or thing done during\nthe proceeding;\n(v) any information, document or thing derived from anything\n1 that the application for the civil forfeiture order not be disclosed to the person\nagainst whom the civil forfeiture order is made until the court has decided an\napplication for a restraining order against someone else’s property\n2 that the supporting affidavit must be made available only to the offender’s\nlawyer\n(2) In deciding whether to give a direction under subsection (1), the court\nmust have regard to whether the direction—\ndeciding whether to give a direction under subsection (1).\n","sortOrder":77},{"sectionNumber":"70","sectionType":"section","heading":"Civil forfeiture orders—disclosure offences","content":"70 Civil forfeiture orders—disclosure offences\ncopy of the civil forfeiture order to which the direction relates\nor otherwise); and\n\ncopy of the civil forfeiture order to which the direction relates\nor otherwise); and\nand\nis to any of the following entities in the circumstances mentioned for\nthe entity:\n\nNote The application for leave, and any proceeding with the court’s leave,\nmust be heard in closed court (see s (8)).\n\nand\n","sortOrder":78},{"sectionNumber":"71","sectionType":"section","heading":"When civil forfeiture order ends","content":"71 When civil forfeiture order ends\n(1) A civil forfeiture order ends if—\n(a) the order is set aside or discharged on appeal; or\n(b) the order is fully satisfied.\n(2) The order is satisfied for a particular interest in forfeited property if\nthe interest is bought back under section 127 (Buyback orders—\nbuying interest in property).\n\nNote For general provisions about a proceeding for an exclusion order (which\n","sortOrder":79},{"sectionNumber":"72","sectionType":"section","heading":"Meaning of exclusion order","content":"72 Meaning of exclusion order\nexclusion order means an order under this part in relation to—\n(a) restrained property (other than restrained property that has been\nforfeited or used to satisfy an unexplained wealth order) or\nproperty in relation to which an application for a restraining\norder has been made; or\n(b) property in relation to which an application for a conviction\nforfeiture order has been made; or\n(c) property subject to forfeiture under this Act.\nNote 1 Property includes an interest in property, see the Legislation Act, dict,\npt 1.\nNote 2 This part does not apply to forfeited property (see s 75 (4)). A person\nwith an interest in forfeited property immediately before its forfeiture\nmay apply for the return of the property or compensation for its value\nunder a return or compensation order under div 9.5.\nNote 3 Property is forfeited 14 days after a forfeiture order or an automatic\nforfeiture applies to the property unless an application for an exclusion\norder is made, see pt 5 (Forfeiture of property).\n\n","sortOrder":80},{"sectionNumber":"73","sectionType":"section","heading":"When property is subject to forfeiture","content":"73 When property is subject to forfeiture\nFor this Act, property is subject to forfeiture if—\n(a) a forfeiture order made under this Act applies to the property\nand the property has not been forfeited; or\n(b) an automatic forfeiture under this Act applies to the property and\nthe property has not been forfeited.\n","sortOrder":81},{"sectionNumber":"74","sectionType":"section","heading":"Effect of exclusion order","content":"74 Effect of exclusion order\nAn exclusion order for property has effect as follows:\n(a) for property in relation to which an application for a restraining\norder or conviction forfeiture order has been made—the\nproperty is excluded from restraint or forfeiture (as appropriate);\n(b) for restrained property (other than restrained property that has\nbeen forfeited or used to satisfy an unexplained wealth order)—\nthe restraining order stops applying to the property;\n(c) for property subject to forfeiture—the property is excluded from\nforfeiture.\nNote This part does not apply to forfeited property (see s 75 (4)). A person\nwith an interest in forfeited property immediately before its forfeiture\nmay apply for the return of the property or compensation for its value\nunder a return or compensation order under div 9.5.\n","sortOrder":82},{"sectionNumber":"75","sectionType":"section","heading":"Exclusion orders—application","content":"75 Exclusion orders—application\n(a) restrained property (other than restrained property that has been\nforfeited or used to satisfy an unexplained wealth order) or\nproperty in relation to which an application for a restraining\norder has been made; or\n\n(b) property in relation to which an application for a conviction\nforfeiture order has been made; or\n(c) property subject to forfeiture under this Act.\nNote See the notes to s 72.\n(2) A person claiming an interest in the property may apply to a relevant\ncourt for an exclusion order.\n(3) The application must be made—\n(a) if a restraining order or conviction forfeiture order has been\napplied for (but not made) in relation to the property—at the\nsame time as, or after, the application is made for the order but\nbefore the order is made; or\n(b) if the property is restrained or subject to forfeiture—at any time\nbefore the property is forfeited or used to satisfy an unexplained\nwealth order.\n(4) To remove any doubt, an application for an exclusion order cannot be\nmade in relation to property that has been forfeited or used to satisfy\nan unexplained wealth order.\n","sortOrder":83},{"sectionNumber":"76","sectionType":"section","heading":"Making of exclusion orders—ordinary offences","content":"76 Making of exclusion orders—ordinary offences\n(a) a restraining order in relation to the property has been applied\nfor under section 26 (Restraining orders over other property—\napplication) in relation to an ordinary offence; or\n(b) the property has been restrained (but not forfeited) under an\norder under section 31 (Restraining orders over other property—\nmaking) in relation to an ordinary offence; or\n(c) a conviction forfeiture order for an ordinary offence has been\napplied for in relation to the property; or\n\n(d) the property is subject to forfeiture in relation to an ordinary\n(2) If the application is made by an offender, the relevant court must not\nmake an exclusion order for the property unless the court is satisfied\nthat the property—\n(a) is not tainted property in relation to any offence against a\n(b) is not required to be restrained to satisfy a penalty order; and\n(c) does not have evidentiary value in any criminal proceeding.\n(3) However, if the court is satisfied that the property is not tainted\nproperty as mentioned in subsection (2) (a), but considers that the\nproperty (or any part of the property) may be required to be restrained\nto satisfy a penalty order, the court must make an exclusion order\ndeclaring that the property (or part)—\n(a) is not subject to forfeiture under a conviction forfeiture order;\nbut\n(b) is to remain restrained for the purpose of satisfying a penalty\n(4) If the application is made by a person other than an offender, the court\nmust not make an exclusion order for the property unless it is satisfied\n(b) the applicant was not a party to the relevant offence or any\nrelated offence; and\n\n(c) the interest is not subject to the effective control of an offender;\nand\n(d) the interest is not tainted property in relation to the relevant\noffence or any related offence; and\nindirectly, from the offender—the interest was acquired\nacquired by the applicant; and\n(5) An exclusion order must state the property to which it applies.\n","sortOrder":84},{"sectionNumber":"77","sectionType":"section","heading":"Making of exclusion orders—serious offences","content":"77 Making of exclusion orders—serious offences\n(a) a restraining order in relation to the property has been applied\nfor under section 26 (Restraining orders over other property—\napplication) in relation to a serious offence; or\n(b) the property has been restrained (but not forfeited) under an\norder under section 31 (Restraining orders over other property—\nmaking) in relation to a serious offence; or\n(c) a conviction forfeiture order for a serious offence has been\napplied for in relation to the property; or\n(d) the property is subject to automatic forfeiture under division 5.2\n(Automatic forfeiture—conviction for serious offences).\n\n(2) If the application is made by an offender, the relevant court must not\nmake an exclusion order for the property unless the court is satisfied\nthat the property—\n(a) was lawfully acquired by the offender; and\n(c) is not required to be restrained to satisfy a penalty order; and\n(d) does not have evidentiary value in any criminal proceeding.\n(3) However, if the court is satisfied that the property was lawfully\nacquired, and is not tainted property as mentioned in\nsubsection (2) (b), but considers that the property (or any part of the\nproperty) may be required to be restrained to satisfy a penalty order,\nthe court must make an exclusion order declaring that the property (or\npart)—\n(a) is not subject to automatic forfeiture or to forfeiture under a\nforfeiture order; but\n(b) is to remain restrained for the purpose of satisfying a penalty\n(4) If the application is made by a person other than an offender, the court\nmust not make an exclusion order for the property unless it is satisfied\n(b) the applicant was not a party to the relevant serious offence or\nany related offence; and\n\n(c) the interest is not subject to the effective control of an offender;\nand\n(d) the interest is not tainted property in relation to the relevant\nserious offence or any related offence; and\nindirectly, from the offender—the interest was acquired\nacquired by the applicant;\n(5) An exclusion order must state the property to which it applies.\n","sortOrder":85},{"sectionNumber":"77A","sectionType":"section","heading":"Making of exclusion orders—unexplained wealth","content":"77A Making of exclusion orders—unexplained wealth\n(a) an unexplained wealth restraining order has been applied for in\nrelation to the property; or\n(b) the property has been restrained under an unexplained wealth\n(2) If the application is made by the person in relation to whom the\nunexplained wealth restraining order has been made or is sought (the\nrelevant person), the relevant court must not make an exclusion order\nfor the property unless the court is satisfied that the property—\n(a) was lawfully acquired by the relevant person; and\n\n(c) is not required to be restrained to satisfy an unexplained wealth\norder; and\n(d) does not have evidentiary value in any criminal proceeding.\n(3) If the application is made by someone other than the relevant person,\nthe court must not make an exclusion order for the property unless it\n(b) the applicant was not a party to the relevant serious criminal\nactivity or any related serious criminal activity; and\n(c) the interest is not subject to the effective control of the relevant\n(d) the interest is not tainted property in relation to a serious offence;\nand\nindirectly, from the relevant person—the interest was acquired\nacquired by the applicant; and\n(4) An exclusion order must state the property to which it applies.\n","sortOrder":86},{"sectionNumber":"78","sectionType":"section","heading":"Making of exclusion orders—unclaimed tainted property","content":"78 Making of exclusion orders—unclaimed tainted property\nunclaimed tainted property if—\n(a) an unclaimed tainted property restraining order has been applied\nfor in relation to the property; or\n\n(b) the property has been restrained under an unclaimed tainted\nproperty restraining order (but not forfeited); or\n(c) the property is subject to automatic forfeiture under division 5.3\n(Automatic forfeiture—unclaimed tainted property).\n(2) The court must not make an exclusion order unless the court is\n(a) the applicant for the exclusion order has an interest in the\nproperty; and\n(b) the interest was lawfully acquired by the applicant; and\n(c) the interest is not tainted property in relation to any offence\nagainst a territory law, or a law of the Commonwealth, a State,\nanother Territory or a foreign country; and\n(d) the interest is not required to be restrained to satisfy a penalty\norder; and\n(e) the property does not have evidentiary value in any criminal\n(3) An exclusion order must state the property to which it applies.\n\nBenefits Division 7.1\n","sortOrder":87},{"sectionNumber":"79","sectionType":"section","heading":"Meaning of commission of serious offence for pt 7","content":"79 Meaning of commission of serious offence for pt 7\ncommission, of a serious offence, includes the alleged commission of\nthe offence.\n","sortOrder":88},{"sectionNumber":"80","sectionType":"section","heading":"Meaning of benefits derived by an offender","content":"80 Meaning of benefits derived by an offender\nbenefits, derived by an offender from the commission of an offence,\nmeans—\n(a) tainted property, except tainted property that was used, or was\nintended by the offender to be used, in relation to the\ncommission of an offence, and property derived by anyone from\nthat property; or\n(b) artistic profits allowed under section 81 (3) in relation to the\n(c) any service or other advantage derived by the offender from the\ncommission of the offence.\nExample for par (c)\nMr Tres Adventuresome ran a small wholesale food business before becoming\ninvolved in illegal activity. He started to trade in gourmet foods as a cover for the\ncommission of several offences involving the importation of cannabis into\nAustralia. His move into the gourmet food trade could not have been achieved, and\nthe offences could not have been committed, without key contacts (in the legitimate\nfood trade) made by him. Because of the contacts, his legitimate business expanded\nconsiderably.\n\nIn the 12 months ending immediately before the commission of the earliest offence,\nMr Adventuresome’s income from the business was $50 000. In the 12 months\nafter then, his income from legitimate business activity (unrelated to the offences)\nwas $200 000. This increase in activity is entirely because of continuing\n(legitimate) working relationships with those key contacts.\nThe difference of $150 000 is the value of a benefit derived from the commission\nof the offences by Mr Adventuresome because his relationship with the key contacts\nis an advantage derived by him from their commission.\nNote 1 Derived includes obtained because of an understanding or a particular\noutcome being made known (see s 12).\nNote 2 For the assessment of the value of benefits, see div 7.3.\n","sortOrder":89},{"sectionNumber":"81","sectionType":"section","heading":"Meaning of artistic profits","content":"81 Meaning of artistic profits\nartistic profits, derived by an offender from the commission of an\noffence, means property, or any service or other advantage, derived\nfrom the commercial exploitation of—\n(a) the notoriety of the offender, or someone else involved in the\ncommission of the offence (another involved person), that\nresults from the offence; or\n(b) the depiction of the offence or the circumstances surrounding\nthe offence; or\n(c) an expression of the thoughts, opinions or emotions of the\noffender, or another involved person, about the offence.\n(2) The commercial exploitation may be by any means, including, for\nexample, in—\n(a) a visual recording (for example, a film, slide, videotape,\nvideodisc or anything else from which a visual image can be\nproduced); or\n(b) a sound recording (for example, a compact disc, tape, record or\nanything else from which words or sounds can produced); or\n\nBenefits Division 7.1\n(c) printed material (for example, a book, newspaper, magazine or\nany other written or pictorial matter); or\n(d) a radio or television production; or\n(e) live entertainment of any kind (for example, a public\npresentation or speech).\n(3) A relevant court must allow artistic profits as benefits for\nsection 80 (b) (Meaning of benefits derived by an offender), unless it\nis satisfied that it would not be in the public interest to do so.\n(4) In deciding whether it would not be in the public interest to allow\nartistic profits as benefits, the court must have regard to the following\nmatters:\n(a) the purposes of this Act;\n(b) whether the commercial exploitation has any general social or\neducational value;\n(c) the nature and purposes of the commercial exploitation,\nincluding its use for research, educational or rehabilitation\npurposes;\n(d) the seriousness of the offence;\n(e) how long ago the offence was committed.\n(5) Subsection (4) does not limit the matters to which the court may have\nregard.\n\nNote For general provisions about a proceeding for a penalty order (which is a\nconfiscation proceeding—see s 236), see pt 14.\n","sortOrder":90},{"sectionNumber":"82","sectionType":"section","heading":"Meaning of penalty order","content":"82 Meaning of penalty order\npenalty order means an order under this division for the payment by\nan offender of the value of benefits derived by an offender from the\ncommission of an offence.\n","sortOrder":91},{"sectionNumber":"83","sectionType":"section","heading":"Penalty orders—application","content":"83 Penalty orders—application\n(1) The DPP may apply to a relevant court for a penalty order in relation\nto the commission of a relevant offence by an offender.\nNote 1 Commission, of a serious offence, includes the alleged commission of the\noffence (see s 79).\nNote 2 Offender includes a corporation, see dict.\n(2) The application may be made before or after, or at the same time as,\nany conviction of the offender for the offence.\n(3) However, if the person has been convicted of the offence, the DPP\nmust make the application within 2 years after the day of the\nconviction.\nNote The court may allow leave for an application to be made after the time\nfixed by this section in certain circumstances (see s 246).\n(4) Subsection (3) does not apply to an application for an artistic profits\n\n","sortOrder":92},{"sectionNumber":"84","sectionType":"section","heading":"Penalty orders—offenders convicted of ordinary offences","content":"84 Penalty orders—offenders convicted of ordinary offences\n(1) On application under section 83, the relevant court must make an\norder under this section for the payment by the offender of the value\nof benefits derived by the offender from the commission of an\nordinary offence if satisfied that—\n(a) the offender has been convicted of the offence or a related\nordinary offence; and\n(b) the offender has not been cleared of the offence of which the\noffender was convicted.\n(2) To remove any doubt, a relevant court may make an order under this\nsection that relates only to artistic profits.\n","sortOrder":93},{"sectionNumber":"85","sectionType":"section","heading":"Penalty orders—commission of serious offences","content":"85 Penalty orders—commission of serious offences\n(1) On application under section 83, the court must make an order under\nthis section for the payment by the offender of the value of benefits\nderived by the offender from the commission of a serious offence if\nthe court is satisfied on the balance of probabilities—\n(a) for an application for a penalty order that relates only to artistic\nprofits—that the offender committed a serious offence at any\ntime; and\n(b) for any other application—that the offender committed a serious\noffence within the relevant period.\nNote 1 For the meaning of relevant period, see s (5).\nNote 2 The court must be satisfied on the balance of probabilities about the\ncommission of the offence because confiscation proceedings are civil, not\ncriminal (see s 237).\n\n(2) To remove any doubt, if the relevant court is satisfied that the\noffender committed a serious offence within the relevant period, the\ncourt must not refuse to make a penalty order only because it is not\nsatisfied—\n(a) that a particular serious offence was committed by the offender\nwithin the relevant period; or\n(b) that the offence was committed on any particular day or time\nwithin the relevant period.\n(3) Also, to remove any doubt, the relevant court must not refuse to make\na penalty order in relation to the serious offence only because—\n(d) a doubt is raised about whether the offender committed the\n(4) Further, to remove any doubt, the relevant court must not refuse to\nmake a penalty order only because—\n(a) a relevant court had previously made a penalty order under this\nsection in relation to the offender for the same serious offence\n(or a related offence); and\n(b) the order had later ended because the offender was cleared of the\nNote The earlier penalty order would have ended when the offender was\ncleared (see s 98 (a)).\n\nrelevant period means—\n(a) if a restraining order is in force over any property in relation to\nthe serious offence—\n(i) 6 years before the day the application to restrain the\nproperty was made; or\n(ii) if an extended period for making the restraining order\napplication was allowed under section 246 (Confiscation\nproceedings—time extensions for applications)—the total\nof the 6-year period and the extended period; or\n(b) if a restraining order is not in force over any property in relation\nto the serious offence—\n(i) 6 years before the day the application for the penalty order\nwas made; or\n(ii) if an extended period for making the penalty order\napplication was allowed under section 246—the total of the\n6-year period and the extended period.\n","sortOrder":94},{"sectionNumber":"86","sectionType":"section","heading":"Penalty orders—amount of penalty","content":"86 Penalty orders—amount of penalty\n(1) In making a penalty order in relation to an offence, the court must—\n(a) assess under division 7.3 (Value of benefits) the value of any\nbenefits (the assessed value) derived by the offender from the\ncommission of the offence and any related offence; and\n(b) order the offender to pay the Territory the amount worked out\nunder subsection (2).\n(2) The amount payable under the penalty order is the assessed value less\nany amount by which the assessed value is reduced under\nsubsection (3).\n\n(3) The assessed value in relation to the offence or any related offence\nmay be reduced if the court is satisfied that it is just and equitable that\nthe assessed value should be reduced by any of the following\namounts:\n(a) the value of property subject to forfeiture under this Act or a\ncorresponding law;\nNote For the meaning of subject to forfeiture, see s 73.\n(b) the value of property forfeited under this Act or a corresponding\nlaw;\n(c) the amount of any other penalty order, or any other financial\npenalty (however described) under a corresponding law;\n(d) any amount payable by the offender under a reparation order\nunder the Crimes (Sentencing) Act 2005, or any corresponding\norder made under the law of the Commonwealth, a State or\nanother Territory;\n(e) any amount payable by the offender for restitution,\ncompensation or damages, other than any fine imposed by a\ncourt;\n(f) any amount of tax payable under a law of the Territory, the\nCommonwealth, a State, another Territory or a foreign country\nin relation to the benefits.\n","sortOrder":95},{"sectionNumber":"87","sectionType":"section","heading":"Penalty orders—contents","content":"87 Penalty orders—contents\n(1) A penalty order must state—\n(a) the amount of the penalty payable under the order; and\n(b) the person by whom the penalty is payable.\n(2) A failure by a relevant court to comply with this section does not\ninvalidate the penalty order or any action by anyone to satisfy the\npenalty order.\n\n","sortOrder":96},{"sectionNumber":"88","sectionType":"section","heading":"Penalty orders—enforceable as judgment debt","content":"88 Penalty orders—enforceable as judgment debt\nThe amount ordered to be paid by a relevant court under a penalty\norder is a judgment debt owing to the Territory.\nNote Any restrained property is automatically charged with the amount of the\npenalty order, and may be sold to satisfy the order (see div 7.4).\n","sortOrder":97},{"sectionNumber":"89","sectionType":"section","heading":"Penalty orders—variation for reassessed value of","content":"89 Penalty orders—variation for reassessed value of\nbenefits\nOn application by the person by whom the penalty under a penalty\norder is payable or the DPP, a relevant court may make an order\nvarying the order to reflect the value of the relevant benefits as\nreassessed at the time the varying order is made.\n1 The amount of the penalty order is reduced by the value of forfeited property\n(see s 86 (3) (b)). The order for the forfeiture is overturned by a court in a later\nproceeding. The relevant court may vary the penalty order to increase the\namount of the penalty order by the value of the forfeited property.\n","sortOrder":98},{"sectionNumber":"2","sectionType":"section","heading":"The amount of the penalty order is reduced by an amount of tax payable by","content":"2 The amount of the penalty order is reduced by an amount of tax payable by\nthe offender in relation to a benefit (see s 86 (3) (f)). The amount of tax is\nreduced on a review by the commissioner of taxation. The relevant court may\nvary the penalty order to increase the amount of the penalty order by the\nreduced amount of tax.\n3 If, in example 2, the amount of the tax payable had been increased on review,\nthe court may vary the penalty order to reduce the amount of the penalty order\nby the amount of the increased tax.\n\n","sortOrder":99},{"sectionNumber":"90","sectionType":"section","heading":"Meaning of narcotic substance and property for div 7.3","content":"90 Meaning of narcotic substance and property for div 7.3\nnarcotic substance—\n(a) see the Customs Act 1901 (Cwlth), section 4; and\n(b) includes anything prescribed by regulation for this definition;\nbut\n(c) does not include cannabis food products.\nproperty, of an offender, includes—\n(a) property subject to the effective control of the offender; and\n(b) property that, immediately before it vested in the trustee for the\nproperty under the Bankruptcy Act 1966 (Cwlth), was the\noffender’s property.\ncannabis food product—see the Drugs of Dependence Act 1989,\nsection 6.\n\n","sortOrder":100},{"sectionNumber":"91","sectionType":"section","heading":"Presumed value of benefits—ordinary offence","content":"91 Presumed value of benefits—ordinary offence\n(1) This section applies to the assessment of the value of benefits derived\nby an offender from the commission of an ordinary offence (or\nordinary offences).\n(2) The value of the benefits derived by the offender from the\ncommission of the offence (or offences) is—\n(a) if evidence is given about any increase in value of the offender’s\nproperty since immediately before the offence (or the earliest\noffence) was committed—taken to be not less than the amount\nof the greatest increase in value of which evidence is given; and\n(b) in any case—taken to include the value of any narcotic\nsubstance to which the offence (or offences) relates.\nExample for par (a)\nAn offender has committed an ordinary offence. Just before beginning to commit\nthe offence, the value of the offender’s property was $50 000. Two months after\nthe offence began to be committed, the value of the offender’s property was\n$150 000. At the time of the application for the penalty order, however, the\noffender’s property was only worth $75 000.\nThe ‘greatest increase’ in the total value of the offender’s property since\nimmediately before the offence was committed is $100 000 ($150 000 minus\n$50 000).\nNote For the valuation of narcotic substances, see s 93 (3) and (4).\n(3) However, the value of the benefits is taken not to include any part (or\nall) of the increase in value if the offender satisfies the court that the\npart (or all) of the increase was from either—\n(a) property that—\n(i) was lawfully acquired by the offender; and\n(ii) is not tainted property in relation to any offence against a\nterritory law, or a law of the Commonwealth, a State,\nanother Territory or a foreign country; or\n\n(b) benefits that were lawfully acquired by the offender.\n(4) This section does not apply in relation to a penalty order relating only\nto artistic profits.\n","sortOrder":101},{"sectionNumber":"92","sectionType":"section","heading":"Presumed value of benefits—serious offence","content":"92 Presumed value of benefits—serious offence\n(1) This section applies to the assessment of the value of benefits derived\nby an offender from the commission of a serious offence (or serious\noffences).\nNote Commission, of a serious offence, includes the alleged commission of the\noffence (see s 79).\n(2) The value of the benefits derived from the offence (or offences) is\ntaken to include the following:\n(a) the value of all of the offender’s property on the day the\napplication was made;\n(b) the value of any other property held by the offender within the\nshorter of the following periods:\n(i) between the day the offence (or the earliest offence) was\ncommitted and the day the application was made;\n(ii) 6 years immediately before the day the application was\nmade;\n(c) the value of any narcotic substance to which the offence (or\noffences) relate;\nNote For the valuation of narcotic substances, see s 93 (3) and (4).\n(d) all of the person’s expenditure during the relevant period under\nparagraph (b) (other than expenditure to the extent that it\nresulted in the acquisition of property mentioned in\nparagraph (a) or (b)).\n\n(3) However, subsection (2) does not apply to particular property if the\noffender satisfies the court that the property—\n(a) was lawfully acquired by the offender; and\nTerritory or a foreign country.\n(4) Also, subsection (2) does not apply to particular expenditure if the\noffender satisfies the court that the expenditure—\n(a) was derived from property or benefits lawfully acquired by the\noffender; and\n(b) the property from which the expenditure was derived is not\ntainted property in relation to any offence against a territory law,\nor a law of the Commonwealth, a State, another Territory or a\nforeign country.\n(5) For subsection (2) (b) (i), if a serious offence was committed over\nmore than 1 day, the reference in the subparagraph to the day the\noffence was committed is a reference to the day the offence was\nbegun to be committed.\n(6) This section does not apply in relation to a penalty order relating only\nto artistic profits.\n\n","sortOrder":102},{"sectionNumber":"93","sectionType":"section","heading":"Value of benefits—relevant matters","content":"93 Value of benefits—relevant matters\n(1) In assessing the value of a benefit derived from the commission of an\noffence and any related offences, the relevant court may have regard\nto any relevant matters.\nExamples of relevant matters\n1 an increase in the income or profits of the offender in comparable periods\nbefore and after the offence was committed (see s 80, example for par (c))\n2 an increase in the value of property held by the offender because of the benefit,\ntaking into account any relevant variation in the purchasing power of money\n3 the value of the offender’s property before, during and after the commission\nof the offence\n4 the income and expenditure of the offender before, during and after the\ncommission of the offence\n5 the part of the benefit derived from the commission of the offence and the part\nderived from other sources\n(2) The court must assess the value of a benefit by reference to the highest\nvalue the benefit has had since the commission of the offence or a\nrelated offence, unless the court is satisfied that the benefit should be\nvalued differently having regard to the purposes of this Act.\n1 An offender derives a benefit worth $10 000 from the commission of an\noffence. If the benefit had been derived at the time of valuation for a penalty\norder proceeding 2 years later, the benefit would have been worth $11 000\n(because of inflation). The court may assess the value of the benefit as $11 000\nrather than $10 000.\n2 The offence to which benefits relate is an ordinary offence. However, the\noffender later committed a related offence that was a serious offence. The\ncourt may have regard to the highest value of the benefits since the\ncommission of the ordinary offence.\n\n(3) At the hearing of an application for a penalty order, a law enforcement\nofficer who is experienced in the investigation of narcotic offences\nmay testify, to the best of the officer’s information, knowledge and\nbelief—\n(a) in relation to the amount that was the market value of a narcotic\nsubstance at a particular time or during a particular period; or\n(b) in relation to the amount, or the range of amounts, ordinarily\npaid at a particular time or during a particular period, for the\ndoing of anything in relation to a narcotic substance.\n(4) The law enforcement officer’s testimony under subsection (3)—\n(a) is admissible at the hearing despite any rule of law or practice\nabout hearsay evidence; and\n(b) is prima facie evidence of the matters testified.\nlaw enforcement officer means—\n(a) a police officer; or\n(b) an officer of Customs under the Customs Act 1901 (Cwlth).\n\n","sortOrder":103},{"sectionNumber":"94","sectionType":"section","heading":"Creation of penalty charge over restrained property","content":"94 Creation of penalty charge over restrained property\n(1) This section applies if, in relation to an offence—\n(a) a restraining order is made; and\n(b) a penalty order is made.\n(2) On the making of the later of the orders, all of the restrained property\nis automatically charged to secure the payment to the Territory of the\namount of the penalty order.\nNote 1 An interstate penalty charge is taken to be a penalty charge under this Act\n(see s 139).\nNote 2 If the penalty charge is over restrained property that may be recorded in\na statutory property register, details of the restraining order may be\nrecorded in the register under s 50.\n(3) If the restraining order is varied after the penalty order is made to add\nmore property, the additional property is also automatically charged\nto secure payment to the Territory of the amount of the penalty order.\n(4) A charge on property created by this section (a penalty charge)—\n(a) is subject to every encumbrance on the property that came into\nexistence before the charge and that would have priority over\nthe charge if this subsection had not been enacted; and\n(b) has priority over all other encumbrances; and\n(c) is a statutory interest of a kind to which the Personal Property\nSecurities Act 2009 (Cwlth), section 73 (2) applies; and\n(d) is not affected by any change in the ownership of the property\nunless the change in ownership ends the penalty charge under\nsection 95 (c) or (d).\n\nSatisfaction of penalty order Division 7.4\n","sortOrder":104},{"sectionNumber":"95","sectionType":"section","heading":"When penalty charge over property ends","content":"95 When penalty charge over property ends\nA penalty charge over property ends when the earliest of the\nfollowing events happens:\n(a) the penalty order for which the charge was created ends;\nNote For when a penalty order ends, see s 98. See also the example to\n(b) the restraining order over the property ends;\nNote For when restraining orders end, see div 4.3. See also the example\nto this section.\n(c) the property is sold, or otherwise disposed of, with the consent\nof—\n(i) the relevant court that made the penalty order; or\n(ii) if a trustee (including the public trustee and guardian)\ncontrols the property—the trustee;\n(d) the property is sold to a purchaser who—\n(i) buys the property honestly and for sufficient consideration;\nand\n(ii) at the time of the purchase, has no notice of the charge.\nExample of end of restraining order and penalty order\nIf a penalty order is made in relation to an ordinary offence of which the offender\nwas convicted, both the restraining order and the penalty order end if the conviction\nis later quashed (see s 47 and s 98).\nNote If the restraining order over the charged property is registered in a\nstatutory property register, anyone who buys the property is taken to have\nnotice of the charge (see s 50 (3)).\n\n","sortOrder":105},{"sectionNumber":"96","sectionType":"section","heading":"Power to satisfy penalty order","content":"96 Power to satisfy penalty order\n(1) A penalty order in relation to an offence authorises the public trustee\nand guardian to satisfy the order out of any property restrained for the\noffence (including any property that becomes restrained after the\norder is made).\nNote 1 The penalty order may also be enforced as a judgment debt (see s 88).\nNote 2 An amount received by the public trustee and guardian to satisfy the\npenalty order must be paid into the confiscated assets trust fund (see s\n131).\nNote 3 An interstate penalty charge is taken to be a penalty charge under this Act\n(see s 139).\n(2) To satisfy the penalty order, the public trustee and guardian may sell\nor otherwise dispose of restrained property that is not money in any\nway the public trustee and guardian considers appropriate.\nNote The money realised by the public trustee and guardian from the disposal\nof property must be paid into the be paid into the confiscated assets trust\nfund (see s 131 and dict, def fully satisfied, par (b)).\n(3) However, the public trustee and guardian must not sell or otherwise\ndispose of restrained property to satisfy the order until—\n(a) all confiscation proceedings (including forfeiture proceedings)\nin relation to the property have been finalised; and\n(b) all proceedings in relation to the offender’s conviction for the\noffence are finalised.\nNote 1 For the meaning of confiscation proceedings, see s 236.\nNote 2 For when confiscation and criminal proceedings are finalised, see s 18.\nNote 3 If the offender is acquitted on appeal, the restraining order will end, and\nthe penalty charge ends under s 95.\n(4) The penalty order also authorises the public trustee and guardian or\nanyone else named in the order (an authorised agent) to sign any\ninstrument necessary or convenient for the disposal of restrained\n\nEnd of penalty orders Division 7.5\n(5) An instrument signed by an authorised agent has the same effect as if\nit were signed by the person who owned the property before it was\n","sortOrder":106},{"sectionNumber":"97","sectionType":"section","heading":"Public trustee and guardian to repay any amount surplus","content":"97 Public trustee and guardian to repay any amount surplus\nto satisfying penalty order\nIf the amounts paid into the trust fund to satisfy a penalty order are\nmore than is required to fully satisfy the order, the public trustee and\nguardian must pay the surplus amount to the person against whom the\norder was made.\n","sortOrder":107},{"sectionNumber":"Div 7","sectionType":"division","heading":"5 End of penalty orders","content":"Division 7.5 End of penalty orders\n","sortOrder":108},{"sectionNumber":"98","sectionType":"section","heading":"When penalty order ends","content":"98 When penalty order ends\nA penalty order ends if—\n(a) for a penalty order made under section 84 (Penalty orders—\noffenders convicted of ordinary offences)—the offender is\ncleared of the offence (or offences) to which the penalty order\nrelates, and all related offences (if any); or\n(b) the order is reversed or set aside on appeal; or\n(c) the order is fully satisfied.\nNote 1 For the meaning of fully satisfied, see dict.\nNote 2 If the order ends because it was made because of the conviction of the\noffender for a serious offence, and the offender is cleared, a further\npenalty order may be made against the offender (see s 85 (4)).\n\n","sortOrder":109},{"sectionNumber":"98A","sectionType":"section","heading":"Meaning of unexplained wealth order","content":"98A Meaning of unexplained wealth order\nunexplained wealth order means an order under this part for the\npayment by a person of an amount assessed by a court, in accordance\nwith section 98E, as the value of the person’s unexplained wealth.\n","sortOrder":110},{"sectionNumber":"98B","sectionType":"section","heading":"Unexplained wealth orders—application","content":"98B Unexplained wealth orders—application\nThe DPP may apply to a relevant court for an unexplained wealth\norder in relation to a person.\n","sortOrder":111},{"sectionNumber":"98C","sectionType":"section","heading":"Unexplained wealth order—affidavit supporting","content":"98C Unexplained wealth order—affidavit supporting\n(1) If an unexplained wealth restraining order has not been made in\nrelation to a person the subject of an application under section 98B,\nan affidavit by a police officer supporting the application for an\nunexplained wealth order against the person must state that the police\nofficer suspects that—\n(a) a person’s total wealth exceeds the value of the person’s wealth\nthat was lawfully acquired; and\n(b) the whole or any part of the person’s wealth was derived from\n\nMaking unexplained wealth orders Division 7A.2\n(2) Subsection (1) (b) does not require the police officer to specify in the\naffidavit a particular offence for serious criminal activity, and it is\nsufficient if the police officer suspects and the affidavit describes the\nnature of the activity in general terms.\n(3) The affidavit must state, for the property mentioned in the\n(a) that the officer suspects that the property is either the property\nof the person in relation to whom the order is sought or the\nproperty of someone else; and\neffective control of the person in relation to whom the\norder is sought.\n(4) The affidavit must state the grounds for each belief or suspicion of\n","sortOrder":112},{"sectionNumber":"98D","sectionType":"section","heading":"Unexplained wealth orders—making","content":"98D Unexplained wealth orders—making\n(1) On application under section 98B, the relevant court must make an\nunexplained wealth order against a person if the court is not satisfied\nthat the whole or any part of the person’s wealth was not derived from\n(2) However, the court may refuse to make an unexplained wealth order\nor may reduce the amount that would otherwise be payable as\nassessed, if the court, having regard to the purposes of this Act, thinks\nit is in the public interest to do so.\n\n(3) A decision of the court to refuse to make an unexplained wealth order\nor to reduce an amount that would otherwise be payable as assessed\nis not in the public interest if based only on 1 or more of the following:\n(a) a specific serious offence has not been particularised or proved\nto be associated with the person’s unexplained wealth;\n(b) the person or the person’s dependants will not have the same\nstandard of living as a result of the order or reduction.\n(4) For subsection (1), wealth may be derived before the commencement\nof this section.\n(5) In making an unexplained wealth order, the relevant court must not\norder the person to pay the Territory an amount that is more than the\nperson’s unexplained wealth assessed under section 98E.\n","sortOrder":113},{"sectionNumber":"98E","sectionType":"section","heading":"Unexplained wealth orders—assessment of unexplained","content":"98E Unexplained wealth orders—assessment of unexplained\nwealth\n(1) This section applies for the purpose of making an assessment of the\nunexplained wealth of a person against whom an unexplained wealth\norder is made.\n(2) The unexplained wealth, of a person, is the amount that in the opinion\nof a relevant court is—\n(a) the difference between—\n(i) the person’s total wealth; and\n(ii) the sum of the values of the property that the court is\nsatisfied, on the balance of probabilities, was not derived\nfrom serious criminal activity; and\n\nMaking unexplained wealth orders Division 7A.2\n(b) less an amount equal to whichever of the following applies to\nthe person:\n(i) the value of any property the person forfeited under a\nforfeiture order;\nNote A registered interstate forfeiture order is taken to be a\nforfeiture order under this Act (see s 139).\n(ii) the sum of any amounts payable by the person under a\npenalty order or an interstate penalty order.\n(3) In a proceeding against a person for an unexplained wealth order, the\nburden of proof is on the person to prove that—\n(a) the person’s wealth was not derived from serious criminal\nactivity; and\n(b) an order mentioned in subsection (2) (b) applies to the person.\n(4) When working out the value of property for this section, the value\nis—\n(a) for wealth that has been consumed or otherwise disposed of—\nthe greater of—\n(i) the value at the time the wealth was acquired; and\n(ii) the value immediately before the wealth was consumed or\ndisposed of; or\n(b) in any other case—the greater of—\n(i) the value at the time the wealth was acquired; and\n(ii) the value at the time the application for the unexplained\nwealth order was made.\n(5) In assessing the unexplained wealth of a person, the relevant court is\nnot required to consider any wealth of which the DPP has not\nprovided evidence.\n\n","sortOrder":114},{"sectionNumber":"98F","sectionType":"section","heading":"Unexplained wealth orders—hardship relief","content":"98F Unexplained wealth orders—hardship relief\n(1) A relevant court making an unexplained wealth order in relation to a\nperson may make another order directing the Territory, once the\nunexplained wealth order is fully satisfied, to pay an amount (a relief\namount) decided by the court to a dependant of the person if the court\n(a) the unexplained wealth order would cause undue hardship to the\ndependant; and\n(b) the amount would relieve the hardship; and\n(c) if the dependant is at least 18 years old—the dependant had no\nknowledge of the person’s conduct that is the subject of the\nunexplained wealth order.\n(2) When deciding the relief amount, the court—\n(a) must only allow an amount to assist the dependant to avoid\nundue hardship for a period in which the dependant could not\nreasonably be expected to meet the dependant’s reasonable\nliving expenses; and\n(b) must as far as practicable, having regard to the minimum\nstandard of living mentioned in section 37 (3) (a) (ii), when\ndetermining undue hardship not take into account hardship\narising from the loss of a previous standard of living of the\ndependant to the extent that the previous standard of living was\nlikely to have been the result of unexplained wealth.\n(3) An amount decided by the court must not be more than the value of\nthe person’s unexplained wealth.\n(4) An order under this section may relate to more than 1 of the person’s\ndependants.\nNote For the meaning of dependant, see dict.\n\nSatisfaction of unexplained wealth order Division 7A.3\n","sortOrder":115},{"sectionNumber":"Div 7A","sectionType":"division","heading":"3 Satisfaction of unexplained wealth","content":"Division 7A.3 Satisfaction of unexplained wealth\norder\n","sortOrder":116},{"sectionNumber":"98G","sectionType":"section","heading":"Creation of unexplained wealth charge over restrained","content":"98G Creation of unexplained wealth charge over restrained\n(1) This section applies if, in relation to a person—\n(a) a restraining order is made; and\n(b) an unexplained wealth order is made.\n(2) On the making of the later of the orders, all of the restrained property\nis automatically charged to secure the payment to the Territory of the\namount of the unexplained wealth order.\nNote 1 An interstate unexplained wealth order is taken to be an unexplained\nwealth order under this Act (see s 139).\nNote 2 If an unexplained wealth order is over restrained property that may be\nrecorded in a statutory property register, details of the restraining order\nmay be recorded in the register under s 50.\n(3) If the restraining order is varied after the unexplained wealth order is\nmade to add more property, the additional property is also\nautomatically charged to secure payment to the Territory of the\namount of the unexplained wealth order.\n(4) A charge on property created by this section (an unexplained wealth\ncharge)—\n(a) is subject to every encumbrance on the property that came into\nexistence before the charge and that would have priority over\nthe charge if this subsection had not been enacted; and\n(b) has priority over all other encumbrances; and\n(c) is a statutory interest of a kind to which the Personal Property\nSecurities Act 2009 (Cwlth), section 73 (2) applies; and\n\nDivision 7A.3 Satisfaction of unexplained wealth order\n(d) is not affected by any change in the ownership of the property\nunless the change in ownership ends the unexplained wealth\ncharge under section 98H (c) or (d).\n","sortOrder":117},{"sectionNumber":"98H","sectionType":"section","heading":"When unexplained wealth charge over property ends","content":"98H When unexplained wealth charge over property ends\nAn unexplained wealth charge over property ends when the earliest\nof the following events happens:\n(a) the unexplained wealth order for which the charge was created\nends;\nNote For when an unexplained wealth order ends, see s 98L.\n(b) the restraining order over the property ends;\nNote For when restraining orders end, see s 48A.\n(c) the property is sold, or otherwise disposed of, with the consent\nof—\n(i) the relevant court that made the unexplained wealth order;\nor\n(ii) if a trustee (including the public trustee and guardian)\ncontrols the property—the trustee;\n(d) the property is sold to a purchaser who—\n(i) buys the property honestly and for sufficient consideration;\nand\n(ii) at the time of the purchase, has no notice of the charge.\n","sortOrder":118},{"sectionNumber":"98I","sectionType":"section","heading":"Unexplained wealth orders—enforceable as judgment","content":"98I Unexplained wealth orders—enforceable as judgment\ndebt\nThe amount ordered to be paid by a relevant court under an\nunexplained wealth order is a judgment debt owing to the Territory.\nNote Any restrained property is automatically charged with the amount of the\nunexplained wealth order, and may be sold to satisfy the order (see\ns 98G).\n\nSatisfaction of unexplained wealth order Division 7A.3\n","sortOrder":119},{"sectionNumber":"98J","sectionType":"section","heading":"Power to satisfy unexplained wealth order","content":"98J Power to satisfy unexplained wealth order\n(1) An unexplained wealth order authorises the public trustee and\nguardian to satisfy the order out of any property restrained for the\norder (including any property that becomes restrained after the order\nis made).\nNote 1 An amount received by the public trustee and guardian to satisfy the\nunexplained wealth order must be paid into the confiscated assets trust\nfund (see s 131).\nNote 2 An interstate unexplained wealth order is taken to be an unexplained\nwealth order under this Act (see s 139).\n(2) To satisfy the unexplained wealth order, the public trustee and\nguardian may sell or otherwise dispose of restrained property that is\nnot money in any way the public trustee and guardian considers\nappropriate.\nNote The money realised by the public trustee and guardian from the disposal\nof property must be paid into the confiscated assets trust fund (see s 131\nand dict, def fully satisfied, par (b)).\n(3) However, the public trustee and guardian must not sell or otherwise\ndispose of restrained property to satisfy the order until all confiscation\nproceedings, including forfeiture proceedings, in relation to the\nproperty have been finalised.\nNote 1 For the meaning of confiscation proceedings, see s 236.\nNote 2 For when confiscation and criminal proceedings are finalised, see s 18.\n(4) The unexplained wealth order also authorises the public trustee and\nguardian or anyone else named in the order (an authorised agent) to\nsign any instrument necessary or convenient for the disposal of\nrestrained property.\n(5) An instrument signed by an authorised agent has the same effect as if\nit were signed by the person who owned the property before it was\n\n","sortOrder":120},{"sectionNumber":"98K","sectionType":"section","heading":"Public trustee and guardian to repay any amount surplus","content":"98K Public trustee and guardian to repay any amount surplus\nto satisfying unexplained wealth order\nIf the amounts paid into the trust fund to satisfy an unexplained wealth\norder are more than is required to fully satisfy the order, the public\ntrustee and guardian must pay the surplus amount to the person\nagainst whom the order was made.\n","sortOrder":121},{"sectionNumber":"98L","sectionType":"section","heading":"When unexplained wealth order ends","content":"98L When unexplained wealth order ends\nAn unexplained wealth order ends if—\n(a) the order is reversed or set aside on appeal; or\n(b) the order is fully satisfied.\n\n","sortOrder":122},{"sectionNumber":"Div 8","sectionType":"division","heading":"1 Management of restrained property by","content":"Division 8.1 Management of restrained property by\npublic trustee and guardian\n","sortOrder":123},{"sectionNumber":"99","sectionType":"section","heading":"Application of div 8.1","content":"99 Application of div 8.1\nThis division applies if the public trustee and guardian takes control\nof restrained property under an order under this Act.\nNote 1 A registered interstate restraining order is taken to be a restraining order\nNote 2 A provision of a law that gives an entity (including a person) a function\nalso gives the entity powers necessary and convenient to exercise the\nfunction (see Legislation Act, s 196 and dict, pt 1, def entity).\n","sortOrder":124},{"sectionNumber":"100","sectionType":"section","heading":"Powers of public trustee and guardian to preserve","content":"100 Powers of public trustee and guardian to preserve\nrestrained property etc\n(1) The public trustee and guardian may do anything necessary or\ndesirable to preserve the value of the restrained property.\n1 bring or defend any civil proceeding affecting the property\n2 insure the property\n3 if the property consists (completely or partly) of securities or investments,\nrealise or otherwise deal with the securities or investments\n4 if the property is related to a business—\n(a) employ, or end the employment of, people in the business; and\n(b) do anything else that is necessary or convenient for carrying on the\nbusiness on a sound commercial basis\n5 if the property consists, completely or partly, of shares in a corporation,\nexercise (to the exclusion of the registered proprietor) the rights attaching to\nthe shares as if the public trustee and guardian were the registered holder\nNote Related powers of the public trustee and guardian include making an\napplication to a relevant court for an order about the restrained property\n(see s 39) and the registration of title to, or charges over, registrable\nproperty (see s 50).\n\n(2) The owner of restrained property commits an offence if—\n(a) the public trustee and guardian asks the owner for the person’s\ntax file number within a stated reasonable time; and\n(b) the owner fails to give the public trustee and guardian the\nperson’s tax file number within that time.\n(3) An offence against this section is a strict liability offence.\n","sortOrder":125},{"sectionNumber":"101","sectionType":"section","heading":"Sale, modification or destruction of property by public","content":"101 Sale, modification or destruction of property by public\n(1) The public trustee and guardian may sell restrained property if—\n(a) the property is deteriorating or substantially losing value or the\npublic trustee and guardian considers that the property is likely\nto deteriorate or substantially lose value; or\n(b) the public trustee and guardian considers that the cost of\nmaintaining the property would be more than the value of the\nproperty if the property were forfeited.\n(2) The restraining order that applied to restrained property sold under\nthis section applies to the proceeds of the sale of the property.\n(3) The public trustee and guardian may modify or destroy restrained\nproperty if the public trustee and guardian considers it is necessary to\ndo so in the public interest.\nExamples of destruction of property in the public interest\n1 the restrained property cannot be used legally or the only practical use of the\nproperty is for an illegal purpose\n2 the restrained property is a threat to public health or safety\n\n","sortOrder":126},{"sectionNumber":"102","sectionType":"section","heading":"Notice of sale, modification or destruction of restrained","content":"102 Notice of sale, modification or destruction of restrained\nproperty by public trustee and guardian\n(1) The public trustee and guardian must give written notice of a\nproposed sale, modification or destruction of restrained property\nunder section 101 (the proposed action) to—\n(a) the owner of the property (if known); and\n(b) anyone else the public trustee and guardian believes may have\nan interest in the property.\nNote 1 For how documents may be given, see the Legislation Act, pt 19.5.\nNote 2 For the emergency modification or destruction of restrained property, see\ns 103.\n(a) the proposed action and the property to which it applies; and\n(b) the date when the proposed action is to be taken (the date of\neffect); and\n(c) that the proposed action may be taken on or after the date of\neffect unless a relevant court orders the public trustee and\nguardian not to take the proposed action.\n(3) The notice may, but need not, provide an opportunity for the person\nto make representations why the proposed action should not be taken.\n(4) The date of effect must not be earlier than 21 days after the day the\nnotice is given to the person.\nNote For the power to give a reduced period of notice, see s 103.\n(5) The public trustee and guardian must not take the proposed action\nbefore the date of effect.\nNote For the power not to give notice of the modification or destruction of\nproperty, see s 103.\n\n","sortOrder":127},{"sectionNumber":"103","sectionType":"section","heading":"Emergency modification or destruction of restrained","content":"103 Emergency modification or destruction of restrained\n(1) This section applies if the public trustee and guardian considers that\nrestrained property is a serious threat to public health or safety.\n(2) Despite section 102, the public trustee and guardian may—\n(a) give notice to a person under that section with a date of effect\nless than 21 days after the day the notice is given to the person;\nor\n(b) modify or destroy the property without giving notice under that\nsection.\n(3) If the public trustee and guardian modifies or destroys the property\nunder subsection (2) (b), the public trustee and guardian must, as soon\nas practicable, give notice of the action taken, and the grounds for the\naction, to—\n(a) the owner of the property (if known); and\n(b) anyone else the public trustee and guardian believes may have\nan interest in the property.\n","sortOrder":128},{"sectionNumber":"104","sectionType":"section","heading":"Notice details to be included in public trustee and","content":"104 Notice details to be included in public trustee and\nguardian’s report\n(1) The public trustee and guardian must include details of a notice given\nunder section 102 or section 103 in the public trustee and guardian’s\nreport under the Annual Reports (Government Agencies) Act 2004\nfor—\n(a) the financial year during which the notice was given; or\n\n(b) if the chief police officer has, under this section, declared the\npublication of details of the notice to be prejudicial—the next\nfinancial year after the chief police officer revokes the\ndeclaration.\nNote Financial year has an extended meaning in the Annual Reports\n(Government Agencies) Act 2004.\n(2) Before including details of the notice in a report under\nsubsection (1) (a), the public trustee and guardian must consult the\nchief police officer about whether publication of the details of the\nnotice in the report would be likely to prejudice any police\ninvestigation.\n(3) If, in the chief police officer’s opinion, the publication of the details\nof the notice in the report would be likely to prejudice a police\ninvestigation, the chief police officer must—\n(a) declare the publication of the details to be prejudicial; and\n(b) tell the public trustee and guardian, in writing, that the\ndeclaration is made.\n(4) If, in the chief police officer’s opinion after making a declaration, the\npublication of details of the notice would no longer be likely to\nprejudice any police investigation, the chief police officer must—\n(a) revoke the declaration; and\n(b) tell the public trustee and guardian, in writing, that the\ndeclaration is revoked.\npolice investigation includes a contemplated police investigation.\n\n","sortOrder":129},{"sectionNumber":"105","sectionType":"section","heading":"Order to stop sale, modification or destruction of","content":"105 Order to stop sale, modification or destruction of\nrestrained property\n(1) A person may apply to a relevant court for an order stopping the\npublic trustee and guardian from selling, modifying or disposing of\nrestrained property under this division.\n(2) If the person was not given notice of the proposed action by the public\ntrustee and guardian, the person may make the application only with\nthe leave of the relevant court and if the person satisfies the court that\nthe person has an interest in the property.\n(3) On an application under this section, the court may make any order\nabout the sale, modification or destruction of the property it considers\nappropriate.\nproposed action—see section 102 (1).\n\nJoint ownership of restrained property Division 8.2\nDivision 8.2 Joint ownership of restrained\n","sortOrder":130},{"sectionNumber":"106","sectionType":"section","heading":"Effect of death on joint ownership","content":"106 Effect of death on joint ownership\n(1) This section applies to property that is jointly owned if any of the\nowners die while the property (including any interest in the property)\nis subject to a restraining order.\n(2) If the property was held by the dead person as a joint tenant, the\nperson’s death does not vest the person’s interest in the property in\nthe surviving joint owner.\n(3) If the property was held by the dead person as a tenant in common,\nthe dead person’s interest must not be transferred to anyone else\nbecause of the person’s death.\nExamples of prohibited transfers\nThe dead person’s interest must not be transferred to an executor or administrator,\nor to a beneficiary under the dead person’s will or under intestacy.\n(4) The restraining order continues to apply to the property as if the\nperson had not died.\n(5) An automatic forfeiture of any interest of the dead person in the\nproperty, or a forfeiture order made in relation to the interest, applies\nas if the interest were forfeited immediately before the person died.\nNote 1 A registered interstate automatic forfeiture decision is taken to be an\nNote 2 A registered interstate forfeiture order is taken to be a forfeiture order\n(6) If the restraining order stops applying to the property without it being\nforfeited under this Act, this section is taken not to have applied to\nthe property.\n\n","sortOrder":131},{"sectionNumber":"107","sectionType":"section","heading":"Meaning of interested person in pt 9","content":"107 Meaning of interested person in pt 9\ninterested person, in relation to property, means—\n(a) a person who has an interest in the property; or\n(b) the DPP; or\n(c) if a trustee (including the public trustee and guardian) controls\nthe property—the trustee; or\n(d) if the property has been forfeited—a person who had an interest\nin the property immediately before it was forfeited.\n","sortOrder":132},{"sectionNumber":"108","sectionType":"section","heading":"Forfeited property—powers of public trustee and","content":"108 Forfeited property—powers of public trustee and\nguardian\n(1) The public trustee and guardian may take any steps that are necessary\nor desirable to vest forfeited property in the Territory and to bring it\nunder the public trustee and guardian’s control.\n1 the giving notice of, or otherwise taking action to protect, the Territory’s\nequitable interest in forfeited property\n2 registering a caveat over forfeited property\n3 obtaining registration of an interest in forfeited property on behalf of the\nTerritory (including signing an instrument of transfer)\n\nPreliminary Division 9.1\n(2) This section does not limit the powers of the public trustee and\nguardian under this Act in relation to the forfeited property.\nthe public trustee and guardian may transfer an interest in property on behalf of the\nTerritory\nNote A registered interstate forfeiture order is taken to be a forfeiture order\n\nDivision 9.2 Vesting and disposal of forfeited property\nDivision 9.2 Vesting and disposal of forfeited\n109 Vesting of forfeited property—general rule\nOn forfeiture, the forfeited property vests absolutely in the Territory.\nNote 1 Property includes an interest in property, see Legislation Act, dict, pt 1.\nNote 2 If a joint owner of restrained property dies, and the property is later\n","sortOrder":133},{"sectionNumber":"110","sectionType":"section","heading":"Vesting of registrable property on forfeiture","content":"110 Vesting of registrable property on forfeiture\n(1) This section applies despite section 109, if the forfeited property is,\nor is an interest in, registrable property.\n(2) On forfeiture, the property or the interest vests in equity in the\nTerritory, but does not vest at law in the Territory until the applicable\nregistration requirements for the property or the interest have been\ncomplied with.\nAll of a person’s property, except a mortgage over the person’s house, is restrained\nbefore the person’s conviction for a serious offence. All the restrained property is\nforfeited 14 days after the person’s conviction. The mortgagee’s interest is not\nforfeited because it was not restrained. However, all other registrable interests in\nthe house are forfeited and vest in the Territory in equity. On registration of the\ninterests under the Land Titles Act 1925, the interests vest in law in the Territory.\nNote 1 For the power of a relevant court to order the sale of property owned by\nmore than 1 person, see div 9.4.\nNote 2 Non-registrable property vests ‘at law’ in the Territory on forfeiture,\nbecause it vests ‘absolutely’ under s 109. Registrable property vests ‘at\nlaw’ in the Territory when it is registered in the name of the Territory\n(3) The Territory is entitled to be registered as the owner of the property\nor the interest.\n\nVesting and disposal of forfeited property Division 9.2\n(4) The registration of the Territory as the owner of the property is taken\nnot to be a contravention of a direction under section 111 (3) in\nrelation to the property.\nNote If a joint owner of restrained property dies, and the property is later\n(5) To remove any doubt, if property is divisible into 2 or more interests\nand not all the interests in the property are forfeited, the other interest\nor interests are not ended only because of the forfeiture of another\ninterest in the property.\n","sortOrder":134},{"sectionNumber":"111","sectionType":"section","heading":"Disposal of forfeited property","content":"111 Disposal of forfeited property\n(1) If forfeited property is money, the public trustee and guardian must\npay the money into the trust fund.\n(2) The public trustee and guardian must sell or otherwise dispose of\nforfeited property (other than money) as soon as practicable after—\n(a) the end of 14 days after the day the property was forfeited; and\n(b) the property has vested at law in the Territory; and\n(c) the public trustee and guardian has control of the property; and\n(d) if applicable—the end of 14 days after all confiscation\nproceedings in relation to the property have been finalised.\nNote 1 A restraining order stops applying to property when the property vests in\nlaw in the Territory and the public trustee and guardian takes control of\nthe property (see s 45 (1) (b)).\nNote 2 The 14-day periods reflect the application periods for return or\ncompensation orders under div 9.5 and buy-back orders under div 9.6.\nNote 3 For the sale of jointly owned property, see s 116.\n\n","sortOrder":135},{"sectionNumber":"Div 9","sectionType":"division","heading":"3 Improperly obtained registered property interests","content":"Division 9.3 Improperly obtained registered property interests\n(3) However, the Minister may, after all confiscation proceedings in\nrelation to forfeited property are finalised and before the public\ntrustee and guardian deals with the property under subsection (1)\nor (2), direct that the property be dealt with in accordance with the\ndirection (including in accordance with a law stated in the direction).\n(4) The public trustee and guardian must comply with the Minister’s\ndirection.\n(5) Also, if the DPP tells the public trustee and guardian that forfeited\nproperty has evidentiary value in a criminal proceeding, the property\nmust not be sold or otherwise disposed of before the criminal\nproceeding is finalised, other than—\n(a) for the purpose of vesting the property at law in the Territory or\nallowing the public trustee and guardian to take control of the\n(b) in accordance with a written direction of the DPP.\nDivision 9.3 Improperly obtained registered\nproperty interests\n","sortOrder":136},{"sectionNumber":"112","sectionType":"section","heading":"Application of div 9.3 to registered property interests","content":"112 Application of div 9.3 to registered property interests\nThis division applies to forfeited property if—\n(a) the property has vested in law in the Territory after a registered\nproperty interest in the property was created; or\n(b) if the property was jointly owned immediately before\nforfeiture—the property has vested in trustees for sale under\nsection 117 after the interest was created.\nNote If a joint owner of restrained property dies, and the property is later\n\nImproperly obtained registered property interests Division 9.3\n","sortOrder":137},{"sectionNumber":"113","sectionType":"section","heading":"Discharge of prior registered property interests given for","content":"113 Discharge of prior registered property interests given for\nimproper purposes\n(1) An interested person may apply to a relevant court for an order\ndischarging a registered property interest to which forfeited property\nis subject.\n(2) The court must order the discharge of the registered property interest\nunless satisfied that—\n(a) the interest was acquired honestly and for sufficient\nconsideration and the person took reasonable care to establish\nthat the interest could be lawfully acquired by the person; and\n(b) for a registered property interest that was acquired otherwise\nthan in the ordinary course of business—\n(i) the owner of the registered property interest was not a party\nto the offence (or a related offence) in relation to which the\nforfeiture was made; and\n(ii) the property is not subject to the effective control of the\nperson who committed the offence (or a related offence) in\nrelation to which the forfeiture was made.\n(3) On application by an interested person, a person responsible for a\nstatutory property register must make the entries in the register that\nare necessary or desirable to give effect to the court order.\n\nDivision 9.4 Sale of jointly owned forfeited\nNote For general provisions about proceedings for orders under this division\n(which are confiscation proceedings—see s 236), see pt 14.\n","sortOrder":138},{"sectionNumber":"114","sectionType":"section","heading":"Application of div 9.4 to jointly owned property","content":"114 Application of div 9.4 to jointly owned property\n(1) This division applies to jointly owned property if the property, or an\ninterest in the property, is forfeited under this Act.\nNote 1 A registered interstate automatic forfeiture decision is taken to be an\nNote 2 A registered interstate forfeiture order is taken to be a forfeiture order\n(2) However, this division does not affect any right of a person to sell an\ninterest in the property that has not been forfeited if the property is\nnot subject to an order under this division.\n","sortOrder":139},{"sectionNumber":"115","sectionType":"section","heading":"Inconsistency with Trustee Act or Conveyancing Act","content":"115 Inconsistency with Trustee Act or Conveyancing Act\n(1) This section applies if there is an inconsistency between—\n(a) this division or a court order under this division; and\n(b) the Trustee Act 1925 or the Civil Law (Property) Act 2006,\ndivision 2.4.1 (Dispositions on trust for sale or with power of\nsale).\n(2) If this section applies, this division or the court order overrides the\nlegislation mentioned in subsection (1) (b), to the extent of the\ninconsistency.\n\nSale of jointly owned forfeited property Division 9.4\n","sortOrder":140},{"sectionNumber":"116","sectionType":"section","heading":"Order for sale of jointly owned property","content":"116 Order for sale of jointly owned property\n(1) An interested person may apply to a relevant court for an order for\nthe sale under a trust for sale of jointly owned property to which this\ndivision applies.\nNote A trust for sale allows property to be sold over the objections of a person.\n(2) The court may order the sale of the property under a trust for sale if\nsatisfied that the sale of the property—\n(a) is the most practical way of ensuring a reasonable price for the\nproperty or a joint owner’s interest in the property; or\n(b) is just and equitable in all the circumstances.\n(3) The court may give the trustees any directions about the property, its\nsale and the proceeds of the sale that the court considers appropriate.\n1 a direction that the trustees obtain a valuation of the property from a qualified\nvaluer before the sale\n2 a direction that the property must only be sold by auction\n3 a direction fixing the reserve price for the sale of the property at auction\n4 if a joint owner is allowed to buy the property, a direction that the joint owner\nmay set off against the purchase price any share of that person in the proceeds\nof the sale\n(4) A joint owner of the property may buy the property only if a direction\nof the court allows the person to buy the property.\n(5) On application by the purchaser of the property, a person responsible\nfor a statutory property register must make the entries in the register\nthat are necessary or desirable to give effect to the sale of the property\nin accordance with the court order (and any directions of the court).\n\n","sortOrder":141},{"sectionNumber":"117","sectionType":"section","heading":"Trust for sale of property","content":"117 Trust for sale of property\n(1) If a relevant court makes an order for the sale of property under a trust\nfor sale, the court must appoint trustees for the sale.\n(2) The trustees hold the property under a trust for sale to sell the property\nand, after payment of the costs and expenses of the sale and of any\noutgoings in relation to the property, to pay the proceeds of the sale\nand any income from the property to the court.\n(3) The property vests in the trustees on their appointment.\n(4) The property vests in the trustees subject to any registered property\ninterests that apply to all of the property, other than an undivided\nshare of the property.\n","sortOrder":142},{"sectionNumber":"118","sectionType":"section","heading":"Effect of trust for sale on joint ownership","content":"118 Effect of trust for sale on joint ownership\nThe joint ownership of the property ends on the vesting of the\nproperty in the trustees.\n","sortOrder":143},{"sectionNumber":"119","sectionType":"section","heading":"Distribution of proceeds of sale of property","content":"119 Distribution of proceeds of sale of property\n(1) The amount paid to a relevant court under section 117 (2) is payable\nto the Territory.\n(2) However, the court may order the payment of part or all of the amount\nto a person (an innocent joint owner) who was a joint owner of the\nproperty immediately before it was sold under this division if—\n(a) the innocent joint owner was not a party to the offence (or a\nrelated offence) in relation to which the forfeiture was made; and\n(b) the innocent joint owner’s interest is not subject to the effective\ncontrol of a person who committed the offence (or a related\noffence) (an offender) in relation to which the forfeiture was\nmade; and\n\nForfeited property—return or compensation Division 9.5\n(c) for property acquired completely or partly, or directly or\nindirectly, from an offender—the property was acquired\nhonestly and for sufficient consideration and the innocent joint\nowner took reasonable care to establish that the property could\nbe lawfully acquired by the innocent joint owner.\n(3) For subsection (2), the court may have regard to any matter it\nconsiders appropriate, including the relationship between the\noffender and the innocent joint owner.\n","sortOrder":144},{"sectionNumber":"120","sectionType":"section","heading":"Variation of court order for sale","content":"120 Variation of court order for sale\nOn application by the trustees for sale or an interested person, a\nrelevant court may vary an order it has made for the sale of property\nunder a trust for sale (or make or vary any directions about the\nproperty, its sale or the proceeds of sale).\nDivision 9.5 Forfeited property—return or\ncompensation\nNote For general provisions about a proceeding for a return or compensation\n","sortOrder":145},{"sectionNumber":"121","sectionType":"section","heading":"Meaning of return or compensation order","content":"121 Meaning of return or compensation order\nreturn or compensation order means an order under section 123\n(Return or compensation orders—making) that an interest in forfeited\nproperty be returned to the person who held the interest immediately\nbefore its forfeiture, or that the Territory pay to the person the value\nof the interest.\n\nDivision 9.5 Forfeited property—return or compensation\n","sortOrder":146},{"sectionNumber":"122","sectionType":"section","heading":"Return or compensation orders—application","content":"122 Return or compensation orders—application\n(1) A person who held an interest in forfeited property immediately\nbefore its forfeiture may apply to a relevant court for a return or\ncompensation order in relation to the interest.\n(2) The application may be made only if 1 of the following events\nhappens (a qualifying event):\n(a) if the interest was forfeited under a forfeiture order or automatic\nforfeiture—the person is cleared of the offence (and any related\noffences) to which the forfeiture related;\nNote For the meaning of cleared, see s 17.\n(b) if the interest was forfeited under a forfeiture order—the\nproceeding in relation to the order is finalised and the order is\noverturned on appeal.\nNote For the meaning of finalised, see s 18.\n(3) The application must be made within 14 days after—\n(a) the day the qualifying event happens; or\n(b) if the person only became aware of the qualifying event at a later\ntime, and the delay in becoming aware of the event was not\nbecause of the person’s neglect—the day the person became\naware of the qualifying event.\nby this section in certain circumstances (see s 246).\n\nForfeited property—buyback of interest Division 9.6\n","sortOrder":147},{"sectionNumber":"123","sectionType":"section","heading":"Return or compensation orders—making","content":"123 Return or compensation orders—making\n(1) On application under section 122, if satisfied that a qualifying event\nmentioned in section 122 (2) has happened in relation to a forfeited\ninterest, the court may order—\n(a) that the forfeited interest be returned to the person who held the\ninterest immediately before its forfeiture; or\n(b) that the Territory pay the person the value of the interest.\n(2) In making the order, the court must—\n(a) declare the extent, nature and value of the person’s interest in\nthe forfeited property; and\n(b) order that—\n(i) if the interest is still vested in the Territory—the Territory\ntransfer the interest to the person; or\n(ii) in any other case—the public trustee and guardian pay the\nperson the value declared under paragraph (a).\nDivision 9.6 Forfeited property—buyback of\ninterest\nNote For general provisions about a proceeding for a buyback order (which is\na confiscation proceeding—see s 236), see pt 14.\n","sortOrder":148},{"sectionNumber":"124","sectionType":"section","heading":"Meaning of buyback order","content":"124 Meaning of buyback order\nbuyback order means an order under section 126 (Buyback orders—\nmaking) declaring that a person may buy an interest in forfeited\nproperty from the Territory.\n\nDivision 9.6 Forfeited property—buyback of interest\n","sortOrder":149},{"sectionNumber":"125","sectionType":"section","heading":"Buyback orders—application","content":"125 Buyback orders—application\n(1) A person who held an interest in forfeited property immediately\nbefore its forfeiture may apply to a relevant court for a buyback order\nin relation to—\n(a) that interest; or\n(b) any other interest in the forfeited property; or\n(c) all interests in the forfeited property.\n(2) The application must be made within 14 days after—\n(a) the day the interest formerly held by the person was forfeited; or\n(b) if the person only became aware of the forfeiture at a later time,\nand the delay in becoming aware of the forfeiture was not\nbecause of the person’s neglect—the day the person became\naware of the forfeiture.\nby this section in certain circumstances (see s 246).\n","sortOrder":150},{"sectionNumber":"126","sectionType":"section","heading":"Buyback orders—making","content":"126 Buyback orders—making\n(1) On application under section 125, the court may, by order, declare\nthat a person may buy an interest in forfeited property from the\nTerritory if it is satisfied that—\n(a) the interest is still vested in the Territory; and\n(b) it would not be contrary to the public interest (including for the\npurposes of this Act) to do so; and\n(c) if the order applied for is in relation to an interest other than the\ninterest formerly held by the person—no-one else who held an\ninterest in the forfeited property immediately before forfeiture\nobjects to the making of the order.\nNote The applicant must give notice of the application to anyone else the\napplicant knows to have had an interest in the property immediately\nbefore forfeiture (see s 244).\n\nForfeited property—buyback of interest Division 9.6\n(2) In making the order, the court must declare—\n(a) the extent, nature and value of the interest in the forfeited\nproperty that is to be bought from the Territory; and\n(b) that the interest may be bought from the Territory for the value\ndeclared under paragraph (a) within 1 month after the day the\norder is made.\n","sortOrder":151},{"sectionNumber":"127","sectionType":"section","heading":"Buyback orders—buying interest in property","content":"127 Buyback orders—buying interest in property\nIf a buyback order is made, and the applicant for the order pays to the\npublic trustee and guardian the value declared under\nsection 126 (2) (a) within 1 month after the day the order is made, the\nTerritory must transfer the interest to the applicant.\n\n","sortOrder":152},{"sectionNumber":"127A","sectionType":"section","heading":"Definitions—pt 10","content":"127A Definitions—pt 10\ncorresponding proceeds, of a State or the Territory—see the\nNCSUW agreement.\nNote State includes the Northern Territory (see Legislation Act, dict).\nnational cooperative scheme means the national cooperative scheme\non unexplained wealth.\nnational cooperative scheme on unexplained wealth means a\nscheme under which any or all of the following happen:\n(a) the Territory shares with the Commonwealth or a State, in\naccordance with division 10.3 (National cooperative scheme on\nunexplained wealth), any corresponding proceeds of the\nTerritory that are shareable;\n(b) the Commonwealth shares with the Territory, in accordance\nwith a law of the Commonwealth, any proceeds of confiscated\nassets that are shareable;\n(c) a State shares with the Territory, in accordance with a law of the\nState, any corresponding proceeds of the State that are\nshareable.\nNCSUW agreement means the Intergovernmental Agreement on the\nNational Cooperative Scheme on Unexplained Wealth, entered into\nby the Australian Capital Territory on 6 December 2018, as in force\nfrom time to time.\n\nproceeds of confiscated assets—see the Proceeds of Crime Act 2002\n(Cwlth), section 296 (3).\nshareable, in relation to proceeds of confiscated assets or\ncorresponding proceeds under the national cooperative scheme—see\nthe NCSUW agreement.\n","sortOrder":153},{"sectionNumber":"Div 10","sectionType":"division","heading":"2 Establishment and payments into and","content":"Division 10.2 Establishment and payments into and\nout of the trust fund\n","sortOrder":154},{"sectionNumber":"128","sectionType":"section","heading":"Definitions—div 10.2","content":"128 Definitions—div 10.2\ndistributable funds means money in the trust fund that is—\n(a) designated as distributable funds by regulation; or\n(b) declared under section 135 (4) (Review of reserved and\ndistributable funds by public trustee and guardian) to be\ndistributable funds.\nequitable sharing program—see section 129.\nreserved funds means money in the trust fund that is—\n(a) designated as reserved funds by regulation; or\n(b) declared under section 135 (2) to be reserved funds.\n\n","sortOrder":155},{"sectionNumber":"129","sectionType":"section","heading":"Meaning of equitable sharing program","content":"129 Meaning of equitable sharing program\nequitable sharing program means an arrangement under which 1 or\nmore of the following happen:\n(a) the Territory shares with the Commonwealth or a State a\nproportion of any proceeds of an unlawful activity recovered\nunder a territory law (including this Act), if, in the Minister’s\nopinion, the Commonwealth or that State has made a significant\ncontribution to the recovery of the proceeds or to the\ninvestigation or prosecution of the unlawful activity;\n(b) the Commonwealth or a State shares with the Territory a\nproportion of any proceeds of an unlawful activity recovered\nunder a law of the Commonwealth or that State, if, in the opinion\nof the appropriate Minister of the Commonwealth or that State,\nthe Territory has made a significant contribution to the recovery\nof the proceeds;\n(c) the Territory shares with a foreign country a proportion of the\nproceeds of any unlawful activity recovered under a territory\nlaw, if, in the Minister’s opinion, the foreign country has made\na significant contribution to the recovery of the proceeds or to\nthe investigation or prosecution of the unlawful activity.\n(2) In subsection (1):\nproceeds of an unlawful activity do not include proceeds of\nconfiscated assets, or corresponding proceeds, that are shareable\nunder the national cooperative scheme.\nNote Proceeds that are shareable are dealt with in div 10.3 under the national\ncooperative scheme on unexplained wealth.\nunlawful activity means an act or omission that is—\n(a) a relevant offence; or\n(b) an offence against a law of a foreign country.\n\n","sortOrder":156},{"sectionNumber":"130","sectionType":"section","heading":"Establishment of trust fund","content":"130 Establishment of trust fund\nThere is to be a trust fund called the confiscated assets trust fund.\n","sortOrder":157},{"sectionNumber":"131","sectionType":"section","heading":"Payments into trust fund","content":"131 Payments into trust fund\n(1) The following amounts must be paid into the trust fund:\n(a) the income from the administration of restrained property;\n(b) the forfeited money mentioned in section 111 (1) (Disposal of\nforfeited property) and the Criminal Code, section 377\n(Unlawful possession offence—disposal of forfeited property\nby public trustee and guardian);\n(c) income earned from forfeited property (including income from\nthe administration of the property);\n(d) amounts raised from the sale of property to satisfy penalty\norders, including any income earned from those amounts;\n(e) amounts received, or amounts raised from the sale of property,\nto satisfy unexplained wealth orders, including any income\nearned from those amounts;\n(f) payments for forfeited property that is bought back under a\nbuyback order;\n(g) the remainder of the proceeds mentioned in the Crimes\nAct 1900, section 250 (2) (b) (Disposal of forfeited articles by\npublic trustee) and the Criminal Code, section 377 (3) (b);\n(h) the proceeds of the enforcement of registered interstate\nautomatic forfeiture decisions and registered interstate forfeiture\norders;\n(i) payments and the proceeds of property sold to satisfy an\ninterstate penalty orders;\n(j) payments received under the equitable sharing program;\n\n(k) amounts paid to the Territory under the national cooperative\nscheme.\n(2) However, this section does not apply in relation to forfeited property\nto which a direction under section 111 (3) (Disposal of forfeited\nproperty) applies.\n(3) Amounts paid into the trust fund must be designated as reserved funds\nor distributable funds in accordance with the regulations (if any).\n(4) All amounts payable into the trust fund must be paid into a trust\nbanking account maintained under the Financial Management\nAct 1996, section 51 (Directorate trust banking accounts).\n","sortOrder":158},{"sectionNumber":"132","sectionType":"section","heading":"Purposes of trust fund","content":"132 Purposes of trust fund\n(1) The trust fund may be used to make payments from reserved funds\nfor the following purposes:\n(a) payments under return or compensation orders;\n(b) payments of compensation under the Criminal Code,\nsection 378 (Unlawful possession offence—return of or\ncompensation for forfeited property);\n(c) if property in the possession or control of the public trustee and\nguardian is returned, or compensation paid for property that has\nbeen under the control of the public trustee and guardian, under\na return or compensation order—any costs, charges or expenses\ndeducted by the public trustee and guardian in relation to the\nproperty;\n(d) the annual management fee prescribed by regulation for the\npublic trustee and guardian;\n(e) other costs, charges or expenses of the public trustee and\nguardian in relation to the exercise of functions under this Act;\n(f) payments under the equitable sharing program;\n\n(g) payments by the Territory under the national cooperative\nscheme.\n(2) The trust fund may be used to make payments from distributable\nfunds in accordance with section 134 (2) (Distribution of surplus\nfunds).\n","sortOrder":159},{"sectionNumber":"133","sectionType":"section","heading":"Payments from trust fund","content":"133 Payments from trust fund\n(1) Payments must be made in accordance with the principle that\npayments for a purpose for which reserved funds may be used have\npriority over payments for purposes for which distributable funds\nmay be used.\n(2) The public trustee and guardian may make payments for the purposes\nof the trust fund.\n(3) However, a payment under the equitable sharing program or from\ndistributable funds may be made only in accordance with a written\ndirection of the Minister.\n","sortOrder":160},{"sectionNumber":"134","sectionType":"section","heading":"Distribution of surplus funds","content":"134 Distribution of surplus funds\n(1) For section 132 (2) (Purposes of trust fund), the Minister must, at least\nonce in each financial year, decide the amount of distributable funds\navailable for payment from the trust fund.\n(2) The Minister may approve the use of part or all of the decided amount\nfor any of the following purposes:\n(a) the enforcement of territory laws;\n(b) criminal justice activities;\n(c) crime prevention;\n(d) assistance to victims of crime;\n(e) the prevention of drug abuse;\n(f) the rehabilitation of drug users;\n\n(g) a purpose prescribed by regulation relating to law enforcement\nor drug rehabilitation and education.\n(3) An approval is a notifiable instrument.\nNote A notifiable instrument must be notified under the Legislation Act.\n","sortOrder":161},{"sectionNumber":"135","sectionType":"section","heading":"Review of reserved and distributable funds by public","content":"135 Review of reserved and distributable funds by public\n(1) The public trustee and guardian must review the trust fund at least\ntwice each year to decide whether the amount of reserved funds is\nlikely to be sufficient to meet the payments from reserved funds that\nmay be made within the 6-month period after the review.\n(2) If the public trustee and guardian considers that the amount of\nreserved funds is likely to be insufficient, the public trustee and\nguardian must declare, in writing, an amount of distributable funds to\nbe reserved funds.\n(3) The amount declared must not be more than is necessary to increase\nthe amount of reserved funds to what is required to meet payments\nfrom reserved funds within the 6 months after the declaration is made.\n(4) If the public trustee and guardian considers that the amount of\nreserved funds is likely to be more than is necessary, the public trustee\nand guardian must declare, in writing, the amount of the surplus funds\nto be distributable funds.\n\nDivision 10.3 National cooperative scheme on\nunexplained wealth\nSubdivision 10.3.1 Important concepts\n135A Definitions—div 10.3\nCJC subcommittee—see section 135E.\ncontributing jurisdiction means any of the following that make a\ncontribution for the purposes of the national cooperative scheme:\n(a) the Commonwealth;\n(b) a participating State;\n(c) a cooperating State;\n(d) the Northern Territory.\ncontribution—see the NCSUW agreement.\ncooperating jurisdiction committee—see the NCSUW agreement.\ncooperating State—see the Proceeds of Crime Act 2002 (Cwlth),\nsection 14F.\ndecision-making period—see section 135B.\nnon-participating State—see the Proceeds of Crime Act 2002\n(Cwlth), section 338.\nparticipating State—see the Proceeds of Crime Act 2002 (Cwlth),\nsection 14C.\n\n","sortOrder":162},{"sectionNumber":"135B","sectionType":"section","heading":"Meaning of decision-making period—div 10.3","content":"135B Meaning of decision-making period—div 10.3\ndecision-making period—\n(a) see the NCSUW agreement; or\n(b) if paragraph (a) does not apply—means the period prescribed by\nregulation as the decision-making period for the national\ncooperative scheme.\n(2) A decision-making period may start or end before an amount is paid\ninto the trust fund.\nThe NCSUW agreement or a regulation may provide that, for shareable proceeds\nthat are to be paid to the Territory under a forfeiture order, the decision-making\nperiod starts when the order is made.\n","sortOrder":163},{"sectionNumber":"Subdiv 10","sectionType":"subdivision","heading":"3.2 Sharing with the Commonwealth or a","content":"Subdivision 10.3.2 Sharing with the Commonwealth or a\nState\n","sortOrder":164},{"sectionNumber":"135C","sectionType":"section","heading":"Purpose of subdiv 10.3.2","content":"135C Purpose of subdiv 10.3.2\nThis subdivision sets out the process under the national cooperative\nscheme for sharing with the Commonwealth or a State any\ncorresponding proceeds of the Territory that are shareable.\nNote State includes the Northern Territory (see Legislation Act, dict).\n\n","sortOrder":165},{"sectionNumber":"135D","sectionType":"section","heading":"Shareable proceeds of the Territory to be reduced to net","content":"135D Shareable proceeds of the Territory to be reduced to net\namount\n(1) The corresponding proceeds of the Territory that are shareable with\nthe Commonwealth or a State under the national cooperative scheme\nmust be reduced by any amount payable under the following sections:\n(a) section 132 (1) (a), (d) and (e) (Purposes of trust fund);\n(b) section 235 (Compensation).\n(2) The amount remaining after the reduction is the net amount.\n","sortOrder":166},{"sectionNumber":"135E","sectionType":"section","heading":"Cooperating jurisdiction committee to establish","content":"135E Cooperating jurisdiction committee to establish\nCJC subcommittee\n(1) The cooperating jurisdiction committee must establish a\nsubcommittee (the CJC subcommittee) to decide matters under this\ndivision about the net amount.\n(2) The CJC subcommittee must consist of the following members of the\ncooperating jurisdiction committee:\n(a) the Territory;\n(b) if, in the decision-making period, the cooperating jurisdiction\ncommittee makes a unanimous decision that the\nCommonwealth, a participating State, a cooperating State or the\nNorthern Territory made a contribution to the recovery of the\ncorresponding proceeds of the Territory—each contributing\njurisdiction.\n","sortOrder":167},{"sectionNumber":"135F","sectionType":"section","heading":"Non-participating non-cooperating States’ share","content":"135F Non-participating non-cooperating States’ share\n(1) This section applies if, in the decision-making period, the\nCJC subcommittee makes a unanimous decision that—\n(a) a non-participating non-cooperating State made a contribution\nto the recovery of the corresponding proceeds of the Territory;\nand\n\n(b) it is appropriate that a stated proportion of the net amount be\npayable to the State.\n(2) The stated proportion of the net amount is payable to the State under\nthe national cooperative scheme.\nnon-participating non-cooperating state means a non-participating\nstate that is not a cooperating state.\n","sortOrder":168},{"sectionNumber":"135G","sectionType":"section","heading":"Participating States’, cooperating States’ and Northern","content":"135G Participating States’, cooperating States’ and Northern\nTerritory’s share\n(1) If the CJC subcommittee includes a contributing jurisdiction—\n(a) any remaining net amount is to be divided into equal proportions\nbetween the Territory and each contributing jurisdiction; and\n(b) the proportion for each contributing jurisdiction is payable to the\njurisdiction under the national cooperative scheme.\n(2) However, if, in the decision-making period, the CJC subcommittee\nmakes a unanimous decision that it is inappropriate for the remaining\nnet amount to be divided equally—\n(a) any remaining net amount is to be divided into the proportions\nconsidered appropriate by the CJC subcommittee; and\n(b) the proportion for each contributing jurisdiction is payable to the\njurisdiction under the national cooperative scheme.\nremaining net amount means any proportion of the net amount\nremaining after the stated proportion is deducted under section 135F\n(Non-participating non-cooperating States’ share).\n\n","sortOrder":169},{"sectionNumber":"135H","sectionType":"section","heading":"When decisions about amounts may be made","content":"135H When decisions about amounts may be made\nA decision may be made under this division in relation to an amount\nbefore the amount is paid into the trust fund or becomes the net\namount.\nIf a forfeiture order is made that requires a person to pay to the Territory an amount,\nthe cooperating jurisdiction committee may establish a CJC subcommittee, and the\nCJC subcommittee may make decisions under this division about the sharing of the\namount, before the amount is paid into the trust fund or becomes the net amount.\n","sortOrder":170},{"sectionNumber":"135I","sectionType":"section","heading":"Payment period","content":"135I Payment period\n(1) If an amount is payable to the Commonwealth or a State under this\ndivision, the Minister must ensure that the amount is paid to the\nCommonwealth or State before the end of—\n(a) the payment period; or\n(b) if paragraph (a) does not apply—the period prescribed by\nregulation.\npayment period—see the NCSUW agreement.\n\nNote Proceedings under this part are civil, not criminal (see s 237 (1) (b)).\n","sortOrder":171},{"sectionNumber":"136","sectionType":"section","heading":"Meaning of authenticated for pt 11","content":"136 Meaning of authenticated for pt 11\nauthenticated, in relation to a corresponding law order, means\nauthenticated by the entity that made the order in accordance with the\ncorresponding law under which the order was made or the practice of\nthe entity.\nif the entity is a court, the order may be authenticated by the court’s seal or stamp\n","sortOrder":172},{"sectionNumber":"137","sectionType":"section","heading":"Interstate restraining and forfeiture orders etc—","content":"137 Interstate restraining and forfeiture orders etc—\n(a) an interstate restraining order expressly applies to—\n(i) stated property in the ACT; or\n(ii) all the property in the ACT of a person; or\n(iii) all the property (other than stated property) in the ACT of\na person; or\n(b) an interstate automatic forfeiture decision expressly applies to\nproperty in the ACT; or\n(c) an interstate forfeiture order expressly applies to property in the\nACT; or\n(d) an interstate unexplained wealth order expressly applies to\nproperty in the ACT.\n(2) An authenticated copy of the order or decision may be registered in a\nrelevant court by the applicant for the order or decision, the DPP or a\nperson prescribed by regulation.\n\nInterstate orders Part 11\n(3) An authenticated copy of any amendment of the order or decision\n(made before or after the registration of the order or decision) may be\nregistered in a relevant court by a person mentioned in subsection (2).\n(4) Registration of the order or decision, and any amendment of the order\nor decision, may be refused to the extent that the order or decision, or\nthe order or decision as amended, could not, on registration, be\nenforced in the ACT.\n(5) The order or decision, and any amendment of the order or decision,\nmust be registered in accordance with the procedure of the relevant\n","sortOrder":173},{"sectionNumber":"138","sectionType":"section","heading":"Interstate restraining and forfeiture orders etc—interim","content":"138 Interstate restraining and forfeiture orders etc—interim\n(1) This section applies to an electronic copy of an authenticated\ninterstate restraining order, interstate automatic forfeiture decision,\ninterstate forfeiture order, interstate unexplained wealth order or of\nan authenticated copy of any amendment of such an order or decision.\n(2) If the electronic copy is certified in accordance with the procedure of\na relevant court, it is taken, for this Act, to be an authenticated copy\nof the order, decision or amendment.\n(3) However, if the order, decision or amendment is registered in the\nrelevant court using the electronic copy, the registration ceases to\nhave effect at the end of 5 days after the day of registration, or when\nan authenticated copy of the order, decision or amendment is\nregistered, whichever happens first.\n\nelectronic copy, of a document, includes the following copies of the\ndocument:\n(a) a faxed copy;\n(b) an emailed copy;\n(c) a scanned copy.\n","sortOrder":174},{"sectionNumber":"139","sectionType":"section","heading":"Interstate restraining and forfeiture orders etc—effect of","content":"139 Interstate restraining and forfeiture orders etc—effect of\n(1) For this Act, a registered interstate restraining order is taken to be a\nrestraining order under this Act.\n(2) For this Act, a registered interstate automatic forfeiture decision is\ntaken to be an automatic forfeiture under division 5.2 (Automatic\nforfeiture—conviction for serious offences).\n(3) For this Act, a registered interstate civil forfeiture order is taken to be\na civil forfeiture order under this Act.\n(4) For this Act, a registered interstate conviction forfeiture order is taken\nto be a conviction forfeiture order under this Act.\n(5) For this Act, a registered interstate unexplained wealth order is taken\nto be an unexplained wealth order under this Act.\n(6) An amendment of a registered interstate order or decision mentioned\nin this section has effect for this Act only if it is registered under this\npart.\n\nInterstate orders Part 11\n","sortOrder":175},{"sectionNumber":"140","sectionType":"section","heading":"Interstate restraining and forfeiture orders etc—ending of","content":"140 Interstate restraining and forfeiture orders etc—ending of\nA registered interstate restraining order, automatic forfeiture\ndecision, forfeiture order or unexplained wealth order ceases to be\nregistered under this Act if—\n(a) it ceases to be in force under the corresponding law under which\nit was made; or\n(b) its registration is cancelled under section 141.\n","sortOrder":176},{"sectionNumber":"141","sectionType":"section","heading":"Interstate restraining and forfeiture orders etc—","content":"141 Interstate restraining and forfeiture orders etc—\ncancellation of registration\n(1) The registration of an interstate restraining order, interstate automatic\nforfeiture decision, interstate forfeiture order or interstate\nunexplained wealth order may be cancelled by a relevant court, or an\nofficer of a relevant court prescribed by regulation, if—\n(a) the registration was improperly obtained; or\n(b) details of any amendment of the order or decision, or any\ndirection of the entity that made the order or decision, was not\ngiven to the relevant court in accordance with the procedure of\nthe court.\n(2) The registration of an interstate restraining order, interstate automatic\nforfeiture decision, interstate forfeiture order or interstate\nunexplained wealth order, or an amendment of such an order or\ndecision, may be cancelled by a relevant court, to the extent that the\norder or decision, or the order or decision as amended, cannot be\nenforced in the ACT.\n\n","sortOrder":177},{"sectionNumber":"142","sectionType":"section","heading":"Creation of interstate penalty charges","content":"142 Creation of interstate penalty charges\n(a) an interstate restraining order is registered under this Act; and\n(b) an interstate penalty order is registered in the ACT under the\nService and Execution of Process Act 1992 (Cwlth).\n(2) On the registration of both of the orders mentioned in subsection (1),\na charge (an interstate penalty charge) to secure the amount payable\nunder the interstate penalty order is created over the property in the\nACT restrained under the interstate restraining order.\n(3) If the interstate restraining order is amended, after the interstate\npenalty order is made, to add more property, and the interstate\nrestraining order is registered under this part, the additional property\nis also subject to the penalty charge on registration of the amendment.\n","sortOrder":178},{"sectionNumber":"143","sectionType":"section","heading":"Interstate penalty charges—effect of creation","content":"143 Interstate penalty charges—effect of creation\nFor this Act, an interstate penalty charge is taken to be a penalty\ncharge under this Act.\n\nInquiry notices Division 12.1\n","sortOrder":179},{"sectionNumber":"144","sectionType":"section","heading":"Meaning of inquiry notice","content":"144 Meaning of inquiry notice\ninquiry notice means a notice by a police officer requiring a financial\ninstitution to give the officer stated information in relation to—\n(a) an account with the institution (including whether an account\nhas existed or does exist); or\n(b) a transaction (other than in relation to an account) conducted, or\nproposed to be conducted, by or with the institution (including\nwhether a transaction has been conducted).\nNote 1 Account includes a safe-deposit box (see dict, def account).\nNote 2 It is an offence to contravene an inquiry notice, to give false or misleading\ninformation in purported compliance with an inquiry notice, or to disclose\nthe existence or operation of the notice (see div 12.6).\n","sortOrder":180},{"sectionNumber":"145","sectionType":"section","heading":"Inquiry notices—giving","content":"145 Inquiry notices—giving\n(1) A police officer of the rank of commander (or higher) may give an\ninquiry notice to a financial institution.\n(2) The inquiry notice may be given only if the police officer is satisfied\nthat the information to which the notice relates is relevant to deciding\nwhether—\n(a) an application could be made for an order under this Act\n(including for another order under this part), a corresponding\nlaw order, or a search warrant under part 13 (Search warrants),\nin relation to anyone; or\n\n(b) a proceeding could be begun against anyone for an offence\nagainst this Act or a corresponding law or for a money\nlaundering offence.\nNote A money laundering offence includes a prescribed offence against a law\nof the Commonwealth, a State or another Territory, see dict.\n(3) The police officer must give a copy of the notice to the financial\ninstitution to which the notice applies.\n","sortOrder":181},{"sectionNumber":"146","sectionType":"section","heading":"Inquiry notices—form","content":"146 Inquiry notices—form\n(1) An inquiry notice must be signed by the police officer giving it.\n(a) that it is an inquiry notice under this Act; and\n(b) the financial institution to which the notice applies; and\n(c) the information that the financial institution is required to give;\nand\n(d) how the information is to be given; and\n(e) that the inquiry notice is a non-disclosable information order.\n(3) The notice must also include a statement setting out the effect of\ndivision 12.6 (Information order offences) in relation to inquiry\nnotices.\n\nMonitoring orders Division 12.2\n","sortOrder":182},{"sectionNumber":"147","sectionType":"section","heading":"Inquiry notices—immunity for complying financial","content":"147 Inquiry notices—immunity for complying financial\ninstitutions and staff\nA civil proceeding does not lie against a financial institution, or an\nofficer, employee or agent of a financial institution, in relation to loss,\ndamage or injury of any kind to someone else because of the giving\nof information honestly to a police officer in compliance with (or\npurported compliance with) an inquiry notice\nNote 1 For general provisions about a proceeding for a monitoring order (which\n","sortOrder":183},{"sectionNumber":"148","sectionType":"section","heading":"Meaning of monitoring order","content":"148 Meaning of monitoring order\nmonitoring order means an order under section 151 (Monitoring\norders—making) requiring a financial institution give a police officer\ninformation obtained or held by the institution about transactions\nconducted, or proposed to be conducted, by a person with the\ninstitution.\n","sortOrder":184},{"sectionNumber":"149","sectionType":"section","heading":"Monitoring orders—application","content":"149 Monitoring orders—application\n(1) A police officer may apply to a relevant court for a monitoring order.\ngrounds for suspecting that the person in relation to whom the order\nis sought—\n(a) has committed, or is about to commit, a serious offence; or\n(b) was involved in the commission, or is about to be involved in\nthe commission, of a serious offence; or\n\n(c) has derived, or is about to derive, property or a benefit from the\ncommission of a serious offence.\nNote Serious offence means an offence against a territory law or the law of the\nCommonwealth, a State or another Territory that is punishable by\nimprisonment for 5 years or longer (see s 13 (2)).\n","sortOrder":185},{"sectionNumber":"150","sectionType":"section","heading":"Monitoring orders—affidavit supporting application","content":"150 Monitoring orders—affidavit supporting application\n(1) An application for a monitoring order must be supported by an\naffidavit of the applicant police officer stating the grounds for the\nofficer’s suspicions.\n","sortOrder":186},{"sectionNumber":"151","sectionType":"section","heading":"Monitoring orders—making","content":"151 Monitoring orders—making\n(1) This section applies if an application is made under section 149\n(Monitoring orders—application) to a relevant court for a monitoring\norder requiring a financial institution to give a police officer\ninformation obtained or held by the institution about transactions\nconducted, or proposed to be conducted with the institution, by the\nperson in relation to whom the order is sought.\n(2) The relevant court must make the monitoring order sought if, having\nregard to the police officer’s affidavit supporting the application and\nany other evidence before the court, the court is satisfied that there\nare reasonable grounds for the officer’s suspicions stated in the\n(a) that it is a monitoring order under this Act; and\n(b) the financial institution to which the order applies; and\n(c) the person in relation to whom the order is made; and\n(d) the nature of the transactions to be monitored; and\n\nMonitoring orders Division 12.2\n(e) the information that the financial institution is required to give;\nand\n(f) how the information is to be given; and\n(g) the period for which the order has effect; and\n(h) that the monitoring order is a non-disclosable information order.\ndivision 12.6 (Information order offences) in relation to monitoring\norders.\n(5) The period mentioned in subsection (3) (g) must not begin earlier than\nthe day when notice of the order is given to the financial institution\nand must end not later than 3 months after the day when the order is\n(6) To remove any doubt, a relevant court may make 2 or more\nmonitoring orders (including for successive periods) in relation to the\nsame person.\n(7) The chief police officer must give a copy of a monitoring order to the\nfinancial institution to which the order applies.\n\nNote 1 For general provisions about a proceeding for a transaction suspension\n","sortOrder":187},{"sectionNumber":"152","sectionType":"section","heading":"Meaning of transaction suspension order","content":"152 Meaning of transaction suspension order\ntransaction suspension order means an order under section 155\n(Transaction suspension orders—making) requiring a financial\ninstitution, on becoming aware of a transaction (including a proposed\ntransaction) to be conducted through a stated account, to—\n(a) immediately tell a police officer about the transaction; and\n(b) delay the processing of the transaction for 48 hours after the\ninstitution becomes aware of the transaction.\naccount does not include a safe-deposit box.\n","sortOrder":188},{"sectionNumber":"153","sectionType":"section","heading":"Transaction suspension orders—application","content":"153 Transaction suspension orders—application\n(1) A police officer may apply to a relevant court for a transaction\nsuspension order.\ngrounds for suspecting that—\n(a) the person in relation to whom the order is sought—\n(i) has committed, or is about to commit, a money laundering\n(ii) was involved in the commission, or is about to be involved\nin the commission, of a money laundering offence; or\n\nTransaction suspension orders Division 12.3\n(iii) has derived, or is about to derive, property or a benefit from\nthe commission of a money laundering offence; and\n(b) the account in relation to which the order is sought is operated\nby, or under the effective control of, the person.\nNote 2 A money laundering offence includes a prescribed offence against\na law of the Commonwealth, a State or another Territory (see dict).\nNote 3 For the meaning of in relation to, see dict.\n(3) To remove any doubt, the application may be made in relation to 2 or\nmore accounts.\n","sortOrder":189},{"sectionNumber":"154","sectionType":"section","heading":"Transaction suspension orders—affidavit supporting","content":"154 Transaction suspension orders—affidavit supporting\n(1) An application for a transaction suspension order must be supported\nby an affidavit of the applicant police officer stating—\n(a) the grounds for the officer’s suspicions; and\n(b) the account in relation to which the order is sought.\n","sortOrder":190},{"sectionNumber":"155","sectionType":"section","heading":"Transaction suspension orders—making","content":"155 Transaction suspension orders—making\n(1) This section applies if an application is made under section 153\n(Transaction suspension orders—application) to a relevant court for\na transaction suspension order requiring a financial institution, on\nbecoming aware of a transaction (including a proposed transaction)\nto be conducted through the account to which the application relates,\nto—\n(a) immediately tell a police officer about the transaction; and\n(b) delay the processing of the transaction for 48 hours after the\ninstitution becomes aware of the transaction.\n\n(2) The relevant court must make the transaction suspension order sought\nif, having regard to the police officer’s affidavit supporting the\napplication and any other evidence before the court, the court is\nsatisfied that there are reasonable grounds for the officer’s suspicions\nstated in the affidavit.\n(a) that it is a transaction suspension order under this Act; and\n(b) the terms of the order; and\n(c) the financial institution to which the order applies; and\n(d) the account in relation to which the order is made; and\n(e) how notice of transactions (including proposed transactions) is\nto be given; and\n(f) the period for which the order has effect; and\n(g) that the transaction suspension order is a non-disclosable\ninformation order.\nNote 1 The disclosure of the existence or operation of a non-disclosable\nNote 2 An order cannot be made in relation to a safe-deposit box (see s 152 (2)).\ndivision 12.6 (Information order offences) in relation to transaction\nsuspension orders.\n(5) The period mentioned in subsection (3) (f) must not begin earlier than\nthe day when notice of the order is given to the financial institution\nand must end not later than 3 months after the day when the order is\n(6) To remove any doubt, a relevant court may make 2 or more\ntransaction suspension orders (including for successive periods) in\nrelation to the same account.\n\nTransaction suspension orders Division 12.3\n(7) The chief police officer must give a copy of a transaction suspension\norder to the financial institution to which the order applies.\n\n","sortOrder":191},{"sectionNumber":"Div 12","sectionType":"division","heading":"4 Production orders for property-","content":"Division 12.4 Production orders for property-\ntracking documents\nNote 1 For general provisions about a proceeding for a production order (which\n","sortOrder":192},{"sectionNumber":"156","sectionType":"section","heading":"Meaning of production order","content":"156 Meaning of production order\nproduction order means an order under section 160 (Production\norders—making) requiring a person to give a police officer any\nproperty-tracking documents in the person’s possession or control\nthat relate to the person or property (or both) stated in the order.\n","sortOrder":193},{"sectionNumber":"157","sectionType":"section","heading":"Meaning of property-tracking document","content":"157 Meaning of property-tracking document\nproperty-tracking document means—\n(a) a document relevant to identifying, locating or quantifying—\n(i) property (including tainted property and property under the\neffective control of a person) in relation to which action\nhas been or could be taken under this Act or a\ncorresponding law; or\n(ii) benefits derived by a person from the commission (or the\nalleged commission) of a relevant offence; or\n(iii) evidence in relation to property or benefits mentioned in\nsubparagraph (i) or (ii); or\n(b) a document relevant to identifying or locating a document\nnecessary for the transfer of property mentioned in\nparagraph (a) (i); or\n\nProduction orders for property-tracking documents Division 12.4\n(c) a document relevant to understanding a document mentioned in\nparagraph (a) or (b).\n","sortOrder":194},{"sectionNumber":"158","sectionType":"section","heading":"Production orders—application","content":"158 Production orders—application\n(1) A police officer may apply to a relevant court for a production order.\ngrounds for suspecting that—\n(a) someone has committed a relevant offence; and\n(b) the person against whom the order is sought has possession or\ncontrol of a property-tracking document in relation to the\nNote Relevant offence includes an offence against the law of the\nCommonwealth, a State or another Territory that may be dealt with under\na law of the Commonwealth, the State or the other Territory as an\nindictable offence (see s 13 (2)).\n","sortOrder":195},{"sectionNumber":"159","sectionType":"section","heading":"Production orders—affidavit supporting application","content":"159 Production orders—affidavit supporting application\n(1) An application for a production order must be supported by an\naffidavit of the applicant police officer stating the grounds for the\nofficer’s suspicions.\n\n","sortOrder":196},{"sectionNumber":"160","sectionType":"section","heading":"Production orders—making","content":"160 Production orders—making\n(1) This section applies if an application is made under section 158\n(Production orders—application) to a relevant court for a production\norder requiring a person to give a police officer any property-tracking\ndocuments in the person’s possession or control that relate to the\nperson or property (or both) to which the application relates.\n(2) The relevant court must make the production order sought if, having\nregard to the police officer’s affidavit supporting the application and\nany other evidence before the court, the court is satisfied that there\nare reasonable grounds for the officer’s suspicions stated in the\n(3) A production order must state—\n(a) that it is a production order under this Act; and\n(b) the person to whom the order applies; and\n(c) that the person must give to a police officer any property-\ntracking documents in the person’s possession or control that\nrelate to the person or property (or both) stated in the order; and\n(d) the place where and the time when, or the period within which,\nthe documents must to be given to a police officer; and\n(e) whether the relevant court making the order has declared that\nthe order is a non-disclosable production order.\ndivision 12.6 (Information order offences) in relation to the order.\n(5) The chief police officer must give a copy of a production order to the\nperson to whom the order applies.\n\nProduction orders for property-tracking documents Division 12.4\n","sortOrder":197},{"sectionNumber":"161","sectionType":"section","heading":"Production order proceedings—restrictions on","content":"161 Production order proceedings—restrictions on\n(1) On application by the applicant police officer, a relevant court hearing\nan application for a production order may declare that the order is a\nnon-disclosable production order.\n(2) In deciding whether to make a declaration under subsection (1), the\ncourt must have regard to whether the declaration—\ndeciding whether to make a declaration under subsection (1).\n","sortOrder":198},{"sectionNumber":"162","sectionType":"section","heading":"Production orders—variation","content":"162 Production orders—variation\n(1) This section applies if a court makes a production order requiring a\nperson to give a document to a police officer.\n(2) The person may apply to the court for an order varying the production\n(3) If the court is satisfied that a document to which the production order\nrelates is essential to the person’s lawful business activities, the court\nmay, by order, vary the production order to require the person to make\nthe document available to a police officer for inspection.\n\n","sortOrder":199},{"sectionNumber":"163","sectionType":"section","heading":"Production orders—consequential powers about","content":"163 Production orders—consequential powers about\ndocuments\n(1) If a document is given to a police officer under a production order,\nthe officer may—\n(a) take possession of, and make copies of, or take extracts from,\nthe document; and\n(b) keep the document for the period necessary for this Act.\n(2) If a police officer keeps a document given to the officer under a\nproduction order, the officer must, if asked by a person who would be\nentitled to inspect the document if it was not in the officer’s\npossession—\n(a) give the person a copy of the document certified by the officer\nin writing to be a true copy of the document; or\n(b) at any reasonable time, allow the person to inspect the\ndocument, make copies of it or take extracts from it.\n(3) If a document is made available to a police officer for inspection\nunder a production order as varied under section 162, the officer may\nmake copies of, or take extracts from, the document.\nNote 1 For general provisions about a proceeding for an examination order\nthe person to whom the notice applies or the public being present (see\ns 243).\n\n","sortOrder":200},{"sectionNumber":"Subdiv 12","sectionType":"subdivision","heading":"5.1 Preliminary","content":"Subdivision 12.5.1 Preliminary\n","sortOrder":201},{"sectionNumber":"164","sectionType":"section","heading":"Definitions for div 12.5","content":"164 Definitions for div 12.5\nassociate, of a person, includes an individual or corporation that has\na family, personal, business or other relationship with the person.\nauthorised investigator—see section 165 (1).\ninvestigation, in relation to a person, means—\n(a) an investigation of any of the following:\n(i) any property of or under the effective control of, and any\ndealings with property by, the person or an associate of the\nperson in relation to which action has been or could be\ntaken under this Act or a corresponding law;\n(ii) benefits derived by the person, or an associate of the\nperson, from the commission (or the alleged commission)\nof a relevant offence;\n(iii) the financial affairs of the person or an associate of the\nperson; or\n(b) an investigation to decide whether an application could be made\nfor an order under this Act (including another order under this\npart), a corresponding law order or a search warrant under part\n13 (Search warrants), in relation to anyone; or\n(c) an investigation to decide whether a proceeding could be begun\nagainst anyone for an offence against this Act or a corresponding\nlaw or for a money laundering offence.\nNote 3 A money laundering offence includes a prescribed offence against a law\nof the Commonwealth, a State or another Territory (see dict).\n\n","sortOrder":202},{"sectionNumber":"165","sectionType":"section","heading":"Authorised investigators","content":"165 Authorised investigators\n(1) The chief police officer may, in writing, authorise a police officer (an\nauthorised investigator) of the rank of superintendent (or higher) to\nexercise powers under this division in relation to the investigation\nstated in the authorisation.\n(2) The chief police officer may give an authorisation under\nsubsection (1) only if the chief police officer is satisfied that the\npolice officer has the necessary qualifications, expertise and\nexperience to examine people in relation to the investigation.\n(3) An authorised investigator must exercise the investigator’s functions\nunder the supervision of, and in accordance with any directions of,\nthe DPP.\n(4) For subsection (3), the authorised investigator must consult with the\nDPP about the conduct of an examination.\nSubdivision 12.5.2 Examination orders\n","sortOrder":203},{"sectionNumber":"166","sectionType":"section","heading":"Meaning of examination order","content":"166 Meaning of examination order\nexamination order means an order under section 169 (Examination\norders—making) authorising an authorised investigator to give the\nperson (or people) to whom the order applies an examination notice\nin relation to the investigation stated in the order.\n","sortOrder":204},{"sectionNumber":"167","sectionType":"section","heading":"Examination orders—application","content":"167 Examination orders—application\n(1) An authorised investigator may apply to a relevant court for an\nexamination order for the investigation for which the investigator is\nan authorised investigator.\n(2) The application must state the investigation to which the application\nrelates and the person (or people) the investigator proposes to\nexamine in relation to the investigation.\n\n(3) The application may be made only if the authorised investigator has\nreasonable grounds for suspecting that the person (or people) can give\nthe investigator information or documents, including property-\ntracking documents, (or both) in relation to the investigation for\nwhich the investigator is an authorised investigator.\n","sortOrder":205},{"sectionNumber":"168","sectionType":"section","heading":"Examination orders—affidavit supporting application","content":"168 Examination orders—affidavit supporting application\n(1) An application for an examination order must be supported by an\naffidavit of the applicant authorised investigator stating the grounds\nfor the investigator’s suspicions.\n(2) The court may require the authorised investigator to give additional\n","sortOrder":206},{"sectionNumber":"169","sectionType":"section","heading":"Examination orders—making","content":"169 Examination orders—making\n(1) This section applies if an application is made under section 167\n(Examination orders—application) to a relevant court for an\nexamination order authorising an authorised investigator to give the\nperson (or people) to whom the application relates an examination\nnotice in relation to the investigation stated in the application.\n(2) The relevant court must make the examination order if, having regard\nto the authorised investigator’s affidavit supporting the application\nand any other evidence before the court, the court is satisfied that—\n(a) the investigator is authorised under section 165 (Authorised\ninvestigators) in relation to the investigation stated in the\napplication; and\n(b) there are reasonable grounds for the investigator’s suspicions\nstated in the affidavit.\n(3) An examination order must state—\n(a) that it is an examination order under this Act; and\n(b) the person (or people) to whom the order applies; and\n\n(c) the investigation to which the order relates; and\n(d) whether the order applies to documents; and\n(e) if the order applies to documents—the kinds of documents that\na person to whom the order applies may be required to produce\nunder an examination notice; and\n(f) whether the relevant court making the order has declared that\nthe order is a non-disclosable examination order.\n","sortOrder":207},{"sectionNumber":"170","sectionType":"section","heading":"Examination order proceedings—restrictions on","content":"170 Examination order proceedings—restrictions on\n(1) On application by the applicant authorised investigator, a relevant\ncourt hearing an application for an examination order may declare\nthat the order is a non-disclosable examination order.\n(2) In deciding whether to make a declaration under subsection (1), the\ncourt must have regard to whether the declaration—\ndeciding whether to make a declaration under subsection (1).\n\nSubdivision 12.5.3 Examination notices\n","sortOrder":208},{"sectionNumber":"171","sectionType":"section","heading":"Meaning of examination notice","content":"171 Meaning of examination notice\nexamination notice means a notice by an authorised investigator\nrequiring a person to give the investigator any information or\ndocuments (or both) the person has in relation to the investigation\nstated in the notice.\nNote 2 It is an offence to contravene an examination notice, to give false or\nmisleading information in purported compliance with an examination\nnotice, or to disclose the existence or operation of the notice (see\nsdiv 12.5.5 and div 12.6).\n","sortOrder":209},{"sectionNumber":"172","sectionType":"section","heading":"Examination notices—giving","content":"172 Examination notices—giving\n(1) An authorised investigator may give an examination notice to a\nperson who is subject to an examination order for the investigation\nauthorised by the order.\n(2) The examination notice is a non-disclosable examination notice if the\nrelevant court that made the examination order to which the notice\nrelates declared that the examination order is a non-disclosable\nexamination order.\n(3) To remove any doubt, an authorised investigator may give 2 or more\nexamination notices in relation to the same investigation to the same\nperson.\n\n","sortOrder":210},{"sectionNumber":"173","sectionType":"section","heading":"Examination notices—form","content":"173 Examination notices—form\n(1) An examination notice must be signed by the authorised investigator\ngiving it.\n(a) that it is an examination notice under this Act; and\n(b) the person to whom the notice applies; and\n(c) the investigation about which the person is to be examined; and\n(d) the time when and the place where the person is required to\nattend for examination; and\n(e) whether the examination notice is a non-disclosable\nexamination notice.\nNote 1 For when an examination notice is non-disclosable, see s 172 (2).\nNote 2 The disclosure of the existence or operation of a non-disclosable\n(3) If the examination order to which the notice relates applies to\ndocuments, the notice may require the person to give the authorised\ninvestigator, at the examination, any documents (including property-\ntracking documents) of the kind stated in the order that the person has\nin relation to the investigation stated in the notice.\n(4) The notice must also include a statement setting out the effect of\nsubdivision 12.5.5 (Offences—examination notices) and\ndivision 12.6 (Information order offences) in relation to examination\nnotices.\n\nSubdivision 12.5.4 Conducting examinations\n","sortOrder":211},{"sectionNumber":"174","sectionType":"section","heading":"Time and place of examination","content":"174 Time and place of examination\n(1) The examination of a person must be conducted at the time and place\nstated in the examination notice given to the person.\n(2) However, the time and place of the examination may be changed by\nagreement between the authorised investigator and the person to\nwhom the examination notice was given or the person’s lawyer.\n","sortOrder":212},{"sectionNumber":"175","sectionType":"section","heading":"Requirements made of person examined","content":"175 Requirements made of person examined\n(1) A person to whom an examination notice applies may be examined\non oath or affirmation by the authorised investigator.\nNote For the taking of an oath or the making of an affirmation, see the Oaths\nand Affirmations Act 1984.\n(2) For subsection (1), the authorised investigator may—\n(a) require the person either to take an oath or make an affirmation;\nand\n(b) administer an oath or affirmation to the person.\n(3) The authorised investigator may require the person to answer a\nquestion that is put to the person at the examination.\n","sortOrder":213},{"sectionNumber":"176","sectionType":"section","heading":"Conduct of examination","content":"176 Conduct of examination\n(1) The examination of the person must take place in private.\n(2) The authorised investigator may give directions about who may be\npresent during the examination, or during a part of it.\n(3) The following people are entitled to be present at the examination:\n(a) the authorised investigator;\n(b) the person being examined, and the person’s lawyer;\n\n(c) anyone else who is entitled to be present because of a direction\nunder subsection (2).\n(4) The authorised investigator may arrange for a record of the\nexamination to be made.\n(5) The Evidence (Miscellaneous Provisions) Act 1991, chapter 3 (Use\nof audiovisual links and audio links) applies to an examination under\nthis division as if a reference to evidence were a reference to an\nexamination under this division and any other necessary changes\nwere made.\nNote An authorised investigator is a territory court for the Evidence\n(Miscellaneous Provisions) Act 1991, ch 3 (see s 16, defs State, Territory\ncourt and tribunal).\n","sortOrder":214},{"sectionNumber":"177","sectionType":"section","heading":"Role of the examinee’s lawyer","content":"177 Role of the examinee’s lawyer\nThe lawyer of the person being examined may, at the times during the\nexamination that the authorised investigator decides, address the\ninvestigator and examine the person about matters about which the\ninvestigator has examined (or proposes to examine) the person.\n","sortOrder":215},{"sectionNumber":"178","sectionType":"section","heading":"Examinations—consequential powers about documents","content":"178 Examinations—consequential powers about documents\n(1) If a document is given to an authorised investigator under an\nexamination notice, the investigator may—\n(a) take possession of, and make copies of, or take extracts from,\nthe document; and\n(b) keep the document for the period necessary for this Act.\n(2) If an authorised investigator keeps a document given to the\ninvestigator under an examination notice, the investigator must, if\nasked by a person who would be entitled to inspect the document if it\nwas not in the investigator’s possession—\n(a) give the person a copy of the document certified by the\ninvestigator in writing to be a true copy of the document; or\n\n(b) at any reasonable time, allow the person to inspect the\ndocument, make copies of it or take extracts from it.\n","sortOrder":216},{"sectionNumber":"179","sectionType":"section","heading":"Examinations—additional restrictions on disclosure","content":"179 Examinations—additional restrictions on disclosure\n(1) This section applies in relation to the examination of a person under\nan examination notice (other than a notice that is a non-disclosable\nexamination notice under section 172 (2) (Examination notices—\ngiving)).\nNote 1 For non-disclosable examination notices, see s 172 (2). The disclosure\nof the existence or operation of a non-disclosable examination notice is\nprohibited (see s 192).\nNote 2 The disclosure of matter relating to a direction under this section is\nprohibited (see s 185).\n(2) An authorised investigator may, on the investigator’s own initiative\nor at the request of the person being examined or the DPP, give\ndirections prohibiting or restricting the publication or disclosure of 1\nor more of the following:\n(a) the fact that an examination notice has been given to a person;\n(b) any information about the examination (whether or not an\nexamination has been held);\n(c) any information given, statement made, document produced or\nthing done during the examination;\n(d) any information, document or thing derived from anything\n(3) In deciding whether to give a direction under subsection (2), the\nauthorised investigator must have regard to whether the direction—\n\n(4) The authorised investigator may also have regard to any other\nrelevant matter in deciding whether to give a direction under\nsubsection (2).\n","sortOrder":217},{"sectionNumber":"180","sectionType":"section","heading":"Protection of authorised investigator etc","content":"180 Protection of authorised investigator etc\n(1) An authorised investigator has, in exercising functions as an\nauthorised investigator, the same protection and immunity as a judge.\n(2) A lawyer appearing at the examination on behalf of the person being\nexamined has the same protection and immunity as a barrister has in\nappearing for a party in a proceeding in the Supreme Court.\n(3) A person being examined under this division—\n(a) has the same protection as a witness in a proceeding in the\nSupreme Court; and\n(b) in addition to the penalties provided by this Act, is subject to the\nsame liabilities as a witness in a proceeding in the Supreme\nCourt.\nSubdivision 12.5.5 Offences—examination notices\nNote For other applicable offences, see div 12.6 (Information order offences).\n","sortOrder":218},{"sectionNumber":"181","sectionType":"section","heading":"Obstruction etc of authorised investigator","content":"181 Obstruction etc of authorised investigator\n(a) the person knows that, or is reckless about the fact that, a person\nis an authorised investigator; and\n(b) the person obstructs, hinders, intimidates or resists the\ninvestigator in the exercise of the investigator’s functions.\n(2) Strict liability applies to subsection (1) (b).\n\n","sortOrder":219},{"sectionNumber":"182","sectionType":"section","heading":"Failing to attend examination","content":"182 Failing to attend examination\n(1) A person commits an offence if the person is required by an\nexamination notice to attend an examination and the person fails to\nattend the examination at—\n(a) the time and place stated in the notice; or\n(b) the time and place as changed under section 174 (2) (Time and\nplace of examination).\n(2) An offence against this section is a strict liability offence.\n","sortOrder":220},{"sectionNumber":"183","sectionType":"section","heading":"Offences relating to appearance at examination","content":"183 Offences relating to appearance at examination\n(1) A person who is required by an examination notice to attend an\nexamination commits an offence if, during the examination, the\nperson—\n(a) fails to be sworn or to make an affirmation that the authorised\ninvestigator requires the person to swear or make; or\n(b) fails to answer a question that the authorised investigator\nrequires the person to answer; or\n(c) fails to produce a document that the person is required under the\nexamination notice to produce at the examination; or\n(d) leaves the examination before being excused by the authorised\ninvestigator.\n(2) However, subsection (1) (c) does not apply if the person complied\nwith the notice in relation to production of a document (if any) to the\nextent that it was practicable to do so.\n(3) An offence against this section is a strict liability offence.\n\n","sortOrder":221},{"sectionNumber":"184","sectionType":"section","heading":"Unauthorised presence at an examination","content":"184 Unauthorised presence at an examination\n(1) A person commits an offence if the person—\n(a) is present at an examination; and\n(b) is not entitled under section 176 (3) (Conduct of examination)\nto be present.\n(2) An offence against this section is a strict liability offence.\n","sortOrder":222},{"sectionNumber":"185","sectionType":"section","heading":"Examinations—additional disclosure offences","content":"185 Examinations—additional disclosure offences\nNote An offence against this section is a strict liability offence, see s (7).\nsection 179 (2) (Examinations—additional restrictions on\ndisclosure) prohibiting or restricting the publication or\ncopy of the direction or otherwise); and\nsection 179 (2) prohibiting or restricting the publication or\ncopy of the direction or otherwise); and\n\nand\nleave, must be heard in closed court, see s (8).\n\nsection 179 (2) (Examinations—additional restrictions on\ndisclosure) prohibiting or restricting the publication or\nsection 179 (2) prohibiting or restricting the publication or\nand\n\n","sortOrder":223},{"sectionNumber":"186","sectionType":"section","heading":"Meaning of information order","content":"186 Meaning of information order\ninformation order means—\n(a) an inquiry notice; or\n(b) a monitoring order; or\n(c) a transaction suspension order; or\n(d) a production order; or\n(e) an examination order; or\n(f) an examination notice.\n","sortOrder":224},{"sectionNumber":"187","sectionType":"section","heading":"Information orders—failure to comply","content":"187 Information orders—failure to comply\n(a) the person is given an information order (other than an\nexamination notice); and\n(b) the person fails to comply with the order.\nNote For contravention of an examination notice, see s 182.\n\n","sortOrder":225},{"sectionNumber":"188","sectionType":"section","heading":"Information orders—false or misleading information","content":"188 Information orders—false or misleading information\n(a) the person gives information to a police officer; and\n(b) the person does so knowing that the information—\n(ii) omits something that makes the information false or\n(c) the information is given in compliance (or purported\ncompliance) with an information order.\n(2) Subsection (1) (c) does not apply if, before the information was given\nby the person to the police officer, a police officer did not take\nreasonable steps to tell the person of the existence of the offence\nagainst subsection (1).\n(3) For subsection (2), it is sufficient if the following form of words is\nused:\n‘Giving false or misleading information is an offence with serious\nconsequences’.\n","sortOrder":226},{"sectionNumber":"189","sectionType":"section","heading":"Information orders—false or misleading documents","content":"189 Information orders—false or misleading documents\n(a) the person produces a document to a police officer (including an\nauthorised investigator); and\n(b) the person does so knowing that the document is false or\n\n(c) the document is produced in compliance (or purported\ncompliance) with an information order.\n(2) Subsection (1) does not apply to a person who produces a document\nto a police officer if the document is accompanied by a written\nstatement signed by the person (or, for a corporation, by an officer of\nthe corporation)—\n(a) stating that the document is, to the person’s knowledge, false or\n(b) setting out, or referring to, the material particular in which the\ndocument is, to the person’s knowledge, false or misleading.\n","sortOrder":227},{"sectionNumber":"190","sectionType":"section","heading":"Destruction etc of documents","content":"190 Destruction etc of documents\n(a) the person is given—\n(i) a production order for a property-tracking document; or\n(ii) an examination notice that requires the person to produce\na document at an examination; and\n(b) the person intentionally destroys, damages, changes or\notherwise interferes with the document.\nMaximum penalty: 500 penalty units, imprisonment for 5 years or\n(a) the person is given—\n(i) a production order for a property-tracking document; or\n(ii) an examination notice that requires the person to produce\na document at an examination; and\n\n(b) the person destroys, damages, changes or otherwise interferes\nwith the document.\n(3) An offence against subsection (2) a strict liability offence.\n(4) An offence against subsection (2) is declared to be a relevant offence.\n","sortOrder":228},{"sectionNumber":"191","sectionType":"section","heading":"Meaning of non-disclosable information order","content":"191 Meaning of non-disclosable information order\nnon-disclosable information order means any of the following\ninformation orders:\n(a) an inquiry notice;\n(b) a monitoring order;\n(c) a transaction suspension order;\n(d) a production order that is declared under section 161 (1)\n(Production order proceedings—restrictions on disclosure) to be\na non-disclosable production order;\n(e) an examination order that is declared under section 170 (1)\n(Examination order proceedings—restrictions on disclosure) to\nbe a non-disclosable examination order;\n(f) an examination notice that is a non-disclosable examination\nnotice under section 172 (2) (Examination notices—giving).\n\n","sortOrder":229},{"sectionNumber":"192","sectionType":"section","heading":"Information orders—disclosure offences","content":"192 Information orders—disclosure offences\n(1) A person commits an offence if the person publishes or discloses the\nexistence or operation of a non-disclosable information order to\nsomeone else.\n(a) the person publishes or discloses information to someone else;\nand\n(b) the other person could infer from the information the existence\nor operation of a non-disclosable information order.\nor disclosure is made is given notice of the offences against this\nsection by the person making the publication or disclosure;\nleave, must be heard in closed court (see s (8)).\n\n(a) the person receives information in relation to a non-disclosable\ninformation order in accordance with subsection (3) or (4); and\n(b) the person ceases to be a person mentioned in subsection (3)\n(c) the person publishes or discloses the existence or operation of\nthe order to someone else.\n(a) the person receives information in relation to a non-disclosable\ninformation order in accordance with subsection (3) or (4); and\n(b) the person ceases to be a person mentioned in subsection (3)\nand\n(d) the other person could infer from the information the existence\nor operation of the order.\n\n","sortOrder":230},{"sectionNumber":"193","sectionType":"section","heading":"Information orders—disclosure by police officers","content":"193 Information orders—disclosure by police officers\n(1) This section applies to a non-disclosable information order.\n(2) A police officer may disclose the existence or operation of the order\nfor the purposes of, or in the course of, a legal proceeding.\nNote A police officer may also disclose the existence or operation of the order\nin the exercise of the officer’s functions (see s 192 (4) (b)).\n(3) However, a police officer is not required to disclose to a court the\nexistence or operation of the order.\ndisclosure, of the existence or operation of the order, includes the\ndisclosure of information to a person from which the person could\nreasonably infer the existence or operation of the order.\n","sortOrder":231},{"sectionNumber":"194","sectionType":"section","heading":"Information orders—protection of complying financial","content":"194 Information orders—protection of complying financial\ninstitutions\n(1) This section applies to a financial institution, and to an officer,\nemployee or agent of the institution, if—\n(a) the institution complies with an information order; and\n(b) information given under the order relates to a money laundering\n(2) The institution or person is taken not to have been at any time in\npossession of the information given under the order.\n\n","sortOrder":232},{"sectionNumber":"195","sectionType":"section","heading":"Definitions for pt 13","content":"195 Definitions for pt 13\nat includes in or on.\ndata includes—\n(a) information in any form; and\n(b) any program (or part of a program).\ndata storage device means a thing containing, or designed to contain,\ndata for use by a computer.\nexecuting police officer, of a search warrant, means—\n(a) the police officer (the first police officer) named in the warrant\nas the police officer responsible for executing the warrant; or\n(b) if the first police officer does not intend to be present at the\nexecution of the warrant—another police officer whose name\nhas been written in the warrant by the first police officer; or\n(c) another police officer whose name has been written in the\nwarrant by the police officer last named in the warrant.\nfrisk search means—\n(a) a search of a person conducted by quickly running the hands\nover the person’s outer garments; and\n(b) an examination of anything worn or carried by the person that is\nconveniently and voluntarily removed by the person.\n\nPreliminary Division 13.1\nissuing officer, for a search warrant, means—\n(a) a judge, the registrar or a deputy registrar of the Supreme Court;\nor\n(b) a magistrate; or\n(c) the registrar or a deputy registrar of the Magistrates Court if\nauthorised by the Chief Magistrate to issue search warrants\nunder this part.\noccupier, of premises, includes—\n(a) a person believed, on reasonable grounds, to be an occupier of\nthe premises; and\n(b) a person apparently in charge of the premises.\nordinary search means a search of a person or of articles in a person’s\npossession, which may include—\n(a) requiring the person to remove the person’s overcoat, coat or\njacket and any gloves, shoes or hat; and\n(b) an examination of those items.\nperson assisting, in relation to a search warrant, means a person who\nhas been authorised by an executing police officer to assist in\nexecuting the warrant.\npremises includes the following:\n(a) land (whether vacant or occupied);\n(b) any structure, building, vehicle or place (whether built or not);\n(c) any part of a structure, building, vehicle or place.\nsearch warrant means a warrant issued under section 199 (Issuing\nsearch warrants) that is in force.\n\ntarget material means—\n(a) property (including tainted property and property under the\neffective control of a person) in relation to which action has been\nor could be taken under this Act; or\n(b) benefits derived by a person from the commission of a relevant\n(c) evidence in relation to property or benefits mentioned in\nparagraph (a) or (b); or\n(d) evidence in relation to a relevant offence.\nvehicle includes an aircraft or vessel.\n","sortOrder":233},{"sectionNumber":"196","sectionType":"section","heading":"Applications for search warrants—general","content":"196 Applications for search warrants—general\n(1) A police officer may apply to an issuing officer for a search warrant\nto enter premises.\n(2) The application must be sworn and state the grounds on which the\nwarrant is sought.\n(3) The issuing officer may refuse to consider the application until the\napplicant police officer gives the issuing officer all the information\nthe issuing officer requires about the application in the way the\nissuing officer requires.\n\nSearch warrants—general Division 13.2\n","sortOrder":234},{"sectionNumber":"197","sectionType":"section","heading":"Offence for making false etc statements in search warrant","content":"197 Offence for making false etc statements in search warrant\napplications\nA police officer commits an offence if—\n(a) the police officer makes a statement (whether orally, in a\ndocument or in any other way); and\n(b) the police officer does so knowing that the statement—\n(ii) omits something that makes the statement false or\n(c) the statement is made to an issuing officer in relation to an\napplication for a search warrant.\n","sortOrder":235},{"sectionNumber":"198","sectionType":"section","heading":"Additional contents of search warrant applications","content":"198 Additional contents of search warrant applications\n(1) If the person applying for a search warrant suspects that it will be\nnecessary to use firearms in executing the warrant, the person must\nstate the suspicion, and the grounds for the suspicion, in the\n(2) If a person applying for a warrant to search premises has previously\napplied for a warrant for the same premises, the person must, in the\napplication, include particulars of the earlier application and its\noutcome.\n\n","sortOrder":236},{"sectionNumber":"199","sectionType":"section","heading":"Issuing search warrants","content":"199 Issuing search warrants\n(1) An issuing officer may issue a warrant to search premises if satisfied\nthat there are reasonable grounds for suspecting that there is at the\npremises, or will be within the next 72 hours, target material.\nNote At includes in or on (see s 195).\n(2) If an application for a search warrant is made under section 203\n(Applying for search warrants by telephone or other electronic\nmeans), this section applies as if the reference in subsection (1) to 72\nhours were a reference to 48 hours.\n","sortOrder":237},{"sectionNumber":"200","sectionType":"section","heading":"When search warrant for property-tracking document","content":"200 When search warrant for property-tracking document\nmay be issued\nIf the target material in relation to which a search warrant is being\nissued is a property-tracking document, the issuing officer may issue\na search warrant in relation to the document only if the issuing officer\n(a) the document cannot be identified or described with sufficient\nparticularity for the purpose of obtaining a production order; or\n(b) a production order requiring the document has been given but\nnot complied with; or\n(c) there are reasonable grounds to suspect that a production order\nwould not be complied with; or\n(d) the investigation to which the warrant is being sought might be\nprejudiced by seeking a production order.\n","sortOrder":238},{"sectionNumber":"201","sectionType":"section","heading":"Contents of search warrants","content":"201 Contents of search warrants\n(1) A search warrant must state—\n(a) the kind of target material that is to be searched for under the\nwarrant; and\n(b) a description of the premises to which the warrant relates; and\n\nSearch warrants—general Division 13.2\n(c) the name of the executing police officer; and\n(d) when the warrant expires (see subsection (2)); and\n(e) whether the warrant may be executed at any time or only during\nparticular hours (see 210); and\n(f) whether the warrant authorises an ordinary search or frisk search\nof a person who is at or near the premises when the warrant is\nexecuted if the executing police officer or a person assisting\nsuspects on reasonable grounds that the person has target\nmaterial in the person’s possession.\n(2) The time stated in the search warrant under subsection (1) (d) as the\ntime when the warrant expires must be not later than—\n(a) if the application for the warrant is made under section 204\n(Issuing search warrants by telephone or other electronic\nmeans)—48 hours after the warrant is issued; or\n(b) in any other case—the end of the 7th day after the day the\nwarrant is issued.\nIf a warrant is issued at 3 pm on a Monday, the expiry time stated must not be later\nthan midnight on Monday in the following week.\n(3) Subsection (1) (d) does not prevent the issue of successive search\nwarrants in relation to the same premises.\n","sortOrder":239},{"sectionNumber":"202","sectionType":"section","heading":"Authorisation given by search warrants","content":"202 Authorisation given by search warrants\n(1) A search warrant authorises an executing police officer, or a person\nassisting—\n(a) to enter the premises and, if the premises are a vehicle, to enter\nthe vehicle, wherever it is; and\n(b) to search the premises for the kind of target material stated in\nthe warrant, and to seize things of that kind found at the\npremises; and\n\n(c) to seize any other thing found at the premises in the course of\nthe search that the executing police officer or a person assisting\nbelieves on reasonable grounds to be target material in relation\nto which the warrant relates (including evidence of a relevant\noffence) or evidence of a summary offence if the police officer\nbelieves on reasonable grounds that seizure of the thing is\nnecessary to prevent its concealment, loss or destruction or its\nuse in committing an offence; and\n(d) if the warrant allows—to conduct an ordinary search or frisk\nsearch of a person at or near the premises if the executing police\nofficer or a person assisting suspects on reasonable grounds that\nthe person has target material in the person’s possession.\n(2) A search warrant authorises an executing police officer to make\nthings seized under the warrant available to another police officer,\nany public servant or anyone who holds a position under a territory\nlaw, or a law of the Commonwealth, a State or another Territory, if it\nis necessary to do so for investigating or prosecuting an offence to\nwhich the things relate.\n","sortOrder":240},{"sectionNumber":"203","sectionType":"section","heading":"Applying for search warrants by telephone or other","content":"203 Applying for search warrants by telephone or other\nelectronic means\n(1) A police officer may apply to an issuing officer for a search warrant\nby telephone, fax or other electronic means—\n(a) in an urgent case; or\n(b) if the delay that would happen if an application were made in\nperson would frustrate the effective execution of the warrant.\n(2) The application—\n(a) must include all information that would be required in an\napplication under division 13.2 (Search warrants—general) for\na search warrant; and\n\nTelephone and electronic warrants Division 13.3\n(b) may, if necessary, be made before the information is sworn.\n(3) The issuing officer may require—\n(a) communication by voice to the extent that it is practicable in the\ncircumstances; and\n(b) any further information.\n","sortOrder":241},{"sectionNumber":"204","sectionType":"section","heading":"Issuing search warrants by telephone or other electronic","content":"204 Issuing search warrants by telephone or other electronic\nmeans\n(1) The issuing officer may complete and sign the same form of search\nwarrant that would be issued under section 199 (Issuing search\nwarrants) if satisfied that—\n(a) a search warrant in the terms of the application should be issued\nurgently; or\n(b) the delay that would happen if an application were made in\nperson would frustrate the effective execution of the warrant.\n(2) If the issuing officer issues the search warrant, the officer must tell\nthe applicant, by telephone, fax or other electronic means, of the terms\nof the warrant and the date and time when it was signed.\n(3) The applicant must then—\n(a) complete a form of search warrant in terms substantially\ncorresponding to those given by the issuing officer; and\n(b) state on the form—\n(i) the name of the issuing officer; and\n(ii) the date and time the warrant was signed by the issuing\nofficer.\n(4) The applicant must, by the end of the day after the 1st of the relevant\nevents happens, give the issuing officer—\n(a) the form of search warrant completed by the applicant; and\n\n(b) if the information was unsworn under section 203 (2) (b)\n(Applying for search warrants by telephone or other electronic\nmeans)—the sworn information.\n(5) The issuing officer must attach the form of search warrant completed\nby the issuing officer to the documents given under subsection (4).\n(6) In subsection (4):\nrelevant event means the day when—\n(a) the warrant is executed; or\n(b) the warrant expires.\n","sortOrder":242},{"sectionNumber":"205","sectionType":"section","heading":"Unsigned warrants by telephone or other electronic","content":"205 Unsigned warrants by telephone or other electronic\nmeans in court proceedings\n(a) it is material, in any proceeding, for a court to be satisfied that\nthe exercise of a power under a search warrant issued under this\ndivision was properly authorised; and\n(b) the form of search warrant signed by the issuing officer is not\nproduced in evidence.\n(2) The court must assume that the exercise of the power was not properly\nauthorised unless the contrary is proved.\n","sortOrder":243},{"sectionNumber":"206","sectionType":"section","heading":"Offence for stating incorrect names in warrants by","content":"206 Offence for stating incorrect names in warrants by\ntelephone or other electronic means\n\nTelephone and electronic warrants Division 13.3\n(c) the person states a name of an issuing officer in the document;\nand\n(d) the name is not the name of the issuing officer that authorised\nthe warrant.\n","sortOrder":244},{"sectionNumber":"207","sectionType":"section","heading":"Offence for execution etc of search warrant departing in","content":"207 Offence for execution etc of search warrant departing in\nmaterial form\n(c) the document departs in a material particular from the form\nauthorised by the issuing officer.\n","sortOrder":245},{"sectionNumber":"208","sectionType":"section","heading":"Offence for execution etc of unauthorised form of search","content":"208 Offence for execution etc of unauthorised form of search\nwarrant\n\n(c) the document—\n(i) has not been authorised by an issuing officer under that\nsection; or\n(ii) departs in a material particular from the terms authorised\nby the issuing officer under that section.\n","sortOrder":246},{"sectionNumber":"209","sectionType":"section","heading":"Offence for giving unauthorised form of search warrant","content":"209 Offence for giving unauthorised form of search warrant\n(a) the person purports to give a form of search warrant to an issuing\nofficer under section 204 (4) (b) (Issuing search warrants by\ntelephone or other electronic means); and\n(b) the document is not the form of search warrant that the person\nexecuted.\n\nNote A court has a discretion to admit improperly obtained evidence (see\nEvidence Act 2011, s 138).\n","sortOrder":247},{"sectionNumber":"210","sectionType":"section","heading":"Search warrants—whether must be executed only during","content":"210 Search warrants—whether must be executed only during\nparticular hours\nA search warrant must not authorise a search during the period\nbeginning at 9 pm on a day and ending at 6 am on the next day unless\nthe issuing officer is satisfied that—\n(a) it would not be practicable to conduct the search at another time;\nor\n(b) it is necessary to prevent the concealment, loss or destruction of\ntarget material.\n","sortOrder":248},{"sectionNumber":"211","sectionType":"section","heading":"Search warrants—restrictions on personal searches","content":"211 Search warrants—restrictions on personal searches\n(1) A search warrant cannot authorise a strip search or a search of a\nperson’s body cavities.\n(2) If a search warrant authorises an ordinary search or frisk search of a\nperson—\n(a) a different search from the search authorised must not be done\nunder the warrant; and\n(b) the search must be conducted by a person of the same sex as the\nperson being searched.\n(3) However, if a transgender or intersex person is searched, the person\nmay require that the search be conducted by either a male or a female.\n(4) If the transgender or intersex person requires that the search be\nconducted by a male, the person is taken, for this section, to be male.\n(5) If the transgender or intersex person requires that the search be\nconducted by a female, the person is taken, for this section, to be\nfemale.\n\n(6) A person assisting who is not a police officer must not take part in\nsearching a person.\n(7) In this section:\nstrip search means a search of a person or of articles in the possession\nof a person, which may include 1 or more of the following:\n(a) requiring the person to remove all of the person’s clothing;\n(b) an examination of the person’s body (but not of the person’s\nbody cavities) and of those clothes.\n","sortOrder":249},{"sectionNumber":"212","sectionType":"section","heading":"Use of force and availability of assistance in executing","content":"212 Use of force and availability of assistance in executing\nsearch warrant\n(1) Force may be used in executing a search warrant as follows:\n(a) by an executing police officer—force against people and things\nmay be used that is necessary and reasonable in the\ncircumstances;\n(b) by a person assisting who is a police officer—force against\npeople and things may be used that is necessary and reasonable\nin the circumstances;\n(c) by a person assisting who is not a police officer—force against\nthings may be used that is necessary and reasonable in the\ncircumstances.\n(2) An executing police officer may obtain the assistance in executing the\nwarrant that is necessary and reasonable in the circumstances.\n\n","sortOrder":250},{"sectionNumber":"213","sectionType":"section","heading":"Search warrants—announcement before entry","content":"213 Search warrants—announcement before entry\n(1) An executing police officer must, before anyone enters premises\nunder a search warrant—\n(a) announce that the person is authorised to enter the premises; and\n(b) give anyone at the premises an opportunity to allow entry to the\npremises; and\n(c) if the occupier of the premises, or someone else who apparently\nrepresents the occupier, is present at the premises—identify\nthemself to that person.\n(2) The executing police officer is not required to comply with\nsubsection (1) if the police officer believes on reasonable grounds\nthat immediate entry to the premises is required to ensure—\n(a) the safety of anyone (including any police officer or person\nassisting); or\n(b) that the effective execution of the warrant is not frustrated.\n","sortOrder":251},{"sectionNumber":"214","sectionType":"section","heading":"Details of search warrant to be given to occupier etc","content":"214 Details of search warrant to be given to occupier etc\n(1) If the occupier of the premises, or someone else who apparently\nrepresents the occupier, is present at the premises while a search\nwarrant is being executed, the executing police officer or a person\nassisting must make available to the person—\n(a) a copy of the warrant; and\n(b) a document setting out the rights and obligations of the person.\n(2) Before a person is searched under a search warrant, the executing\npolice officer or a person assisting must show the person a copy of\nthe warrant.\n(3) The copy of the warrant need not include the issuing officer’s\nsignature or the seal or stamp of the court in which the issuing officer\nholds office or is employed.\n\n","sortOrder":252},{"sectionNumber":"215","sectionType":"section","heading":"Occupier entitled to be present during search etc","content":"215 Occupier entitled to be present during search etc\n(1) If an occupier of premises, or someone else who apparently represents\nthe occupier, is present at the premises while a search warrant is being\nexecuted, the occupier or person is entitled to observe the search\nbeing conducted.\n(2) However, the person is not entitled to observe the search if—\n(a) to do so would impede the search; or\n(b) the person is under arrest, and allowing the person to observe\nthe search being conducted would interfere with the objectives\nof the search.\n(3) This section does not prevent 2 or more areas of the premises being\nsearched at the same time.\n","sortOrder":253},{"sectionNumber":"216","sectionType":"section","heading":"Particular powers available to officers executing search","content":"216 Particular powers available to officers executing search\nwarrant\n(1) In executing a search warrant, the executing police officer or a person\nassisting may take photographs (including video recordings) of the\npremises or of people or things at the premises—\n(a) for a purpose incidental to the execution of the warrant; or\n(b) if the occupier of the premises consents in writing.\n(2) The executing police officer and a person assisting may complete the\nexecution of a search warrant only if the warrant is in force, after all\nof them temporarily leave the premises—\n(a) for not more than 1 hour; or\n(b) for a longer period if the occupier of the premises consents in\nwriting.\n(3) The execution of a search warrant may be completed if—\n(a) the execution is stopped by an order of a court; and\n\n(b) the order is later reversed or set aside on appeal; and\n(c) the warrant is still in force.\n","sortOrder":254},{"sectionNumber":"217","sectionType":"section","heading":"Use of equipment to examine or process things","content":"217 Use of equipment to examine or process things\n(1) The executing police officer, or a person assisting, for a search\nwarrant may bring into or onto the premises any equipment\nreasonably necessary to examine or process a thing found at the\npremises to decide whether it may be seized under the warrant.\n(2) The executing police officer or a person assisting may operate\nequipment already at the premises to carry out an examination or\nprocessing if the officer believes on reasonable grounds that—\n(a) the equipment is suitable; and\n(b) the examination or processing may be carried out without\ndamaging the equipment or thing.\n","sortOrder":255},{"sectionNumber":"218","sectionType":"section","heading":"Moving things to another place for examination or","content":"218 Moving things to another place for examination or\nprocessing\n(1) A thing found at the premises may be moved to another place for\nexamination or processing to decide whether it may be seized under\na search warrant if—\n(a) both of the following subparagraphs apply:\n(i) there are reasonable grounds for believing that the thing is\nor contains target material;\n(ii) it is significantly more practicable to do so having regard\nto the timeliness and cost of examining or processing the\nthing at another place and the availability of expert\nassistance; or\n(b) the occupier of the premises consents in writing.\n(2) The thing may be moved to another place for examination or\nprocessing for no longer than 72 hours.\n\n(3) An executing police officer may apply to an issuing officer for an\nextension of that time if the executing police officer believes on\nreasonable grounds that the thing cannot be examined or processed\nwithin 72 hours.\n(4) The executing police officer must give notice of the application to the\noccupier of premises, and the occupier is entitled to be heard on the\n(5) If a thing is moved to another place under this section, the executing\npolice officer must, if practicable—\n(a) tell the occupier of the address of the place, and when, the\nexamination or processing will be carried out; and\n(b) allow the occupier or the occupier’s representative to be present\nduring the examination or processing.\n(6) The provisions of this part relating to the issue of search warrants\napply, with any necessary changes, to the giving of an extension\n","sortOrder":256},{"sectionNumber":"219","sectionType":"section","heading":"Use of electronic equipment at premises","content":"219 Use of electronic equipment at premises\n(1) An executing police officer or a person assisting may operate\nelectronic equipment at the premises to access data (including data\nnot held at the premises) if the officer or person believes on\nreasonable grounds that—\n(a) the data might be target material; and\n(b) the equipment can be operated without damaging it.\nNote An executing police officer may obtain an order requiring a person with\nknowledge of a computer or computer system to provide assistance (see\ns 220).\n\n(2) If the executing police officer or person assisting believes that any\ndata accessed by operating the electronic equipment might be target\nmaterial, the officer or person may—\n(a) copy the data to a data storage device brought to the premises;\nor\n(b) if the occupier of the premises agrees in writing—copy the data\nto a data storage device at the premises.\n(3) The executing police officer or person assisting may take the device\nfrom the premises.\n(4) The executing police officer, or a person assisting who is a police\nofficer, may do the following things if the officer or person finds that\nany target material is accessible using the equipment:\n(a) seize the equipment and any data storage device;\n(b) if the material can, by using facilities at the premises, be put in\ndocumentary form—operate the facilities to put the material in\nthat form and seize the documents so produced.\n(5) A police officer may seize equipment under subsection (4) (a) only\nif—\n(a) it is not practicable to copy the data as mentioned in\nsubsection (2) or to put the material in documentary form as\nmentioned in subsection (4) (b); or\n(b) possession of the equipment by the occupier could be an\n\n","sortOrder":257},{"sectionNumber":"220","sectionType":"section","heading":"Person with knowledge of computer or computer system","content":"220 Person with knowledge of computer or computer system\nto assist access etc\n(1) An executing police officer may apply to an issuing officer for an\norder requiring a stated person to provide any information or\nassistance that is reasonably necessary to allow the executing police\nofficer or a person assisting to do 1 or more of the following:\n(a) access data held in or accessible from a computer that is on the\npremises;\n(b) copy the data to a data storage device;\n(c) convert the data into documentary form.\n(2) The issuing officer may make an order if satisfied that—\n(a) there are reasonable grounds for suspecting that target material\nis accessible from the computer; and\n(b) the stated person is—\n(i) reasonably suspected of possessing, or having under the\nperson’s control, target material of the kind stated in the\nsearch warrant; or\n(ii) the owner or lessee of the computer; or\n(iii) an employee of the owner or lessee of the computer; and\n(c) the stated person has knowledge of—\n(i) the computer or a computer network of which the computer\nforms a part; or\n(ii) measures applied to protect data held in or accessible from\nthe computer.\n(3) A person commits an offence if a person contravenes an order under\n\n(4) The provisions of this part relating to the issue of search warrants\napply, with any necessary changes, to the giving of an order under\n","sortOrder":258},{"sectionNumber":"221","sectionType":"section","heading":"Securing electronic equipment","content":"221 Securing electronic equipment\n(1) If the executing police officer or a person assisting believes on\nreasonable grounds that—\n(a) target material may be accessible by operating electronic\nequipment at the premises; and\n(b) expert assistance is required to operate the equipment; and\n(c) if the officer or person does not take action, the material may be\ndestroyed, altered or otherwise interfered with;\nthe officer or person may do whatever is necessary to secure the\nequipment, whether by locking it up, placing a guard or otherwise.\n(2) The executing police officer or a person assisting must give written\nnotice to the occupier of the premises of—\n(a) the officer’s or person’s intention to secure the equipment; and\n(b) the fact that the equipment may be secured for up to 24 hours.\n(3) The equipment may be secured until the earliest of the following\nevents happens:\n(a) the end of 24 hours;\n(b) the equipment is operated by the expert.\n(4) If the executing police officer or a person assisting believes on\nreasonable grounds that the expert assistance will not be available\nwithin 24 hours, the officer or person may apply to the issuing officer\nto extend the period.\n\n(5) The executing police officer or a person assisting must tell the\noccupier of the premises of the officer’s or person’s intention to apply\nfor an extension, and the occupier is entitled to be heard on the\n(6) The provisions of this part relating to the issue of search warrants\napply, with any necessary changes, to the giving of an extension\n","sortOrder":259},{"sectionNumber":"222","sectionType":"section","heading":"Copies of seized things to be provided","content":"222 Copies of seized things to be provided\n(1) If the occupier of the premises, or someone else who apparently\nrepresents the occupier, is present at the premises while a search\nwarrant is executed, the occupier or other person may ask a police\nofficer who seizes—\n(a) a document, film, computer file or other thing that can be readily\ncopied; or\n(b) a data storage device in which the information can be readily\ncopied;\nto give the occupier or other person a copy of the thing or the\ninformation.\n(2) The police officer must do so as soon as practicable after the seizure.\n(3) However, the police officer is not required to do so if—\n(a) the thing was seized under section 219 (Use of electronic\nequipment at premises); or\n(b) possession by the occupier of the thing or information could be\nan offence.\n\nStopping and searching vehicles Division 13.5\n","sortOrder":260},{"sectionNumber":"223","sectionType":"section","heading":"Providing documents after execution of search warrant","content":"223 Providing documents after execution of search warrant\nDocuments are taken to have been seized under a search warrant if—\n(a) the documents were at, or accessible from, the premises of a\nfinancial institution when a search warrant in relation to the\npremises was executed; and\n(b) the documents could not be found at that time; and\n(c) the financial institution provides them to the executing police\nofficer as soon as practicable after the execution of the warrant.\n","sortOrder":261},{"sectionNumber":"224","sectionType":"section","heading":"Searches of vehicles without search warrant in","content":"224 Searches of vehicles without search warrant in\nemergency situations\n(1) This section applies if a police officer believes, on reasonable\ngrounds, that—\n(a) a thing that is target material is in or on a vehicle; and\n(b) it is necessary to exercise a power under subsection (2) to\nprevent the thing from being concealed, lost or destroyed; and\n(c) it is necessary to exercise the power without the authority of a\nsearch warrant because the circumstances are serious and\nurgent.\n(2) If this section applies, the police officer may—\n(a) stop and detain the vehicle; and\n(b) search the vehicle, and any container in or on the vehicle, for the\nthing; and\n(c) seize the thing if the officer finds it.\n\n(3) If, in the course of searching for the thing, the police officer finds\nsomething else that is target material, the police officer may seize that\nthing if the officer suspects, on reasonable grounds, that—\n(a) it is necessary to seize it to prevent its concealment, loss or\ndestruction; and\n(b) it is necessary to seize it without the authority of a search\nwarrant because the circumstances are serious and urgent.\n(4) The police officer must exercise the police officer’s powers subject\nto section 225.\n","sortOrder":262},{"sectionNumber":"225","sectionType":"section","heading":"How police officer exercises powers under s 224","content":"225 How police officer exercises powers under s 224\nWhen a police officer exercises a power under section 224 (Searches\nof vehicles without search warrant in emergency situations) in\nrelation to a vehicle, the police officer—\n(a) may use the assistance that is necessary and reasonable; and\n(b) must search the vehicle in a public place or in some other place\nto which members of the public have ready access; and\n(c) must not detain the vehicle for longer than is necessary and\nreasonable to search it and any container in or on the vehicle;\nand\n(d) may use the force that is necessary and reasonable in the\ncircumstances, but must not damage the vehicle, or any\ncontainer in or on the vehicle, by forcing open a part of the\nvehicle or container unless—\n(i) the person (if any) apparently in charge of the vehicle has\nbeen given a reasonable opportunity to open that part or\ncontainer; or\n(ii) it is not possible to give that person such an opportunity.\n\nSearch warrants—things seized Division 13.6\n","sortOrder":263},{"sectionNumber":"226","sectionType":"section","heading":"Receipts for things seized under search warrants","content":"226 Receipts for things seized under search warrants\n(a) a thing seized under a search warrant; or\n(b) a thing moved under section 218 (1) (Moving things to another\nplace for examination or processing); or\n(c) a thing seized under section 224 (Searches of vehicles without\nsearch warrant in emergency situations).\n(2) As soon as practicable after a thing is seized under this part by the\nexecuting police officer or a person assisting, the officer or person\nmust give a receipt for it to the person from whom it was seized.\n(3) If, for any reason, it is not practicable to comply with subsection (2),\nthe executing police officer or person assisting must leave the receipt,\nsecured conspicuously, at the place of seizure.\n(4) A receipt under this section must include—\n(a) a description of the thing seized; and\n(b) if the thing is moved under section 218 (1)—where the thing is\nto be taken to.\n(5) A single receipt may be given for 2 or more things.\n","sortOrder":264},{"sectionNumber":"227","sectionType":"section","heading":"Keeping seized things under search warrants","content":"227 Keeping seized things under search warrants\n(1) This section applies to a police officer in relation to a thing seized\nunder this part if—\n(a) the reason for the thing’s seizure no longer exists or it is decided\nthat the thing is not to be used in evidence; or\n(b) if the thing was seized under section 224 (Searches of vehicles\nwithout search warrant in emergency situations)—the period of\n60 days after the day of the thing’s seizure ends.\n\n(2) The police officer must take reasonable steps to return the thing to the\nperson from whom it was seized or to the owner if that person is not\nentitled to possess it.\n(3) However, the police officer does not have to take those steps if—\n(a) if subsection (1) (b) applies—\n(i) a proceeding in relation to which the thing might provide\nevidence has been begun before the end of the 60-day\nperiod and has not been finalised (including an appeal to a\ncourt in relation to the proceeding); or\n(ii) an order is in force under section 228 (Keeping things for\nfurther period); or\n(b) if subsection (1) (a) or (b) applies—the police officer is\notherwise authorised (by a law, or an order of a court, of the\nTerritory, the Commonwealth, a State or another Territory) to\nkeep, destroy or dispose of the thing; or\n(c) the thing is forfeited or forfeitable to the Territory, the\nCommonwealth or a State or is the subject of a dispute about\nownership.\n","sortOrder":265},{"sectionNumber":"228","sectionType":"section","heading":"Keeping things for further period","content":"228 Keeping things for further period\n(1) This section applies if a thing has been seized by a police officer\nunder this part and a proceeding in relation to which the thing might\nprovide evidence has not begun before the end of—\n(a) 60 days after the day of the seizure; or\n(b) a period previously stated in an order of an issuing officer under\n(2) A police officer may apply to an issuing officer for an order that the\nofficer may keep the thing for a further period.\n\nSearch warrants—things seized Division 13.6\n(3) Before making the application, the police officer must—\n(a) take reasonable steps to discover whose interests would be\naffected by the keeping of the thing; and\n(b) if it is practicable to do so, tell each person the officer believes\nto be such a person of the proposed application.\n(4) The provisions of this part relating to the issue of search warrants\napply, with any necessary changes, to the making of an order under\n","sortOrder":266},{"sectionNumber":"229","sectionType":"section","heading":"Issuing officer may order keeping of thing","content":"229 Issuing officer may order keeping of thing\n(1) The issuing officer may order that the police officer who made an\napplication under section 228 (Keeping things for further period) may\nkeep the thing if the issuing officer is satisfied that it is necessary for\nthe police officer to do so for the purpose of beginning or conducting\na proceeding under this Act, another territory law or the law of the\n(2) The order must state the period for which the officer may keep the\nthing.\n(3) The provisions of this part relating to the issue of search warrants\napply, with any necessary changes, to the making of an order under\n","sortOrder":267},{"sectionNumber":"230","sectionType":"section","heading":"Transfer of things seized to public trustee and guardian","content":"230 Transfer of things seized to public trustee and guardian\nAt the direction of the DPP, a police officer must transfer custody of\na thing seized under this part to the public trustee and guardian.\n\n","sortOrder":268},{"sectionNumber":"231","sectionType":"section","heading":"Search warrants—false or misleading information","content":"231 Search warrants—false or misleading information\n(a) the person gives information to a police officer or person\nassisting a police officer; and\n(b) the person does so knowing that the information—\n(ii) omits something that makes the information false or\n(c) the information is given in compliance (or purported\ncompliance) with a requirement under this part.\n(2) Subsection (1) (c) does not apply if, before the information was given\nby the person to the police officer or person assisting, a police officer\nor person assisting did not take reasonable steps to tell the person of\nthe existence of the offence against subsection (1).\n(3) For subsection (2), it is sufficient if the following form of words is\nused:\n‘Giving false or misleading information is an offence with serious\nconsequences’.\n\nSearch warrants—miscellaneous Division 13.7\n","sortOrder":269},{"sectionNumber":"232","sectionType":"section","heading":"Search warrants—false or misleading documents","content":"232 Search warrants—false or misleading documents\n(a) the person produces a document to a police officer or a person\nassisting a police officer; and\n(b) the person does so knowing that the document is false or\n(c) the document is produced in compliance (or purported\ncompliance) with a requirement under this part.\n(2) Subsection (1) does not apply to a person who produces a document\nto a police officer or person assisting if the document is accompanied\nby a written statement signed by the person (or, for a corporation, by\nan officer of the corporation)—\n(a) stating that the document is, to the person’s knowledge, false or\n(b) setting out, or referring to, the material particular in which the\ndocument is, to the person’s knowledge, false or misleading.\n","sortOrder":270},{"sectionNumber":"233","sectionType":"section","heading":"Obstruction etc of police officers and people assisting","content":"233 Obstruction etc of police officers and people assisting\n(a) the person knows that, or is reckless about the fact that, a person\nis a police officer; and\n(b) the person obstructs, hinders, intimidates or resists the officer in\nthe exercise of the officer’s functions under this part.\n\n(2) For this section, it is immaterial whether the defendant was aware that\nthe police officer was exercising the officer’s functions.\n(3) Strict liability applies to subsection (1) (b).\n","sortOrder":271},{"sectionNumber":"234","sectionType":"section","heading":"Damage etc to be minimised","content":"234 Damage etc to be minimised\n(1) In the exercise, or purported exercise, of a function under this part, a\npolice officer must take all reasonable steps to ensure that the police\nofficer, and any person assisting who is not a police officer, causes as\nlittle inconvenience, detriment and damage as practicable.\n(2) If a police officer, or a person assisting who is not a police officer,\ndamages anything in the exercise or purported exercise of a function\nunder this part, the police officer or person assisting must give written\nnotice of the particulars of the damage to the person whom the police\nofficer or person assisting believes on reasonable grounds is the\nowner of the thing.\n(3) If the damage happens on premises entered under this part in the\nabsence of the occupier, the notice may be given by securing it in a\nconspicuous place on the premises.\n","sortOrder":272},{"sectionNumber":"235","sectionType":"section","heading":"Compensation","content":"235 Compensation\n(1) A person may claim reasonable compensation from the Territory if\nthe person suffers loss or expense because of the exercise, or\npurported exercise, of a function under this part by a police officer or\na person assisting who is not a police officer.\n(2) Compensation may be claimed and ordered in a proceeding for—\n(a) compensation brought in a court of competent jurisdiction; or\n(b) an offence against this Act or another territory law brought\nagainst the person making the claim for compensation.\n\nSearch warrants—miscellaneous Division 13.7\n(3) A court must not order the payment of reasonable compensation for\nthe loss or expense unless it is satisfied it is just to make the order in\nthe circumstances of the particular case.\nExample for claim for damage or corruption of computer data\nThe court may have regard to whether the occupier of the premises and any\nemployees, agents or officers of the occupier, if they were available at the time,\ngave any appropriate warning or guidance on the operation of the computer\nequipment.\n(4) A regulation may prescribe matters that may, must or must not be\ntaken into account by the court in considering whether it is just to\nmake the order.\n\n","sortOrder":273},{"sectionNumber":"236","sectionType":"section","heading":"Meaning of confiscation proceeding","content":"236 Meaning of confiscation proceeding\nconfiscation proceeding means a proceeding in a relevant court in\nrelation to any of the following orders under this Act:\n(a) a restraining order;\n(b) an additional order under section 39 in relation to a restraining\norder or restrained property;\n(c) a conviction forfeiture order;\n(d) an order under section 59 (Automatic forfeiture—court order\ndeclaring property automatically forfeited);\n(e) an order under section 60 (Automatic forfeiture—court orders);\n(f) a civil forfeiture order;\n(g) an exclusion order;\n(h) a penalty order;\n(i) an unexplained wealth order;\n(j) an order under section 105 (Order to stop sale, modification or\ndestruction of restrained property);\n(k) an order under section 113 for the discharge of a registered\nproperty interest in forfeited property;\n(l) an order under division 9.4 (Sale of jointly owned forfeited\nproperty);\n(m) a return or compensation order;\n(n) a monitoring order;\n(o) a transaction suspension order;\n\n(p) a production order;\n(q) an examination order\n(r) a buyback order;\n(s) an order under section 239 (2) (c) or section 240 (2) to transfer\na proceeding to another court;\n(t) an additional order under section 250 (Confiscation\nproceedings—additional orders);\n(u) an order under this Act in relation to an order mentioned in\nparagraphs (a) to (t), whether made before, at the same time, or\nafter the making of that order.\nExamples for par (u)—general\n1 an order under section 24 to set aside a dealing with restrained property\n2 an order under section 35 restricting the disclosure of the making of a\nrestraining order\n3 an order under section 49 extending the operation of a restraining order\n4 an interlocutory order in relation to an order mentioned in paragraphs (a) to (t)\nExamples for par (u)—additional orders under s 39 and s 250\n1 see the examples to s 39 (1) for examples of additional orders in relation to\nrestraining orders and restrained property\n2 see the examples to s 250 (1) for examples of additional orders in relation to\nother confiscation proceedings\n(2) However, a confiscation proceeding does not include—\n(a) a registered corresponding law order that is taken to be a kind of\norder mentioned in subsection (1); or\n(b) a proceeding under part 11 (Interstate orders).\n\n","sortOrder":274},{"sectionNumber":"237","sectionType":"section","heading":"Confiscation and corresponding law order proceedings","content":"237 Confiscation and corresponding law order proceedings\nare civil, not criminal\n(a) a confiscation proceeding; and\n(b) a proceeding under part 11 (Interstate orders) in relation to a\ncorresponding law order.\n(2) The proceeding is a civil proceeding, not a criminal proceeding.\n(3) Without limiting subsection (2)—\n(a) any rules of interpretation applying only to the criminal law do\nnot apply to the interpretation of the provisions of this Act or\nany other territory law in relation to the proceeding; and\n(b) the rules of evidence applying to a civil proceeding apply to the\nproceeding, and the rules of evidence applying to a criminal\nproceeding do not apply.\nIn hearing an application for a civil forfeiture order, whether the offender\ncommitted a serious offence is to be decided by the court on the balance of\nprobabilities.\n","sortOrder":275},{"sectionNumber":"238","sectionType":"section","heading":"Meaning of relevant court","content":"238 Meaning of relevant court\nrelevant court, for a confiscation proceeding or a proceeding under\npart 11 (Interstate orders) in relation to a corresponding law order,\nmeans the court, or any court, that has jurisdiction under this part to\nhear and decide the proceeding.\n\n","sortOrder":276},{"sectionNumber":"239","sectionType":"section","heading":"Jurisdiction of Magistrates Court—confiscation","content":"239 Jurisdiction of Magistrates Court—confiscation\nproceedings\n(1) The Magistrates Court has jurisdiction to hear and decide a\nconfiscation proceeding if—\n(a) the value of the property and benefits to which the proceeding\nrelates (as decided by the Magistrates Court) is not more than\nthe amount the Magistrates Court may award for a personal\naction at law (the Magistrates Court limit); and\n(b) title to land is not genuinely in question in the proceeding.\nNote For the amount the Magistrates Court may award for a personal action at\nlaw (see Magistrates Court Act 1930, s 257).\n(2) However, if the value of the property and benefits to which the\nproceeding relates (as decided by the Magistrates Court) is more than\nthe Magistrates Court limit, the Magistrates Court has jurisdiction to\nhear and decide the matter to—\n(a) dismiss the proceeding on its merits (but not for want of\njurisdiction); or\n(b) make an order or orders in relation to property or benefits to the\nvalue of the limit; or\n(c) on the application of the DPP, or on the court’s own initiative,\nby order, transfer the proceeding to the Supreme Court.\n(3) Despite the Magistrates Court limit, the Magistrates Court has\njurisdiction to hear and decide the following confiscation\nproceedings:\n(a) any application for a monitoring order, transaction suspension\norder, production order or examination order;\n(b) any proceeding in relation to a relevant offence that has been\ndisposed of summarily by the court;\n\n(c) a proceeding transferred to the court by the Supreme Court\nunder section 241 (2).\nMr Somewhat Wayward is summarily convicted of a relevant offence by the\nMagistrates Court. The value of the benefits received by Mr Wayward from the\ncommission of the offence was $10 000 more than the Magistrates Court limit. The\nMagistrates Court may make a penalty order against Mr Wayward for the full\namount of the benefits despite their value being more than the amount the\nMagistrates Court may award for a personal action at law.\n(4) For this section—\n(a) the Magistrates Court has jurisdiction to decide—\n(i) what is the property and benefits to which the proceeding\nrelates; and\n(ii) the value of any property and benefits to which the\nproceeding relates; and\n(iii) whether title to land is genuinely in question; and\n(b) title to land is genuinely in question in the proceeding if the\nMagistrates Court would not have jurisdiction to hear the\nproceeding under the Magistrates Court Act 1930, section 264\n(Proceedings affecting title to land).\n","sortOrder":277},{"sectionNumber":"240","sectionType":"section","heading":"Jurisdiction of Magistrates Court—interstate orders","content":"240 Jurisdiction of Magistrates Court—interstate orders\n(1) The Magistrates Court has jurisdiction to hear and decide any\nproceeding under part 11 (Interstate orders) in relation to a\ncorresponding law order.\n(2) To remove any doubt, the Magistrates Court is a relevant court even\nif—\n(a) the value of the property and benefits to which the\ncorresponding order relates is more than the amount the\nMagistrates Court may award for a personal action at law; or\n\n(b) title to land was genuinely in question in the proceeding for the\nmaking of the corresponding law order.\n","sortOrder":278},{"sectionNumber":"241","sectionType":"section","heading":"Jurisdiction of Supreme Court","content":"241 Jurisdiction of Supreme Court\n(1) The Supreme Court has jurisdiction to hear and decide any\nconfiscation proceeding or any proceeding under part 11 (Interstate\norders) in relation to a corresponding law order.\n(2) The Supreme Court may, by order, transfer a confiscation proceeding\nto the Magistrates Court if the value of the property and benefits to\nwhich the proceeding relates (as decided by the Supreme Court)—\n(a) is less than or equal to the amount the Magistrates Court may\naward for a personal action at law; and\n(b) does not include land the title to which is genuinely in question.\n(3) An order under subsection (2) may be made on the application of the\nDPP or of a person with an interest in the property or on the Supreme\nCourt’s own initiative.\n","sortOrder":279},{"sectionNumber":"242","sectionType":"section","heading":"Confiscation proceedings—transferred proceedings","content":"242 Confiscation proceedings—transferred proceedings\nIf a proceeding is transferred from a court (the first court) to another\ncourt under section 239 (2) (c) or section 241 (2)—\n(a) the proceeding is taken to have been begun in the other court;\nand\n(b) evidence given before, and documents filed with, the first court\nare taken to have been given before, or filed with, the other\nIf a proceeding is transferred from the Magistrates Court to the Supreme Court, the\nSupreme Court may make findings of fact based on the transcript of evidence given\nbefore the Magistrates Court without rehearing the evidence.\n\n","sortOrder":280},{"sectionNumber":"243","sectionType":"section","heading":"Restricted access proceedings—notice of applications","content":"243 Restricted access proceedings—notice of applications\netc\n(1) This section applies to a confiscation proceeding for any of the\nfollowing orders (a restricted access proceeding):\n(a) a restraining order;\n(b) an application by the DPP or public trustee and guardian for an\nadditional order under section 39 in relation to a restraining\norder or restrained property;\n(c) an order under section 49 (Extension of time for restraining\norders) that a restraining order—\n(i) is to remain in force for a stated period (or as stated in the\norder); or\n(ii) that has ended is to be revived for a stated period (or as\nstated in the order);\n(d) a monitoring order;\n(e) a transaction suspension order;\n(f) a production order (other than an application to vary a\nproduction order under section 162);\n(g) an examination order.\n(2) An application to begin a restricted access proceeding may be made\nto a relevant court without notice to the person against whom the\nrelevant order is sought.\n(3) If an application is made to begin a restricted access proceeding\nwithout notice to the person against whom the relevant order is\nsought, the applicant is the only party to the application.\n(4) If notice is given to the person against whom the order is sought, the\nperson is entitled to appear and to present evidence at the hearing of\nthe application, but the person’s absence does not prevent the court\nfrom making the order.\n\n(5) The relevant court must hold a restricted access proceeding in closed\ncourt if the applicant asks and may give directions about who may be\npresent.\n","sortOrder":281},{"sectionNumber":"244","sectionType":"section","heading":"Other confiscation proceedings—notice of applications","content":"244 Other confiscation proceedings—notice of applications\netc\n(1) This section applies to an application to a relevant court to begin a\nconfiscation proceeding (other than a restricted access proceeding\nmentioned in section 243) or to amend such an application.\nNote 1 No notice of the application is required for a restricted access proceeding\n(see s 243 (2)).\nNote 3 Related confiscation proceedings are taken to be an interlocutory\napplication and started in accordance with the procedure of the relevant\ncourt (see s 245).\n(2) The applicant must give written notice of the application to each of\nthe following people, if applicable (a notifiable person):\n(a) if the application is made by the DPP—the person in relation to\nwhom the order is sought;\n(b) if the application is made by someone else—the DPP;\n(c) if the public trustee and guardian has been directed to take\ncontrol of the property—the public trustee and guardian;\n(d) anyone else the applicant believes may have an interest in the\nproperty or benefits that are the subject of the proceeding (or,\nfor forfeited property, may have had an interest in the property\nor benefits immediately before the property was forfeited).\n(3) Notice of the application must include a statement of the grounds for\nthe application.\n\n(4) If a notifiable person proposes to oppose the application, the\nnotifiable person must give the applicant written notice of the grounds\non which the application will be opposed.\n(5) However, the court may waive the requirement to give written notice\nof the application to a notifiable person if the person is present in the\ncourt when the application is made.\n(6) The court may direct the applicant give notice of the application to\nanyone and may give directions about how the notice is to be given.\n(7) A notifiable person, and anyone else who claims an interest in the\nproperty or benefits, is entitled to appear and to present evidence at\nthe hearing of the application, but the person’s absence does not\nprevent the court from making an order.\n","sortOrder":282},{"sectionNumber":"245","sectionType":"section","heading":"Applications for another confiscation proceeding in","content":"245 Applications for another confiscation proceeding in\nrelation to same offence\nAfter the beginning of a confiscation proceeding in relation to a\nparticular offence, any other confiscation proceeding in relation to the\nsame or a related offence—\n(a) is taken to be an interlocutory application in relation to the first\nproceeding; and\n(b) may be started in accordance with the procedure of the relevant\n\n","sortOrder":283},{"sectionNumber":"246","sectionType":"section","heading":"Confiscation proceedings—time extensions for","content":"246 Confiscation proceedings—time extensions for\napplications\n(1) A relevant court may give leave for—\n(a) an application in relation to any confiscation proceeding to be\nmade after the end of a period otherwise provided by this Act\n(the standard period); or\n(b) if an application for a particular order in relation to an offence\nhas already been made in relation to the offence (or a related\noffence)—another application for an order of that kind to be\nmade in relation to the same offence (or a related offence),\nwhether before or after the end of the standard period; or\n(c) the amendment of an application for an order under this Act to\nvary the property or benefits to which the application relates.\n(2) The court may give leave only if satisfied that—\n(a) property or benefits to which the application relates were (or will\nbe) derived from the offence, or identified, after the end of the\nstandard period; or\n(b) necessary evidence has (or will) become available only after the\nend of the standard period; or\n(c) it is otherwise desirable having regard to the purposes of this\nAct.\n(3) To remove any doubt, this section does not authorise a relevant court\nto give leave for an application for an exclusion order in relation to\nproperty that has been forfeited.\n","sortOrder":284},{"sectionNumber":"247","sectionType":"section","heading":"Confiscation proceedings—amendment of applications","content":"247 Confiscation proceedings—amendment of applications\n(1) A relevant court may amend an application in any confiscation\nproceeding on the application, or with the consent, of the applicant.\n(2) The application may be amended at any time before the proceeding\nfor the application is finalised.\n\n","sortOrder":285},{"sectionNumber":"248","sectionType":"section","heading":"Confiscation proceedings—relevant material","content":"248 Confiscation proceedings—relevant material\nFor a confiscation proceeding, the relevant court may take into\naccount any material it considers appropriate.\nExample of material that may be considered appropriate\nevidence given in, and the transcript of, any proceedings for or about the offence to\nwhich the order sought relates\nNote Evidence may be given in the confiscation proceeding of a conviction,\nacquittal, sentencing, order or about proceedings in a court by a certificate\nsigned by a judge, magistrate, registrar or proper officer of the court (see\nEvidence Act 2011, s 178).\n","sortOrder":286},{"sectionNumber":"249","sectionType":"section","heading":"Confiscation proceedings—witness not required to","content":"249 Confiscation proceedings—witness not required to\nanswer questions prejudicing investigation\nA witness in the hearing of a confiscation proceeding is not required\nto answer a question or produce a document if the relevant court is\nsatisfied that answering the question or producing the document may\nprejudice an investigation or prosecution in relation to a relevant\n","sortOrder":287},{"sectionNumber":"250","sectionType":"section","heading":"Confiscation proceedings—additional orders","content":"250 Confiscation proceedings—additional orders\n(1) A relevant court may, when it makes an order in a confiscation\nproceeding (a primary order) or at any later time, make any other\norder (an additional order) that it considers appropriate for varying\nor giving effect to the primary order.\nExamples of additional orders\n1 an order for the examination of anyone before the court, or an officer of the\ncourt, about any property that may be forfeited property\n2 an order directing the owner of forfeited property or anyone else to give to a\nstated person, within a stated period, a sworn statement about stated particulars\nof the forfeited property\n\n3 an order directing the owner of forfeited property or anyone else to do anything\nnecessary or convenient to be done to allow the public trustee and guardian to\ntake control of the property in accordance with a forfeiture order, including\nanything necessary or convenient to be done to bring the property within the\njurisdiction\n4 an order in relation to the registration of title to, or charges over, property\nunder a territory law\n5 an order for the substituted service of a restraining order\n(2) However, this section does not authorise a relevant court to make an\nadditional order in relation to a restraining order or restrained\nproperty (including an order for the exclusion of property from a\nrestraining order).\nNote 1 For additional orders about restraining orders and restrained property, see\ns 39 and the notes to that section.\nNote 2 For the power to give orders to give effect to an automatic forfeiture for\nconviction for a serious offence (which operates over restrained\nproperty), see s 60.\n(3) An additional order may be made on the relevant court’s own\ninitiative, or on the application of any of the following people:\n(a) the applicant for the primary order;\n(b) the DPP;\n(c) the public trustee and guardian;\n(d) anyone with an interest in the property or benefits to which the\napplication relates;\n(e) anyone else with the court’s leave.\n(4) To remove any doubt, an additional order under this section does not\nend only because the order to which the additional order relates ends.\n\n","sortOrder":288},{"sectionNumber":"251","sectionType":"section","heading":"Contravention of additional orders under s 250","content":"251 Contravention of additional orders under s 250\n(a) a relevant court makes an additional order under section 250;\nand\n(b) the person has notice of the order (whether by being given a\n(c) the person contravenes the order.\n","sortOrder":289},{"sectionNumber":"252","sectionType":"section","heading":"Confiscation proceedings—consent orders","content":"252 Confiscation proceedings—consent orders\n(1) A relevant court may make an order in a confiscation proceeding with\nthe consent of the applicant in the proceeding and everyone whom it\nhas reason to believe has an interest in the property, benefits,\ntransaction, document or information that is the subject of the\n(2) An order may be made with consent under subsection (1) without\nconsideration of the matters which the court would otherwise\nconsider in the proceeding.\n","sortOrder":290},{"sectionNumber":"253","sectionType":"section","heading":"Confiscation proceedings—notice of making orders","content":"253 Confiscation proceedings—notice of making orders\n(1) If a relevant court makes an order in a confiscation proceeding, the\napplicant for the order must give a copy of the order to—\n(a) if the application is made by the DPP—the person in relation to\nwhom the order is sought; and\n(b) if the application is made by someone else—the DPP; and\n(c) if the public trustee and guardian has been directed to take\ncontrol of the property—the public trustee and guardian; and\n\n(d) anyone else the applicant believes may have an interest in the\nproperty or benefits that are the subject of the proceeding (or,\nfor forfeited property, may have had an interest in the property\nor benefits immediately before the property was forfeited).\n(2) The court may order the applicant to give notice of the order to\nanyone else and may give directions about how the notice is to be\ngiven.\n(3) The court must not make an order under subsection (2) if compliance\nwith the order would be inconsistent with a direction under\nsection 69 (1) (b) (Civil forfeiture order proceedings—restrictions on\ndisclosure).\n(4) This section does not apply to the making of restraining orders or non-\ndisclosable information orders.\nNote See div 4.2 about notice of the making of restraining orders and pt 12\nabout making information orders.\n","sortOrder":291},{"sectionNumber":"254","sectionType":"section","heading":"Concurrent proceedings","content":"254 Concurrent proceedings\nThis Act does not prevent a relevant court from conducting a\nconfiscation proceeding at the same time as another confiscation\nproceeding or another civil or criminal proceeding, if the court\nconsiders it desirable for the purposes of this Act.\n\n","sortOrder":292},{"sectionNumber":"255","sectionType":"section","heading":"Self-incrimination and other privileges overridden","content":"255 Self-incrimination and other privileges overridden\n(1) This section applies despite the Legislation Act, part 15.4\n(Preservation of certain common law privileges) if a person is\nrequired to disclose anything in a confiscation proceeding, by an\norder under this Act, or otherwise under this Act.\n(2) The person is not excused from the disclosure because—\n(a) the disclosure might tend to incriminate the person or make the\nperson liable to a penalty, or the person’s property liable to\nforfeiture, under this Act or another territory law; or\n(b) the disclosure would be in breach of an obligation (whether\nimposed by law or otherwise) of the person not to make the\ndisclosure.\nExample—legal professional privilege\nA person is not excused from disclosing a document because to do so would be in\nbreach of an obligation by a lawyer to a client not to disclose the existence or\ncontents of the document.\n(3) However, the disclosure is inadmissible against the person making\nthe disclosure in a civil or criminal proceeding except—\n(a) in a criminal proceeding in relation to giving false or misleading\ndocuments, information or testimony; or\n(b) in a proceeding on an application under this Act; or\n(c) in a proceeding for an additional order under section 39 or\nsection 250 in relation to another confiscation proceeding under\nthis Act; or\n(d) in a proceeding for enforcement of a confiscation forfeiture\norder, an automatic forfeiture or a penalty order; or\n(e) for a document—in a civil proceeding in relation to a right or\nliability it gives or imposes.\n\nMiscellaneous Part 15\n(4) An action does not lie against a person because of the disclosure if it\nis in breach of an obligation the person would otherwise have\n(whether imposed by law or applying otherwise).\ndisclosure, by a person, includes—\n(a) the person answering a question or giving testimony or\ninformation to someone else; and\n(b) the person giving or producing a statement, document or\nanything else to someone else.\nExample of disclosure\ngiving information about the nature or location of property held by anyone\n","sortOrder":293},{"sectionNumber":"256","sectionType":"section","heading":"Powers under Act not limited by criminal proceedings","content":"256 Powers under Act not limited by criminal proceedings\nTo remove any doubt, the fact that a criminal proceeding has begun,\nor is about to begin, (whether or not under this Act) against a person\nto whom an order under this Act or an examination notice applies\ndoes not prevent the person or anyone else from complying, or permit\na person to refuse to comply, with the order or notice.\n\n","sortOrder":294},{"sectionNumber":"257","sectionType":"section","heading":"Powers under Act do not limit each other or powers","content":"257 Powers under Act do not limit each other or powers\nunder other laws\nA power under this Act does not limit or exclude—\n(a) the operation of another power under this Act; or\n(b) the operation of another territory law, or a law of the\nExample for par (a)\na search warrant under part 13 and an examination notice, production order and\nmonitoring order may be used independently, or in conjunction with each other, in\nrelation to identifying and locating tainted property and benefits derived from an\na search warrant under the Crimes Act 1900 may be applied for to locate target\nmaterial rather than a search warrant under this Act, part 13.\n","sortOrder":295},{"sectionNumber":"258","sectionType":"section","heading":"Examination orders—reporting requirements","content":"258 Examination orders—reporting requirements\n(1) As soon as practicable after the end of each financial year, the chief\npolice officer must give the Minister a report about the operation of\ndivision 12.5 (Examination orders and notices) during the financial\nyear.\n(2) The report must include the following information for the financial\nyear:\n(a) the number of applications for examination orders made during\nthe year;\n(b) the number of people given examination notices during the year;\n(c) the number of investigations to which the notices related;\n(d) the number of examinations conducted during the year.\n\nMiscellaneous Part 15\n(3) The report must also include the following information for the\nfinancial year (whether or not the examination notice to which it\nrelates was given during the year):\n(a) the number and kind of confiscation proceedings begun during\nthe year in relation to matters for which an examination notice\nhas been given to a person;\n(b) the estimated value of property either restrained or confiscated\nduring the year in relation to matters for which an examination\nnotice had been given to a person;\n(c) the number of charges laid relating to examination notice\noffences during the year;\n(d) the number of arrests made during the year in relation to matters\nfor which an examination notice has been given to a person;\n(e) the number and kind of complaints made during the year to the\nAustralian Federal Police or the Commonwealth Ombudsman in\nrelation to examination notices;\n(f) the number of complaints of the kind mentioned in paragraph (e)\nresolved during the year and their outcome;\n(g) the number and kind of legal proceedings begun during the year\nin relation to examination notices (other than charges mentioned\nin paragraph (c) or proceedings begun by the DPP or a police\nofficer);\n(h) the number of legal proceedings of the kind mentioned in\nparagraph (g) finalised during the year and their outcome.\n(4) The Minister must present a copy of each report given to the Minister\nunder subsection (1) to the Legislative Assembly within 6 sitting days\nafter the day the Minister receives it.\n\n","sortOrder":296},{"sectionNumber":"258A","sectionType":"section","heading":"Review of unexplained wealth provisions","content":"258A Review of unexplained wealth provisions\n(1) The Minister must—\n(a) review the operation and effectiveness of the unexplained\nwealth provisions of this Act and any other territory law relating\nto the provisions, as soon as practicable after 3 August 2025; and\n(b) present a report of the review to the Legislative Assembly by\n(2) This section expires on 3 August 2027.\n","sortOrder":297},{"sectionNumber":"259","sectionType":"section","heading":"Approved forms","content":"259 Approved forms\n(1) The Minister may approve forms for this Act.\n(2) If the Minister approves a form for a particular purpose, the approved\nform must be used for that purpose.\nNote For other provisions about forms, see the Legislation Act, s 255.\n(3) An approved form is a notifiable instrument.\nNote A notifiable instrument must be notified under the Legislation Act.\n","sortOrder":298},{"sectionNumber":"260","sectionType":"section","heading":"Regulation-making power","content":"260 Regulation-making power\n(1) The Executive may make regulations for this Act.\nNote A regulation must be notified, and presented to the Legislative Assembly,\nunder the Legislation Act.\n(2) A regulation may prescribe offences for contraventions of a\nregulation and prescribe maximum penalties of not more than\n10 penalty units for offences against a regulation.\n\n(see s 6)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nNote 2 In particular, the Legislation Act, dict, pt 1, defines the following terms:\n• authorised deposit-taking institution\n• child\n• domestic partner (see s 169)\n• DPP\n• entity\n• fail\n• foreign country\n• found guilty\n• function\n• indictment\n• interest (in relation to land or other property)\n• intersex person (see s 169B)\n• lawyer\n• may (see also s 146)\n• must (see also s 146)\n• police officer\n• present\n• property\n• public trustee and guardian\n• registrar-general\n• transgender person (see s169A).\nabscond—see section 16.\naccount means any facility or arrangement through which a financial\ninstitution accepts deposits or allows withdrawals, and includes—\n(a) a facility or arrangement for a fixed term deposit or a safe-\ndeposit box; and\n\n(b) a facility or arrangement prescribed by regulation for this\ndefinition.\nagent, for an agent that is a corporation, includes an officer, employee\nor agent of the corporation.\nartistic profits—see section 81 (1).\nartistic profits restraining order—see section 20.\nassociate, for division 12.5 (Examination orders and notices)—see\nsection 164.\nat, for part 13 (Search warrants)—see section 195.\nauthenticated, in relation to a corresponding law order, for part 11\n(Interstate orders)—see section 136.\nauthorised investigator, for division 12.5 (Examination orders and\nnotices)—see section 165 (1).\nautomatic forfeiture, of property, means the forfeiture of the\nproperty—\n(a) under division 5.2 (Automatic forfeiture—conviction for serious\noffences); or\n(b) under division 5.3 (Automatic forfeiture—unclaimed tainted\nproperty).\nNote A registered interstate automatic forfeiture decision is taken to be an\nbenefit includes service or advantage.\nbenefits, derived by an offender—see section 80.\nbuyback order—see section 124.\ncivil forfeiture order—see section 65.\nCJC subcommittee, for division 10.3 (National cooperative scheme\non unexplained wealth)—see section 135E.\ncleared, of an offence—see section 17.\n\ncommission—\n(a) of a serious offence, for part 7 (Penalty orders)—see section 79;\nand\n(b) of an offence by a person who has absconded—includes the\nalleged commission of the offence by the person.\nconfiscation proceeding—see section 236.\ncontributing jurisdiction, for division 10.3 (National cooperative\nscheme on unexplained wealth)—see section 135A.\ncontribution, for division 10.3 (National cooperative scheme on\nunexplained wealth)—see section 135A.\nconvicted—see section 15 (1).\nconviction forfeiture order—see section 52.\ncooperating jurisdiction committee, for division 10.3 (National\ncooperative scheme on unexplained wealth)—see section 135A.\ncooperating State, for division 10.3 (National cooperative scheme on\nunexplained wealth)—see section 135A.\ncorresponding law means a law of the Commonwealth, a State or\nanother Territory that is declared by regulation to be a corresponding\nlaw, whether or not the law corresponds, or substantially corresponds,\nto this Act.\ncorresponding law order means an order, notice or decision\n(however described) made under a corresponding law, whether or not\nthe order, notice or decision—\n(a) is made by a court; or\n(b) corresponds, or substantially corresponds, to an order, notice or\ndecision under this Act.\ncorresponding proceeds, of a State or the Territory, for part 10\n(Confiscated assets trust fund)—see section 127A.\ndata, for part 13 (Search warrants)—see section 195.\n\ndata storage device, for part 13 (Search warrants)—see section 195.\ndealing, with property of a person, includes, for example—\n(a) if a debt is owed to the person—making a payment to anyone in\nreduction of the debt; and\n(b) disposing of the property (including, for example, making a gift\nof the property or removing the property from the ACT or\nAustralia); and\n(c) receiving the property, whether as a gift or otherwise; and\n(d) creating or assigning an interest in the property; and\n(e) using the property to obtain or extend credit; and\n(f) using credit secured against the property.\ndecision-making period, for division 10.3 (National cooperative\nscheme on unexplained wealth)—see section 135B.\ndependant, of a person, means—\n(a) the person’s domestic partner; or\n(b) the person’s child, or a member of the person’s household, who\ndepends on the person for support.\nderived—see section 12.\ndistributable funds, for division 10.2 (Establishment and payments\ninto and out of the trust fund)—see section 128.\neffective control, of property—see section 14.\nencumbrance, in relation to property, includes any interest,\nmortgage, charge, right, claim or demand in relation to the property.\nequitable sharing program, for division 10.2 (Establishment and\npayments into and out of the trust fund)—see section 129.\nexamination notice—see section 171.\nexamination order—see section 166.\n\nexclusion order—see section 72.\nexecuting police officer, of a search warrant, for part 13 (Search\nwarrants)—see section 195.\nfinalised, for a confiscation or criminal proceeding—see section 18.\nfinancial institution means—\n(a) an authorised deposit-taking institution; or\n(b) the Reserve Bank of Australia; or\n(c) an entity registered or incorporated as a co-operative housing\nsociety or similar society under the law of the Territory, a State\nor another Territory; or\n(d) a person who carries on State banking within the meaning of the\nCommonwealth Constitution, section 51 (13); or\n(e) a corporation that is, or that, if it had been incorporated in\nAustralia, would be, a financial corporation within the meaning\nof the Commonwealth Constitution, section 51 (20); or\n(f) a person who permits someone else to deposit money with the\nperson for use by the other person in relation to gaming or\nbetting; or\n(g) an entity prescribed by regulation for this definition.\nforfeited property, means property forfeited under part 5 (Forfeiture\nof property).\nforfeiture order means a civil forfeiture order or a conviction\nforfeiture order.\nNote A registered interstate forfeiture order is taken to be a forfeiture order\nforfeiture or penalty application, for division 4.3 (Duration of\nrestraining orders)—see section 41.\nfrisk search, for part 13 (Search warrants)—see section 195.\n\nfully satisfied—a forfeiture order, penalty order, unexplained wealth\norder or an automatic forfeiture of property, is fully satisfied when—\n(a) for an automatic forfeiture of property or a forfeiture order—the\nproperty that is the subject of the automatic forfeiture or order\nhas vested in law in the Territory and the public trustee and\nguardian has taken control of the property; and\n(b) for a penalty order or unexplained wealth order—the amount of\nthe order has been paid to, or recovered by, the Territory or\nrealised by the public trustee and guardian from the disposal of\ninformation order—see section 186.\ninquiry notice—see section 144.\nin relation to—to remove any doubt, in relation to includes—\n(a) in; and\n(b) for or for the purposes of; and\n(c) in connection with; and\n(d) in respect of; and\n(e) with respect to.\nThe phrase ‘property used, or intended to be used by an offender, in relation to the\ncommission of an offence’ (in s 3 (d) and elsewhere) refers to 1 or more of the\nfollowing:\n(a) property used in or in relation to the commission of the offence;\n(b) property used for or for the purposes of the commission of the offence;\n(c) property used in connection with the commission of the offence;\n(d) property used in respect of the commission of the offence;\n(e) property used with respect to the commission of the offence.\ninterested person, for part 8 (Forfeited property)—see section 107.\ninterstate automatic forfeiture decision means a corresponding law\n\ninterstate civil forfeiture order means a corresponding law order\nprescribed by regulation for this definition.\ninterstate conviction forfeiture order means a corresponding law\ninterstate forfeiture order means an interstate civil forfeiture order or\ninterstate conviction forfeiture order.\ninterstate penalty charge—see section 142 (2) (Interstate penalty\ncharges).\ninterstate penalty order means a corresponding law order prescribed\nby regulation for this definition.\ninterstate restraining order means a corresponding law order\nprescribed by regulation for this definition.\ninterstate unexplained wealth order means a corresponding law\ninvestigation, for division 12.5 (Examination orders and notices)—\nsee section 164.\nissuing officer, for a search warrant, for part 13 (Search warrants)—\nsee section 195.\njoint ownership—property is jointly owned if the owners own the\nproperty as joint tenants or tenants in common.\nmoney laundering offence means—\n(a) an offence against the Crimes Act 1900, division 6.2A (Money\nlaundering and organised fraud); or\n(b) an offence against a law of the Commonwealth, a State or\nanother Territory that is declared by regulation to be a\ncorresponding offence, whether or not the offence corresponds,\nor substantially corresponds, to an offence mentioned in\nparagraph (a).\nmonitoring order—see section 148.\n\nnarcotic substance, for division 7.3 (Value of benefits)—see\nsection 90.\nnational cooperative scheme, for part 10 (Confiscated assets trust\nfund)—see section 127A.\nnational cooperative scheme on unexplained wealth, for part 10\n(Confiscated assets trust fund)—see section 127A.\nNCSUW agreement, for part 10 (Confiscated assets trust fund)—see\nsection 127A.\nnon-disclosable information order—see section 191.\nnon-participating State, for division 10.3 (National cooperative\nscheme on unexplained wealth)—see section 135A.\noccupier, of premises, for part 13 (Search warrants)—see\nsection 195.\noffence—see section 13 (1).\noffender, in relation to an offence, means a person (including a\ncorporation) who committed, or is alleged to have committed, the\nordinary offence—see section 13 (2).\nordinary search, for part 13 (Search warrants)—see section 195.\nparticipating State, for division 10.3 (National cooperative scheme\non unexplained wealth)—see section 135A.\nparty, to an offence, means a person who—\n(a) commits or participates in the offence; or\n(b) is an accessory before or after the fact to the offence.\n\npenalty charge—see section 94 (4) (Creation of penalty charge over\nrestrained property).\nNote An interstate penalty charge is taken to be a penalty charge under this Act\n(see s 142).\npenalty order—see section 82.\nperson assisting, in relation to a search warrant, for part 13 (Search\nwarrants)—see section 195.\npremises, for part 13 (Search warrants)—see section 195.\nproceeds of confiscated assets, for part 10 (Confiscated assets trust\nfund)—see section 127A.\nproduction order—see section 156.\nproperty—\n(a) of an offender, for division 7.3 (Value of benefits)—see section\n90; and\n(b) of a person, includes property in which the person has a\nbeneficial interest.\nproperty-tracking document—see section 157.\npurposes of this Act—see section 3.\nquashed—see section 15 (3) and (4).\nregistered, for a corresponding law order, means registered under part\n11 (Interstate orders).\nregistrable property means property title to which is passed by\nregistration in a statutory property register.\nregistered property interest means an interest in property recorded in\na statutory property register.\nrelated offence—see section 13 (3).\nrelevant court—see section 238.\n\nrelevant offence—see section 13 (2).\nreserved funds, for division 10.2 (Establishment and payments into\nand out of the trust fund)—see section 128.\nrestrained, in relation to property, means property subject to a\nrestraining order—see section 19.\nreturn or compensation order—see section 121.\nsearch warrant, for part 13 (Search warrants)—see section 195.\nserious criminal activity—see section 11C.\nserious offence—see section 13 (2).\nshareable, in relation to proceeds of confiscated assets or\ncorresponding proceeds under the national cooperative scheme, for\npart 10 (Confiscated assets trust fund)—see section 127A.\nstatutory property register means a register kept under a territory law,\nor a law of the Commonwealth, a State or another Territory, for\nrecording ownership of property (including interests in property) if—\n(a) title to the property is passed by registration in the register of\nownership of the property; or\n(b) the owner of an interest in the property may lose the interest if\nthe interest is not registered in the register.\nthe register of land titles kept under the Land Titles Act 1925, section 43\nsubject to forfeiture, in relation to property—see section 73.\n\nsufficient consideration, in relation to acquiring or disposing or\notherwise dealing with property, means acquiring, disposing of, or\notherwise dealing with, the property for a consideration that is\nsufficient and that appropriately reflects the value of the property\nhaving regard only to commercial considerations.\ntainted property—see section 10.\ntarget material, for part 13 (Search warrants)—see section 195.\ntotal wealth, of a person to whom a proceeding for an unexplained\nwealth order relates—see section 11A.\ntransaction suspension order—see section 152 (1).\ntrust fund means the confiscated assets trust fund under section 130.\nunclaimed tainted property—see section 11.\nunclaimed tainted property restraining order—see section 21.\nunexplained wealth charge—see section 98G (4).\nunexplained wealth order—see section 98A.\nunexplained wealth provision means the following:\n(a) section 32A;\n(b) section 98D;\n(c) a provision of this Act to the extent that it relates to a provision\nmentioned in paragraph (a) or (b).\nExamples—par (c)\n• section 3 (e)\n• section 26A\n• section 98E\nunexplained wealth restraining order—see section 21A.\nvehicle, for part 13 (Search warrants)—see section 195.\nwealth, of a person—see section 11B.\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nConfiscation of Criminal Assets Act 2003 A2003-8\nnotified LR 27 March 2003\ns 1, s 2 commenced 27 March 2003 (LA s 75 (1))\nremainder commenced 15 August 2003 (s 2 and CN2003-7)\nas amended by\nLegislation (Gay, Lesbian and Transgender) Amendment Act 2003\nA2003-14 sch 1 pt 1.6\nnotified LR 27 March 2003\ns 1, s 2 commenced 27 March 2003 (LA s 75 (1))\nsch 1 pt 1.6 commenced 28 March 2003 (s 2)\nEvidence (Miscellaneous Provisions) Amendment Act 2003 A2003-48\nsch 2 pt 2.2\nnotified LR 31 October 2003\ns 1, s 2 commenced 31 October 2003 (LA s 75 (1))\nsch 2 pt 2.2 commenced 30 April 2004 (s 2 and LA s 79)\nStatute Law Amendment Act 2003 (No 2) A2003-56 sch 3 pt 3.6\nnotified LR 5 December 2003\ns 1, s 2 commenced 5 December 2003 (LA s 75 (1))\nsch 3 pt 3.6 commenced 19 December 2003 (s 2)\nAnnual Reports Legislation Amendment Act 2004 A2004-9 sch 1\npt 1.9\nnotified LR 19 March 2004\ns 1, s 2 commenced 19 March 2004 (LA s 75 (1))\npt 1.9 commenced 13 April 2004 (s 2 and see Annual Reports\n(Government Agencies) Act 2004 A2004-8, s 2 and CN2004-5)\nStatute Law Amendment Act 2004 A2004-42 sch 3 pt 3.5\nnotified LR 11 August 2004\ns 1, s 2 commenced 11 August 2004 (LA s 75 (1))\nsch 3 pt 3.5 commenced 25 August 2004 (s 2 (1))\n\nCourt Procedures (Consequential Amendments) Act 2004 A2004-60\nsch 1 pt 1.12\nnotified LR 2 September 2004\ns 1, s 2 commenced 2 September 2004 (LA s 75 (1))\nsch 1 pt 1.12 commenced 10 January 2005 (s 2 and see Court\nProcedures Act 2004 A2004-59, s 2 and CN2004-29)\nJustice and Community Safety Legislation Amendment Act 2005\nA2005-5 pt 5\nnotified LR 23 February 2005\ns 1, s 2 commenced 23 February 2005 (LA s 75 (1))\npt 5 commenced 24 February 2005 (s 2 (2))\nJustice and Community Safety Legislation Amendment Act 2005\n(No 4) A2005-60 sch 1 pt 1.6\nnotified LR 1 December 2005\ns 1, s 2 taken to have commenced 23 November 2005 (LA s 75 (2))\nsch 1 pt 1.6 commenced 22 December 2005 (s 2 (4))\nSentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.5\nnotified LR 18 May 2006\ns 1, s 2 commenced 18 May 2006 (LA s 75 (1))\nsch 1 pt 1.5 commenced 2 June 2006 (s 2 (1) and see Crimes\n(Sentence Administration) Act 2005 A2005-59 s 2, Crimes\n(Sentencing) Act 2005 A2005-58, s 2 and LA s 79)\nCivil Law (Property) Act 2006 A2006-38 sch 1 pt 1.3\nnotified LR 28 September 2006\ns 1, s 2 commenced 28 September 2006 (LA s 75 (1))\nsch 1 pt 1.3 commenced 28 March 2007 (s 2 and LA s 79)\nChildren and Young People (Consequential Amendments) Act 2008\nA2008-20 sch 4 pt 4.3\nnotified LR 17 July 2008\ns 1, s 2 commenced 17 July 2008 (LA s 75 (1))\ns 3 commenced 18 July 2008 (s 2 (1))\nsch 4 pt 4.3 commenced 27 February 2009 (s 2 (5) and see Children\nand Young People Act 2008 A2008-19, s 2 and CN2008-17 (and see\nCN2008-13))\n\nCrimes Legislation Amendment Act 2008 A2008-44 sch 1 pt 1.1\nnotified LR 9 September 2008\ns 1, s 2 commenced 9 September 2008 (LA s 75 (1))\nsch 1 pt 1.1 commenced 30 May 2009 (s 2 and CN2009-4)\nPersonal Property Securities Act 2010 A2010-15 sch 2 pt 2.1\nnotified LR 1 April 2010\ns 1, s 2 commenced 1 April 2010 (LA s 75 (1))\nsch 2 pt 2.1 commenced 30 January 2012 (s 2 (2) (b))\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.33\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.33 commenced 1 July 2011 (s 2 (1))\nEvidence (Consequential Amendments) Act 2011 A2011-48 sch 1\npt 1.10\nnotified LR 22 November 2011\ns 1, s 2 commenced 22 November 2011 (LA s 75 (1))\nsch 1 pt 1.10 commenced 1 March 2012 (s 2 (1) and see Evidence Act\n","sortOrder":299},{"sectionNumber":"2011","sectionType":"section","heading":"A2011-12, s 2 and CN2012-4)","content":"2011 A2011-12, s 2 and CN2012-4)\nStatute Law Amendment Act 2012 A2012-21 sch 3 pt 3.4\nnotified LR 22 May 2012\ns 1, s 2 commenced 22 May 2012 (LA s 75 (1))\nsch 3 pt 3.4 commenced 5 June 2012 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2013\n(No 2) A2013-11 sch 1 pt 1.2\nnotified LR 28 March 2013\ns 1, s 2 commenced 28 March 2013 (LA s 75 (1))\nsch 1 pt 1.2 commenced 4 April 2013 (s 2)\nCrimes (Domestic and Family Violence) Legislation Amendment\nAct 2015 A2015-40 sch 1 pt 1.2\nnotified LR 4 November 2015\ns 1, s 2 commenced 4 November 2015 (LA s 75 (1))\nsch 1 pt 1.2 commenced 4 May 2016 (s 2 (2))\n\nStatute Law Amendment Act 2015 (No 2) A2015-50 sch 3 pt 3.7\nnotified LR 25 November 2015\ns 1, s 2 commenced 25 November 2015 (LA s 75 (1))\nsch 3 pt 3.7 commenced 9 December 2015 (s 2)\nProtection of Rights (Services) Legislation Amendment Act 2016\n(No 2) A2016-13 sch 1 pt 1.10\nnotified LR 16 March 2016\ns 1, s 2 commenced 16 March 2016 (LA s 75 (1))\nsch 1 pt 1.10 commenced 1 April 2016 (s 2 and see Protection of\nRights (Services) Legislation Amendment Act 2016 A2016-1 s 2)\nJustice and Community Safety Legislation Amendment Act 2016\nA2016-37 sch 1 pt 1.6\nnotified LR 22 June 2016\ns 1, s 2 commenced 22 June 2016 (LA s 75 (1))\nsch 1 pt 1.6 commenced 29 June 2016 (s 2)\nCo-operatives National Law (ACT) Act 2017 A2017-8 sch 2 pt 2.1\nnotified LR 4 April 2017\ns 1, s 2 commenced 4 April 2017 (LA s 75 (1))\nsch 2 pt 2.1 commenced 1 May 2017 (s 2)\nCrimes Legislation Amendment Act 2018 (No 2) A2018-40 pt 2\nnotified LR 7 November 2018\ns 1, s 2 commenced 7 November 2018 (LA s 75 (1))\npt 2 commenced 8 November 2018 (s 2)\nJustice and Community Safety Legislation Amendment Act 2019\nA2019-17 sch 1 pt 1.1\nnotified LR 14 June 2019\ns 1, s 2 commenced 14 June 2019 (LA s 75 (1))\nsch 1 pt 1.1 commenced 21 June 2019 (s 2)\nCrimes Legislation Amendment Act 2019 A2019-23 pt 3\nnotified LR 8 August 2019\ns 1, s 2 commenced 8 August 2019 (LA s 75 (1))\npt 3 commenced 15 August 2019 (s 2)\n\nCourts (Fair Work and Work Safety) Legislation Amendment Act 2019\nA2019-32 pt 3\nnotified LR 9 October 2019\ns 1, s 2 commenced 9 October 2019 (LA s 75 (1))\ns 3, pt 3 commenced 10 October 2019 (s 2 (1))\nConfiscation of Criminal Assets (Unexplained Wealth) Amendment\nAct 2020 A2020-33\nnotified LR 29 July 2020\ns 1, s 2 commenced 29 July 2020 (LA s 75 (1))\nremainder commenced 29 August 2020 (s 2, CN2020-18 and\nLA s 77 (3))\nJustice Legislation Amendment Act 2020 A2020-42 pt 7\nnotified LR 27 August 2020\ns 1, s 2 commenced 27 August 2020 (LA s 75 (1))\npt 7 commenced 28 August 2020 (s 2 (9))\nCrimes Legislation Amendment Act 2021 A2021-6 pt 4\nnotified 8 April 2021\ns 1, s 2 commenced 8 April 2021 (LA s 75 (1))\npt 4 commenced 9 April 2021 (s 2)\nStatute Law Amendment Act 2022 A2022-14 sch 3 pt 3.7\nnotified LR 10 August 2022\ns 1, s 2 commenced 10 August 2022 (LA s 75 (1))\nsch 3 pt 3.7 commenced 24 August 2022 (s 2)\nCourts Legislation Amendment Act 2023 A2023-37 sch 1 pt 1.2\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.2 commenced 30 September 2023 (s 2)\nCrimes Legislation Amendment Act 2024 A2024-12 pt 3\nnotified LR 19 April 2024\ns 1, s 2 commenced 19 April 2024 (LA s 75 (1))\npt 3 commenced 26 April 2024 (s 2 (1))\n\nCommencement\ns 2 om LA s 89 (4)\nPurposes of Act\ns 3 am A2020-33 s 4; pars renum R30 LA\nGeneral overview\ns 9 am A2008-44 amdt 1.13; A2020-33 s 5, s 6; notes renum R30\nLA\nKey concepts\npt 3 hdg note ins A2005-5 s 13\nam A2008-44 amdts 1.1-1.3\nMeaning of total wealth\ns 11A ins A2020-33 s 7\nMeaning of wealth\ns 11B ins A2020-33 s 7\nMeaning of serious criminal activity\ns 11C ins A2020-33 s 7\nMeaning of derived\ns 12 am A2008-44 amdt 1.13; A2019-17 amdt 1.1\nMeaning of offence and of particular kinds of offences\ns 13 am A2008-44 amdt 1.4; A2019-32 s 7, s 8; pars renum R28\nLA; A2020-33 s 8, s 9\nMeaning of effective control of property\ns 14 am A2020-33 s 10\nMeaning of convicted and quashed\ns 15 am A2005-5 s 14; A2006-23 amdt 1.38; A2008-20 amdt 4.6,\namdt 4.7\nWhen does someone abscond\ns 16 am A2005-5 s 19; A2008-44 amdt 1.13\nWhen is someone cleared of an offence\ns 17 am A2005-5 s 19\nMeaning of restraining order\ns 19 am A2006-23 amdt 1.39; A2020-33 s 11\nMeaning of unexplained wealth restraining order\ns 21A ins A2020-33 s 12\nRestraining orders—purposes\ns 22 am A2020-33 s 13\n\nContravening restraining orders\ns 23 am A2006-23 amdt 1.40\nRestraining orders over other property—application\ns 26 am A2020-33 s 14\nUnexplained wealth restraining orders—application\ns 26A ins A2020-33 s 15\nRestraining orders—time for making certain applications\ns 27 am A2005-5 s 15; A2008-44 amdt 1.13; A2020-33 s 16\nRestraining orders over other property—affidavit supporting application\ns 29 am A2005-5 s 16, s 19; A2008-44 amdt 1.13\nUnexplained wealth restraining order—affidavit supporting application\ns 29A ins A2020-33 s 17\nRestraining orders over unclaimed tainted property—making\ns 30 am A2016-13 amdt 1.37\nRestraining orders over other property—making\ns 31 am A2005-5 s 19; A2008-44 amdt 1.13; A2016-13 amdt 1.37\nUnexplained wealth restraining order—making\ns 32A ins A2020-33 s 18\nRestraining orders—contents\ns 33 am A2006-23 amdt 1.41; A2016-13 amdt 1.37\nRestraining order proceedings—restrictions on disclosure\ns 35 am A2015-50 amdt 3.55\nPayment of living and business expenses from restrained property\ns 37 am A2020-33 ss 19-22; ss renum R30 LA\ndef domestic partner om A2003-14 amdt 1.18\ndef domestic partnership om A2003-14 amdt 1.18\nPayment of certain legal expenses from restrained property\ns 38 am A2020-33 ss 23-25; ss renum R30 LA; A2022-14\namdt 3.50\nAdditional orders about restraining orders and restrained property\ns 39 am A2006-23 amdt 1.42; A2016-13 amdt 1.37\nWhen restraining order over particular property ends\ns 45 am A2016-13 amdt 1.37\nWhen restraining order ends—ordinary offences\ns 47 hdg am A2008-44 amdt 1.13\ns 47 table renum R3 LA\nam A2005-5 s 19; A2008-44 amdt 1.13\n\nWhen restraining order ends—serious offences\ns 48 table renum R3 LA\nam A2005-5 s 19; A2008-44 amdt 1.13\nWhen unexplained wealth restraining order ends\ns 48A ins A2020-33 s 26\nExtension of time for restraining orders\ns 49 am A2008-44 amdt 1.13\nRestraining orders—registration in statutory property registers\ns 50 am A2013-11 amdt 1.3, amdt 1.4; ss renum R19 LA; A2016-13\namdt 1.37\nPenalty orders—execution against restrained property\ns 51 hdg sub A2006-23 amdt 1.43\nMeaning of conviction forfeiture order\ns 52 am A2008-44 amdt 1.13\nConviction forfeiture orders—application\ns 53 am A2008-44 amdt 1.13\nConviction forfeiture orders—making\ns 54 am A2008-44 amdt 1.13\nAutomatic forfeiture—court orders\ns 60 am A2016-13 amdt 1.37\nCivil forfeiture orders—making\ns 67 am A2005-5 s 19\nCivil forfeiture order proceedings—restrictions on disclosure\ns 69 am A2015-50 amdt 3.55\nMeaning of exclusion order\ns 72 am A2020-42 s 28\nEffect of exclusion order\ns 74 am A2020-42 s 29\nExclusion orders—application\ns 75 am A2020-42 s 30\nMaking of exclusion orders—ordinary offences\ns 76 hdg am A2008-44 amdt 1.13\ns 76 am A2008-44 amdt 1.13; A2021-6 s 6, s 7\nMaking of exclusion orders—serious offences\ns 77 am A2021-6 s 8, s 9\nMaking of exclusion orders—unexplained wealth\ns 77A ins A2020-42 s 31\n\nMeaning of benefits derived by an offender\ns 80 am A2003-56 amdt 3.127\nPenalty orders—application\ns 83 am A2008-44 amdt 1.5, amdt 1.13\nPenalty orders—offenders convicted of ordinary offences\ns 84 hdg am A2008-44 amdt 1.13\ns 84 am A2008-44 amdt 1.13\nPenalty orders—commission of serious offences\ns 85 am A2005-5 s 19\nPenalty orders—amount of penalty\ns 86 am A2006-23 amdt 1.44\n(3) (d) note exp 2 June 2011 (see A2005-58 s 147 (2) (a))\nMeaning of narcotic substance and property for div 7.3\ns 90 am A2019-23 s 7, s 8\nPresumed value of benefits—ordinary offence\ns 91 hdg am A2008-44 amdt 1.13\ns 91 am A2008-44 amdt 1.13\nValue of benefits—relevant matters\ns 93 am A2008-44 amdt 1.13\nCreation of penalty charge over restrained property\ns 94 am A2010-15 amdt 2.1; pars renum R16 LA\nWhen penalty charge over property ends\ns 95 am A2008-44 amdt 1.13; A2016-13 amdt 1.37\nPower to satisfy penalty order\ns 96 am A2016-13 amdt 1.37\nPublic trustee and guardian to repay any amount surplus to satisfying\npenalty order\ns 97 hdg am A2016-13 amdt 1.37\ns 97 am A2016-13 amdt 1.37\nWhen penalty order ends\ns 98 am A2008-44 amdt 1.13\nUnexplained wealth orders\npt 7A hdg ins A2020-33 s 27\nGeneral\ndiv 7A.1 hdg ins A2020-33 s 27\nMeaning of unexplained wealth order\ns 98A ins A2020-33 s 27\n\nMaking unexplained wealth orders\ndiv 7A.2 hdg ins A2020-33 s 27\nUnexplained wealth orders—application\ns 98B ins A2020-33 s 27\nUnexplained wealth order—affidavit supporting application\ns 98C ins A2020-33 s 27\nUnexplained wealth orders—making\ns 98D ins A2020-33 s 27\nUnexplained wealth orders—assessment of unexplained wealth\ns 98E ins A2020-33 s 27\nUnexplained wealth orders—hardship relief\ns 98F ins A2020-33 s 27\nSatisfaction of unexplained wealth order\ndiv 7A.3 hdg ins A2020-33 s 27\nCreation of unexplained wealth charge over restrained property\ns 98G ins A2020-33 s 27\nWhen unexplained wealth charge over property ends\ns 98H ins A2020-33 s 27\nUnexplained wealth orders—enforceable as judgment debt\ns 98I ins A2020-33 s 27\nPower to satisfy unexplained wealth order\ns 98J ins A2020-33 s 27\nPublic trustee and guardian to repay any amount surplus to satisfying\nunexplained wealth order\ns 98K ins A2020-33 s 27\nEnd of unexplained wealth order\ndiv 7A.4 hdg ins A2020-33 s 27\nWhen unexplained wealth order ends\ns 98L ins A2020-33 s 27\nManagement of restrained property by public trustee and guardian\ndiv 8.1 hdg am A2016-13 amdt 1.37\nApplication of div 8.1\ns 99 am A2016-13 amdt 1.37\nPowers of public trustee and guardian to preserve restrained property etc\ns 100 hdg am A2016-13 amdt 1.37\ns 100 am A2016-13 amdt 1.37\n\nSale, modification or destruction of property by public trustee and guardian\ns 101 hdg am A2016-13 amdt 1.37\ns 101 am A2016-13 amdt 1.37\nNotice of sale, modification or destruction of restrained property by public\ns 102 hdg am A2016-13 amdt 1.37\ns 102 am A2016-13 amdt 1.37\nEmergency modification or destruction of restrained property\ns 103 am A2016-13 amdt 1.37\nNotice details to be included in public trustee and guardian’s report\ns 104 hdg am A2016-13 amdt 1.36\ns 104 am A2004-9 amdt 1.12; A2016-13 amdt 1.36, amdt 1.37\nOrder to stop sale, modification or destruction of restrained property\ns 105 am A2015-50 amdt 3.51; A2016-13 amdt 1.37\nMeaning of interested person in pt 9\ns 107 am A2016-13 amdt 1.37\nForfeited property—powers of public trustee and guardian\ns 108 hdg am A2016-13 amdt 1.37\ns 108 am A2016-13 amdt 1.36, amdt 1.37\nDisposal of forfeited property\ns 111 am A2016-13 amdt 1.37\nInconsistency with Trustee Act or Conveyancing Act\ns 115 am A2006-38 amdt 1.3\nReturn or compensation orders—making\ns 123 am A2016-13 amdt 1.37\nBuyback orders—buying interest in property\ns 127 am A2016-13 amdt 1.37\nPreliminary\ndiv 10.1 hdg ins A2019-23 s 9\nDefinitions—pt 10\ns 127A ins A2019-23 s 9\ndef corresponding proceeds ins A2019-23 s 9\ndef national cooperative scheme ins A2019-23 s 9\ndef national cooperative scheme on unexplained wealth\nins A2019-23 s 9\ndef NCSUW agreement ins A2019-23 s 9\ndef proceeds of confiscated assets ins A2019-23 s 9\ndef shareable ins A2019-23 s 9\nEstablishment and payments into and out of the trust fund\ndiv 10.2 hdg ins A2019-23 s 9\n\nDefinitions—div 10.2\ns 128 hdg sub A2019-23 s 10\ns 128 am A2019-23 s 11\ndef distributable funds am A2016-13 amdt 1.37\nMeaning of equitable sharing program\ns 129 am A2008-44 amdt 1.6, amdt 1.13; A2015-50 amdt 3.55;\nA2019-23 s 12, s 13\nPayments into trust fund\ns 131 am A2011-22 amdt 1.100; A2016-13 amdt 1.37;\nA2019-23 s 14; A2020-33 s 28; pars renum R30 LA\nPurposes of trust fund\ns 132 am A2016-13 amdt 1.37; A2019-23 s 15\nPayments from trust fund\ns 133 am A2016-13 amdt 1.37\nReview of reserved and distributable funds by public trustee and guardian\ns 135 hdg am A2016-13 amdt 1.37\ns 135 am A2016-13 amdt 1.37\nNational cooperative scheme on unexplained wealth\ndiv 10.3 hdg ins A2019-23 s 16\nImportant concepts\nsdiv 10.3.1 hdg ins A2019-23 s 16\nDefinitions—div 10.3\ns 135A ins A2019-23 s 16\ndef CJC subcommittee ins A2019-23 s 16\ndef contributing jurisdiction ins A2019-23 s 16\ndef contribution ins A2019-23 s 16\ndef cooperating jurisdiction committee ins A2019-23 s 16\ndef cooperating State ins A2019-23 s 16\ndef decision-making period ins A2019-23 s 16\ndef non-participating State ins A2019-23 s 16\ndef participating State ins A2019-23 s 16\nMeaning of decision-making period—div 10.3\ns 135B ins A2019-23 s 16\nSharing with the Commonwealth or a State\nsdiv 10.3.2 hdg ins A2019-23 s 16\nPurpose of subdiv 10.3.2\ns 135C ins A2019-23 s 16\nShareable proceeds of the Territory to be reduced to net amount\ns 135D ins A2019-23 s 16\n\nCooperating jurisdiction committee to establish CJC subcommittee\ns 135E ins A2019-23 s 16\nNon-participating non-cooperating States’ share\ns 135F ins A2019-23 s 16\nParticipating States’, cooperating States’ and Northern Territory’s share\ns 135G ins A2019-23 s 16\nWhen decisions about amounts may be made\ns 135H ins A2019-23 s 16\nPayment period\ns 135I ins A2019-23 s 16\nInterstate restraining and forfeiture orders etc—registration\ns 137 ins A2020-33 s 29\nInterstate restraining and forfeiture orders etc—interim registration\ns 138 am A2020-33 s 30\nInterstate restraining and forfeiture orders etc—effect of registration\ns 139 am A2020-33 s 31; ss renum R30 LA\nInterstate restraining and forfeiture orders etc—ending of registration\ns 140 am A2020-33 s 32\nInterstate restraining and forfeiture orders etc—cancellation of registration\ns 141 am A2020-33 s 33, s 34\nCreation of interstate penalty charges\ns 142 am A2008-44 amdt 1.13; A2016-37 amdt 1.17, amdt 1.18\nMeaning of property-tracking document\ns 157 am A2008-44 amdt 1.7, amdt 1.13\nProduction orders—application\ns 158 am A2008-44 amdt 1.13\nDefinitions for div 12.5\ns 164 def investigation am A2008-44 amdt 1.13\nConduct of examination\ns 176 am A2003-48 amdt 2.2; A2015-40 amdt 1.3, amdt 1.4\nExaminations—additional restrictions on disclosure\ns 179 am A2015-50 amdt 3.55\nProtection of authorised investigator etc\ns 180 am A2022-14 amdt 3.51\nDestruction etc of documents\ns 190 am A2008-44 amdt 1.8, amdt 1.13\n\nDefinitions for pt 13\ns 195 def issuing officer am A2018-40 s 4; A2023-37 amdt 1.4\ndef target material am A2008-44 amdt 1.13\nAuthorisation given by search warrants\ns 202 am A2008-44 amdt 1.13\nExecuting search warrants\ndiv 13.4 hdg note am A2011-48 amdt 1.14\nSearch warrants—restrictions on personal searches\ns 211 am A2003-14 amdt 1.19, amdt 1.20; ss renum R1 LA (see\nA2003-8 amdt 1.21); A2015-50 amdt 3.55; A2022-14\namdt 3.52\nSearch warrants—announcement before entry\ns 213 am A2022-14 amdt 3.53\nPerson with knowledge of computer or computer system to assist access etc\ns 220 am A2015-50 amdt 3.55\nCopies of seized things to be provided\ns 222 am A2004-42 amdt 3.22\nTransfer of things seized to public trustee and guardian\ns 230 hdg am A2016-13 amdt 1.37\ns 230 am A2016-13 amdt 1.37\nMeaning of confiscation proceeding\ns 236 am A2020-33 s 35; pars renum R30 LA\nJurisdiction of Magistrates Court—confiscation proceedings\ns 239 am A2004-60 amdt 1.76, amdt 1.77; A2008-44 amdt 1.13\nRestricted access proceedings—notice of applications etc\ns 243 am A2016-13 amdt 1.37\nOther confiscation proceedings—notice of applications etc\ns 244 am A2005-60 amdt 1.14; A2016-13 amdt 1.37\nApplications for another confiscation proceeding in relation to same offence\ns 245 am A2005-60 amdt 1.15\nConfiscation proceedings—relevant material\ns 248 am A2011-48 amdt 1.15\nConfiscation proceedings—witness not required to answer questions\nprejudicing investigation\ns 249 am A2008-44 amdt 1.13\nConfiscation proceedings—additional orders\ns 250 am A2016-13 amdt 1.37\n\nConfiscation proceedings—notice of making orders\ns 253 am A2016-13 amdt 1.37\nReview of unexplained wealth provisions\ns 258A ins A2020-33 s 36\nexp 29 August 2023 (s 258A (2))\nins A2024-12 s 5\nexp 3 August 2027 (s 258A (2))\nApproved forms\ns 259 am A2015-50 amdt 3.52\nConsequential and transitional matters\npt 16 hdg exp 15 August 2005 (s 269)\nRepeal of Proceeds of Crime legislation\ns 261 om LA s 89 (3)\nOrders under repealed Act\ns 262 exp 15 August 2005 (s 269)\nProceedings for offences committed before the commencement of this Act\ns 263 exp 15 August 2005 (s 269)\nUse of information etc obtained under repealed Act\ns 264 exp 15 August 2005 (s 269)\nConfiscated assets trust fund\ns 265 exp 15 August 2005 (s 269)\nTransitional regulations\ns 266 exp 15 August 2005 (s 269)\nModification of pt 16’s operation\ns 267 exp 15 August 2005 (s 269)\nAmendments of other legislation—sch 1\ns 268 om LA s 89 (3)\nExpiry of pt 16\ns 269 exp 15 August 2005 (s 269)\nAmendments of other legislation\nsch 1 om LA s 89 (3)\ndict am A2003-14 amdt 1.22; A2005-5 s 17; A2008-44 amdt 1.9;\nA2016-13 amdt 1.37\ndef artistic profits am A2015-50 amdt 3.53\ndef CJC subcommittee ins A2019-23 s 17\ndef contributing jurisdiction ins A2019-23 s 17\ndef contribution ins A2019-23 s 17\ndef cooperating jurisdiction committee ins A2019-23 s 17\n\ndef cooperating State ins A2019-23 s 17\ndef corresponding proceeds ins A2019-23 s 17\ndef decision-making period ins A2019-23 s 17\ndef dependant ins A2020-33 s 37\ndef distributable funds sub A2019-23 s 18\ndef equitable sharing program sub A2019-23 s 18\ndef financial institution am A2017-8 amdt 2.1\ndef fully satisfied am A2016-13 amdt 1.37\nsub A2020-33 s 38\ndef indictable offence om A2008-44 amdt 1.10\ndef in relation to am A2015-50 amdt 3.55\ndef interstate unexplained wealth order ins A2020-33 s 39\ndef national cooperative scheme ins A2019-23 s 19\ndef national cooperative scheme on unexplained wealth\nins A2019-23 s 19\ndef NCSUW agreement ins A2019-23 s 19\ndef non-participating State ins A2019-23 s 19\ndef ordinary indictable offence om A2008-44 amdt 1.11\ndef ordinary offence ins A2008-44 amdt 1.11\ndef participating State ins A2019-23 s 19\ndef present om A2005-5 s 18\ndef proceeds of confiscated assets ins A2019-23 s 19\ndef relevant offence ins A2008-44 amdt 1.12\ndef reserved funds sub A2019-23 s 20\ndef serious criminal activity ins A2020-33 s 40\ndef shareable ins A2019-23 s 21\ndef statutory property register am A2012-21 amdt 3.8\ndef total wealth ins A2020-33 s 41\ndef transaction suspension order am A2015-50 amdt 3.54\ndef unexplained wealth charge ins A2020-33 s 42\ndef unexplained wealth order ins A2020-33 s 42\ndef unexplained wealth provision ins A2020-33 s 42\ndef unexplained wealth restraining order ins A2020-33 s 42\ndef wealth ins A2020-33 s 43\n\nEarlier republications 5\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication No Amendments to Republication date\n1 A2003-14 15 August 2003\n2 A2003-56 19 December 2003\n3 A2004-9 13 April 2004\n4 A2004-9 30 April 2004\n5 A2004-42 25 August 2004\n6 A2004-60 10 January 2005\n7 A2005-5 24 February 2005\n8 A2005-5 16 August 2005\n9 A2005-60 22 December 2005\n10 A2006-23 2 June 2006\n11 A2006-38 28 March 2007\n12 A2008-44 27 February 2009\n13* A2008-44 30 May 2009\n14 A2010-15 3 June 2011\n15 A2011-22 1 July 2011\n16 A2011-22 30 January 2012\n17 A2011-48 1 March 2012\n18 A2012-21 5 June 2012\n19 A2013-11 4 April 2013\n20 A2015-50 9 December 2015\n\n5 Earlier republications\nRepublication No Amendments to Republication date\n21 A2016-13 1 April 2016\n22 A2016-13 4 May 2016\n23 A2016-37 29 June 2016\n24 A2017-8 1 May 2017\n25 A2018-40 8 November 2018\n26 A2019-17 21 June 2019\n27 A2019-23 15 August 2019\n28 A2019-32 10 October 2019\n29 A2020-42 28 August 2020\n30 A2020-33 29 August 2020\n31 A2021-6 9 April 2021\n32 A2022-14 24 August 2022\n33 A2022-14 30 August 2023\n34 A2023-37 30 September 2023","sortOrder":300}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":776},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2003 scope. Major additions include: Part 7A (Unexplained Wealth Orders) introduced in 2018-2019; Division 10.3 establishing the National Cooperative Scheme on Unexplained Wealth for interstate asset sharing; enhanced information gathering powers including examination orders (Division 12.5); and detailed provisions for managing restrained property. The 2024 amendments further refined unexplained wealth calculations and hardship provisions. The Act now covers not just proceeds of crime but also 'unexplained wealth' derived from unspecified serious criminal activity, representing a shift toward broader asset confiscation based on wealth disparity rather than proven offence linkage."},"complexity_factors":["260+ sections across 15 Parts with extensive cross-referencing","Multiple overlapping order types (restraining, forfeiture, penalty, unexplained wealth) with different rules","Complex defined terms including 47+ dictionary entries with signpost definitions","Nested conditional logic: automatic forfeiture triggers, time limits, and exceptions vary by offence type (ordinary vs serious)","Extensive procedural requirements: affidavit contents, notice periods, court jurisdictions, disclosure restrictions","Interstate cooperation mechanisms and national unexplained wealth scheme","Multiple burden of proof standards (criminal vs civil) applied differently across proceedings","Detailed property valuation rules with presumptions and rebuttable assumptions","Strict liability offences throughout with layered disclosure prohibitions","Joint ownership, bankruptcy, and family law intersections"],"plain_english_summary":"**What this law does:**\n\nThis is the ACT's main law for taking away money and property that criminals have gained from illegal activity. It gives police and courts powerful tools to freeze, seize, and sell assets linked to crime—even without a criminal conviction in some cases.\n\n**Key things the law allows:**\n\n- **Restraining orders** – Courts can freeze property (bank accounts, houses, cars, etc.) to stop criminals from hiding or selling it. This can happen *before* anyone is convicted.\n\n- **Forfeiture** – Property can be permanently taken by the government. This happens automatically in some cases (like after a serious conviction), or through court orders.\n\n- **Penalty orders** – Courts can order criminals to pay money equal to the value of benefits they got from crime.\n\n- **Unexplained wealth orders** – If someone has expensive assets they can't explain legally, courts can order them to pay the value of that \"unexplained wealth\" to the government.\n\n- **Information gathering powers** – Police can get special orders to monitor bank accounts, demand documents, examine people under oath, and search premises.\n\n**Who it affects:**\n\n- People suspected of serious crimes (punishable by 5+ years in prison)\n- Anyone whose property is linked to crime—even if they weren't the criminal\n- Banks and financial institutions (who must comply with information requests)\n- Family members and business associates of suspects\n\n**Why it matters:**\n\nThe law aims to make crime unprofitable. It operates on a \"civil\" standard (balance of probabilities, not beyond reasonable doubt), making it easier to target assets than to prove criminal guilt. It also includes special protections for innocent third parties and hardship provisions for dependants.\n\n**Important features:**\n\n- Applies to property anywhere in the world\n- Can operate even if someone is acquitted of criminal charges\n- Creates a trust fund from confiscated assets to fund law enforcement and victim support\n- Has strict secrecy rules—disclosing certain orders is a criminal offence"},"summary":{"name":"Confiscation of Criminal Assets Act 2003","slug":"confiscation-of-criminal-assets-act-2003","title_id":"a-2003-8","version_id":23271,"analysis_type":"summary","content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"Complete Act   15 Parts covering the full confiscation regime in the ACT, including restraint, forfeiture, exclusion, penalty orders, unexplained wealth, information gathering and interstate orders."},"complexity_factors":["Multiple parallel confiscation pathways (conviction, automatic, civil, unexplained wealth) with different evidentiary thresholds","Reversed burden of proof in unexplained wealth proceedings","Third party interests must be protected through exclusion order proceedings","Extensive information-gathering powers and search warrants with criminal penalties","Source document is highly repetitive due to consolidation format"],"plain_english_summary":"The Confiscation of Criminal Assets Act 2003 (ACT) is the primary legislation in the Australian Capital Territory governing the confiscation of property derived from, or used in, the commission of criminal offences. It provides courts with five main types of orders: restraining orders (to freeze property pending further action), conviction forfeiture orders (to forfeit property connected to an offence on conviction), automatic forfeiture (on conviction for serious offences), civil forfeiture orders (to forfeit property without a conviction where a serious offence is proved on the balance of probabilities), and penalty orders (requiring payment of an amount equal to the benefits derived from an offence).\n\nA distinctive feature is the unexplained wealth scheme in Part 7A. A court may make an unexplained wealth restraining order and, ultimately, an unexplained wealth order requiring a person to pay the Territory the assessed value of wealth that cannot be shown to have been lawfully acquired. The burden effectively shifts to the person to explain the legitimate source of their wealth.\n\nThe Act defines 'tainted property' broadly (section 10) to include property used in or derived from an offence, as well as property derived from such property. 'Serious offence' (section 13) generally means an offence punishable by imprisonment for 5 years or more. A 'serious criminal activity' concept (section 11C) underpins the unexplained wealth provisions.\n\nProperty may be restrained and forfeited even where it is not the offender's property, making third party interests a significant practical issue. The Act provides exclusion order processes (Part 6) for third parties to protect legitimate interests.\n\nPart 12 contains extensive information-gathering powers, and Part 13 creates search warrant powers. Interstate orders are recognised under Part 11."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original focus on confiscating property derived from or used in crime. The addition of unexplained wealth orders (2020) and a national cooperative scheme for sharing proceeds (2019) broadened its reach beyond direct criminal proceeds to include any wealth that cannot be lawfully explained, and to facilitate interjurisdictional cooperation. The definition of 'serious offence' has also been widened, and civil forfeiture now operates without requiring a conviction."},"complexity_factors":["Very long Act (over 260 pages, 260 sections plus extensive dictionary)","Multiple overlapping confiscation mechanisms (restraining orders, conviction forfeiture, automatic forfeiture, civil forfeiture, penalty orders, unexplained wealth orders)","Extensive defined terms (over 100 entries in the dictionary, plus signpost definitions)","Complex conditional logic for when orders begin, end, and interact (e.g., tables in ss 47-48)","Cross-references to other Acts (Criminal Code, Legislation Act, Land Titles Act, etc.)","Detailed procedural rules for courts and information-gathering (search warrants, examination orders, production orders)","Nested exceptions and exclusions (e.g., exclusion orders from forfeiture, hardship provisions)","National cooperative scheme for sharing unexplained wealth proceeds adds another layer","Frequent use of 'note' and 'example' sections that are not operative but aid interpretation"],"plain_english_summary":"This ACT law lets courts freeze and seize property linked to criminal activity. It covers property used in or derived from offences, and also 'unexplained wealth' – assets that seem excessive and can't be lawfully explained. The law can act even if no one has been convicted (civil forfeiture), and creates a fund to hold confiscated money for purposes like crime prevention and victim support. It affects offenders, but also third parties who may hold tainted property. The government must prove its case on the balance of probabilities (civil standard), but the burden may shift to the person claiming property is legitimate."}},"importantCases":[],"_links":{"self":"/api/acts/confiscation-of-criminal-assets-act-2003","history":"/api/acts/confiscation-of-criminal-assets-act-2003/history","analysis":"/api/acts/confiscation-of-criminal-assets-act-2003/analysis","conflicts":"/api/acts/confiscation-of-criminal-assets-act-2003/conflicts","importantCases":"/api/acts/confiscation-of-criminal-assets-act-2003/important-cases","documents":"/api/acts/confiscation-of-criminal-assets-act-2003/documents"}}