{"id":"criminal-assets-confiscation-act-2005","name":"Criminal Assets Confiscation Act 2005","slug":"criminal-assets-confiscation-act-2005","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31845,"registerId":"sa-criminal-assets-confiscation-act-2005-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n1—Short title\nThis Act may be cited as the Criminal Assets Confiscation Act 2005.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nabscond—see section 4;\naccount means any facility or arrangement through which a financial institution accepts deposits or allows withdrawals and includes a facility or arrangement for—\n\t(a)\ta fixed term deposit; and\n\t(b)\ta safety deposit box or other safe custody facility;\nAdministrator means the person appointed as the Administrator under section 190;\nagent includes, if the agent is a corporation, the officers and agents of the corporation;\nAustralia, when used in a geographical sense, includes the external Territories;\nauthorised officer means—\n\t(b)\ta police officer; or\n\t(c)\ta member, officer or employee of an enforcement agency who is authorised in writing by the head of that agency for the purposes of this Act;\nbenefit includes a service or advantage;\ncharged—a person is charged with an offence if an information or complaint is laid against the person for the offence whether or not—\n\t(a)\ta summons to require the attendance of the person to answer the information or complaint has been issued; or\n\t(b)\ta warrant for the arrest of the person has been issued;\ncompensation order means an order made under section 61;\nconfiscation order means a forfeiture order, a pecuniary penalty order or a literary proceeds order;\ncontrolled property means property subject to an order under section 39;\nconvicted—see section 5;\nconviction day—see section 5;\nconviction offence, in relation to a prescribed drug offender, has the meaning given in section 6A;\ncorresponding law means a law declared to be a corresponding law under section 12;\ncourt means—\n\t(a)\tthe Supreme Court; or\n\t(b)\tthe District Court; or\n\t(c)\tsubject to section 14, the Magistrates Court;\ndata includes data in any form in which it may be stored or processed in a computer (including a computer program or part of a computer program);\ndata storage device means any article or material (for example, a disk) from which information is capable of being reproduced, with or without the aid of any other article or device;\ndeal with—dealing with a person's property includes—\n\t(a)\tif a debt is owed to the person—making a payment to a person in reduction of the amount of the debt; and\n\t(b)\tremoving the property from the State; and\n\t(c)\treceiving or making a gift of the property; and\n\t(d)\tif the property is covered by a restraining order—engaging in a transaction that has the direct or indirect effect of reducing the value of the person's interest in the property;\ndependant of a person means—\n\t(a)\ta spouse or domestic partner of the person; or\n\t(b)\ta child of the person who depends on the person for support; or\n\t(c)\ta member of the person's household who depends on the person for support;\nderived—a person derives proceeds, a benefit or literary proceeds if —\n\t(a)\tthe person; or\n\t(b)\tanother person at the request or direction of the first person,\nderives the proceeds, benefit or literary proceeds, whether directly or indirectly;\ndirector, in relation to a financial institution or a corporation, means—\n\t(a)\tif the institution or corporation is a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory—a constituent member of the body corporate; and\n\t(b)\tany person occupying or acting in the position of director of the institution or corporation, by whatever name called and whether or not validly appointed to occupy, or duly authorised to act in, the position; and\n\t(c)\tany person in accordance with whose directions or instructions the directors of the institution or corporation are accustomed to act, other than when those directors only do so—\n\t(i)\tin the proper performance of the functions attaching to the person's professional capacity; or\n\t(ii)\tin their business relationship with the person;\ndocument includes—\n\t(a)\tany paper or other material on which there is writing; and\n\t(b)\tany paper or other material on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; and\n\t(c)\tany article or material from which sounds, images or writings are capable of being reproduced with or without the aid of any other article or device; and\n\t(d)\tany map, plan, drawing, graph or photograph;\ndomestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;\nDPP means the Director of Public Prosecutions and includes a person acting in the position of Director of Public Prosecutions;\ndrug means a substance that is a controlled drug within the meaning of the Controlled Substances Act 1984;\neffective control—see section 6;\nencumbrance, in relation to property, includes any interest, mortgage, charge, right, claim or demand in respect of the property;\nenforcement agency means—\n\t(b)\tan agency prescribed by regulation as an enforcement agency for the purposes of this Act or specified provisions of this Act;\nexamination notice means a notice given under section 133;\nexamination order means an order under section 131 or 132 that is in force;\nexclusion order means an order under section 58 or 59;\nexecutive officer in relation to a financial institution or a corporation, means any person, by whatever name called and whether or not the person is a director of the institution or corporation, who is concerned, or takes part, in the management of the institution or corporation;\nfinancial institution means—\n\t(a)\tan ADI; or\n\t(b)\ta friendly society; or\n\t(c)\tan institution of a kind declared by regulation to be a financial institution;\nforeign forfeiture order has the same meaning as in the Mutual Assistance Act;\nforeign offence includes an offence against international law;\nforeign pecuniary penalty order has the same meaning as in the Mutual Assistance Act;\nforeign restraining order has the same meaning as in the Mutual Assistance Act;\nforfeiture order means an order under section 47 that is in force;\nfreezing order means an order under section 17 that is in force;\ninstrument—see section 7;\ninstrument substitution declaration means a declaration under section 48;\ninterest, in relation to property or a thing, means—\n\t(a)\ta legal or equitable estate or interest in the property or thing; or\n\t(b)\ta right, power or privilege in connection with the property or thing,\nwhether present or future and whether vested or contingent;\nlegal assistance costs means the costs of providing legal assistance to an assisted person under the Legal Services Commission Act 1977 (see section 5(2) of that Act);\nliterary proceeds—see section 110;\nliterary proceeds amount—see section 113;\nliterary proceeds order means an order under section 111 that is in force;\nmonitoring order means an order under section 165 that is in force;\nMutual Assistance Act means the Mutual Assistance in Criminal Matters Act 1987 of the Commonwealth as in force from time to time;\nofficer, in relation to a financial institution or a corporation, means a director, secretary, executive officer or employee;\npecuniary penalty order means an order under section 95 that is in force;\npenalty amount—see section 99;\npremises means a building, structure or place (whether built on or not and whether enclosed or unenclosed) and includes an aircraft, vessel or vehicle;\nprescribed drug offender—see section 6A;\nproceeds—see section 7;\nproduction order means an order under section 150 that is in force;\nproperty means real or personal property (tangible or intangible) including—\n\t(a)\ta chose in action; and\n\t(b)\tan interest in property;\nproperty-tracking document—see section 149;\nprotected property of a person means property owned by or subject to the effective control of the person that is of a class declared by regulation for the purposes of this definition;\nquashed—see section 8;\nreciprocating State means a State or Territory in which a corresponding law is in force;\nrecognised Australian forfeiture order means an order that is made under a corresponding law and is of a kind declared by the regulations to be within this definition;\nrecognised Australian pecuniary penalty order means an order that is made under a corresponding law and is of a kind declared by the regulations to be within this definition;\nrecognised Australian restraining order means an order that is made under a corresponding law and is of a kind declared by the regulations to be within this definition;\nregistrable property means property the title to which is passed by registration on a register kept pursuant to a provision of a law of the State or any other law;\nregistration authority means an authority responsible for administering a law providing for registration of title to, or charges over, property of a particular kind;\nrelated offence—an offence is related to another offence if the physical elements of the 2 offences are substantially the same acts or omissions;\nresponsible custodian, in relation to property or other material seized under this Act, means—\n\t(a)\tif the property or other material is seized by the DPP—the DPP; or\n\t(b)\tin any other case—the head of the enforcement agency of the authorised officer who seized the property or other material;\nrestraining order means an order under section 24 that is in force;\nsearch warrant means a warrant issued under section 172 that is in force;\nserious and organised crime has the same meaning as in the Australian Crime Commission (South Australia) Act 2004;\nserious offence means—\n\t(a)\tan indictable offence; or\n\t(c)\tan offence against—\n\t(i)\tsection 68(3) of the Criminal Law Consolidation Act 1935; or\n\t(ii)\tan offence against section 52, 53, 72 or 74 of the Fisheries Management Act 2007; or\n\t(iii)\tsection 99 of the Liquor Licensing Act 1997; or\n\t(iv)\ta provision of the Lottery and Gaming Act 1936; or\n\t(v)\tsection 47, 48, 48A, 51 or 60 of the National Parks and Wildlife Act 1972; or\n\t(vi)\tsection 28(1)(a) or 41 of the Summary Offences Act 1953; or\n\t(d)\ta foreign offence declared by the regulations to be within the ambit of this definition;\nspouse—a person is the spouse of another if they are legally married;\nsufficient consideration, in relation to an acquisition or disposal of property, means consideration that is sufficient and that reflects the value of the property, having regard solely to commercial considerations;\nsuspect, in relation to a restraining order or a confiscation order, means a person who—\n\t(a)\thas been convicted of; or\n\t(b)\thas been charged with, or is proposed to be charged with; or\n\t(c)\tif the order is a restraining order—is suspected of having committed; or\n\t(d)\tif the order is a confiscation order—committed,\nthe offence or offences to which the order relates;\ntainted property means—\n\t(a)\tproceeds of a serious offence; or\n\t(b)\tan instrument of a serious offence or property subject to an instrument substitution declaration; or\n\t(c)\tproperty owned by, or subject to the effective control of, a prescribed drug offender on the conviction day for the conviction offence (other than protected property of the prescribed drug offender); or\n\t(d)\tproperty owned by, or subject to the effective control of, a person who has been charged with, or is proposed to be charged with, an offence where the person would, if convicted of the offence, become a prescribed drug offender (other than protected property of the person);\nunlawful activity means an unlawful act or omission—\n\t(a)\tthat constitutes a serious offence; or\n\t(b)\tthat would, if committed in this State, constitute a serious offence;\nvehicle includes an aircraft or vessel;\nVictims of Crime Fund means the fund of that name continued in existence under the Victims of Crime Act 2001.\n\t(2)\tA reference in this Act to an indictable offence includes an indictable offence of a kind that is required to be prosecuted, and dealt with by the Magistrates Court, as a summary offence under a provision of any Act.\n4—Meaning of abscond\n\t(1)\tFor the purposes of this Act, a person is taken to abscond in connection with an offence if—\n\t(a)\tan information or complaint is laid alleging the person committed the offence; and\n\t(b)\ta warrant for the person's arrest is issued in relation to that information or complaint; and\n\t(c)\tat the end of the period of 6 months commencing on the day on which the warrant is issued either—\n\t(i)\tthe person—\n\t(A)\tcannot be found; or\n\t(B)\tis, for any other reason, not amenable to justice and, if the person is in a jurisdiction outside Australia, extradition proceedings are not on foot in that jurisdiction; or\n\t(ii)\t—\n\t(A)\tthe person is, because he or she is in a jurisdiction outside Australia, not amenable to justice; and\n\t(B)\textradition proceedings are on foot in that jurisdiction,\nand subsequently those proceedings terminate without an order for the person's extradition being made.\n\t(2)\tFor the purposes of subsection (1), extradition proceedings are not taken to be on foot in a jurisdiction unless the person is in custody, or is on bail, in that jurisdiction.\n5—Meaning of convicted of an offence\n\t(1)\tFor the purposes of this Act, a person is taken to be convicted of an offence if—\n\t(a)\tthe person is convicted, whether summarily or on indictment, of the offence (and in such a case the conviction day for the purposes of this Act is the day on which the person was convicted, whether or not the court passed sentence on that day); or\n\t(b)\tthe person is charged with, and found guilty of, the offence but is discharged without conviction (and in such a case the conviction day for the purposes of this Act is the day on which the person was discharged without conviction); or\n\t(c)\ta court, with the consent of the person, takes the offence, of which the person has not been found guilty, into account in passing sentence on the person for another offence (and in such a case the conviction day for the purposes of this Act is the day on which the court took the offence into account in passing the sentence); or\n\t(d)\tthe person absconds in connection with the offence (and in such a case the conviction day for the purposes of this Act is the day on which the person is taken to have absconded); or\n\t(e)\ta court has, under Part 8A Division 2 of the Criminal Law Consolidation Act 1935, recorded findings that—\n\t(i)\tthe person is mentally incompetent to commit the offence; and\n\t(ii)\tthe objective elements of the offence are established,\n(and in such a case the conviction day for the purposes of this Act is the day on which the court recorded those findings or, if those findings were recorded on different days, the later of the days); or\n\t(f)\ta court has, under Part 8A Division 3 of the Criminal Law Consolidation Act 1935, recorded findings that—\n\t(i)\tthe person is mentally unfit to stand trial on a charge of the offence; and\n\t(ii)\tthe objective elements of the offence are established,\n(and in such a case the conviction day for the purposes of this Act is the day on which the court recorded those findings or, if those findings were recorded on different days, the later of the days).\n\t(2)\tIf subsection (1)(d), (1)(e) or (1)(f) applies to a person, the person is taken—\n\t(a)\tto have committed the offence; and\n\t(b)\tto have been convicted of the offence before an appropriate court.\n6—Meaning of effective control\n\t(1)\tFor the purposes of this Act, the following principles apply when determining whether property is subject to the effective control of a person:\n\t(a)\tproperty may be subject to the effective control of a person whether or not the person has an interest in the property;\n\t(b)\tproperty that is held on trust for the ultimate benefit of a person is taken to be subject to the effective control of the person;\n\t(c)\tif a person is one of 2 or more beneficiaries under a discretionary trust, the following undivided proportion of the trust property is taken to be subject to the effective control of the person:\n\n\t(d)\tif property is initially owned by a person and, within 6 years (whether before or after) of—\n\t(i)\tan application for a restraining order or a confiscation order being made; or\n\t(ii)\tthe person becoming a prescribed drug offender,\nis disposed of to another person without sufficient consideration, then the property is taken still to be subject to the effective control of the first person;\n\t(e)\tproperty may be subject to the effective control of a person even if one or more other persons have joint control of the property.\n\t(2)\tIn determining whether or not property is subject to the effective control of a person, regard may be had to—\n\t(a)\tshareholdings in, debentures over or directorships of a company that has an interest (whether direct or indirect) in the property; and\n\t(b)\ta trust that has a relationship to the property; and\n\t(c)\tfamily, domestic and business relationships between persons having an interest in the property, or in companies of the kind referred to in paragraph (a) or trusts of the kind referred to in paragraph (b), and other persons.\n6A—Meaning of prescribed drug offender\n\t(1)\tFor the purposes of this Act, a person is a prescribed drug offender if the person is convicted of a serious drug offence (the conviction offence) committed after the commencement of this section and—\n\t(a)\tthe conviction offence is a commercial drug offence; or\n\t(b)\tthe person has at least 2 other convictions for prescribed drug offences and those offences and the conviction offence were all committed on separate occasions within a period of 10 years, not including any period during which the person was in government custody.\n\t(2)\tA conviction may be taken into account for the purposes of subsection (1)(b)—\n\t(a)\twhether the offence to which the conviction relates was committed before or after the commencement of this section; and\n\t(b)\twhether or not the offence to which the conviction relates has previously been taken into account for the purposes of any proceeding under this Act; and\n\t(c)\twhether or not the conviction occurs simultaneously with, or in the same proceedings as, the conviction for the conviction offence.\n\t(3)\tIn this section—\ncommercial drug offence means—\n\t(a)\tan offence against section 32(1) or (2), section 33(1) or (2), section 33A(1) or (2), section 33B(1) or (2) or section 33C(1) or (2) of the Controlled Substances Act 1984; or\n\t(b)\tan offence against Part 5 Division 3 of the Controlled Substances Act 1984 involving a commercial quantity or large commercial quantity of a controlled drug;\ndetainee means a person who—\n\t(a)\tis detained in a training centre within the meaning of the Young Offenders Act 1993; or\n\t(b)\tis detained as a result of being declared liable to supervision under Part 8A of the Criminal Law Consolidation Act 1935;\nexternal serious drug offence means an offence against a law or former law of the Commonwealth, of another State or of a Territory of a kind prescribed by regulation;\ngovernment custody means—\n\t(a)\tcustody as a prisoner or detainee; or\n\t(ab)\tcustody under a home detention order under Part 3 Division 7 Subdivision 1 of the Sentencing Act 2017; or\n\t(b)\tcustody under a law of another jurisdiction in the nature of custody referred to in paragraph (a) or (ab);\nprescribed drug offence means—\n\t(a)\ta serious drug offence; or\n\t(b)\tan offence against a former law of the State of a kind prescribed by regulation; or\n\t(c)\tan external serious drug offence;\nserious drug offence means an offence against Part 5 Division 2 or 3 of the Controlled Substances Act 1984 that is an indictable offence.\n7—Meaning of proceeds and instrument of an offence\n\t(1)\tFor the purposes of this Act, the following rules apply when determining whether property is proceeds or an instrument of an offence:\n\t(a)\tproperty is proceeds of an offence if it is—\n\t(i)\twholly derived or realised, whether directly or indirectly, from the commission of the offence; or\n\t(ii)\tpartly derived or realised, whether directly or indirectly, from the commission of the offence,\nwhether the property is situated within or outside the State;\n\t(b)\tproperty is an instrument of an offence if it is—\n\t(i)\tused in, or in connection with, the commission of an offence; or\n\t(ii)\tintended to be used in, or in connection with, the commission of an offence,\nwhether the property is situated within or outside the State;\n\t(c)\tproperty becomes proceeds of an offence or an instrument of an offence (as the case requires) if it is—\n\t(i)\twholly or partly derived or realised from the disposal of, or other dealing with, proceeds of the offence or an instrument of the offence; or\n\t(ii)\twholly or partly acquired using proceeds of the offence or an instrument of the offence,\nincluding as a result of a previous application of this section;\n\t(d)\tproperty remains proceeds of an offence or an instrument of an offence even if it is—\n\t(i)\tcredited to an account; or\n\t(ii)\tdisposed of or otherwise dealt with;\n\t(e)\tproperty can be proceeds of an offence or an instrument of an offence even if no person has been convicted of the offence.\n\t(2)\tSubject to this section, property only ceases to be proceeds of an offence or an instrument of an offence if—\n\t(a)\tit is acquired by a third party for sufficient consideration without the third party knowing, and in circumstances that would not arouse a reasonable suspicion, that the property was proceeds of an offence or an instrument of an offence (as the case requires); or\n\t(b)\tit vests in a person from the distribution of the estate of a deceased person, having been previously vested in a person from the distribution of the estate of another deceased person while the property was still proceeds of an offence or an instrument of an offence (as the case requires); or\n\t(ba)\tit vests in a person from the distribution of the estate of a deceased person in accordance with the forfeiture rule or a forfeiture modification order under the Forfeiture Act 2024 or otherwise vests in a person pursuant to an order of the Supreme Court under that Act; or\n\t(c)\tit has been distributed in accordance with—\n\t(i)\tan order in proceedings under the Family Law Act 1975 of the Commonwealth with respect to the property of the parties to a marriage or de facto relationship, or either of them; or\n\t(ii)\ta financial agreement or Part VIIIAB financial agreement within the meaning of that Act,\nand 6 years have elapsed since that distribution; or\n\t(d)\tit has been distributed in accordance with an order in proceedings under the Domestic Partners Property Act 1996 and 6 years have elapsed since that distribution; or\n\t(e)\tit is acquired by a person as payment for reasonable legal expenses incurred in connection with an application under this Act or defending a criminal charge; or\n\t(f)\ta forfeiture order in respect of the property is satisfied; or\n\t(g)\ta recognised Australian restraining order or a recognised Australian forfeiture order is satisfied in respect of the property; or\n\t(h)\tit is otherwise sold or disposed of under this Act; or\n\t(i)\tin any other circumstances specified in the regulations.\n\t(3)\tIf—\n\t(a)\ta person once owned property that was proceeds of an offence or an instrument of an offence; and\n\t(b)\tthe person ceased to be the owner of the property and (at that time or a later time) the property stopped being proceeds of an offence or an instrument of the offence under subsection (2) (other than under subsection (2)(f)); and\n\t(c)\tthe person acquires the property again,\nthen the property becomes proceeds of an offence or an instrument of the offence again (as the case requires).\n\t(4)\tSubsection (2)(c) does not apply if, despite the distribution referred to in that paragraph, the property is still subject to the effective control of a person who—\n\t(a)\thas been convicted of; or\n\t(b)\thas been charged with, or who is proposed to be charged with; or\n\t(c)\thas committed, or is suspected of having committed,\nthe offence in question.\n8—Meaning of quashing a conviction\nFor the purposes of this Act, a person's conviction of an offence is taken to be quashed if—\n\t(a)\tif the person is taken to have been convicted of the offence because of section 5(1)(a)—the conviction is quashed or set aside; or\n\t(b)\tif the person is taken to have been convicted of the offence because of section 5(1)(b)—the finding of guilt is quashed or set aside; or\n\t(c)\tif the person is taken to have been convicted of the offence because of section 5(1)(c)—either of the following events occur:\n\t(i)\tthe person's conviction of the other offence referred to in that paragraph is quashed or set aside;\n\t(ii)\tthe decision of the court to take the offence into account in passing sentence for that other offence is quashed or set aside; or\n\t(d)\tif the person is taken to have been convicted of the offence because of section 5(1)(d)—after the person is brought before a court in respect of the offence, the person is discharged in respect of the offence or a conviction of the person for the offence is quashed or set aside; or\n\t(e)\tif the person is taken to have been convicted of the offence because of section 5(1)(e) or 5(1)(f)—the finding that the objective elements of the serious offence have been established is set aside or reversed.\n8A—Certain property and benefits not subject to proceedings under Act\n\t(1)\tDespite any provision of this Act, if an unexplained wealth order has been made against a person, any property or benefits that were taken into account as wealth of the person that was not lawfully acquired for the purposes of that order may not be made the subject of proceedings under this Act for a restraining order or a confiscation order (provided that the person is the suspect for the purposes of those proceedings).\n\t(2)\tIn this section—\nunexplained wealth order means an unexplained wealth order under the Serious and Organised Crime (Unexplained Wealth) Act 2009 or a corresponding unexplained wealth order within the meaning of that Act.\n9—Act binds Crown\nThis Act binds the Crown in right of the State and also, so far as the legislative power of the State extends, the Crown in all its other capacities, but not so as to impose any criminal liability on the Crown.\n10—Application of Act\nSubject to any express provision to the contrary, this Act applies to—\n\t(a)\tproperty within or outside the State; and\n\t(b)\ta serious offence committed at any time whether the offence occurred—\n\t(i)\tin the case of a serious offence that is a foreign offence—before or after the foreign offence was declared to be a serious offence under this Act; and\n\t(ii)\tin any case—before or after the commencement of this Act,\nand whether or not a person is convicted of the offence; and\n\t(c)\ta person's conviction of a serious offence (whether the conviction occurred before or after the commencement of this Act).\n11—Interaction with other Acts\nThis Act is in addition to, and does not limit or derogate from, the provisions of any other Act.\n11A—Application of Personal Property Securities Act\nSection 73(2) of the Personal Property Securities Act 2009 of the Commonwealth applies to an interest in property that arises by being created, arising or being provided for under this Act.\n12—Corresponding laws\nThe Governor may, by proclamation—\n\t(a)\tdeclare a law of the Commonwealth, another State or a Territory to be a corresponding law for the purposes of this Act; or\n\t(b)\tvary or revoke a declaration previously made under this section.\n13—Delegation\n\t(1)\tThe DPP or the Administrator may, by instrument in writing, delegate a power or function under this Act—\n\t(a)\tto a particular person; or\n\t(b)\tto the person for the time being occupying a particular position.\n\t(2)\tA power or function delegated under this section may, if the instrument of delegation so provides, be further delegated.\n\t(3)\tA delegation—\n\t(a)\tmay be absolute or conditional; and\n\t(b)\tdoes not derogate from the power of the delegator to act personally in a matter; and\n\t(c)\tis revocable at will.\n\t(4)\tIf functions relating to enforcement of pecuniary penalty orders or literary proceeds orders are delegated to the Chief Recovery Officer under subsection (1)—\n\t(a)\tsection 122(1) of this Act does not apply; and\n\t(b)\tthe Chief Recovery Officer may, subject to any conditions specified in the instrument of delegation, take enforcement action under Part 7 of the Fines Enforcement and Debt Recovery Act 2017, and exercise any functions and powers under that Part (other than functions and powers under section 35) as if—\n\t(i)\tthe person who owes the pecuniary penalty amount or the literary proceeds amount was a debtor (within the meaning of Part 7 of that Act); and\n\t(ii)\tthe amount owed under the pecuniary penalty order or literary proceeds order was a monetary amount that is a pecuniary sum (both within the meaning of Part 7 of that Act).\n\t(5)\tIn this section—\nChief Recovery Officer means the person holding or for the time being acting as the Chief Recovery Officer under the Fines Enforcement and Debt Recovery Act 2017.\n14—Jurisdiction of Magistrates Court\n\t(1)\tDespite any provision of the Magistrates Court Act 1991, the Magistrates Court has jurisdiction to hear and determine any application that may be made to a court under this Act unless the application involves property with a value exceeding $300 000.\n\t(2)\tIf the Magistrates Court makes an order under this Act requiring a person to pay to any other person, or to the Crown, a monetary amount exceeding the amount specified under the Magistrates Court Act 1991 as the monetary limit on the Court's civil jurisdiction in relation to actions to recover a debt—\n\t(a)\tthe Principal Registrar of the Magistrates Court must issue a certificate containing the particulars specified in the regulations in relation to the order; and\n\t(b)\tthe certificate may be registered, in accordance with the regulations, in the District Court and, on registration, is enforceable in all respects as a final judgment of the District Court.\n\t(3)\tFor the avoidance of doubt, no monetary limit applies in relation to the jurisdiction conferred on a magistrate under Part 2.\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"Freezing orders","content":"Part 2—Freezing orders\n15—Interpretation\nIn this Part—\nauthorised police officer means a police officer, or a police officer of a class, authorised under section 16.\n16—Commissioner may authorise police officers for purposes of Part\n\t(1)\tThe Commissioner of Police may authorise—\n\t(a)\ta police officer; or\n\t(b)\ta specified class of police officers,\nfor the purposes of this Part.\n\t(2)\tAn authorisation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be subject to conditions specified in the authorisation; and\n\t(c)\tmay be varied or revoked at any time by the Commissioner of Police by notice in writing.\n17—Authorised police officer may apply for freezing order\n\t(1)\tA magistrate may, on application by an authorised police officer, make an order (a freezing order) that a specified financial institution must not allow any person to make transfers or withdrawals from a specified account or an account of a specified class (except in the manner and circumstances, if any, specified in the order) if satisfied that—\n\t(a)\tthere are reasonable grounds to suspect that the person in whose name the account is held or a person who has an interest in that account—\n\t(i)\thas committed, or is about to commit, a serious offence; or\n\t(ii)\twas involved in the commission, or is about to be involved in the commission, of such an offence; or\n\t(iii)\thas derived a benefit, or is about to derive a benefit, from the commission of such an offence; and\n\t(b)\tan application for a restraining order is likely to be made in respect of property in which—\n\t(i)\tthe person in whose name the account is held has an interest; or\n\t(ii)\tthe person who has an interest in the account has an interest; and\n\t(c)\tit is otherwise appropriate to make the order.\n\t(2)\tIn determining whether it is appropriate to make a freezing order, the magistrate—\n\t(a)\tmust have regard to any hardship that may reasonably be expected to be caused to any person by the operation of the order; and\n\t(b)\tmay have regard to—\n\t(i)\tthe amount of money in the account to be frozen; and\n\t(ii)\twhether the account is held in the name of more than one person; and\n\t(iii)\tany other relevant matter.\n\t(3)\tSubject to section 18, the applicant for a freezing order must submit evidence in support of the application in the form of an affidavit.\n18—Urgent applications\n\t(1)\tAn application for a freezing order may be made by telephone if, in the opinion of the applicant, the order is urgently required and there is not enough time to make the application personally.\n\t(2)\tIf an application for a freezing order is made by telephone—\n\t(a)\tthe applicant must inform the magistrate—\n\t(i)\tof the applicant's name and rank; and\n\t(ii)\tthat he or she is an authorised police officer for the purposes of this Part,\nand the magistrate, on receiving that information, is entitled to assume, without further inquiry, that the applicant is so authorised; and\n\t(b)\tthe applicant must inform the magistrate of the purpose for which the order is required, the grounds on which it is sought and any other information that the magistrate is required to have regard to in considering an application for a freezing order; and\n\t(c)\tif it appears to the magistrate from the information given by the applicant that it would be appropriate to make a freezing order, the magistrate must inform the applicant of the facts that justify, in the magistrate's opinion, the making of the order, and must not proceed to make the order unless the applicant undertakes to make an affidavit verifying those facts; and\n\t(d)\tif the applicant gives such an undertaking, the magistrate may then make the order, noting on the order the facts that justify, in the magistrate's opinion, the making of the order and informing the applicant of the terms of the order; and\n\t(e)\tthe applicant must, as soon as practicable after the making of the order, forward to the magistrate an affidavit verifying the facts referred to in paragraph (c); and\n\t(f)\tthe magistrate must, as soon as practicable after the making of the order, forward to the applicant a copy of the order.\n\t(3)\tA magistrate who makes an order under this section must file the order, or a copy of the order, and the affidavit verifying the grounds on which the application for the order was made, in the Magistrates Court.\n19—Notice of freezing order to be given to financial institution\n\t(1)\tA freezing order issued in relation to an account at a financial institution takes effect on the date and at the time that notice of the order is given to the financial institution in accordance with this section.\n\t(2)\tNotice of a freezing order may be given to a financial institution—\n\t(a)\tby giving the financial institution a copy of the freezing order; or\n\t(b)\tif the applicant for the order was not given a copy of the order at the time the order was made—by giving the financial institution a notice in the prescribed form.\n\t(3)\tIf notice of a freezing order is not given to the relevant financial institution within 72 hours after the order was made, the order will be of no force or effect.\n20—Effect of freezing order\n\t(1)\tFor the purposes of a freezing order, it is irrelevant whether or not money is deposited into the account in relation to which the freezing order was made after the order takes effect.\n\t(2)\tA freezing order does not prevent a financial institution from making withdrawals from an account for the purpose of meeting a liability imposed on the financial institution in connection with that account by any law of the State or the Commonwealth.\n21—Duration of freezing order\n\t(1)\tSubject to this section, a freezing order ceases to be in force on—\n\t(a)\tthe making of a restraining order in respect of the money in the account; or\n\t(b)\tthe expiration of the period of 7 days commencing when the freezing order takes effect,\nwhichever occurs first.\n\t(2)\tAn authorised police officer may apply to a magistrate for an extension of the duration of a freezing order.\n\t(3)\tOn an application under subsection (2), the magistrate—\n\t(a)\tmust have regard to the matters specified in section 17(2)(a) (and may have regard to any matter specified in section 17(2)(b)); and\n\t(b)\tmust not extend the duration of the freezing order unless satisfied that an application for a restraining order in respect of the money in the account is to be made or has been made but not yet determined.\n\t(4)\tAn extension of the duration of a freezing order issued in relation to an account at a financial institution takes effect on the date and at the time that notice of the extension is given to the financial institution in accordance with this section.\n\t(5)\tNotice of the extension may be given to a financial institution by giving the financial institution a notice in the prescribed form.\n\t(6)\tIf the duration of a freezing order is extended in accordance with this section, the freezing order ceases to be in force when the application for the restraining order referred to in subsection (3)(b) has been determined (and if a restraining order is not made in respect of the money in the account, the applicant for the extension must give the financial institution a notice in the prescribed form advising the financial institution of the cessation of the freezing order).\n22—Failure to comply with freezing order\nA financial institution or other person that has been given notice of a freezing order must not, without reasonable excuse, fail to comply with the order.\nMaximum penalty: $100 000.\n23—Offence to disclose existence of freezing order\n\t(1)\tA financial institution that has been given notice of a freezing order made in relation to an account must not, while the order is in force, disclose the existence or operation of the order to any person except—\n\t(a)\ta police officer; or\n\t(b)\tan officer or agent of the financial institution, for the purpose of ensuring that the freezing order is complied with; or\n\t(c)\ta legal practitioner acting for the financial institution, for the purpose of obtaining legal advice or representation in relation to the freezing order; or\n\t(d)\ta person in whose name the account is held or who has an interest in the account.\nMaximum penalty: $20 000.\n\t(2)\tIf the existence of a freezing order is disclosed to a person in accordance with subsection (1)(a), (b) or (c) in the course of the person performing duties as a police officer, an officer or agent of a financial institution or a legal practitioner, the person must not, while the order is in force, disclose to any other person the existence or operation of the order except—\n\t(a)\tfor the purpose of performing duties as a police officer, an officer or agent of the financial institution or a legal practitioner (as the case may be); or\n\t(b)\tfor the purposes of, or in connection with, legal proceedings; or\n\t(c)\tas otherwise required or authorised by this Act.\n\t(3)\tA reference in this section to disclosing the existence or operation of a freezing order to a person includes a reference to disclosing information to the person from which the person could reasonably be expected to infer the existence or operation of the freezing order.\n","sortOrder":1},{"sectionNumber":"Part 3","sectionType":"part","heading":"Restraining orders","content":"Part 3—Restraining orders\n","sortOrder":2},{"sectionNumber":"Div 1","sectionType":"division","heading":"Restraining orders","content":"Division 1—Restraining orders\n24—Restraining orders\n\t(1)\tA court must, on application by the DPP, make an order (a restraining order) that specified property must not be disposed of or otherwise dealt with by any person (except in the manner and circumstances, if any, specified in the order) if satisfied that—\n\t(a)\ta person has been convicted of, or has been charged with, a serious offence, or it is proposed that the person be charged with a serious offence; or\n\t(b)\ta person is suspected on reasonable grounds of having committed a serious offence; or\n\t(c)\tthere are reasonable grounds to suspect that the property is the proceeds of, or is an instrument of, a serious offence (whether or not the identity of the person who committed the offence is known); or\n\t(d)\tthere are reasonable grounds to suspect that a person has committed a serious offence and has derived literary proceeds in relation to the offence.\n\t(2)\tAn application for an order under this section must specify the property to which the application relates.\n\t(3)\tThe DPP may submit evidence in support of the application in the form of an affidavit.\n\t(4)\tSubject to subsections (5) and (5a) and Division 3, the court must specify in the restraining order all property specified in the application for the order.\n\t(5)\tThe court may only specify property in a restraining order made under subsection (1)(a),(b) or (d) if satisfied that there are reasonable grounds to suspect that the property is—\n\t(a)\tin the case of a restraining order made under subsection (1)(a) or (b)—\n\t(i)\tproperty of the suspect; or\n\t(ii)\tproperty of another person (whether or not that other person's identity is known) that—\n\t(A)\tis subject to the effective control of the suspect; or\n\t(B)\tis proceeds of, or is an instrument of, the serious offence; or\n\t(b)\tin the case of a restraining order made under subsection (1)(d)—\n\t(i)\tproperty of the suspect; or\n\t(ii)\tproperty of another person (whether or not that other person's identity is known) that is subject to the effective control of the suspect.\n\t(5a)\tThe court may not specify property in a restraining order that is protected property of a person unless subsection (1)(c) applies to the property.\n\t(6)\tThe court must make a restraining order even if there is no risk of the property being disposed of or otherwise dealt with.\n\t(7)\tThe court may specify that a restraining order covers property that is acquired by the suspect after the court makes the order.\n\t(8)\tA restraining order may be made subject to conditions.\n25—Notice of application\n\t(1)\tSubject to subsection (4), the DPP must—\n\t(a)\tgive written notice of an application for a restraining order covering property to—\n\t(i)\tthe owner of the property (if the owner is known); and\n\t(ii)\tany other person the DPP reasonably believes may have an interest in the property; and\n\t(b)\tinclude with the notice a copy of the application and—\n\t(i)\tin the case of the owner—any affidavit supporting the application; or\n\t(ii)\tin any other case—a notice that the person may request the DPP give the person a copy of any affidavit supporting the application.\n\t(2)\tThe DPP must comply with a request referred to in subsection (1)(b)(ii) as soon as practicable.\n\t(3)\tSubject to subsection (4), a court must not hear an application unless it is satisfied that the owner of the property to which the application relates has received reasonable notice of the application.\n\t(4)\tA court may, if the DPP requests, consider the application without notice having been given under subsection (1).\n\t(5)\tA court may, at any time before finally determining the application—\n\t(6)\tA person who claims an interest in property may appear and adduce evidence at the hearing of the application.\n\t(7)\tA witness who is giving evidence relating to an application for a restraining order is not required to answer a question or produce a document if the court is satisfied that the answer or document may prejudice the investigation of, or the prosecution of a person for, an offence.\n26—Refusal to make an order for failure to give undertaking\n\t(1)\tA court may refuse to make a restraining order if the Crown refuses or fails to give the court an appropriate undertaking with respect to the payment of damages or costs, or both, for the making and operation of the order.\n\t(2)\tThe DPP may give such an undertaking on behalf of the Crown. \n27—Order allowing expenses to be paid out of restrained property\n\t(1)\tA court that has made a restraining order may (when the restraining order is made or at a later time) order that one or more of the following may be met out of property, or a specified part of property, covered by the restraining order:\n\t(a)\tthe reasonable living expenses of the person whose property is restrained;\n\t(b)\tthe reasonable living expenses of any of the dependants of that person;\n\t(c)\tthe reasonable business expenses of that person;\n\t(d)\ta specified debt incurred in good faith by that person.\n\t(2)\tThe court may only make an order under subsection (1) if—\n\t(a)\tthe person whose property is restrained has applied for the order; and\n\t(b)\tthe person has notified the DPP, in writing, of the application and the grounds for the application; and\n\t(c)\tthe person has disclosed all of his or her interests in property, and his or her liabilities, in a statement on oath that has been filed in the court; and\n\t(d)\tthe court is satisfied that the expense or debt does not, or will not, relate to legal costs that the person has incurred, or will incur, in connection with—\n\t(i)\tproceedings under this Act; or\n\t(ii)\tproceedings for an offence against a law of the Commonwealth, a State or a Territory; and\n\t(e)\tthe court is satisfied that the person cannot meet the expense or debt out of property that is not covered by—\n\t(i)\ta restraining order; or\n\t(ii)\ta recognised Australian restraining order; or\n\t(iii)\ta foreign restraining order that is registered under the Mutual Assistance Act.\n\t(3)\tProperty that is covered by—\n\t(a)\ta restraining order; or\n\t(b)\ta recognised Australian restraining order; or\n\t(c)\ta foreign restraining order that is registered under the Mutual Assistance Act,\nis taken, for the purposes of subsection (2)(e), not to be covered by the order if it would not be reasonably practicable for the Administrator to take custody and control of the property.\n28—Excluding property from or revoking restraining orders in certain cases when expenses are not allowed\n\t(a)\tbecause of the operation of section 27(3), property that is covered by a restraining order is taken for the purposes of section 27(2)(e) not to be covered by the order; and\n\t(b)\tas a result, and for no other reason, the court refuses an application to make an order under section 27(1),\nthe court may—\n\t(c)\texclude the property from the restraining order; or\n\t(d)\tif the property is the only property covered by the restraining order—revoke the restraining order.\n\t(2)\tThe court must not exclude the property or revoke the order unless satisfied that the property is needed to meet one or more of the following:\n\t(a)\tthe reasonable living expenses of the person whose property is restrained;\n\t(b)\tthe reasonable living expenses of any of the dependants of that person;\n\t(c)\tthe reasonable business expenses of that person;\n\t(d)\ta specified debt incurred in good faith by that person.\n\t(3)\tIf the court excludes the property from, or revokes, the restraining order, the DPP must give written notice of the exclusion or revocation to—\n\t(a)\tthe owner of the property (if the owner is known); and\n\t(b)\tany other person the DPP reasonably believes may have an interest in the property,\nhowever, the DPP need not give notice to the applicant for the order under section 27(1).\n","sortOrder":3},{"sectionNumber":"Div 2","sectionType":"division","heading":"Giving effect to restraining orders","content":"Division 2—Giving effect to restraining orders\n29—Notice of a restraining order\n\t(1)\tIf a court makes a restraining order covering property, the DPP must give written notice of the order to the owner of the property.\n\t(2)\tThe DPP must, if the documents have not already been given to the owner, include with the notice—\n\t(a)\ta copy of the application; and\n\t(b)\ta copy of any affidavit supporting the application.\n\t(3)\tHowever, the court may, at the request of the DPP, order—\n\t(a)\tthat all or part of the application or affidavit is not to be given to the owner; or\n\t(b)\tthat the DPP delay giving the notice (and any documents required to be included with the notice) for a specified period,\nif the court considers it appropriate in order to protect the integrity of any investigation or prosecution.\n\t(4)\tIf the court orders the DPP to delay giving the notice (and the documents required to be included with the notice) for a specified period, the DPP must give the notice or documents as soon as practicable after the end of the period.\n30—Registering restraining orders\n\t(1)\tA registration authority that keeps a register of property of a particular kind must, on the application of the DPP, record in the register particulars of a restraining order covering property of that kind.\n\t(2)\tIf particulars of a restraining order covering property are recorded in a register in accordance with this section, each person who subsequently deals with the property is, in the absence of evidence to the contrary—\n\t(a)\ttaken not to be acting in good faith for the purposes of section 32; and\n\t(b)\ttaken to have notice of the restraining order for the purposes of section 33.\n31—Notifying registration authorities of exclusions from or variations to restraining orders\n\t(1)\tIf the DPP has made an application to a registration authority under section 30 in relation to particular property, the DPP must notify the registration authority if—\n\t(a)\tthe property is no longer covered by the order because—\n\t(i)\tit is excluded from the order under section 34; or\n\t(ii)\tthe property covered by the order is varied under section 40; or\n\t(b)\ta condition to which a restraining order is subject is varied under section 40.\n\t(2)\tA registration authority must, on being notified under subsection (1), vary the record of the restraining order made under section 30 accordingly.\n32—Court may set aside a disposition contravening a restraining order\n\t(1)\tThe DPP may apply to the court to set aside a disposition or dealing with property that contravenes a restraining order if that disposition or dealing was—\n\t(a)\tnot for sufficient consideration; or\n\t(b)\tnot in favour of a person who acted in good faith.\n\t(2)\tThe DPP must give, to each party to the disposition or dealing, written notice of both the application and the grounds on which it seeks the setting aside of the disposition or dealing.\n\t(3)\tOn an application under this section the court may—\n\t(a)\tset aside the disposition or dealing from the day it occurred; or\n\t(b)\tset aside the disposition or dealing from the day on which the order is made and declare the rights of any persons who acquired interests in the property on or after the day of the disposition or dealing and before the day on which the order is made.\n33—Contravening restraining orders\n\t(1)\tA person is guilty of an offence if—\n\t(a)\tthe person disposes of, or otherwise deals with, property covered by a restraining order; and\n\t(b)\tthe person knows or is reckless as to the fact that—\n\t(i)\tthe property is covered by a restraining order; and\n\t(ii)\tthe disposition or dealing contravenes the order.\n\t(2)\tA person is guilty of an offence if—\n\t(a)\tthe person disposes of, or otherwise deals with, property covered by a restraining order; and\n\t(b)\tthe disposition or dealing contravenes the order (whether or not the person knows or is reckless as to that fact); and\n\t(c)\teither—\n\t(i)\tthe person was given notice of the order under section 29; or\n\t(ii)\tparticulars of the order were recorded in a register under section 30.\nMaximum penalty: $20 000 or imprisonment for 2 years.\n","sortOrder":4},{"sectionNumber":"Div 3","sectionType":"division","heading":"Excluding property from restraining orders","content":"Division 3—Excluding property from restraining orders\n34—Court may exclude property from restraining order\n\t(1)\tThe court to which an application for a restraining order under section 24(1)(a) or (b) was made may, when the order is made or at a later time, exclude specified property from the order if—\n\t(a)\tan application is made under section 35 or 36; and\n\t(i)\tthe property is neither proceeds nor an instrument of unlawful activity; and\n\t(ia)\t—\n\t(A)\tif the suspect has been convicted of the serious offence to which the restraining order relates—\n\t•\tthe suspect has not become a prescribed drug offender as a result of the conviction; or\n\t•\tthe suspect has become a prescribed drug offender as a result of the conviction, but the property was not owned by or subject to the effective control of the suspect on the conviction day for that offence or is property that should not be subject to the restraining order in accordance with section 24(5a); or\n\t(B)\tif the suspect has not been convicted of the serious offence to which the restraining order relates—\n\t•\tthe suspect would not become a prescribed drug offender if convicted of the offence; or\n\t•\tthe suspect would become a prescribed drug offender if convicted of the offence, but the property is not owned by or subject to the effective control of the suspect or is property that should not be subject to the restraining order in accordance with section 24(5a); and\n\t(ii)\tthe owner's interest in the property was lawfully acquired; and\n\t(iii)\tit would not be contrary to the public interest for the property to be excluded from the order.\n\t(2)\tHowever—\n\t(a)\tthe court must not exclude property from a restraining order unless satisfied that neither a pecuniary penalty order nor a literary proceeds order could be made against—\n\t(i)\tthe person who owns the property; or\n\t(ii)\tif the property is not owned by the suspect but is subject to his or her effective control—the suspect; and\n\t(b)\tthe court must not exclude property from a restraining order unless satisfied that the property could not be subject to an instrument substitution declaration if the suspect were convicted of the offence.\n\t(3)\tDespite any other provision of this section, if a court has, in determining sentence in respect of a person's conviction of a serious offence, taken into account any forfeiture of property under this Act that might result from conviction for the offence, the property cannot be excluded from a restraining order relating to the offence on application made by the convicted person.\n35—Application to exclude property from a restraining order after notice of the application for the order\n\t(1)\tA person whose property would be covered by a restraining order may apply to the court to exclude specified property from the restraining order within 14 days after being notified of the application for the order.\n\t(2)\tThe person must give written notice to the DPP of both the application and the grounds on which the exclusion is sought.\n\t(3)\tThe DPP—\n\t(b)\tmust give the person notice of any grounds on which the DPP proposes to contest the application.\n36—Application to exclude property from a restraining order after notice of the order\n\t(1)\tA person may apply to the court to exclude specified property from a restraining order at any time after being notified of the order.\n\t(2)\tHowever, unless the court gives permission, the person cannot apply if the person—\n\t(a)\tappeared at the hearing of the application for the restraining order; or\n\t(b)\twas notified of the application for the restraining order, but did not appear at the hearing of the application.\n\t(3)\tThe court may give the person permission to apply if the court is satisfied that—\n\t(a)\tif subsection (2)(a) applies—the person now has evidence relevant to the person's application that was not available to the person at the time of the hearing; or\n\t(b)\tif subsection (2)(b) applies—the person had a good reason for not appearing; or\n\t(c)\tin any case—there are special grounds for giving the permission.\n\t(4)\tThe person must give written notice to the DPP of the application and the grounds on which the exclusion is sought.\n\t(5)\tThe DPP—\n\t(b)\tmust give the person notice of any grounds on which the DPP proposes to contest the application.\n37—Application not to be heard unless DPP has had reasonable opportunity to conduct an examination\nThe court must not hear an application to exclude specified property from the restraining order if—\n\t(a)\tthe restraining order is in force; and\n\t(b)\tthe DPP has not been given a reasonable opportunity to conduct examinations under this Act.\n38—Giving security etc to exclude property from a restraining order\nA court may exclude specified property from a restraining order that covers property if—\n\t(a)\tin the case of a restraining order that covers the property of the suspect—\n\t(i)\tthe suspect applies to the court to exclude the property; and\n\t(ii)\tthe suspect gives written notice of the application to the DPP; and\n\t(iii)\tthe suspect gives security that is satisfactory to the court to meet any liability that may be imposed on the suspect under this Act; or\n\t(b)\tin the case of a restraining order that covers the property of a person who is not the suspect—\n\t(i)\tthe person applies to the court to exclude the property; and\n\t(ii)\tthe person gives written notice of the application to the DPP; and\n\t(iii)\tthe person gives an undertaking concerning the person's property that is satisfactory to the court.\n","sortOrder":5},{"sectionNumber":"Div 4","sectionType":"division","heading":"Further orders","content":"Division 4—Further orders\n39—Court may order Administrator to take custody and control of property\nThe court that made a restraining order, or any other court that could have made the restraining order, may order the Administrator to take custody and control of property covered by a restraining order if the court is satisfied that this is required.\n40—Ancillary orders\n\t(1)\tThe court that made a restraining order, or any other court that could have made the restraining order, may make any ancillary orders that the court considers appropriate including (without limiting the generality of this subsection) any of the following orders—\n\t(a)\tan order varying the property covered by the restraining order;\n\t(b)\tan order varying a condition to which the restraining order is subject;\n\t(c)\tan order relating to an undertaking required under section 26;\n\t(d)\tan order directing the owner of the property (including, if the owner is a body corporate, a specified director of the body corporate) to give a sworn statement to a specified person, within a specified period, setting out particulars of, or dealings with, the property;\n\t(e)\tif the Administrator is ordered under section 39 to take custody and control of property, an order—\n\t(i)\tregulating the manner in which the Administrator may exercise its powers or perform its duties under the restraining order; or\n\t(ii)\tdetermining any question relating to the property, including a question relating to the liabilities of the owner or the exercise of powers or the performance of duties of the Administrator; or\n\t(iii)\tdirecting any person to do anything necessary or convenient to enable the Administrator to take custody and control of the property;\n\t(f)\tan order giving directions about the operation of the restraining order and—\n\t(i)\ta forfeiture order that covers the same property as the restraining order; or\n\t(ii)\ta pecuniary penalty order or a literary proceeds order that relates to the same serious offence as the restraining order;\n\t(g)\tan order requiring a person whose property is covered by a restraining order to do anything necessary or convenient to bring the property within the State.\n\t(2)\tThe court may only make an ancillary order on the application of—\n\t(b)\tthe owner of the property covered by the order; or\n\t(c)\tif the Administrator was ordered to take custody and control of the property—the Administrator; or\n\t(d)\tany other person who has the permission of the court.\n\t(3)\tA person who applies for an ancillary order must give written notice of the application to all other persons entitled to make such an application.\n\t(4)\tA court may, if the DPP requests, consider the application without notice having been given under subsection (3).\n\t(5)\tAn ancillary order may be made—\n\t(a)\tif made by the court that made the restraining order—when making the restraining order; or\n\t(b)\tin any case—at any time after the restraining order is made.\n\t(6)\tAn order that is ancillary to a restraining order does not cease to have effect merely because the restraining order, or part of it, ceases to be in force under section 46(4) or (5).\n41—Contravening ancillary orders relating to foreign property\nA person who knowingly or recklessly contravenes an order made under section 40(1)(g) is guilty of an offence.\n","sortOrder":6},{"sectionNumber":"Div 5","sectionType":"division","heading":"Duration of restraining orders","content":"Division 5—Duration of restraining orders\n42—When a restraining order comes into force\nA restraining order is in force from the time it is made.\n43—Application to revoke a restraining order\n\t(1)\tA person who was not notified of the application for a restraining order may apply to the court that made the order to revoke the order—\n\t(a)\twithin 28 days after the person is notified that the order was made; or\n\t(b)\twithin such longer period (not exceeding 3 months after the person is notified that the order was made) as the court allows.\n\t(2)\tThe applicant must give written notice to the DPP and, if a person other than the DPP is appointed to act as the Administrator under this Act, the Administrator of the application and the grounds on which the revocation is sought.\n\t(3)\tThe court may revoke the restraining order if satisfied there are no grounds on which to make the restraining order at the time of considering an application under subsection (1).\n\t(4)\tHowever, the restraining order remains in force until the court revokes the order.\n\t(5)\tThe DPP may adduce additional material to the court relating to the application to revoke the restraining order.\n44—Giving security etc to revoke a restraining order\nA court may revoke a restraining order that covers property if—\n\t(a)\tin the case of a restraining order that covers the property of the suspect—\n\t(i)\tthe suspect applies to the court to revoke the order; and\n\t(ii)\tthe suspect gives written notice of the application to the DPP; and\n\t(iii)\tthe suspect gives security that is satisfactory to the court to meet any liability that may be imposed on the suspect under this Act; or\n\t(b)\tin the case of a restraining order that covers the property of a person who is not the suspect—\n\t(i)\tthe person applies to the court to revoke the order; and\n\t(ii)\tthe person gives written notice of the application to the DPP; and\n\t(iii)\tthe person gives an undertaking concerning the person's property that is satisfactory to the court.\n45—Notice of revocation of a restraining order\nIf a restraining order is revoked under section 43 or 44, the DPP must give written notice of the revocation to—\n\t(a)\tthe owner of any property covered by the restraining order (if the owner is known); and\n\t(b)\tany other person the DPP reasonably believes may have an interest in the property,\nhowever, the DPP need not give notice to the applicant for the order.\n46—Cessation of restraining orders\n\t(1)\tA restraining order that relates to one or more serious offences ceases to be in force 28 days after—\n\t(a)\tall charges that relate to the restraining order are withdrawn; or\n\t(b)\tthe suspect is acquitted of all serious offences with which the suspect was charged; or\n\t(c)\tthe convictions for the serious offences of which the suspect was convicted are quashed,\nunless—\n\t(d)\tthere is a confiscation order that relates to the serious offences; or\n\t(e)\tthere is an application for a confiscation order that relates to the serious offences before the court; or\n\t(f)\tthere is an application under—\n\t(i)\tsection 64; or\n\t(ii)\tsection 83; or\n\t(iii)\tsection 125,\nfor confirmation of a forfeiture, or a confiscation order, that relates to the serious offences; or\n\t(g)\tthe suspect is charged with a related offence.\n\t(2)\tA restraining order relating to property ceases to be in force if, not more than 28 days after the order was made—\n\t(a)\tthe suspect has not been convicted of, or charged with, the serious offence, or at least one serious offence, to which the restraining order relates; and\n\t(b)\tthere is no confiscation order or application for a confiscation order that relates to the property.\n\t(3)\tA restraining order ceases to be in force in respect of property covered by the restraining order if—\n\t(a)\tone of the following occurs:\n\t(i)\tthe court refuses an application for a forfeiture order that would have covered the property and—\n\t(A)\tthe time for an appeal against the refusal has expired without an appeal being lodged; or\n\t(B)\tan appeal against the refusal has lapsed; or\n\t(C)\tan appeal against the refusal has been dismissed and finally disposed of;\n\t(ii)\tthe court excludes the property from a forfeiture order;\n\t(iii)\ta forfeiture order that covers the property is discharged or ceases to have effect;\n\t(iv)\tthe court excludes the property under section 76 from forfeiture under Part 4 Division 2; and\n\t(b)\tno application is yet to be determined for—\n\t(i)\tanother confiscation order relating to a serious offence to which the restraining order relates; or\n\t(ii)\tanother confiscation order relating to a related offence; and\n\t(c)\tno other confiscation order relating to an offence referred to in paragraph (b) is in force.\n\t(4)\tA restraining order ceases to be in force to the extent that property that it covers vests absolutely in the Crown under this or any other Act.\n\t(5)\tA restraining order that relates to one or more serious offences ceases to be in force in respect of property covered by the restraining order if—\n\t(a)\ta pecuniary penalty order or a literary proceeds order relates to the offence or offences; and\n\t(b)\tone or more of the following occurs:\n\t(i)\tthe pecuniary penalty order or the literary proceeds order is satisfied;\n\t(ii)\tthe property is sold or disposed of to satisfy the pecuniary penalty order or literary proceeds order;\n\t(iii)\tthe pecuniary penalty order or the literary proceeds order is discharged or ceases to have effect.\n\t(6)\tDespite subsection (1), if—\n\t(a)\ta restraining order covers property of a person who is not a suspect; and\n\t(b)\tthe property is an instrument of, but is not proceeds of, a serious offence to which the order relates; and\n\t(c)\tthe property is not subject to the effective control of another person who is a suspect in relation to the order,\nthe restraining order ceases to be in force in respect of that property if the suspect has not been charged with the serious offence or a related offence within 28 days after the restraining order is made.\nPart 4—Forfeiture\nDivision 1—Forfeiture orders\nSubdivision 1—Forfeiture orders\n47—Forfeiture orders\n\t(1)\tA court must, on application by the DPP, make an order (a forfeiture order) that property specified in the order is forfeited to the Crown if—\n\t(a)\ta person has been convicted of one or more serious offences and the court is satisfied that the property to be specified in the order is proceeds of one or more of those offences; or\n\t(b)\tthe property to be specified in the order is covered by a restraining order made under section 24(1)(b) that has been in force for at least 6 months and the court is satisfied that the property is proceeds of one or more serious offences committed by the person whose conduct (or suspected conduct) formed the basis of the restraining order; or\n\t(c)\tthe property to be specified in the order is covered by a restraining order made under section 24(1)(c) that has been in force for at least 6 months and the court is satisfied that—\n\t(i)\tthe application for the order alleges that the property is proceeds of one or more serious offences; and\n\t(ii)\tno application has been made under Part 3 Division 3 for the property to be excluded from the restraining order, or that any such application has been withdrawn; and\n\t(iii)\tthe DPP has taken reasonable steps to identify and notify persons with an interest in the property.\n\t(2)\tFor the purposes of making an order under subsection (1)(b) or (c)—\n\t(a)\ta finding of the court under either of those paragraphs need not be based on a finding as to the commission of a particular serious offence; and\n\t(b)\tthe fact that a person has been acquitted of a serious offence with which the person has been charged, or the raising of a doubt as to whether a person engaged in conduct constituting a serious offence, does not affect the court's power to make the order under either of those paragraphs in relation to the offence; and\n\t(c)\tin relation to an order under subsection (1)(c)—a finding of the court under that paragraph need not be based on a finding that a particular person committed any offence.\n\t(3)\tA court may, on application by the DPP, make an order (a forfeiture order) that property specified in the order is forfeited to the Crown, if—\n\t(a)\ta person has been convicted of one or more serious offences the court is satisfied that the property is an instrument of one or more of the offences or is subject to an instrument substitution declaration under section 48; or\n\t(b)\tthe property to be specified in the order is covered by a restraining order made under section 24(1)(b) that has been in force for at least 6 months and the court is satisfied that the property is an instrument of one or more serious offences committed by the person whose conduct (or suspected conduct) formed the basis of the restraining order; or\n\t(c)\tthe property to be specified in the order is covered by a restraining order made under section 24(1)(c) that has been in force for at least 6 months and the court is satisfied that—\n\t(i)\tthe application for the order alleges that the property is an instrument of one or more serious offences; and\n\t(ii)\tno application has been made under Part 3 Division 3 for the property to be excluded from the restraining order, or that any such application has been withdrawn; and\n\t(iii)\tthe DPP has taken reasonable steps to identify and notify persons with an interest in the property.\n\t(4)\tIn considering whether it is appropriate to make a forfeiture order under subsection (3) in respect of particular property, the court may have regard to—\n\t(a)\tany hardship that may reasonably be expected to be caused to any person (other than the suspect) by the operation of the order; and\n\t(b)\tthe use that is ordinarily made, or was intended to be made, of the property; and\n\t(c)\tthe gravity of the offence or offences concerned; and\n\t(d)\tany other matter the court thinks fit.\n\t(5)\tIf evidence is given, at the hearing of an application for a forfeiture order under subsection (3) that relates to a person's conviction for a serious offence, that property was in the possession of a person at the time at which, or immediately after, the person committed a serious offence to which the application relates—\n\t(a)\tif no evidence is given that tends to show that the property was not used in, or in connection with, the commission of the offence—the court must presume that the property was used in, or in connection with, the commission of the offence; or\n\t(b)\tin any other case—the court must not make a forfeiture order against the property unless it is satisfied that the property was used or intended to be used in, or in connection with, the commission of the offence.\n\t(6)\tAn application for a forfeiture order under this section that relates to a person's conviction for a serious offence must be made before the end of the period of 6 months after the conviction day.\n\t(7)\tA court must not, if a person is taken under section 5(1)(d) to have been convicted of a serious offence, make a forfeiture order relating to the person's conviction unless—\n\t(a)\tthe court is satisfied, on the balance of probabilities, that the person has absconded; and\n\t(i)\tthe person has been committed for trial for the offence; or\n\t(ii)\tthe court is satisfied, having regard to all the evidence before the court, that a reasonable jury, properly instructed, or the Magistrates Court (as the case requires) could lawfully find the person guilty of the offence.\n48—Instrument substitution declarations\nA court determining an application for a forfeiture order under section 47(3) relating to a person's conviction of a serious offence may, on the application of the DPP, declare property to be subject to an instrument substitution declaration if satisfied that—\n\t(a)\tthe convicted person had, at the time of the offence, an interest in the property; and\n\t(b)\tthe property is of the same nature or description as property that was an instrument of the offence (whether or not the property is of the same value); and\n\t(c)\tthe property that was an instrument of the offence is not available for forfeiture or is not able to be made the subject of an order for forfeiture.\n49—Additional application for a forfeiture order\n\t(1)\tThe DPP cannot, unless the court gives permission, apply for a forfeiture order under section 47 in relation to a serious offence if—\n\t(a)\tan application has previously been made under that section for the forfeiture of the property in relation to the offence; and\n\t(b)\tthe application has been finally determined on the merits.\n\t(2)\tThe court must not give permission unless it is satisfied that—\n\t(a)\tthe property to which the new application relates was identified only after the first application was determined; or\n\t(b)\tnecessary evidence became available only after the first application was determined; or\n\t(c)\tit is in the interests of justice to grant the permission.\n\t(3)\tTo avoid doubt, the DPP may apply for a forfeiture order against property in relation to a serious offence even though an application has previously been made for a pecuniary penalty order or a literary proceeds order in relation to the offence.\n50—Notice of application\n\t(1)\tThe DPP must give written notice of an application for a forfeiture order—\n\t(a)\tif the order is sought relating to a person's conviction of a serious offence—to the person; and\n\t(b)\tto any other person—\n\t(i)\twho claims an interest in; or\n\t(ii)\twho the DPP reasonably believes may have an interest in,\nthe property covered by the application.\n\t(2)\tHowever, a court to which an application for a forfeiture order is made may, on the application of the DPP, dispense with the requirement to give notice to a person under subsection (1) if the court is satisfied that the person has absconded in connection with an offence.\n\t(3)\tThe court may, at any time before finally determining an application for a forfeiture order—\n51—Procedure on application\n\t(1)\tA person who claims an interest in property covered by an application for a forfeiture order may appear and adduce evidence at the hearing of the application.\n\t(2)\tIf the application relates to a person's conviction of a serious offence, a court may, in determining the application, have regard to—\n\t(a)\tthe transcript of any proceedings against the person for—\n\t(i)\tthat offence; or\n\t(ii)\tif the person is taken to be convicted of the offence because of section 5(1)(c)—the other offence referred to in that paragraph; and\n\t(b)\tany evidence given in the proceedings.\n\t(3)\tThe court may make a forfeiture order if a person entitled to be given notice of the relevant application fails to appear at the hearing of the application.\n52—Amending an application\n\t(1)\tThe court hearing an application for a forfeiture order may, on the application or with the consent of the DPP, amend the application.\n\t(2)\tHowever, the court must not amend the application to include additional property in the application unless—\n\t(a)\tthe court is satisfied that—\n\t(i)\tthe property was not reasonably capable of identification when the application was originally made; or\n\t(ii)\tnecessary evidence became available only after the application was originally made; or\n\t(b)\tthe forfeiture order applied for is an order to which section 47(1)(b) or (c) or (3)(b) or (c) applies and the court is satisfied that—\n\t(i)\tincluding the additional property in the application for the order might have prejudiced the investigation of, or the prosecution of a person for, an offence; or\n\t(ii)\tit is for any other reason appropriate to grant the application to amend.\n\t(3)\tThe DPP must, on applying for an amendment to include additional property in the application, give written notice of the application to amend to any person whom the DPP reasonably believes may have an interest in the additional property.\n\t(4)\tHowever, the court may, on the application of the DPP, dispense with the requirement to give notice to a person under subsection (3) if the court is satisfied that the person has absconded in connection with an offence.\n\t(5)\tIf the forfeiture order applied for is an order to which section 47(1)(a) or (3)(a) applies, any person who claims an interest in that additional property may appear and adduce evidence at the hearing of the application to amend.\n53—Forfeiture orders can extend to other interests in property\n\t(1)\tA court may, in specifying an interest in property in a forfeiture order, specify any other interests in the property (regardless of whose they are) if—\n\t(a)\tthe amount received from disposing of the combined interests would be likely to be greater than the amount received from disposing of each of the interests separately; or\n\t(b)\tdisposing of the interests separately would be impracticable or significantly more difficult than disposing of the combined interests.\n\t(2)\tIf a court specifies other interests under subsection (1), the court may make such ancillary orders as it thinks fit for the protection of a person having one or more of those other interests.\n\t(3)\tWithout limiting the generality of subsection (2), an ancillary order may include—\n\t(a)\tan order directing the Crown to pay the person a specified amount as the value of the person's interest in the property; or\n\t(b)\tan order directing that specified other interests in the property be transferred to the person.\n\t(4)\tIn deciding whether to make an ancillary order, the court must have regard to—\n\t(a)\tthe nature, extent and value of the person's interest in the property concerned; and\n\t(b)\tif the court is aware that any other person claims an interest in the property—the nature, extent and value of the interest; and\n\t(c)\tany other matter that the court considers relevant.\n54—Forfeiture orders must specify the value of forfeited property\nA court must specify the amount it considers to be the value, at the time the order is made, of the property (other than money) specified in the forfeiture order.\n55—Declaration by court in relation to buying back interests in forfeited property\nA court that makes a forfeiture order may, if satisfied that—\n\t(a)\tit would not be contrary to the public interest for a person's interest in the property to be transferred to the person; and\n\t(b)\tthere is no other reason why the person's interest should not be transferred to the person,\n\t(c)\tdeclare the nature, extent and value (at the time when the order is made) of the person's interest; and\n\t(d)\tdeclare that the interest may be excluded under section 72 from the operation of the forfeiture order.\n56—Court may make supporting directions\n\t(1)\tA court that makes a forfeiture order may give any directions that are necessary or convenient for giving effect to the order.\n\t(2)\tWithout limiting the generality of subsection (1), a direction may, for a forfeiture order specifying registrable property, include a direction to an officer of the court to do anything necessary and reasonable to obtain possession of any document necessary for the transfer of the property.\n","sortOrder":7},{"sectionNumber":"Subdiv 1A","sectionType":"subdivision","heading":"Deemed forfeiture orders","content":"Subdivision 1A—Deemed forfeiture orders\n56A—Prescribed drug offenders\n\t(1)\tImmediately on a person becoming a prescribed drug offender, a forfeiture order (a deemed forfeiture order) will be taken to have been made under Subdivision 1 by the convicting court.\n\t(2)\tA deemed forfeiture order applies to all property owned by, or subject to the effective control of, the prescribed drug offender on the conviction day for the conviction offence (including property that is subject to a restraining order) other than the following:\n\t(a)\tprotected property of the prescribed drug offender;\n\t(b)\tproperty that has been excluded from a restraining order under Part 3 Division 3;\n\t(c)\tproperty that is otherwise forfeited to the Crown under this Act.\n\t(3)\tExcept as provided in subsection (4), section 59A, section 59B and section 209A, this Act applies to a deemed forfeiture order in all respects as if it were a forfeiture order made under section 47(3)(a) in relation to conviction for the conviction offence, subject to such modifications as may be prescribed, or as may be necessary for the purpose.\n\t(4)\tAny power that may be exercised by a court that is hearing or that is to hear an application for a forfeiture order may be exercised, in relation to a deemed forfeiture order, by the convicting court at any time within the period of 6 months (or such longer period as may be allowed by the convicting court) after the conviction day for the conviction offence.\n\t(5)\tIn this section—\nconvicting court, in relation to a prescribed drug offender, means the court that convicted the prescribed drug offender of the conviction offence.\n56AB—Prescribed drug offender to provide information as to interests in property\nIf property owned by, or subject to the effective control of, a prescribed drug offender becomes subject to a deemed forfeiture order under section 56A, the prescribed drug offender must, within 14 days or such longer period as may be allowed by the DPP, provide the DPP with a statement specifying—\n\t(a)\tnames and contact information for any persons or other entities who hold an interest in the property; and\n\t(b)\tany other particulars of a kind prescribed by the regulations.\nMaximum penalty: $2 500 or imprisonment for 6 months.\n56B—Court may declare that property has been forfeited under this Subdivision\nA court may declare that particular property has been forfeited under this Subdivision if—\n\t(a)\tthe DPP applies to the court for the declaration; and\n\t(b)\tthe court is satisfied that the property is forfeited under this Subdivision.\n","sortOrder":8},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Reducing the effect of forfeiture orders","content":"Subdivision 2—Reducing the effect of forfeiture orders\n57—Relieving certain dependants from hardship\n\t(1)\tA court making a forfeiture order specifying a person's property must make an order directing the Crown to pay a specified amount to a specified dependant, or dependants, of the person if—\n\t(a)\tthe forfeiture order is not one to which section 47(1)(a) applies; and\n\t(b)\tthe court is satisfied—\n\t(i)\tthe forfeiture order would cause hardship to the dependant; and\n\t(ii)\tthe specified amount would relieve that hardship; and\n\t(iii)\tif the dependant is aged at least 18 years—the dependant had no knowledge (at the time of the conduct) of the person's conduct that is the subject of the forfeiture order.\n\t(2)\tThe specified amount must not exceed the difference between—\n\t(a)\tthe amount the court considers likely to be received from disposing of the person's property under the forfeiture order; and\n\t(b)\tthe amount the court considers likely to be the costs of administering this Act (referred to in section 209(1)) in connection with the forfeiture order.\n58—Making exclusion orders before forfeiture order made\n\t(1)\tA court that is hearing, or is to hear, an application for a forfeiture order, must make an order excluding property from forfeiture (an exclusion order) if—\n\t(b)\tthe application for a forfeiture order specifies the applicant's property; and\n\t(c)\tif the forfeiture order would be one to which section 47(1)(a) or (3)(a) applies, the court is satisfied that—\n\t(i)\tthe applicant was not involved in the commission of a serious offence to which the application for a forfeiture order relates; and\n\t(ii)\tthe property to be specified in the exclusion order is neither proceeds nor an instrument of the offence; and\n\t(d)\tif the forfeiture order would be one to which section 47(1)(b) or (c) or (3)(b) or (c) applies, the court is satisfied that the property to be specified in the exclusion order is neither proceeds nor an instrument of unlawful activity.\n\t(2)\tAn exclusion order under subsection (1) must—\n\t(b)\tdirect that the property be excluded from the operation of the forfeiture order.\n\t(3)\tAn applicant for an exclusion order under subsection (1) must give written notice to the DPP of the application and the grounds on which the order is sought.\n\t(5)\tHowever, the DPP need not give notice under subsection (4)(b) until it has had a reasonable opportunity to examine the applicant under Part 6 Division 1.\n\t(6)\tAn application for an exclusion order under subsection (1) must not be heard until the DPP has had a reasonable opportunity to examine the applicant under Part 6 Division 1.\n59—Making exclusion orders after forfeiture\n\t(1)\tA court that made a forfeiture order must make an order excluding property from forfeiture (an exclusion order) if—\n\t(b)\tthe forfeiture order specifies the applicant's property; and\n\t(c)\tif the forfeiture order was one to which section 47(1)(a) or (3)(a) applies, the court is satisfied that—\n\t(i)\tthe applicant was not involved in the commission of a serious offence to which the forfeiture order relates; and\n\t(ii)\tthe property to be specified in the exclusion order is neither proceeds nor an instrument of the offence; and\n\t(d)\tif the forfeiture order was one to which section 47(1)(b) or (c) or (3)(b) or (c) applies, the court is satisfied that the property to be specified in the exclusion order is neither proceeds nor an instrument of unlawful activity.\n\t(2)\tAn exclusion order under subsection (1) must—\n\t(b)\tdirect that the property be excluded from the operation of the forfeiture order; and\n\t(c)\tif the property has vested (in law or equity) in the Crown under this Division and is yet to be disposed of—direct the Crown to transfer the property to the applicant; and\n\t(d)\tif the property has vested (in law or equity) in the Crown under this Division and has been disposed of—direct the Crown to pay the applicant an amount equal to the value specified under paragraph (a).\n\t(3)\tAn applicant for an exclusion order under subsection (1) must give written notice to the DPP of the application and the grounds on which the order is sought.\n\t(5)\tHowever, the DPP need not give notice under subsection (4)(b) until it has had a reasonable opportunity to examine the applicant under Part 6 Division 1.\n\t(6)\tAn application for an exclusion order under subsection (1) must not be heard until the DPP has had a reasonable opportunity to examine the applicant under Part 6 Division 1.\n59A—Exclusion orders based on cooperation with law enforcement agency\n\t(1)\tIf a person becomes a prescribed drug offender, the convicting court may make an order excluding property from forfeiture under Subdivision 1A (an exclusion order) if—\n\t(b)\tthe forfeiture applies to the applicant's property; and \n\t(c)\tthe court is satisfied that the property to be specified in the exclusion order is neither proceeds nor an instrument of unlawful activity; and\n\t(d)\tthe court is satisfied that it would be appropriate to reduce the effect of forfeiture because—\n\t(i)\tthe person has cooperated with a law enforcement agency by providing a witness statement and an undertaking to provide oral testimony; and\n\t(ii)\tthat cooperation was not taken into account by the court in sentencing the person; and\n\t(iii)\tthe cooperation relates directly to a serious and organised crime offence that has been committed or may be committed in the future.\n\t(1a)\tIn determining whether to exclude property under this section, or the nature, extent and value of the property to be excluded, the court must have regard to such of the following as may be relevant:\n\t(a)\tthe nature and extent of the applicant's cooperation;\n\t(b)\tthe timeliness of the cooperation;\n\t(c)\tthe truthfulness, completeness and reliability of any information or evidence provided by the applicant;\n\t(d)\tthe evaluation (if any) by the authorities of the significance and usefulness of the applicant's cooperation;\n\t(e)\tany benefit that the applicant has gained or is likely to gain by reason of the cooperation;\n\t(f)\tthe degree to which the safety of the applicant (or some other person) has been put at risk of violent retribution as a result of the applicant's cooperation;\n\t(g)\tthe likelihood that the applicant will commit further offences,\nand may have regard to any other factor or principle the court thinks relevant.\n\t(2)\tSubject to subsection (2a), an exclusion order under subsection (1) must—\n\t(b)\tdirect that the property be excluded from the operation of Subdivision 1A; and\n\t(c)\tif the property has vested (in law or equity) in the Crown under this Division and is yet to be disposed of—direct the Crown to transfer the property to the applicant; and\n\t(d)\tif the property has vested (in law or equity) in the Crown under this Division and has been disposed of—direct the Crown to pay the applicant an amount equal to the value specified under paragraph (a).\n\t(2a)\tIf the court is of the view that an exclusion order made in accordance with subsection (2) would alert other persons to the applicant's cooperation and as a result put the applicant at risk of violent retribution, it may make an exclusion order—\n\t(a)\tspecifying the nature, extent and value (at the time of making the order) of the property concerned; and\n\t(b)\tdirect the Crown to pay the applicant an amount equal to the value specified in paragraph (a).\n\t(3)\tAn applicant for an exclusion order under subsection (1) must give written notice to the DPP of the application and the grounds on which the order is sought.\n59B—Exclusion orders based on financial interests of Crown etc\n\t(1)\tIf a person becomes a prescribed drug offender, a court may make an order excluding property from forfeiture under Subdivision 1A (an exclusion order) if—\n\t(a)\tthe DPP applies to the court for the exclusion order; and\n\t(i)\tit would be contrary to the financial interests of the Crown for the property to be forfeited to the Crown; or\n\t(ii)\tit is otherwise not in the public interest for the property to be forfeited to the Crown.\n\t(2)\tAn exclusion order under subsection (1)—\n\t(a)\tmay identify the property concerned by—\n\t(i)\tspecifying the nature and extent of the property that is to be excluded; or\n\t(ii)\tspecifying that all property to which the deemed forfeiture order would apply is to be excluded; or\n\t(iii)\tspecifying that all property to which the deemed forfeiture order would apply, other than specified property, is to be excluded; and\n\t(b)\tmust direct that the property be excluded from the operation of the deemed forfeiture order under Subdivision 1A; and\n\t(c)\tmay include any other directions that are necessary or convenient for giving effect to the order.\n\t(3)\tA court may make an exclusion order under subsection (1) on the basis of the DPP's application and in the absence of, and without hearing from, any parties to the application.\n\t(4)\tIf a court makes an exclusion order in relation to property under subsection (1), the property will (subject to any order of the court to the contrary) be taken to have never been forfeited under Subdivision 1A.\n60—Applying for exclusion orders\n\t(1)\tA person may apply for an exclusion order if a forfeiture order that could specify the person's property has been applied for, but is yet to be made.\n\t(2)\tA person cannot, except with the permission of the court, apply for an exclusion order after a forfeiture order specifying the person's property has been made if—\n\t(a)\tthe person—\n\t(i)\tappeared at the hearing of that application; or\n\t(ii)\twas given notice of the application for the forfeiture order, but did not appear at the hearing of that application; or\n\t(b)\t6 months have elapsed since the forfeiture order was made.\n\t(3)\tThe court may only give permission to apply under subsection (2) if satisfied that—\n\t(a)\tif subsection (2)(a)(i) applies—the person now has evidence relevant to the person's application that was not available to the person at the time of the hearing; or\n\t(b)\tif subsection (2)(a)(ii) applies—the person had a good reason for not appearing; or\n\t(c)\tif subsection (2)(b) applies—the person's failure to apply was not due to any neglect by the person; or\n\t(d)\tin any case—there are special grounds for giving the permission.\n61—Making compensation orders\n\t(1)\tA court that made a forfeiture order must make an order (a compensation order) if—\n\t(a)\ta person has applied for the compensation order; and\n\t(b)\tthe forfeiture order specifies the applicant's property as proceeds of a serious offence to which the forfeiture order relates; and\n\t(c)\tthe court is satisfied that, when the property first became proceeds of the serious offence, a proportion of the value of the property was not acquired using the proceeds of any unlawful activity.\n\t(2)\tA compensation order must—\n\t(a)\tspecify the proportion of the value of the property not acquired using the proceeds of any offence referred to in subsection (1)(c); and\n\t(b)\tdirect the Crown to—\n\t(i)\tif the property has not been disposed of—dispose of the property; and\n\t(ii)\tpay the applicant an amount equal to that proportion of the difference between the amount received from disposing of the property and the total of any costs of administering this Act (of a kind referred to in section 209(1)) in connection with the forfeiture order.\n\t(3)\tAn applicant for a compensation order must give written notice to the DPP of the application and the grounds on which the order is sought.\n62—Applying for compensation orders\n\t(1)\tSubject to this section, a person whose property is specified in a forfeiture order may apply for a compensation order.\n\t(2)\tIf a person was given notice of an application for a forfeiture order, the person cannot apply for a compensation order relating to that forfeiture order unless—\n\t(a)\tthe person applies for the compensation order within 6 months after the forfeiture order was made; and\n\t(b)\tthe court gives permission.\n\t(3)\tIf a person was not given notice of an application for a forfeiture order, the person cannot apply for a compensation order relating to a forfeiture order unless—\n\t(a)\tthe person applies for the compensation order within 6 months after the forfeiture order was made; or\n\t(b)\tthe court gives permission.\n62A—No exclusion or compensation where forfeiture taken into account in sentencing\nSubject to section 59A but despite any other provision of this Subdivision, if a court has, in determining sentence in respect of a person's conviction of a serious offence, taken into account any forfeiture of property under this Act that relates to the offence or that might result from conviction for the offence, the person cannot apply for an exclusion order or a compensation order under this Subdivision in respect of that property.\n63—Certain forfeiture orders unaffected by acquittal or quashing of conviction\nA forfeiture order made under section 47(1)(b) or (c) or (3)(b) or (c) against a person in relation to a serious offence is not affected if—\n\t(a)\thaving been charged with the offence, the person is acquitted; or\n\t(b)\tthe person is convicted of the offence and the conviction is subsequently quashed.\n64—Discharge of conviction based forfeiture order on quashing of conviction\n\t(1)\tA forfeiture order made under section 47(1)(a) or (3)(a) in relation to a person's conviction of a serious offence is discharged if—\n\t(a)\tthe person's conviction of the offence is subsequently quashed (whether or not the order relates to the person's conviction of other offences that have not been quashed); and\n\t(b)\tthe DPP does not, within 14 days after the conviction is quashed, apply to the court that made the order for the order to be confirmed.\n\t(2)\tHowever, unless a court decides otherwise on an application under subsection (1), the quashing of the conviction does not affect the forfeiture order—\n\t(a)\tfor 14 days after the conviction is quashed; or\n\t(b)\tif the DPP makes an application under subsection (1).\n65—Notice of application for confirmation of forfeiture order\n\t(1)\tThe DPP must give written notice of an application for confirmation of the forfeiture order to—\n\t(a)\tthe person whose conviction was quashed; and\n\t(b)\tany person—\n\t(i)\twho claims, or prior to the forfeiture claimed, an interest in property covered by the forfeiture order; and\n\t(ii)\twhom the DPP reasonably believes may have had an interest in property covered by the forfeiture order before the forfeiture.\n\t(2)\tThe court may, at any time before finally determining the application—\n66—Procedure on application for confirmation of forfeiture order\n\t(1)\tA person who claims an interest in property covered by the forfeiture order may appear and adduce evidence at the hearing of the application for confirmation of the order.\n\t(2)\tA court may, in determining the application, have regard to—\n\t(ii)\tif the person was taken to be convicted of the offence because of section 5(1)(c)—the other offence referred to in that paragraph,\n67—Court may confirm forfeiture order\nA court may confirm a forfeiture order made under section 47(1)(a) or (3)(a) if satisfied that the court could, at the time it made that order, have instead made a forfeiture order under some other provision of section 47 (if the DPP had applied for an order under that other provision).\n68—Effect of court's decision on confirmation of forfeiture order\n\t(1)\tIf a court confirms the forfeiture order under section 67, the order is taken not to be affected by the quashing of the person's conviction of the serious offence.\n\t(2)\tIf the court decides not to confirm the forfeiture order, the order is discharged.\n69—Administrator must not deal with forfeited property before the court decides on confirmation of forfeiture order\nThe Administrator must not, during the period starting on the day after the person's conviction of the serious offence was quashed and ending when the court confirms, or decides not to confirm, the forfeiture order, do any of the things required under section 93 in relation to property covered by the order, or amounts received from the disposal of the property.\n70—Giving notice if a forfeiture order is discharged on appeal or by quashing of a conviction\n\t(a)\ta forfeiture order that covered particular property is discharged by a court hearing an appeal against the making of the order; or\n\t(b)\ta forfeiture order that covered particular property is discharged under section 64 or section 68(2),\nthen the DPP—\n\t(c)\tmust, as soon as practicable, give written notice of the discharge to any person the DPP reasonably believes may have had an interest in the property immediately before the order was made; and\n\t(d)\tmust, if required by a court, give or publish notice of the discharge to a specified person or class of persons.\n\t(2)\tThe court may specify the time and manner in which a notice under subsection (1)(d) is to be given or published.\n\t(3)\tA notice given under this section must include a statement to the effect that a person claiming to have had an interest in that property may apply under section 71 for the transfer of the interest, or its value, to the person.\n71—Returning property etc following the discharge of a forfeiture order\n\t(a)\ta forfeiture order has been discharged in relation to property specified in the forfeiture order—\n\t(i)\tby a court hearing an appeal against the making of the order; or\n\t(ii)\tunder section 64 or 68; and\n\t(b)\ta person who had an interest in the property immediately before the order was made applies in writing to the Minister for the transfer of the interest to the person,\nthe Minister must—\n\t(c)\tif the property is vested in the Crown—cause an interest in the property equivalent to the interest held by the person immediately before the order was made to be transferred to the person; or\n\t(d)\tif the property is no longer vested in the Crown—cause an amount equal to the value of the interest held by the person immediately before the order was made in the property to be paid to the person.\n\t(2)\tThe Minister may do or authorise the doing of anything necessary or convenient to effect a transfer, including—\n\t(b)\tapplying for registration of an interest in the property on any appropriate register.\n","sortOrder":9},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"Buying back interests in forfeited property etc","content":"Subdivision 4—Buying back interests in forfeited property etc\n72—A person may buy back interest in forfeited property\n\t(1)\tThe payment to the Crown, while the property is still vested in the Crown, of an amount declared under section 55(c) to be the value of the person's interest, discharges the forfeiture order to the extent to which it relates to the interest and the Minister must cause the interest to be transferred to the person in whom it was vested immediately before the property was forfeited.\n\t(2)\tThe Minister may do or authorise the doing of anything necessary or convenient to effect a transfer, including—\n\t(b)\tapplying for registration of an interest in the property on an appropriate register.\n73—A person may buy out another person's interest in forfeited property\nThe Minister must cause an interest in property to be transferred to a person if—\n\t(a)\tthe property is forfeited to the Crown under this Division; and\n\t(b)\tthe interest is required to be transferred to the person under section 71(1) or 72(1), or under a direction under section 59(2)(c); and\n\t(c)\tthe person's interest in the property, immediately before the forfeiture, was not the only interest in the property; and\n\t(d)\tthe person gives written notice to each other person who had an interest in the property immediately before the forfeiture that—\n\t(i)\tthe person intends to purchase that other interest from the Crown; and\n\t(ii)\tthe other person may, within 21 days after receiving the notice, lodge a written objection to the purchase of the interest with the Minister; and\n\t(e)\tno person served with a notice under paragraph (d) in relation to the interest lodges a written objection under that paragraph; and\n\t(f)\tthe person pays to the Crown, while the property is still vested in the Crown, an amount equal to the value of the interest.\nDivision 2—Forfeiture on conviction of a serious offence\n","sortOrder":10},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Forfeiture on conviction of a serious offence","content":"Subdivision 1—Forfeiture on conviction of a serious offence\n74—Forfeiting restrained property without forfeiture order if person convicted of serious offence\n\t(1)\tProperty is forfeited to the Crown at the end of the relevant period if—\n\t(a)\ta person is convicted of a serious offence; and\n\t(i)\tat the end of the relevant period, the property is covered by a restraining order that relates to the offence; or\n\t(ii)\tthe property was covered by a restraining order that relates to the offence, but the property was excluded, or the order revoked, under section 38 or section 44; and\n\t(c)\tthe property is not subject to an order under section 76 excluding the property from forfeiture under this Division.\n\t(2)\tFor the purposes of this section, it does not matter whether—\n\t(a)\tthe restraining order was made before or after the person's conviction of the serious offence; or\n\t(b)\timmediately before forfeiture, the property is the person's property or another person's property.\n\t(3)\tHowever, this section does not apply if the person is taken to have been convicted under section 5(1)(d).\n\t(4)\tA restraining order in relation to a related offence with which the person has been charged, or is proposed to be charged, is taken, for the purposes of this section, to be a restraining order in relation to the serious offence of which the person was convicted.\n\t(5)\tIf—\n\t(a)\tparticular property is excluded from a restraining order under section 38, or a restraining order that covered particular property is revoked under section 44; and\n\t(b)\tthe security referred to in section 38(a)(iii) or section 44(a)(iii) (as the case requires) in connection with the exclusion or revocation is still in force,\nthe security is taken, for the purposes of this section and section 75, to be the property referred to in subsection (1).\n\t(6)\tIn this section—\nrelevant period means—\n\t(a)\tthe 6 month period starting on the day of the conviction; or\n\t(b)\tif, at the end of the 6 month period starting on the day of the conviction, an extended period applies in accordance with section 75—that extended period.\n75—Extended period\n\t(1)\tAn extended period will apply for the purposes of the definition of relevant period in section 74 if the applicant has, not later than 6 months after the start of the day of the relevant conviction, applied to a court under this Act to exclude the property from the restraining order or to exclude the property from forfeiture and that application has not yet been finally determined.\n\t(2)\tThe extended period applying is the period ending when the application to exclude property from the restraining order or from forfeiture (as the case may be) is finally determined.\n76—Excluding property from forfeiture under this Division\n\t(1)\tThe court that made the restraining order referred to in section 74(1)(b) may make an order excluding particular property from forfeiture under this Division if—\n\t(a)\ta person has been convicted of a serious offence to which the restraining order relates; and\n\t(ab)\ta person applies for the exclusion order; and\n\t(ac)\tthe applicant owns the property; and\n\t(b)\tthe property is covered by the restraining order (or is security given under section 38(a)(iii) for the exclusion of property that was covered by the restraining order or under section 44(a)(iii) for the revocation of the restraining order); and\n\t(c)\tthe court is satisfied that—\n\t(i)\tthe property is not proceeds of unlawful activity; and\n\t(ia)\tthe person convicted of the serious offence to which the restraining order relates—\n\t(A)\tis not, as a result of the conviction, a prescribed drug offender; or\n\t(B)\tis, as a result of the conviction, a prescribed drug offender but the property is protected property of the person; and\n\t(ii)\tthe applicant's interest in the property was lawfully acquired; and\n\t(iii)\tit would not be contrary to the public interest for the property to be excluded from such forfeiture.\n\t(2)\tTo avoid doubt, an order under this section cannot be made in relation to property if the property has already been forfeited under this Division.\n\t(3)\tThe applicant must give written notice to the DPP of both the application and the grounds on which the order is sought.\n76AA—Excluding property based on cooperation with law enforcement agency\n\t(1)\tThe court that made the restraining order referred to in section 74(1)(b) may make an order excluding particular property from forfeiture under this Division if—\n\t(a)\ta person applies for the order; and\n\t(b)\tthe applicant has become a prescribed drug offender as a result of being convicted of the serious offence to which the restraining order relates; and\n\t(c)\tthe applicant owns the property; and\n\t(d)\tthe court is satisfied that the property is neither proceeds nor an instrument of unlawful activity; and\n\t(e)\tthe court is satisfied that it would be appropriate to reduce the effect of forfeiture because—\n\t(i)\tthe person has cooperated with a law enforcement agency by providing a witness statement and an undertaking to provide oral testimony; and\n\t(ii)\tthat cooperation was not taken into account by the court in sentencing the person; and\n\t(iii)\tthe cooperation relates directly to a serious and organised crime offence that has been committed or may be committed in the future.\n\t(1a)\tIn determining whether to exclude property under this section, the court must have regard to such of the following as may be relevant:\n\t(a)\tthe nature and extent of the applicant's cooperation;\n\t(b)\tthe timeliness of the cooperation;\n\t(c)\tthe truthfulness, completeness and reliability of any information or evidence provided by the applicant;\n\t(d)\tthe evaluation (if any) by the authorities of the significance and usefulness of the applicant's cooperation;\n\t(e)\tany benefit that the applicant has gained or is likely to gain by reason of the cooperation;\n\t(f)\tthe degree to which the safety of the applicant (or some other person) has been put at risk of violent retribution as a result of the applicant's cooperation;\n\t(g)\tthe likelihood that the applicant will commit further offences,\nand may have regard to any other factor or principle the court thinks relevant.\n\t(2)\tTo avoid doubt, an order under this section cannot be made in relation to property if the property has already been forfeited under this Division.\n\t(2a)\tIf the court is of the view that an exclusion order made in respect of particular property in accordance with this section would alert other persons to the applicant's cooperation and as a result put the applicant at risk of violent retribution, it may make an exclusion order—\n\t(a)\tspecifying the nature, extent and value (at the time of making the order) of the property concerned; and\n\t(b)\tdirect the Crown to pay the applicant an amount equal to the value specified in paragraph (a).\n\t(3)\tThe applicant must give written notice to the DPP of both the application and the grounds on which the order is sought.\n\t(5)\tThis section is in addition to, and does not derogate from, section 76.\n76A—No exclusion where forfeiture taken into account in sentencing\nDespite section 76 but subject to section 76AA, if a court has, in determining sentence in respect of a person's conviction of a serious offence, taken into account any forfeiture of property under this Act that relates to the offence or that might result from conviction for the offence, the convicted person cannot apply for an order under this Subdivision excluding the property from forfeiture under this Division.\n77—Court may declare that property has been forfeited under this Division\nThe court that made the restraining order referred to in section 74(1)(b) may declare that particular property has been forfeited under this Division if—\n\t(a)\tthe DPP applies to the court for the declaration; and\n\t(b)\tthe court is satisfied that the property is forfeited under this Division.\nSubdivision 2—Recovery of forfeited property\n78—Court may make orders relating to transfer of forfeited property etc\nIf property is forfeited to the Crown under section 74, the court that made the restraining order referred to in section 74(1)(b) may, if—\n\t(a)\ta person who claims an interest in the property applies under section 80 for an order under this section; and\n\t(i)\tthe person was not involved in the commission of the serious offence to which the forfeiture relates; and\n\t(ii)\tthe person's interest in the property—\n\t(A)\tis not subject to the effective control of the person whose conviction caused the forfeiture; and\n\t(B)\tis not proceeds of the serious offence or an instrument of the offence; and\n\t(c)\tthe court is satisfied that—\n\t(i)\tthe property was not used in, or in connection with, an unlawful activity and was not derived or realised, directly or indirectly, by any person from an unlawful activity; and\n\t(ii)\tthe applicant acquired the property lawfully; and\n\t(iii)\tthe applicant is not the person convicted of the serious offence to which the forfeiture relates,\n\t(d)\tdeclare the nature, extent and value of the applicant's interest in the property; and\n\t(e)\t—\n\t(i)\tif the interest is still vested in the Crown—direct the Crown to transfer the interest to the applicant; or\n\t(ii)\tdeclare that there is payable by the Crown to the applicant an amount equal to the value declared under paragraph (d).\n79—Court may make orders relating to buying back forfeited property\nIf property is forfeited to the Crown under section 74, the court that made the restraining order referred to in section 74(1)(b) may, if—\n\t(a)\ta person who claims an interest in the property applies under section 80 for an order under this section; and\n\t(i)\tit would not be contrary to the public interest for the person's interest to be transferred to the person; and\n\t(ii)\tthere is no other reason why the person's interest should not be transferred to the person,\n\t(c)\tdeclare the nature, extent and value (as at the time when the order is made) of the interest; and\n\t(d)\tdeclare that the forfeiture ceases to operate in relation to the person's interest if payment is made under section 72.\n80—Applying for orders under sections 78 and 79\n\t(1)\tAn application for an order under section 78 or 79 must be made before the end of the period of 6 months commencing on the day on which the property to which the application relates is forfeited to the Crown.\n\t(2)\tHowever, the court may give a person permission to apply after the end of that period if the court is satisfied that the delay in making the application is not due to neglect on the part of the person.\n\t(3)\tA person who was given notice of—\n\t(a)\tproceedings for the application for the restraining order by virtue of which the property is forfeited; or\n\t(b)\tthe making of the restraining order,\nmust not apply for an order under section 78 or 79 relating to the property.\n\t(4)\tHowever, the court may give a person permission to apply if the court is satisfied that the person's failure to seek to have the property excluded from the forfeiture by an order under section 76 was not due to any neglect on the part of the person.\n81—A person may buy back interest in forfeited property\n\t(a)\tproperty is forfeited to the Crown under section 74; and\n\t(b)\ta court makes an order under section 79 in respect of an interest in the property; and\n\t(c)\tthe amount specified in the order as the value of the interest is, while the interest is still vested in the Crown, paid to the Crown, \nthe Administrator must cause the interest to be transferred to the person in whom it was vested immediately before the property was forfeited to the Crown.\n\t(2)\tThe Administrator may do or authorise the doing of anything necessary or convenient to effect a transfer, including—\n\t(b)\tapplying for registration of an interest in the property on an appropriate register.\n82—A person may buy out another person's interest in forfeited property\nThe Administrator must cause an interest in property to be transferred to a person if—\n\t(a)\tthe property is forfeited to the Crown under section 74; and\n\t(b)\tthe interest is required to be transferred to the person under this Division; and\n\t(c)\tthe person's interest in the property, immediately before the forfeiture, was not the only interest in the property; and\n\t(d)\tthe person gives written notice to each other person who had an interest in the property immediately before the forfeiture that—\n\t(i)\tthe person intends to purchase the other interest from the Crown; and\n\t(ii)\tthe other person may, within 21 days after receiving the notice, lodge a written objection to the purchase of the interest with the Administrator; and\n\t(e)\tno person served with notice under paragraph (d) in relation to the interest lodges a written objection under that paragraph; and\n\t(f)\tthe purchaser pays to the Crown, while the interest is still vested in the Crown, an amount equal to the value of the interest.\n83—The effect on forfeiture of convictions being quashed\n\t(1)\tIf, after forfeiture of property under section 74 in relation to a person's conviction of a serious offence—\n\t(a)\tthe person's conviction is subsequently quashed; and\n\t(b)\tthe forfeiture does not also relate to the person's conviction of other offences that have not been quashed; and\n\t(c)\tthe DPP does not, within 14 days after the conviction is quashed, apply to the court that made the restraining order referred to in section 74(1)(b) for the forfeiture to be confirmed,\nthe Administrator must, as soon as practicable after 14 days after the conviction is quashed have elapsed—\n\t(d)\tif the property is vested in the Crown—cause an interest in the property equivalent to the interest held by the person immediately before the order was made to be transferred to the person; or\n\t(e)\tif the property is no longer vested in the Crown—cause an amount equal to the value of the interest held by the person immediately before the order was made in the property to be paid to the person.\n\t(2)\tIf—\n\t(a)\tthe DPP makes an application of the kind referred to in subsection (1)(c); and\n\t(b)\tthe court decides not to confirm the forfeiture,\nthe Administrator must, as soon as practicable after the application is determined—\n\t(c)\tif the property is vested in the Crown—cause an interest in the property equivalent to the interest held by the person immediately before the order was made to be transferred to the person; or\n\t(d)\tif the property is no longer vested in the Crown—cause an amount equal to the value of the interest held by the person immediately before the order was made in the property to be paid to the person.\n\t(3)\tThe Administrator may do or authorise the doing of anything necessary or convenient to effect a transfer, including—\n\t(b)\tapplying for registration of an interest in the property on any appropriate register.\n84—Notice of application for confirmation of forfeiture\n\t(1)\tThe DPP must give written notice of an application for confirmation of the forfeiture to—\n\t(a)\tthe person whose conviction was quashed; and\n\t(b)\tany person—\n\t(i)\twho claims, or prior to the forfeiture claimed, an interest in the forfeited property; and\n\t(ii)\twhom the DPP reasonably believes may have had an interest in the forfeited property before the forfeiture.\n\t(2)\tA court may, at any time before finally determining the application—\n85—Procedure on application for confirmation of forfeiture\n\t(1)\tA person who claims an interest in property covered by the forfeiture may appear and adduce evidence at the hearing of the application for confirmation of the forfeiture.\n\t(2)\tA court may, in determining the application, have regard to—\n\t(ii)\tif the person was taken to be convicted of that offence because of section 5(1)(c)—the other offence referred to in that paragraph,\n86—Court may confirm forfeiture\nThe court may confirm the forfeiture if satisfied that it could make a forfeiture order under section 47 in relation to the serious offence in relation to which the person's conviction was quashed if the DPP were to apply for an order under that section.\n87—Effect of court's decision on confirmation of forfeiture\nIf a court confirms the forfeiture under section 86, the forfeiture is taken not to be affected by the quashing of the person's conviction of the serious offence.\n88—Administrator must not deal with forfeited property before the court decides on confirmation of forfeiture\nThe Administrator must not, during the period starting on the day after the person's conviction of the serious offence was quashed and ending when the court confirms, or decides not to confirm, the forfeiture, do any of the things required under section 93 in relation to the forfeited property, or amounts received from the disposal of the property.\n89—Giving notice if forfeiture ceases to have effect on quashing of a conviction\n\t(1)\tIf property was forfeited under section 74 but section 83(1) or (2) applies to the forfeiture, then the DPP—\n\t(a)\tmust, as soon as practicable after the forfeiture ceases to have effect, give written notice of the cessation to any person the DPP reasonably believes may have had an interest in that property immediately before the forfeiture; and\n\t(b)\tmust, if required by a court, give or publish notice of the cessation to a specified person or class of persons.\n\t(2)\tThe court may specify the time and manner in which a notice under subsection (1)(b) is to be given or published.\nDivision 3—Forfeited property\n90—What property is forfeited and when\n\t(1)\tSubject to this section—\n\t(a)\tproperty specified in a forfeiture order vests absolutely in the Crown at the time the order is made; and\n\t(b)\tproperty forfeited under section 74 vests absolutely in the Crown at the time of the forfeiture.\n\t(2)\tIf property specified in the forfeiture order, or forfeited under section 74, is registrable property—\n\t(a)\tthe property vests in equity in the Crown, but does not vest in the Crown at law until the applicable registration requirements have been complied with; and\n\t(b)\tthe DPP has power to do anything necessary or convenient to give notice of, or otherwise protect, the Crown's equitable interest in the property; and\n\t(c)\tthe Crown is entitled to be registered as the owner of the property; and\n\t(d)\tthe Administrator has power to do, or authorise the doing of, anything necessary or convenient to obtain the registration of the Crown as the owner.\n\t(3)\tIf a person—\n\t(a)\twas, immediately before his or her death, the joint owner of property specified in the forfeiture order; and\n\t(b)\tdied before the order was made, but—\n\t(i)\tafter the DPP applied for the order; or\n\t(ii)\twhile a restraining order covering the property was in force,\nthat property is taken to have vested in the Crown immediately before the person's death (and any such restraining order is also taken to have continued to apply to the property as if the person had not died).\n\t(4)\tIf—\n\t(a)\ta person who is convicted of a serious offence was, immediately before his or her death, the joint owner of property; and\n\t(b)\tthe period that would apply under section 74 if the property were subject to forfeiture under that section in relation to the conviction had not ended before the person's death; and\n\t(c)\tthe period had ended immediately before the person's death the property would have been forfeited under section 74,\nthe property is taken to have vested in the Crown immediately before the person's death.\n\t(5)\tAn action by the DPP under subsection (2)(b) is not a dealing for the purposes of section 91(1) or section 92(1).\n\t(6)\tThe Administrator's powers under subsection (2)(d) include executing any instrument required to be executed by a person transferring an interest in property of that kind.\n91—When the Crown can begin dealing with property specified in a forfeiture order\n\t(1)\tThe Crown may only dispose of, or otherwise deal with, property specified in a forfeiture order after, and only if the order is still in force—\n\t(i)\tif an appeal has not been lodged within the period provided for lodging an appeal against the order—the end of the period; or\n\t(ii)\tif an appeal against the order has been lodged within the period provided for lodging an appeal against the order—the appeal lapses or is finally determined; or\n\t(b)\tif the order was made in relation to a person's conviction of a serious offence—\n\t(i)\tif an appeal has not been lodged within the period provided for lodging an appeal against the conviction—the end of the period; or\n\t(ii)\tif an appeal against the conviction has been lodged—the appeal lapses or is finally determined,\nwhichever is the later.\n\t(2)\tHowever, the Crown may dispose of, or otherwise deal with, property specified in a forfeiture order at an earlier time with the permission of, and in accordance with any directions of, the court.\n\t(3)\tFor the purposes of subsection (1)(b)—\n\t(a)\tif the person is to be taken to have been convicted of the offence because of section 5(1)(b)—an appeal against the finding of the person guilty of the offence is taken to be an appeal against the conviction; and\n\t(b)\tif the person is to be taken to have been convicted of the offence because of section 5(1)(c)—an appeal against the person's conviction of the other offence referred to in that paragraph is taken to be an appeal against the conviction.\n92—When the Crown can begin dealing with property forfeited under section 74\n\t(1)\tThe Crown may only dispose of, or otherwise deal with, property forfeited under section 74 in relation to a person's conviction of a serious offence if—\n\t(a)\tthe period applying under section 74(6) has come to an end; and\n\t(b)\tthe conviction has not been quashed by that time.\n\t(2)\tFor the purposes of subsection (1), the Crown may dispose of or otherwise deal with the property—\n\t(a)\tif the conviction is one in relation to which neither section 5(1)(b) nor (c) applies—\n\t(i)\tif an appeal has not been lodged within the period provided for lodging an appeal against the conviction—after the end of the period; or\n\t(ii)\tif an appeal against the conviction has been lodged within the period provided for lodging an appeal against the conviction—after the appeal lapses or is finally determined; or\n\t(b)\tif the person is taken to have been convicted because of section 5(1)(b)—\n\t(i)\tif an appeal has not been lodged within the period provided for lodging an appeal against the finding of the person guilty of the serious offence—after the end of the period; or\n\t(ii)\tif an appeal has been lodged within the period provided for lodging an appeal against the finding of the person guilty of the serious offence—after the appeal lapses or is finally determined; or\n\t(c)\tif the person is taken to have been convicted because of section 5(1)(c)—\n\t(i)\tif an appeal has not been lodged within the period provided for lodging an appeal against the person's conviction of the other offence referred to in that paragraph—after the end of the period; or\n\t(ii)\tif an appeal has been lodged within the period provided for lodging an appeal against the person's conviction of the other offence referred to in that paragraph—after the appeal lapses or is finally determined.\n\t(3)\tHowever, the Crown may dispose of, or otherwise deal with, the property earlier with the permission of, and in accordance with any directions of, the court.\n93—How forfeited property must be dealt with\n\t(1)\tThe Administrator must—\n\t(a)\tin the case of a forfeiture order—if the order is still in force at the later time referred to in section 91(1); or\n\t(b)\tin the case of a forfeiture under section 74—after the relevant period referred to in that section,\nas soon as practicable dispose of property (other than money) specified in the order or forfeited under section 74.\n\t(1a)\tTo avoid doubt, property may be disposed of under this section by selling the property, arranging for the destruction of the property or in any other manner the Administrator thinks appropriate in the circumstances.\n\t(2)\tAny amounts received from the disposal of property in accordance with this section must, along with any monetary amounts specified in the forfeiture order or forfeited under section 74, then be dealt with in accordance with section 209.\n94—Dealings with forfeited property\nA person is guilty of an offence if—\n\t(a)\tthe person knows that a forfeiture order has been made in respect of registrable property; and\n\t(b)\tthe person disposes of, or otherwise deals with, the property before the Crown's interest has been registered on the appropriate register (whether or not the person knows the Crown's interest has not yet been registered); and\n\t(c)\tthe forfeiture order has not been discharged.\nPart 5—Other confiscation orders\nDivision 1—Pecuniary penalty orders\nSubdivision 1—Pecuniary penalty orders\n95—Making pecuniary penalty orders\n\t(1)\tA court must, on application by the DPP, make an order (a pecuniary penalty order) requiring a specified person to pay to the Crown an amount determined under Subdivision 2 if satisfied that—\n\t(a)\tthe person has been convicted of, or has committed, a serious offence; and\n\t(b)\tthe person derived benefits from the commission of the offence.\n\t(2)\tA court may, on application by the DPP, make an order (a pecuniary penalty order) requiring a specified person to pay to the Crown an amount determined under Subdivision 2 if satisfied that—\n\t(a)\tthe person has been convicted of, or has committed, a serious offence; and\n\t(b)\tthe person's property includes an instrument of the offence.\n\t(3)\tIn considering whether it is appropriate to make a pecuniary penalty order under subsection (2), the court may have regard to—\n\t(a)\tany hardship that may reasonably be expected to be caused to any person (other than the person against whom the order is sought) by the operation of the order; and\n\t(b)\tthe use that is ordinarily made, or was intended to be made, of the property; and\n\t(c)\tthe gravity of the offence or offences concerned; and\n\t(d)\tany other matter the court thinks fit.\n\t(4)\tA court is not prevented from making a pecuniary penalty order in relation to a serious offence merely because of the existence of another confiscation order in relation to the offence.\n\t(5)\tAn application for a pecuniary penalty order must be made—\n\t(a)\tbefore the end of the period of 9 months commencing on the conviction day; or\n\t(b)\tif, at the end of the period of 9 months commencing on the conviction day, an extended period applies in accordance with section 75—before the end of the period of 3 months commencing on the day the extended period ends.\n\t(6)\tAn application for a pecuniary penalty order may be made in relation to one or more serious offences.\n\t(7)\tAn application may be made for a pecuniary penalty order in relation to benefits derived from the commission of a serious offence even if—\n\t(a)\ta forfeiture order in relation to the offence, or an application for such a forfeiture order, has been made; or\n\t(b)\tPart 4 Division 2 applies to the offence.\n\t(8)\tA person who would be subject to a pecuniary penalty order if it were made may appear and adduce evidence at the hearing of the application.\n96—Additional application for pecuniary penalty order\n\t(1)\tThe DPP cannot, unless the court gives permission, apply for a pecuniary penalty order against a person in respect of benefits derived from the commission of a serious offence or a pecuniary penalty order against a person in respect of an instrument of the offence if—\n\t(a)\tan application has previously been made for a pecuniary penalty order in respect of the benefits or instrument (as the case may be); and\n\t(b)\tthe application has been finally determined on the merits.\n\t(2)\tThe court must not give permission unless it is satisfied that—\n\t(a)\tthe benefit or instrument to which the new application relates was identified only after the first application was determined; or\n\t(b)\tnecessary evidence became available only after the first application was determined; or\n\t(c)\tit is in the interests of justice to grant the permission.\n\t(3)\tExcept as provided in this section, nothing prevents the DPP from making more than 1 application for a pecuniary penalty order against a person in relation to a serious offence.\n97—Pecuniary penalty orders made in relation to serious offence convictions\n\t(1)\tA court must not make a pecuniary penalty order in relation to a person's conviction of a serious offence until after the end of the period of 6 months commencing on the conviction day.\n\t(2)\tHowever, the court may make a pecuniary penalty order in relation to the person's conviction when it passes sentence on the person.\n\t(3)\tSubsection (1) does not apply if the person is taken to have been convicted of the serious offence because of section 5(1)(d).\n98—Making of pecuniary penalty order if person has absconded\nA court must not, if a person is taken under section 5(1)(d) to have been convicted of a serious offence, make a pecuniary penalty order relating to the person's conviction unless—\n\t(a)\tthe court is satisfied, on the balance of probabilities, that the person has absconded; and\n\t(i)\tthe person has been committed for trial for the offence; or\n\t(ii)\tthe court is satisfied, having regard to all the evidence before the court, that a reasonable jury, properly instructed, or the Magistrates Court (as the case requires) could lawfully find the person guilty of the offence.\n98A—Property subject to a person's effective control\nFor the purposes of this Division, the court may treat as property of a person any property that is, in the court's opinion, subject to the person's effective control.\nSubdivision 2—Pecuniary penalty order amounts\n99—Determining penalty amounts\nThe amount that a person is ordered to pay under a pecuniary penalty order (the penalty amount) is determined by—\n\t(a)\tin the case of an application under section 95(1)—\n\t(i)\tassessing under this Subdivision the total value of the benefits the person derived from—\n\t(A)\tthe commission of the serious offence; and\n\t(B)\tthe commission of any other offence that constitutes unlawful activity; and\n\t(ii)\tsubtracting from the total value the sum of the reductions (if any) in the penalty amount under sections 107 and 108; or\n\t(b)\tin the case of an application under section 95(2)—assessing the value of the instrument (as at the time of assessment) and subtracting from the value the sum of the reductions (if any) in the penalty amount under sections 107 and 108.\n100—Evidence the court is to consider in assessing the value of benefits\nIn assessing the value of benefits that a person has derived from the commission of a serious offence or serious offences, the court must have regard to the evidence before it concerning—\n\t(a)\tthe money, or the value of property other than money, that, in connection with the commission of the offence or offences, came into the possession or under the control of—\n\t(i)\tthe person; or\n\t(ii)\tanother person at the person's request or direction; and\n\t(b)\tthe value of any other benefit that, in connection with the commission of the offence or offences, was provided to—\n\t(i)\tthe person; or\n\t(ii)\tanother person at the person's request or direction or in accordance with an arrangement entered into by the person; and\n\t(c)\tif any of the illegal activity consisted of doing an act or thing in relation to a drug—\n\t(i)\tthe market value, at the time of the offence, of similar or substantially similar drugs; and\n\t(ii)\tthe amount that was, or the range of amounts that were, ordinarily paid for the doing of a similar or substantially similar act or thing; and\n\t(d)\tthe value of the person's property before, during and after the commission of the offence or offences; and\n\t(e)\tthe person's income and expenditure before, during and after the commission of the offence or offences; and\n\t(f)\tany other matter the court considers relevant.\n101—Value of benefits derived\n\t(a)\tan application is made for a pecuniary penalty order against a person in relation to a serious offence or serious offences; and\n\t(b)\tat the hearing of the application, evidence is given that the value of the person's property during or after the commission of the offence or offences, or any other unlawful activity that the person has engaged in, exceeded the value of the person's property before the commission of the offence or offences,\nthe court is to treat the value of the benefits derived by the person from the commission of the offence or offences as being not less than the amount of the greatest excess.\n\t(2)\tThe amount treated as the value of the benefits under this section is reduced to the extent (if any) that the court is satisfied that the excess was due to causes unrelated to the commission of the serious offence or serious offences or any other unlawful activity that the person has engaged in.\n\t(3)\tIf, at the hearing of the application, evidence is given of the person's expenditure during or after the commission of the serious offence or serious offences, or any other unlawful activity that the person has engaged in, the amount of the expenditure is presumed, unless the contrary is proved, to be the value of a benefit that was provided to the person in connection with the commission of the serious offence or serious offences.\n\t(4)\tSubsection (3) does not apply to expenditure to the extent that it resulted in the acquisition of property that is taken into account under subsection (1).\n102—Value of benefits may be as at time of assessment\n\t(1)\tIn quantifying the value of a benefit for the purposes of this Subdivision, a court may treat as the value of the benefit the value that the benefit would have had if derived at the time the court makes its assessment of the value of benefits.\n\t(2)\tWithout limiting subsection (1), the court may have regard to any decline in the purchasing power of money between the time when the benefit was derived and the time the court makes its assessment.\n103—Matters that do not reduce the value of benefits\nIn assessing the value of benefits that a person has derived from the commission of a serious offence or serious offences, the following must not be subtracted:\n\t(a)\tany expenses or outgoings the person incurred in relation to the offence or offences;\n\t(b)\tthe value of any part of the benefits derived from the commission of the offence or offences that the person derives as agent for, or otherwise on behalf of, another person (whether or not the other person receives any of the benefits).\n104—Benefits and instruments already the subject of pecuniary penalty\n\t(1)\tA benefit or instrument is not to be taken into account for the purposes of this Subdivision if a pecuniary penalty has been imposed in respect of the benefit or instrument under this Act or any other law.\n\t(2)\tFor the purposes of this section, a pecuniary penalty imposed in respect of a benefit includes a literary proceeds amount ordered in respect of the benefit.\n106—Effect of property vesting in an insolvency trustee\nFor the purposes of this Subdivision, a person's property is taken to continue to be the person's property if it vests in any of the following:\n\t(a)\tin relation to a bankruptcy—the trustee of the estate of the bankrupt;\n\t(b)\tin relation to a composition or scheme of arrangement under Division 6 of Part IV of the Bankruptcy Act 1966 of the Commonwealth—the trustee of the composition or scheme of arrangement;\n\t(c)\tin relation to a deed of assignment, a deed of arrangement or a composition under Part X of the Bankruptcy Act 1966 of the Commonwealth—the trustee of the deed or the composition;\n\t(d)\tin relation to the estate of a deceased person in respect of which an order has been made under Part XI of the Bankruptcy Act 1966 of the Commonwealth—the trustee of the estate.\n107—Reducing penalty amounts to take account of forfeiture and proposed forfeiture\n\t(1)\tIf a pecuniary penalty order relates to benefits derived from the commission of a serious offence, the penalty amount under the order is reduced by an amount equal to the value, at the time of the making of the order, of any property that is proceeds of the serious offence if—\n\t(a)\tthe property has been forfeited, under this Act or any other law, in relation to the offence to which the order relates; or\n\t(b)\tan application has been made for a forfeiture order that would cover the property.\n\t(2)\tIf a pecuniary penalty order relates to instruments of a serious offence, the penalty amount under the order is reduced by an amount equal to the value, at the time of making the order, of any instruments of the offence if—\n\t(a)\tthe instruments have been forfeited, under this Act or any other law, in relation to the offence to which the order relates; or\n\t(b)\tan application has been made for a forfeiture order that would cover the instruments.\n108—Reducing penalty amounts to take account of fines etc\n\t(1)\tThe court may, if it considers it appropriate, reduce the penalty amount under a pecuniary penalty order made in relation to a serious offence by an amount equal to a monetary sum paid, or payable, by the person in relation to the offence (or equal to any proportion of such a monetary sum).\n\t(2)\tIn this section—\nmonetary sum means a monetary amount paid by way of fine, restitution, compensation or damages.\n109—Varying pecuniary penalty orders to increase penalty amounts\n\t(1)\tA court may, on the application of the DPP, vary a pecuniary penalty order against a person—\n\t(i)\tif the penalty amount was reduced under section 107 to take account of a forfeiture of property or a proposed forfeiture order against property; and\n\t(ii)\tan appeal against the forfeiture or forfeiture order is allowed, or the proceedings for the proposed forfeiture order terminate without the proposed forfeiture order being made,\nby increasing the penalty amount by an amount equal to the value of the property; and\n\t(b)\t—\n\t(i)\tif the penalty amount was reduced under section 107 to take account of an amount of tax paid by the person; and\n\t(ii)\tan amount is repaid or refunded to the person in respect of that tax,\nby increasing the penalty amount by an amount equal to the amount repaid or refunded.\n\t(2)\tThe DPP's application may deal with more than one increase to the same penalty amount.\nDivision 2—Literary proceeds orders\nSubdivision 1—Literary proceeds orders\n110—Meaning of literary proceeds\n\t(1)\tLiterary proceeds are any benefit that a person derives from the commercial exploitation of—\n\t(a)\tthe person's notoriety resulting from the person committing a serious offence; or\n\t(b)\tthe notoriety of another person involved in the commission of the serious offence resulting from the first-mentioned person committing the offence.\n\t(2)\tThe commercial exploitation may be by any means, including—\n\t(a)\tpublishing material in written or electronic form; or\n\t(b)\tany use of media from which visual images, words or sounds can be produced; or\n\t(c)\tany live entertainment, representation or interview.\n\t(3)\tA court may, in determining—\n\t(a)\twhether a person has derived literary proceeds; or\n\t(b)\tthe value of literary proceeds that a person has derived,\ntreat as property of the person any property that, in the court's opinion—\n\t(c)\tis subject to the person's effective control; or\n\t(d)\twas not received by the person, but was transferred to, or (in the case of money) paid to, another person at the person's direction.\n111—Making literary proceeds orders\n\t(1)\tA court may, on application by the DPP, make an order (a literary proceeds order) requiring a person to pay an amount to the Crown if the court is satisfied that the person—\n\t(a)\thas committed a serious offence (whether or not the person has been convicted of the offence); and\n\t(b)\thas derived literary proceeds in relation to the offence.\n\t(2)\tFor the purposes of this section, the literary proceeds must have been derived after the commencement of this Act.\n\t(3)\tMore than one literary proceeds order may be made against a person in relation to the same serious offence.\n\t(4)\tThe court's power to make a literary proceeds order in relation to a serious offence is not affected by the existence of another confiscation order in relation to the offence.\n\t(5)\tA person who would be subject to a literary proceeds order if it were made may appear and adduce evidence at the hearing of the application.\n112—Matters taken into account in deciding whether to make literary proceeds orders\nIn determining whether to make a literary proceeds order, the court may take into account any matter it thinks fit, and must take into account—\n\t(a)\tthe nature and purpose of the product or activity from which the literary proceeds were derived; and\n\t(b)\twhether supplying the product or carrying out the activity was in the public interest; and\n\t(c)\tthe social, cultural or educational value of the product or activity; and\n\t(d)\tthe seriousness of the offence to which the product or activity relates; and\n\t(e)\thow long ago the offence was committed.\nSubdivision 2—Literary proceeds amounts\n113—Determining literary proceeds amounts\n\t(1)\tThe amount that a person is ordered to pay under a literary proceeds order (the literary proceeds amount) is the amount that the court thinks appropriate.\n\t(2)\tHowever, the amount must not exceed the amount of the literary proceeds relating to the serious offence to which the order relates, less any deductions or reductions arising under section 114 or section 121.\n\t(3)\tIn determining the amount, the court is to have regard to any matters it thinks fit, including—\n\t(a)\tthe amount of the literary proceeds relating to the serious offence; and\n\t(b)\tif the person stood trial for the serious offence—the evidence adduced in the proceedings for the offence; and\n\t(c)\tif the person was convicted of the serious offence—the transcript of the sentencing proceedings.\n114—Deductions from literary proceeds amounts\nIn determining the amount to be paid under a literary proceeds order against a person, the court must deduct, to the extent that the property is literary proceeds—\n\t(a)\tany expenses and outgoings that the person incurred in deriving the literary proceeds; and\n\t(b)\tthe value of any property of the person forfeited under—\n\t(i)\tthis Act; or\n\t(ii)\ta recognised Australian forfeiture order; or\n\t(iii)\ta foreign forfeiture order,\nrelating to the serious offence to which the literary proceeds order relates; and\n\t(c)\tany amount payable by the person under—\n\t(i)\ta pecuniary penalty order; or\n\t(ii)\ta recognised Australian pecuniary penalty order; or\n\t(iii)\ta foreign pecuniary penalty order,\nrelating to the serious offence to which the literary proceeds order relates; and\n\t(d)\tthe amount of any previous literary proceeds order made against the person in relation to the same exploitation of the person's notoriety resulting from the person committing the serious offence in question.\n115—Varying literary proceeds orders to increase literary proceeds amounts\n\t(1)\tA court may, on the application of the DPP, vary a literary proceeds order against a person—\n\t(i)\tif the value of property of the person forfeited under a forfeiture order, a recognised Australian forfeiture order or a foreign forfeiture order was deducted from the literary proceeds amount under section 114(b); and\n\t(ii)\tan appeal against the forfeiture, or against the order, is allowed,\nby increasing the amount to be paid under the literary proceeds order by an amount equal to the value of the property; and\n\t(b)\t—\n\t(i)\tif an amount payable under a pecuniary penalty order, a recognised Australian pecuniary penalty order or a foreign pecuniary penalty order was deducted under section 114(c) from the amount to be paid under the literary proceeds order; and\n\t(ii)\tan appeal against the amount payable, or against the order, is allowed,\nby increasing the amount to be paid under the literary proceeds order by an amount equal to the amount that was payable; and\n\t(c)\t—\n\t(i)\tif, in determining the amount to be paid under the literary proceeds order, the court took into account, under section 121, an amount of tax paid by the person who is the subject of the order; and\n\t(ii)\tan amount is repaid or refunded to the person in respect of that tax,\nby increasing the amount to be paid under the literary proceeds order by an amount equal to the amount repaid or refunded.\n\t(2)\tThe DPP's application may deal with more than one increase to the amount to be paid under the literary proceeds order.\n","sortOrder":11},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Literary proceeds amounts may cover future literary proceeds","content":"Subdivision 3—Literary proceeds amounts may cover future literary proceeds\n116—Literary proceeds orders can cover future literary proceeds\n\t(1)\tA court may, on the application of the DPP, include in a literary proceeds order one or more amounts in relation to benefits that the person who is the subject of the order may derive in the future if the court is satisfied that—\n\t(a)\tthe person will derive the benefits; and\n\t(b)\tif the person derives the benefits, they will be literary proceeds in relation to the serious offence to which the order relates.\n\t(2)\tEach amount included in the order is to be an amount that the court considers would be a literary proceeds amount in relation to a benefit that the person may derive in the future, if the court were to make a literary proceeds order after the person derived the benefit.\n117—Enforcement of literary proceeds orders in relation to future literary proceeds\nIf—\n\t(a)\tan amount is included in a literary proceeds order in relation to benefits that the person who is the subject of the order may derive in the future; and\n\t(b)\tthe person subsequently derives the benefits,\nthen, from the time the person derives the benefits, Part 5 Division 3 Subdivision 4 applies to the amount as if it were a literary proceeds amount.\nDivision 3—Matters generally applicable to orders under this Part\nSubdivision 1—Applications for confiscation orders under this Part\n118—Notice of application\n\t(1)\tThe DPP must give written notice of an application for a confiscation order under this Part to the person who would be subject to the order if it were made, and must include a copy of the application, and any affidavit supporting the application, with the notice.\n\t(2)\tHowever, if the DPP requests and the court considers it appropriate—\n\t(a)\tin order to protect the integrity of any investigation or prosecution; or\n\t(b)\tfor any other reason,\nthe DPP may delay giving a copy of an affidavit to the person.\n\t(3)\tThe court may, at any time before finally determining an application for a confiscation order under this Part—\n119—Amending an application\n\t(1)\tThe court hearing an application for a confiscation order under this Part may, on the application of the DPP or with the consent of the DPP, amend the application.\n\t(2)\tHowever, the court must not amend the application to include an additional benefit or instrument or additional literary proceeds (as the case requires) in the application unless the court is satisfied that—\n\t(a)\tthe benefit, instrument or literary proceeds were not reasonably capable of identification when the application was originally made; or\n\t(b)\tnecessary evidence became available only after the application was originally made.\n\t(3)\tThe DPP must, on applying for an amendment to include an additional benefit or instrument or additional literary proceeds (as the case requires) in the application, give written notice of the application to amend to the person who would be subject to the confiscation order if it were made.\nSubdivision 2—Ancillary orders\n120—Ancillary orders\n\t(1)\tThe court that made a confiscation order under this Part, or any other court that could have made the confiscation order, may make any ancillary orders that the court considers appropriate.\n\t(2)\tAn ancillary order may be made—\n\t(a)\tif made by the court that made the confiscation order under this Part—when making the order; or\n\t(b)\tin any case—at any time after the confiscation order is made.\nSubdivision 3—Reducing pecuniary penalty amount or literary proceeds amount\n121—Reducing penalty amounts and literary proceeds amounts to take account of tax paid\n\t(1)\tA court making a pecuniary penalty order that relates to proceeds of a serious offence, or a literary proceeds order, against a person under this Part must reduce the penalty amount or literary proceeds amount under the order by an amount that, in the court's opinion, represents the extent to which tax that the person has paid is attributable to the benefits or literary proceeds (as the case requires) to which the order relates.\n\t(2)\tThe tax may be tax imposed under a law of the Commonwealth, a State, a Territory or a foreign country.\nSubdivision 4—Enforcement\n122—Enforcement of confiscation orders under this Part\n\t(1)\tA confiscation order under this Part is enforceable under the Enforcement of Judgments Act 1991.\n\t(2)\tHowever, if a pecuniary penalty order was made under section 97(2) when sentence was being passed on the person for the serious offence to which the order relates, the order cannot be enforced against the person within the period of 6 months commencing on the day the order was made.\n\t(3)\tIf a pecuniary penalty order is made against a person after the person's death, this section has effect as if the person had died on the day after the order was made.\n123—Property subject to a person's effective control\n\t(a)\ta person is subject to a confiscation order made by a court under this Part; and\n\t(b)\tthe DPP applies to the court for an order under this section; and\n\t(c)\tthe court is satisfied that particular property is subject to the effective control of the person,\nthe court may make an order declaring that the whole, or a specified part, of that property is available to satisfy the confiscation order.\n\t(2)\tAn order under subsection (1) may be enforced against the property as if the property were the person's property.\n\t(3)\tA restraining order may be made in respect of the property as if—\n\t(a)\tthe property were the person's property; and\n\t(b)\tthe person had committed a serious offence.\n\t(4)\tThe DPP must, on applying for an order under subsection (1) relating to particular property, give written notice of the application to—\n\t(a)\tthe person who is subject to the confiscation order; and\n\t(b)\ta person whom the DPP has reason to believe may have an interest in the property.\n\t(5)\tThe person who is subject to the confiscation order, and any person who claims an interest in the property, may appear and adduce evidence at the hearing of the application.\n","sortOrder":12},{"sectionNumber":"Subdiv 5","sectionType":"subdivision","heading":"Effect of acquittals and quashing of convictions","content":"Subdivision 5—Effect of acquittals and quashing of convictions\n124—Acquittals do not affect confiscation orders under this Part\nThe fact that a person has been acquitted of a serious offence with which the person has been charged does not affect the court's power to make a confiscation order under this Part in relation to the offence.\n125—Discharge of confiscation order under this Part if made in relation to a conviction\n\t(1)\tA confiscation order under this Part made in relation to a person's conviction of a serious offence is discharged if—\n\t(a)\tthe person's conviction of the offence is subsequently quashed (whether or not the order relates to the person's conviction of other offences that have not been quashed); and\n\t(b)\tthe DPP does not, within 14 days after the conviction is quashed, apply to the court that made the order for the order to be confirmed.\n\t(2)\tHowever, unless a court decides otherwise on an application under subsection (1), the quashing of the conviction does not affect the order—\n\t(a)\tfor 14 days after the conviction is quashed; or\n\t(b)\tif the DPP makes an application under subsection (1).\n126—Confiscation order under this Part unaffected if not made in relation to a conviction\nA confiscation order under this Part made in relation to a serious offence, but not in relation to a person's conviction of the offence, is not affected if the person is convicted of the offence and the conviction is subsequently quashed.\n127—Notice of application for confirmation of confiscation order under this Part\nThe DPP must give written notice of an application for confirmation of a confiscation order under this Part to the person who is the subject of the order.\n128—Procedure on application for confirmation of confiscation order under this Part\n\t(1)\tThe person who is the subject of a confiscation order under this Part may appear and adduce evidence at the hearing of the application for confirmation of the order.\n\t(2)\tThe court may, in determining the application, have regard to—\n\t(ii)\tif the person was taken to be convicted of the serious offence because of section 5(1)(c)—the other offence referred to in that paragraph,\n129—Court may confirm confiscation order under this Part\n\t(1)\tA court may confirm a confiscation order under this Part if satisfied that, when the DPP applied for the order, the court could have made the order—\n\t(a)\tin the case of a pecuniary penalty order—on the ground that the person had committed the serious offence or some other serious offence; or\n\t(b)\tin the case of a literary proceeds order—on the ground that the person had committed the serious offence in relation to which the person's conviction was quashed or some other serious offence; or\n\t(c)\tin any case—without relying on the person's conviction of the serious offence.\n\t(2)\tA court that confirms a confiscation order under this Part may—\n\t(a)\tmake such variations to the confiscation order as the court thinks fit; and\n\t(b)\tmake such ancillary orders as the court thinks fit.\n130—Effect of court's decision on confirmation of confiscation order under this Part\n\t(1)\tIf a court confirms a confiscation order under this Part in accordance with section 129, the order is taken not to be affected by the quashing of the person's conviction of the serious offence.\n\t(2)\tIf the court decides not to confirm the confiscation order, the order is discharged.\n","sortOrder":13},{"sectionNumber":"Part 6","sectionType":"part","heading":"Information gathering","content":"Part 6—Information gathering\nDivision A1—Duty to provide information\n130A—Suspect to provide information as to interests in restrained property\nIf property of, or subject to the effective control of, a suspect becomes subject to a restraining order, the suspect must, within 14 days or such longer period as may be allowed by the DPP, provide the DPP with a statement specifying—\n\t(a)\tnames and contact information for any persons or other entities who hold an interest in the property; and\n\t(b)\tany other particulars of a kind prescribed by the regulations.\nMaximum penalty: $2 500 or imprisonment for 6 months.\nDivision 1—Examinations\nSubdivision 1—Examination orders\n131—Examination orders relating to restraining orders\n\t(1)\tIf an application for a restraining order has been made or a restraining order is in force, a relevant court may, on the application of the DPP, make an order (an examination order) for the examination of any person, including—\n\t(a)\ta person whose property is to be or is, or a person who has or claims an interest in property that is to be or is, the subject of the restraining order; or\n\t(b)\ta person identified in the affidavit or other evidence submitted in support of the application for the restraining order as a suspect for the serious offence to which the restraining order relates; or\n\t(c)\ta spouse or domestic partner of a person referred to in paragraph (a) or (b),\nabout the affairs (including the nature and location of any property) of a person referred to in paragraph (a), (b) or (c).\n\t(2)\tAn examination order ceases to have effect if the restraining order to which it relates ceases to have effect.\n\t(3)\tIn this section—\nrelevant court means—\n\t(a)\tif an application for a restraining order has been made—the court to whom the application has been made; or\n\t(b)\tif a restraining order is in force—the court that made the restraining order or any other court that could have made the restraining order.\n132—Examination orders relating to applications for confirmation of forfeiture\n\t(1)\tIf an application relating to the quashing of a person's conviction of a serious offence is made under section 64, 83 or 125, the court to which the application is made may, on the application of the DPP, make an order (an examination order) for the examination of any person, including—\n\t(a)\tthe person whose conviction is quashed; or\n\t(b)\ta person whose property is, or a person who has an interest in property that is, the subject of the forfeiture, pecuniary penalty order or literary proceeds order (as the case may require) to which the application relates; or\n\t(c)\ta spouse or domestic partner of a person referred to in paragraph (a) or (b),\nabout the affairs (including the nature and location of any property) of a person referred to in paragraph (a), (b) or (c).\n\t(2)\tThe examination order ceases to have effect—\n\t(a)\tif the application is withdrawn; or\n\t(b)\twhen the court finally determines the application.\nSubdivision 2—Examination notices\n133—Examination notices\n\t(1)\tThe DPP may give to a person who is the subject of an examination order a written notice (an examination notice) for the examination of the person.\n\t(2)\tA person who is the subject of an examination order may be given more than one examination notice under this section.\n\t(3)\tHowever, the DPP must not give an examination notice if—\n\t(a)\tan application has been made under section 43 for the restraining order to which the notice relates to be revoked; and\n\t(b)\tthe court to which the application is made orders that examinations are not to proceed.\n\t(4)\tThe fact that criminal proceedings have been commenced (whether or not under this Act) does not prevent the DPP giving the examination notice.\n134—Form and content of examination notices\n\t(1)\tAn examination notice—\n\t(a)\tmust be in the prescribed form; and\n\t(b)\tmust require the person to attend the examination; and\n\t(c)\tmust specify the time and place of the examination; and\n\t(d)\tmust specify such further information as the regulations may require.\n\t(2)\tAn examination notice may require the person to produce at the examination the documents specified in the notice.\nSubdivision 3—Conducting examinations\n135—Time and place of examination\n\t(1)\tThe examination of a person subject to an examination order must be conducted—\n\t(a)\tat the time and place specified in the examination notice; or\n\t(b)\tat such other time and place as the DPP decides on the request of—\n\t(i)\tthe person being examined, or the legal practitioner representing the person; or\n\t(ii)\ta person who is entitled to be present during an examination because of a direction under section 137(2).\n\t(2)\tIf a person who is required by an examination notice to attend an examination refuses or fails to attend the examination at the time and place required in accordance with subsection (1), the DPP may apply to the Magistrates Court for the issue of a warrant to have the person arrested and brought before the DPP for the purpose of conducting the examination.\n\t(3)\tAn examination of a person subject to an examination order may be conducted by video link or telephone in a manner determined by the DPP.\n\t(4)\tIf, after the examination notice is given—\n\t(a)\tan application has been made under section 43 for the restraining order to which the notice relates to be revoked; and\n\t(b)\tthe court to which the application is made orders that examinations are not to proceed,\nthe DPP must—\n\t(c)\tgive the person a written notice withdrawing the examination notice; and\n\t(d)\tif the examination of the person has started but not finished—stop the examination.\n\t(5)\tNothing in this section prevents the DPP giving the person a further examination notice if the application for revocation of the restraining order is unsuccessful.\n\t(6)\tThe fact that criminal proceedings have been commenced (whether or not under this Act) does not prevent the examination of a person.\n136—Requirements made of person examined\n\t(1)\tA person subject to an examination order may be examined on oath by the DPP.\n\t(2)\tThe DPP may, for that purpose—\n\t(a)\trequire the person to take an oath; and\n\t(b)\tadminister an oath to the person.\n\t(3)\tThe oath to be taken by the person for the purposes of the examination is an oath that the statements that the person will make will be true.\n\t(4)\tAn examination must not relate to a person's affairs—\n\t(a)\tif the examination relates to a restraining order and the person is no longer a person whose affairs can, under section 131, be subject to the examination; or\n\t(b)\tif the examination relates to the quashing of a conviction for a serious offence and the person is no longer a person whose affairs can, under section 132, be subject to the examination.\n\t(5)\tThe DPP may require the person to answer a question that—\n\t(a)\tis put to the person at the examination; and\n\t(b)\tis relevant to the affairs (including the nature and location of any property) of a person referred to in section 131(1)(a), (b) or (c) or section 132(1)(a), (b) or (c).\n137—Examination to take place in private\n\t(1)\tAn examination is to take place in private.\n\t(2)\tThe DPP may give directions about who may be present during an examination.\n\t(3)\tThe following people are entitled to be present at the examination:\n\t(a)\tthe DPP;\n\t(b)\tthe person being examined, and the legal practitioner representing the person;\n\t(c)\tany other person who is entitled to be present because of a direction under subsection (2).\n138—Role of the examinee's legal practitioner during examination\n\t(1)\tThe legal practitioner representing a person being examined may, at such times during the examination as the DPP determines—\n\t(a)\taddress the DPP; and\n\t(b)\texamine the person being examined,\nabout any matter about which the DPP has examined the person.\n\t(2)\tThe DPP may require a legal practitioner who, in the DPP's opinion, is trying to obstruct the examination by exercising rights under subsection (1), to stop addressing the DPP, or stop his or her examination, as the case requires.\n139—Record of examination\n\t(1)\tThe DPP—\n\t(a)\tmay cause a record to be made of statements made at an examination; and\n\t(b)\tmust, at the request of the person being examined—\n\t(i)\tmake a record of statements made at an examination; and\n\t(ii)\tif the record is not a written record—cause the record to be reduced to writing.\n\t(2)\tIf a record made under subsection (1) is in writing or is reduced to writing, the DPP must, if the person being examined makes a request in writing, provide without charge a copy of the written record.\n140—Questions of law\nThe DPP may—\n\t(a)\ton his or her own initiative; or\n\t(b)\tat the request of the person being examined,\nrefer a question of law arising at an examination to the court that made the examination order.\n141—DPP may restrict publication of certain material\n\t(1)\tThe DPP may—\n\t(a)\ton his or her own initiative; or\n\t(b)\tat the request of the person being examined,\ngive directions preventing or restricting disclosure to the public of—\n\t(c)\tmatters contained in answers given, or documents produced, in the course of the examination; or\n\t(d)\tthe whole or part of any written record of the examination.\n\t(2)\tIn deciding whether or not to give a direction, the DPP must have regard to—\n\t(a)\twhether—\n\t(i)\tan answer that has been or may be given; or\n\t(ii)\ta document that has been or may be produced; or\n\t(iii)\ta matter that has arisen or may arise,\nduring the examination is of a confidential nature or relates to the commission, or to the alleged or suspected commission, of a serious offence; and\n\t(b)\tany unfair prejudice to a person's reputation that would be likely to be caused if the DPP does not give the direction; and\n\t(c)\twhether giving the direction is in the public interest; and\n\t(d)\tany other relevant matter.\n142—Protection of DPP etc\n\t(1)\tThe DPP has, in the performance of his or her duties under this Division, the same protection and immunity as a Judge of the Supreme Court.\n\t(2)\tA legal practitioner appearing at an examination on behalf of the person being examined has the same protection and immunity as a legal practitioner appearing for a party in proceedings in the Supreme Court.\n\t(3)\tSubject to this Act, the person being examined has the same protection and, in addition to the penalties provided by this Act, is subject to the same liabilities as a witness in proceedings in the Supreme Court.\nSubdivision 4—Offences\n143—Failing to attend an examination\n\t(a)\tis required by an examination notice to attend an examination; and\n\t(b)\trefuses or fails to attend the examination at the time and place specified in the notice,\n144—Offences relating to appearance at an examination\n\t(1)\tA person attending an examination to answer questions or produce documents must not—\n\t(a)\trefuse or fail to be sworn; or\n\t(b)\trefuse or fail to answer a question that the DPP requires the person to answer; or\n\t(c)\trefuse or fail to produce at the examination a document specified in the examination notice that required the person's attendance; or\n\t(d)\tleave the examination before being excused by the DPP.\n\t(2)\tSubsection (1)(c) does not apply if the person complied with the notice in relation to production of the document to the extent that it was practicable to do so.\n145—Self-incrimination\n\t(1)\tIf a natural person is required to give information, answer a question or produce, or provide a copy of, a document under section 144 and the information, answer, document or record would tend to incriminate the person or make the person liable to a penalty (including a penalty in the nature of a confiscation order under this Act), the person must nevertheless give the information, answer the question or produce, or provide a copy of, the document or record, but the information, answer, document or record will not be admissible in evidence against the person in proceedings for an offence (other than proceedings in respect of the making of a false or misleading statement or declaration).\n\t(2)\tTo avoid doubt, an answer given or document produced under section 144 is admissible in proceedings—\n146—Unauthorised presence at an examination\n\t(a)\tis present at an examination; and\n\t(b)\tis not entitled to be present,\n147—Breaching conditions on which records of statements are provided\nA person who breaches a condition imposed under section 141(1)(d) relating to a record given to the person under section 139 is guilty of an offence.\n148—Breaching directions preventing or restricting publication\n\t(1)\tA person is guilty of an offence if—\n\t(a)\tthe person publishes a matter contained in answers given or documents produced in the course of an examination; and\n\t(b)\tthe publication is in contravention of a direction given under section 141 by the DPP.\n\t(2)\tHowever, subsection (1) does not apply to the disclosure of a matter—\n\t(a)\tto obtain legal advice or legal representation in relation to the order; or\n\t(b)\tfor the purposes of, or in the course of, legal proceedings.\nDivision 2—Production orders\n149—Interpretation\n\t(1)\tFor the purposes of this Division, a property-tracking document is any of the following:\n\t(a)\ta document relevant to identifying, locating or quantifying property owned by or subject to the effective control of a person—\n\t(i)\twho has been convicted of, charged with, or who it is proposed will be charged with, a serious offence; or\n\t(ii)\twhom there are reasonable grounds to suspect of having engaged in conduct constituting a serious offence;\n\t(b)\ta document relevant to identifying or locating a document necessary for the transfer of property owned by or subject to the effective control of a person referred to in paragraph (a);\n\t(c)\ta document relevant to identifying, locating or quantifying—\n\t(i)\tproceeds of a serious offence, or an instrument of a serious offence, of which a person has been convicted or with which a person has been charged or is proposed to be charged; or\n\t(ii)\tproceeds of a serious offence, or an instrument of a serious offence, that a person is reasonably suspected of having committed;\n\t(d)\ta document relevant to identifying or locating a document necessary for the transfer of property referred to in paragraph (c);\n\t(e)\ta document relevant to identifying, locating or quantifying literary proceeds in relation to a serious offence of which a person has been convicted or which a person is reasonably suspected of having committed;\n\t(f)\ta document that would assist in the reading or interpretation of a document referred to in this definition.\n\t(2)\tA document referred to in subsection (1) does not need to be relevant to identifying, locating or quantifying proceeds of a particular serious offence.\n150—Making production orders\n\t(1)\tSubject to this section, a magistrate may, on the application of an authorised officer, make an order (a production order) requiring a person to—\n\t(a)\tproduce one or more property-tracking documents; or\n\t(b)\tmake one or more property-tracking documents available,\nto an authorised officer for inspection.\n\t(2)\tA magistrate must not make a production order unless the magistrate is satisfied by information on oath that the person is reasonably suspected of having possession or control of the documents.\n\t(3)\tTo avoid doubt, an authorised officer applying for a production order need not give notice of the application to any person.\n151—Contents of production orders\n\t(1)\tA production order must—\n\t(a)\tspecify the nature of the documents required; and\n\t(b)\tspecify the place at which the person must produce the documents or make the documents available; and\n\t(c)\tspecify the time at which, or the times between which, the person must produce the documents or make the documents available; and\n\t(d)\tspecify the name of the authorised officer who, unless he or she inserts the name of another authorised officer in the order, is to be responsible for giving the order to the person; and\n\t(e)\tif the order specifies that information about the order must not be disclosed—set out the effect of section 157; and\n\t(f)\tset out the effect of section 158.\n\t(2)\tSubject to subsection (3), the time or times specified under subsection (1)(c) must be at least 14 days from the day on which the order is given.\n\t(3)\tA magistrate making a production order may specify an earlier time or times under subsection (1)(c) if satisfied that it will not cause hardship to the person required to produce documents or make documents available.\n152—Powers under production orders\nAn authorised officer may inspect, take extracts from, or make copies of, a document produced or made available under a production order.\n153—Retaining produced documents\n\t(1)\tAn authorised officer may retain a document produced under a production order for as long as is necessary for the purposes of this Act.\n\t(2)\tA person to whom a production order is given may require the authorised officer to—\n\t(a)\tcertify in writing a copy of the document retained to be a true copy and give the person the copy; or\n\t(b)\tallow the person to—\n\t(i)\tinspect the document; and\n\t(ii)\ttake extracts from the document; and\n\t(iii)\tmake copies of the document.\n154—Self-incrimination\n\t(1)\tIf a natural person is required to give information, answer a question or produce, or provide a copy of, a document or record under a production order and the information, answer, document or record would tend to incriminate the person or make the person liable to a penalty (including in the nature of a confiscation order under this Act), the person must nevertheless give the information, answer the question or produce, or provide a copy of, the document or record, but the information, answer, document or record will not be admissible in evidence against the person in proceedings for an offence other than proceedings in respect of the making of a false or misleading statement or declaration.\n\t(2)\tTo avoid doubt, an answer given or document produced under a production order is admissible in proceedings—\n155—Varying production orders\n\t(1)\tThe magistrate who made a production order may—\n\t(a)\ton the application of the person required to produce a document to an authorised officer under the production order; and\n\t(b)\tif satisfied that the document is essential to the person's business activities,\nvary the order so that it instead requires the person to make the document available for inspection.\n\t(2)\tIf the magistrate who made the production order is unavailable, then any other magistrate may vary the order.\n156—Making false statements in applications\nA person who makes a false or misleading statement in, or in connection with, an application for a production order or an application for a variation of a production order is guilty of an offence.\n157—Disclosing existence or nature of production orders\n\t(a)\tis given a production order that specifies that information about the order must not be disclosed; and\n\t(i)\tdiscloses the existence or nature of the order to another person; or\n\t(ii)\tdiscloses information to another person from which the other person could infer the existence or nature of the order,\n\t(2)\tSubsection (1) does not apply if the disclosure is made—\n\t(a)\tto an employee, agent or other person in order to obtain a document that is required by the order in order to comply with it, and that other person is directed not to inform the person to whom the document relates about the matter; or\n\t(b)\tto obtain legal advice or legal representation in relation to the order; or\n\t(c)\tfor the purposes of, or in the course of, legal proceedings.\n158—Failing to comply with a production order\n\t(a)\tis given a production order in relation to a property-tracking document; and\n\t(b)\tfails to comply with the order; and\n\t(c)\thas not been excused from complying under subsection (2),\n\t(2)\tA person is excused from complying if—\n\t(a)\tthe person gives an authorised officer a statutory declaration stating that the person does not have possession or control of the document; and\n\t(b)\tthe authorised officer notifies the person in writing that the person is excused from complying with the production order.\n159—Destroying etc a document subject to a production order\nA person is guilty of an offence if the person destroys, defaces or otherwise interferes with a property-tracking document knowing, or recklessly indifferent to the fact, that a production order is in force requiring the document to be produced or made available to an authorised officer.\nDivision 3—Notices to financial institutions\n160—Giving notices to financial institutions\n\t(1)\tA police officer of or above the rank of Superintendent may give a written notice to a financial institution requiring the institution to provide to an authorised officer any information or documents relevant to any of the following:\n\t(a)\tdetermining whether an account is held by a specified person with the financial institution;\n\t(b)\tdetermining whether a specified person is a signatory to an account;\n\t(c)\tif a person holds an account with the institution—the current balance of the account;\n\t(d)\tdetails of transactions on such an account over a specified period of up to 6 months;\n\t(e)\tdetails of any related accounts (including names of those who hold those accounts);\n\t(f)\ta transaction conducted by the financial institution on behalf of a specified person.\n\t(2)\tA notice must—\n\t(a)\tstate that the police officer believes that the notice is required—\n\t(i)\tto determine whether to take any action under this Act; or\n\t(ii)\tin relation to proceedings under this Act; and\n\t(b)\tspecify the name of the financial institution; and\n\t(c)\tspecify the information or documents required to be provided; and\n\t(d)\tspecify the form and manner in which the information or documents are to be provided; and\n\t(e)\tstate that the information or documents must be provided within a period specified in the notice, being not less than 3, or more than 7, business days after the day on which the notice is given; and\n\t(f)\tif the notice specifies that information about the notice must not be disclosed—set out the effect of section 163; and\n\t(g)\tset out the effect of section 164.\n\t(3)\tThe police officer must not issue the notice unless the officer reasonably believes that giving the notice is required—\n\t(a)\tto determine whether to take any action under this Act; or\n\t(b)\tin relation to proceedings under this Act.\n161—Immunity from liability\nNo liability attaches to—\n\t(a)\ta financial institution; or\n\t(b)\tan officer, employee or agent of the institution,\nin relation to any action taken by the institution or person under a notice under section 160 or in the mistaken belief that action was required under the notice.\n162—Making false statements in notices\nA person who makes a false or misleading statement (whether orally, in a document or in any other way) in, or in connection with, a notice under section 160 is guilty of an offence.\n163—Disclosing existence or nature of notice\n\t(a)\tis given a notice under section 160 that specifies that information about the notice must not be disclosed; and\n\t(i)\tdiscloses the existence or nature of the order to another person; or\n\t(ii)\tdiscloses information to another person from which the other person could infer the existence or nature of the order,\n\t(2)\tSubsection (1) does not apply if the disclosure is made—\n\t(a)\tto an employee, agent or other person in order to obtain a document that is required by the order in order to comply with it, and that other person is directed not to inform the person to whom the document relates about the matter; or\n\t(b)\tto obtain legal advice or legal representation in relation to the order; or\n\t(c)\tfor the purposes of, or in the course of, legal proceedings.\n164—Failing to comply with a notice\n\t(a)\tis given a notice under section 160; and\n\t(b)\tfails to comply with the notice,\nDivision 4—Monitoring orders\n165—Making monitoring orders\n\t(1)\tA judge of the District Court may, on the application of an authorised officer, make an order (a monitoring order) that a financial institution provide information about transactions conducted during a specified period (including a future period) through an account held by a specified person with the institution.\n\t(2)\tA judge must not make a monitoring order unless satisfied that there are reasonable grounds for suspecting that the person in respect of whose account the information is sought—\n\t(a)\thas committed, or is about to commit, a serious offence; or\n\t(b)\twas involved in the commission, or is about to be involved in the commission, of a serious offence; or\n\t(c)\thas benefited directly or indirectly, or is about to benefit directly or indirectly, from the commission of a serious offence.\n166—Contents of monitoring orders\n\t(1)\tA monitoring order must—\n\t(a)\tspecify the name or names in which the account is believed to be held; and\n\t(b)\tspecify the information that the financial institution is required to provide; and\n\t(c)\tspecify the period during which the order operates; and\n\t(d)\tspecify the enforcement agency to which the information is to be provided; and\n\t(e)\tspecify the form and manner in which the information is to be given; and\n\t(f)\tif the order specifies that information about the order must not be disclosed—set out the effect of section 169; and\n\t(g)\tset out the effect of section 170.\n\t(2)\tThe period referred to in subsection (1)(c) must—\n\t(a)\tbegin no earlier than the day on which notice of the monitoring order is given to the financial institution; and\n\t(b)\tend no later than 3 months after the date of the order.\n167—Immunity from liability\nNo liability attaches to—\n\t(a)\ta financial institution; or\n\t(b)\tan officer, employee or agent of the institution,\nin relation to any action taken by the institution or person in complying with a monitoring order or in the mistaken belief that action was required under the order.\n168—Making false statements in applications\nA person who makes a false or misleading statement (whether orally, in a document or in any other way) in, or in connection with, an application for a monitoring order is guilty of an offence.\n169—Disclosing existence or operation of monitoring order\n\t(1)\tA person who discloses the existence or the operation of a monitoring order to another person and the disclosure—\n\t(a)\tis not to a person specified in subsection (4); and\n\t(b)\tis not for a purpose specified in subsection (4),\n\t(2)\tA person who discloses information to another person from which the other person could infer the existence or operation of a monitoring order, and the disclosure—\n\t(a)\tis not to a person specified in subsection (4); and\n\t(b)\tis not for a purpose specified in subsection (4),\n\t(3)\tA person who—\n\t(a)\treceives information relating to a monitoring order in accordance with subsection (4); and\n\t(b)\tceases to be a person to whom information could be disclosed in accordance with subsection (4); and\n\t(c)\tmakes a record of, or discloses, the existence or the operation of the order,\n\t(4)\tA person may disclose the existence or the operation of a monitoring order to the following persons for the following purposes:\n\t(a)\tthe head of the enforcement agency specified under section 166(1)(d) or an authorised officer of that agency—\n\t(i)\tfor the purpose of performing that person's duties; or\n\t(ii)\tfor the purpose of, or for purposes connected with, legal proceedings; or\n\t(iii)\tfor purposes arising in the course of proceedings before a court;\n\t(b)\tthe Director of AUSTRAC, or a member of the staff of AUSTRAC who is authorised by the Director of AUSTRAC as a person who may be advised of the existence of a monitoring order—\n\t(i)\tfor the purpose of performing that person's duties; or\n\t(ii)\tfor the purpose of, or for purposes connected with, legal proceedings; or\n\t(iii)\tfor purposes arising in the course of proceedings before a court;\n\t(c)\tan officer or agent of the financial institution for the purpose of ensuring that the order is complied with;\n\t(d)\ta barrister or solicitor for the purpose of obtaining legal advice or representation in relation to the order.\n170—Failing to comply with monitoring order\n\t(a)\tis given a monitoring order; and\n\t(b)\tfails to comply with the order,\nDivision 5—Search and seizure\n171—Interpretation\nIn this Division—\nmaterial liable to seizure under this Act means—\n\t(a)\ttainted property; or\n\t(b)\tevidence relating to—\n\t(i)\tproperty in respect of which action has been or could be taken under this Act; or\n\t(ii)\tbenefits derived from the commission of a serious offence; or\n\t(iii)\tliterary proceeds.\nSubdivision 2—Search warrants\n172—Warrants authorising seizure of property\n\t(1)\tA magistrate may, on application by an authorised officer, issue a warrant authorising—\n\t(a)\tthe seizure of material liable to seizure under this Act; or\n\t(b)\tthe search of a particular person, or particular premises, and the seizure of material liable to seizure under this Act found in the course of the search.\n\t(2)\tA magistrate may only issue a warrant under this section if satisfied that there are, in the circumstances of the case, reasonable grounds for issuing the warrant.\n\t(3)\tIf a warrant has been issued before the commencement of this subsection authorising (or purporting to authorise) the seizure of money in a bank account held by a financial institution or any other thing as a chose in action—\n\t(a)\tthe issuing of the warrant for that purpose is taken to be valid; and\n\t(b)\tseizure of the money or other thing pursuant to the warrant, and any subsequent actions under this Act in relation to the money or thing so seized, are not liable to legal challenge on the basis that the warrant was invalid; and\n\t(c)\tno liability lies against the Crown or any other person in respect of the seizure or subsequent action under this Act.\n173—Applications for warrants\n\t(1)\tAn application for the issue of a warrant may be made either personally or by telephone.\n\t(2)\tThe grounds of an application for a warrant must be verified by affidavit.\n\t(3)\tAn application for a warrant cannot be made by telephone unless in the opinion of the applicant a warrant is urgently required and there is not enough time to make the application personally.\n\t(4)\tIf an application for a warrant is made by telephone—\n\t(a)\tthe applicant must inform the magistrate of—\n\t(i)\tthe applicant's name; and\n\t(ii)\tthe applicant's rank or position title (as the case requires); and\n\t(iii)\tthe enforcement agency of which the applicant is a member,\nand the magistrate, on receiving that information, is entitled to assume, without further inquiry, that the applicant is an authorised officer; and\n\t(b)\tthe applicant must inform the magistrate of the purpose for which the warrant is required and the grounds on which it is sought; and\n\t(c)\tif it appears to the magistrate from the information given by the applicant that there are proper grounds to issue a warrant, the magistrate must inform the applicant of the facts that justify, in the magistrate's opinion, the issue of the warrant, and must not issue the warrant unless the applicant undertakes to make an affidavit verifying those facts; and\n\t(d)\tif the applicant gives such an undertaking, the magistrate may then make out and sign a warrant, noting on the warrant the facts that justify, in the magistrate's opinion, the issue of the warrant; and\n\t(e)\tthe warrant is taken to have been issued, and comes into force, when signed by the magistrate; and\n\t(f)\tthe magistrate must inform the applicant of the terms of the warrant; and\n\t(g)\tthe applicant must fill out and sign a warrant form (the duplicate warrant) that—\n\t(i)\tsets out the name of the magistrate who issued the original and the terms of the warrant; and\n\t(ii)\tcomplies with any other requirements prescribed by regulation; and\n\t(h)\tthe applicant must, as soon as practicable after the issue of the warrant, forward to the magistrate an affidavit verifying the facts referred to in paragraph (c) and a copy of the duplicate warrant.\n\t(5)\tA magistrate by whom a warrant is issued must file the warrant, or a copy of the warrant, and the affidavit verifying the grounds on which the application for the warrant was made, in the Magistrates Court.\n174—Powers conferred by warrant\n\t(1)\tA warrant authorises an authorised officer, with such assistants as he or she considers necessary—\n\t(a)\tto seize—\n\t(i)\tproperty referred to in the warrant; and\n\t(ii)\tdocuments and other material relevant to identifying, tracing, locating or quantifying property referred to in the warrant; and\n\t(b)\tif the warrant authorises a search of a person—to search the person and seize anything that the authorised officer suspects on reasonable grounds to be material liable to seizure under this Act; and\n\t(c)\tif the warrant authorises a search of premises—to enter into, break open and search the premises and anything in the premises and seize anything that the authorised officer suspects on reasonable grounds to be material liable to seizure under this Act.\n\t(2)\tA warrant must not be executed between the hours of 7 o'clock in the evening and 7 o'clock in the following morning unless the magistrate by whom the warrant is issued expressly authorises its execution between those hours.\n\t(3)\tAn authorised officer, or a person assisting an authorised officer, may use such force as is reasonably necessary for the execution of a warrant but, subject to subsection (4), must not use force to open a part of the premises or to open anything in the premises, unless the person (if any) apparently in charge of the premises has been given a reasonable opportunity to open the premises or thing.\n\t(4)\tThe person apparently in charge of premises need not be given a reasonable opportunity to open the premises or anything in the premises if—\n\t(a)\tit is not possible to give the person such an opportunity; or\n\t(b)\tthe authorised officer, or person assisting an authorised officer, reasonably suspects that the premises, or the thing in the premises might be concealed, destroyed, lost or altered if such an opportunity were given. \n\t(5)\tAn authorised officer who executes a warrant—\n\t(a)\tmust prepare a notice in the prescribed form containing—\n\t(i)\tthe authorised officer's name; and\n\t(ii)\tthe authorised officer's rank or position title (as the case requires); and\n\t(iii)\tthe enforcement agency of which the authorised officer is a member; and\n\t(iv)\tthe name of the magistrate who issued the warrant and the date and time of its issue; and\n\t(v)\ta description of anything seized under the warrant; and\n\t(b)\tmust, as soon as practicable after execution of the warrant—\n\t(i)\tin the case of a warrant authorising search of a person—give the notice to the person; or\n\t(ii)\tin any other case—give the notice to the occupier of the premises or leave it in a prominent position on those premises.\n\t(6)\tA warrant, if not executed at the expiration of one month from the date of its issue, then expires.\n175—Hindering execution of warrant\nA person who, without lawful excuse, hinders an authorised officer, or a person assisting an authorised officer, in the execution of a warrant under this Division is guilty of an offence.\n176—Person with knowledge of a computer or a computer system to assist access etc\n\t(1)\tAn authorised officer responsible for executing a warrant may apply to a magistrate for an order requiring a specified person to provide any information or assistance that is reasonable or necessary to allow an authorised officer to do one or more of the following:\n\t(a)\taccess data held in or accessible from a computer that is on the premises specified in the warrant;\n\t(b)\tcopy the data to a data storage device;\n\t(c)\tconvert the data into documentary form.\n\t(2)\tThe magistrate may make an order if satisfied that—\n\t(a)\tthere are reasonable grounds for suspecting that material liable to seizure under this Act is accessible from the computer referred to in subsection (1)(a); and\n\t(b)\tthe specified person is—\n\t(i)\treasonably suspected of possessing, or having under his or her control, material liable to seizure under this Act; or\n\t(ii)\tthe owner or lessee of the computer; or\n\t(iii)\tan employee of the owner or lessee of the computer; and\n\t(c)\tthe specified person has knowledge of—\n\t(i)\tthe computer or a computer network of which the computer forms a part; or\n\t(ii)\tmeasures applied to protect data held in or accessible from the computer.\n\t(3)\tA person who fails to comply with an order under this section is guilty of an offence.\n177—Providing documents after execution of a search warrant\nIf—\n\t(a)\tdocuments were on, or accessible from, the premises of a financial institution at the time when a search warrant relating to those premises was executed; and\n\t(b)\tthose documents were not able to be located at that time; and\n\t(c)\tthe financial institution provides them to the authorised officer who executed the warrant as soon as practicable after the execution of the warrant,\nthen the documents are taken to have been seized under the warrant.\nSubdivision 3—Seizure without warrant\n178—Seizure without warrant allowed in certain circumstances\nAn authorised officer may seize material if—\n\t(a)\tthe officer suspects on reasonable grounds that the material is liable to seizure under this Act and the person in possession of the material consents to the seizure; or\n\t(b)\tthe material is found in the course of a search conducted under another law and the officer suspects on reasonable grounds that the material is liable to seizure under this Act.\n179—Stopping and searching vehicles\n\t(1)\tIf an authorised officer suspects on reasonable grounds that—\n\t(a)\tmaterial liable to seizure under this Act is in or on a vehicle; and\n\t(b)\tit is necessary to exercise a power under this section in order to prevent the material from being concealed, destroyed, lost or altered; and\n\t(c)\tbecause the circumstances are serious and urgent, it is necessary to exercise the power without the authority of a search warrant,\nthe authorised officer may, with such assistants as he or she considers necessary—\n\t(d)\tstop and detain the vehicle; and\n\t(e)\tsearch the vehicle, and any container in or on the vehicle, for the material; and\n\t(f)\tseize the material if he or she finds it there.\n\t(2)\tIf, in the course of exercising a power under subsection (1), the authorised officer finds other material liable to seizure under this Act, the authorised officer may seize the material if he or she suspects on reasonable grounds that it is necessary—\n\t(a)\tto seize it in order to prevent its concealment, loss or destruction; and\n\t(b)\tbecause the circumstances are serious and urgent, to seize it without the authority of a search warrant.\n\t(3)\tAn authorised officer, or a person assisting an authorised officer, may use such force as is reasonably necessary in exercising a power under this section, but must not use force to open a part of the vehicle or any container in or on the vehicle unless the person (if any) apparently in charge of the vehicle has been given a reasonable opportunity to open that part or container.\n\t(4)\tThe person apparently in charge of a vehicle need not be given a reasonable opportunity to open part of the vehicle or a container in or on the vehicle if—\n\t(a)\tit is not possible to give the person such an opportunity; or\n\t(b)\tthe authorised officer, or person assisting an authorised officer, reasonably suspects that the part or container might be concealed, destroyed, lost or altered if such an opportunity were given.\nSubdivision 4—Dealing with material liable to seizure under this Act\n180—Receipts for material seized\nThe authorised officer who executes a warrant, or a person assisting the authorised officer, must provide a receipt for material liable to seizure under this Act that is seized under the warrant or under Subdivision 3 (as the case requires).\n181—Responsibility for material seized\nIf material liable to seizure under this Act is seized under a search warrant or under Subdivision 3, the responsible custodian must—\n\t(a)\tarrange for the material to be kept until it is dealt with in accordance with this Act; and\n\t(b)\tensure that all reasonable steps are taken to preserve the material while it is kept.\n182—Effect of obtaining forfeiture orders\nIf—\n\t(a)\tmaterial liable to seizure under this Act is seized under a search warrant or under Subdivision 3; and\n\t(b)\twhile the material is in the possession of the responsible custodian, a forfeiture order is made covering the material,\nthe responsible custodian must deal with the material as required by the order.\n183—Returning seized material\n\t(a)\tmaterial liable to seizure under this Act is seized under a search warrant or under Subdivision 3 on the ground that it is evidence relating to—\n\t(i)\tproperty in respect of which action has been or could be taken under this Act; or\n\t(ii)\tbenefits derived from the commission of a serious offence; or\n\t(iii)\tliterary proceeds; and\n\t(i)\tthe reason for the material's seizure no longer exists or it is decided that the material is not to be used in evidence; or\n\t(ii)\tif the material was seized under Subdivision 3—the period of 60 days after the material's seizure has ended,\nthe authorised officer who executed the warrant, or who seized the material under Subdivision 3, (as the case requires) must take reasonable steps to return the material to the person from whom it was seized or to the owner if that person is not entitled to possess it.\n\t(2)\tHowever, the authorised officer does not have to take those steps if—\n\t(a)\tif subsection (1)(b)(ii) applies—\n\t(i)\tproceedings in respect of which the material might afford evidence have been instituted before the end of the 60 days and have not been completed (including an appeal to a court in relation to those proceedings); or\n\t(ii)\tthere is an order in force under section 184; or\n\t(b)\tthe authorised officer is otherwise authorised to retain, destroy or dispose of the material; or\n\t(c)\tthe material is forfeited or forfeitable to the Crown or is the subject of a dispute as to ownership.\n184—Magistrate may order that material be retained\n\t(1)\tIf an authorised officer has seized material liable to seizure under this Act under this Division, and proceedings in respect of which the material might afford evidence have not commenced before the end of—\n\t(a)\t60 days after the seizure; or\n\t(b)\ta period previously specified in an order of a magistrate under this section,\nthe authorised officer may apply to a magistrate for an order that the authorised officer may retain the material for a further period.\n\t(2)\tBefore making an application, an authorised officer must—\n\t(a)\ttake reasonable steps to discover whose interests would be affected by the retention of the material; and\n\t(b)\tif it is practicable to do so, notify such persons of the proposed application.\n\t(3)\tA magistrate may, if satisfied that it is necessary for the purpose of initiating or conducting proceedings under this Act, order that the authorised officer may retain the material for a specified time.\n185—Return of seized material to third parties\n\t(1)\tA person who claims an interest in material liable to seizure under this Act that has been seized under a search warrant, or under Subdivision 3, on the ground that it is suspected of being tainted property may apply to a court for an order that the material be returned to the person.\n\t(2)\tA court must order the responsible custodian of the material to return the material to the applicant if the court is satisfied that—\n\t(a)\tthe applicant is entitled to possession of the material; and\n\t(b)\tthe material is not tainted property in relation to the relevant serious offence; and\n\t(c)\tthe person in respect of whose suspected commission of, or conviction for, a serious offence the material was seized has no interest in the material.\n\t(3)\tIf the court makes an order under subsection (2), the responsible custodian of the material must arrange for the material to be returned to the applicant.\n186—Return of seized material if applications are not made for restraining orders or forfeiture orders\n\t(a)\tmaterial liable to seizure under this Act has been seized under a search warrant, or under Subdivision 3, on the ground that a person believes on reasonable grounds that it is tainted property; and\n\t(b)\tat the time when the material was seized, an application had not been made for a restraining order or a forfeiture order that would cover the material; and\n\t(c)\tsuch an application is not made during the period of 60 days (or such longer period as may be ordered under subsection (1a)) after the day on which the material was seized,\nthe responsible custodian of the material must arrange for the material to be returned to the person from whose possession it was seized as soon as practicable after the end of that period.\n\t(1a)\tA magistrate may, on application by an authorised officer, make an order extending the period of 60 days referred to in subsection (1)(c) by a further period of up to 28 days if satisfied that—\n\t(a)\tthe extension of time is reasonably necessary in order for an application to be made for a restraining order or a forfeiture order that would cover the material; and\n\t(b)\tthe retention of the property for the additional period will not cause undue hardship to the person from whom the material was seized.\n\t(2)\tHowever, this section does not apply to material to which section 187 applies.\n187—Effect of obtaining restraining orders\n\t(a)\tmaterial liable to seizure under this Act has been seized under a search warrant, or under Subdivision 3, on the ground that a person believes on reasonable grounds that it is tainted property; and\n\t(b)\tbut for this subsection, the responsible custodian of the material would be required to arrange for the material to be returned to a person as soon as practicable after the end of a particular period; and\n\t(c)\tbefore the end of that period, a restraining order is made covering the material,\nthen—\n\t(d)\tif the restraining order directs the Administrator to take custody and control of the material—the responsible custodian must arrange for the material to be given to the Administrator in accordance with the restraining order; or\n\t(e)\tif the court that made the restraining order has made an order under subsection (3) in relation to the material—the responsible custodian must arrange for the material to be kept until it is dealt with in accordance with another provision of this Act.\n\t(2)\tIf—\n\t(a)\tmaterial liable to seizure under this Act has been seized under a search warrant, or under Subdivision 3, on the ground that a person believes on reasonable grounds that it is tainted property; and\n\t(b)\ta restraining order is made in relation to the material; and\n\t(c)\tat the time when the restraining order is made, the material is in the possession of the responsible custodian,\nthe responsible custodian of the material may apply to the court that made the restraining order for an order that the responsible custodian retain possession of the material.\n\t(3)\tThe court may, if satisfied that there are reasonable grounds for believing that the material may afford evidence as to the commission of an offence, make an order that the responsible custodian may retain the material for so long as the material is required as evidence as to the commission of that offence.\n\t(4)\tA witness who is giving evidence relating to an application for an order under subsection (2) is not required to answer a question or produce a document if the court is satisfied that the answer or document may prejudice the investigation of, or the prosecution of a person for, an offence.\n188—Effect of refusing applications for restraining orders or forfeiture orders\nIf—\n\t(a)\tmaterial liable to seizure under this Act has been seized under a search warrant, or under Subdivision 3, on the ground that a person believes on reasonable grounds that it is tainted property; and\n\t(b)\tan application is made for a restraining order or a forfeiture order that would cover the material; and\n\t(c)\tthe application is refused; and\n\t(d)\tat the time when the application is refused, the material is in the possession of the responsible custodian,\nthe responsible custodian must arrange for the material to be returned to the person from whose possession it was seized as soon as practicable after the refusal.\nSubdivision 5—Miscellaneous\n189—Making false statements in applications\nA person who makes a false or misleading statement (whether orally, in a document or in any other way) in, or in connection with, an application for a search warrant is guilty of an offence.\n","sortOrder":14},{"sectionNumber":"Part 7","sectionType":"part","heading":"Administration","content":"Part 7—Administration\nDivision 1—Powers and duties of the Administrator\n190—Appointment of Administrator\n\t(1)\tThe Minister may appoint a person, or a person for the time being holding or acting in a particular office or position, as the Administrator under this Act.\n\t(2)\tAn appointment under this section may be subject to such conditions as the Minister thinks fit.\n191—Property to which the Administrator's powers and duties under this Division apply\n\t(1)\tThe Administrator must perform a duty imposed by, and may exercise a power conferred by, this Division in relation to controlled property.\n\t(2)\tHowever, the Administrator must perform a duty imposed, and may exercise a power conferred, by Subdivision 4 in relation to property that is the subject of a restraining order, whether or not the property is controlled property.\nSubdivision 2—Obtaining information about controlled property\n192—Access to documents\n\t(1)\tThe Administrator, or another person authorised in writing by the Administrator to exercise powers under this section, for the purpose of—\n\t(a)\tensuring that all controlled property is under the Administrator's custody and control; or\n\t(b)\tensuring the effective exercise of the Administrator's powers or the performance of the Administrator's duties, under this Division in relation to the controlled property,\nmay, by notice in writing, require—\n\t(c)\tthe suspect in relation to a restraining order covering the controlled property; or\n\t(d)\tany other person entitled to, or claiming an interest in, the controlled property,\nto produce specified documents in the possession of the person—\n\t(e)\tto a specified person; and\n\t(f)\tat a specified place, and within a specified period or at a specified time on a specified day, being a place, and a period or a time and day, that are reasonable in the circumstances.\n\t(2)\tIf documents are produced under subsection (1), the Administrator, or other person making the requirement, or the person to whom the documents are produced may—\n\t(a)\tmake copies of, or take extracts from, the documents; and\n\t(b)\trequire—\n\t(i)\tthe person required to produce the documents; or\n\t(ii)\tany other person who was a party to the compilation of the documents,\nto explain any matter relating to the documents, or the compilation of the documents.\n\t(3)\tIf documents required under subsection (1) to be produced are not produced, the Administrator, or other person making the requirement, or the person to whom the documents are required to be produced, may require the person required to produce the documents to state—\n\t(a)\twhere the documents may be found; and\n\t(b)\twho last had possession, custody or control of the documents and where that person may be found.\n\t(4)\tA person who refuses or fails to comply with a requirement under this section is guilty of an offence.\n\t(5)\tA person who obstructs or hinders a person in the exercise of a power under this section is guilty of an offence.\n\t(6)\tThe production of documents under this section does not prejudice a lien that a person has on the documents.\n193—Suspect to assist Administrator\n\t(1)\tThe suspect in relation to a restraining order covering controlled property must not, unless excused by the Administrator or with a reasonable excuse, refuse or fail to—\n\t(a)\tproduce to the Administrator such documents as the Administrator may require (including documents of an associated entity (within the meaning of the Bankruptcy Act 1966 of the Commonwealth) of the person) that—\n\t(i)\tare in the person's possession; and\n\t(ii)\trelate to any of the person's affairs; and\n\t(b)\tattend before the Administrator at such a time and place as the Administrator may reasonably require; and\n\t(c)\tgive to the Administrator such information about any of the person's conduct and examinable affairs as the Administrator may require; and\n\t(d)\tgive to the Administrator such assistance as the Administrator may reasonably require,\nin connection with the exercise of the Administrator's powers or the performance of the Administrator's duties under this Division in relation to the controlled property.\n\t(2)\tA person who obstructs or hinders the Administrator in the exercise of a power under subsection (1) is guilty of an offence.\n194—Power to obtain information and evidence\n\t(1)\tThe Administrator may, by notice in writing, require a person—\n\t(a)\tto give to the Administrator such information as the Administrator may require; and\n\t(b)\tto attend before the Administrator, or a person authorised in writing by the Administrator, and—\n\t(i)\tgive evidence; and\n\t(ii)\tproduce all documents in the possession of the person notified,\nrelating to the exercise of the Administrator's powers or the performance of the Administrator's duties under this Division.\n\t(2)\tThe Administrator, or a person authorised in writing by the Administrator, may require the information or evidence to be given on oath (and for that purpose may administer an oath) and either orally or in writing.\n\t(3)\tA person who refuses or fails to comply with a requirement under this section is guilty of an offence.\n195—Self-incrimination\n\t(1)\tIf a natural person is required to give information, answer a question or produce, or provide a copy of, a document or record under section 194 and the information, answer, document or record would tend to incriminate the person or make the person liable to a penalty (including in the nature of a confiscation order under this Act), the person must nevertheless give the information, answer the question or produce, or provide a copy of, the document or record, but the information, answer, document or record will not be admissible in evidence against the person in proceedings for an offence other than proceedings in respect of the making of a false or misleading statement or declaration.\n\t(2)\tTo avoid doubt, an answer given or document produced under section 194 is admissible in proceedings—\n196—Failure of person to attend\nA person who, being required under section 194(1)(b) to attend before the Administrator or a person authorised in writing by the Administrator, fails to attend as required is guilty of an offence.\n197—Refusal to be sworn or give evidence etc\nA person who, being required under section 194(1)(b) to attend before the Administrator or a person authorised in writing by the Administrator—\n\t(a)\tattends before the Administrator or a person authorised in writing by the Administrator; and\n\t(b)\trefuses or fails—\n\t(i)\tto be sworn; or\n\t(ii)\tto answer a question that the person is required to answer by the Administrator or a person authorised under that paragraph, as the case may require; or\n\t(iii)\tto produce any documents that the person is required to produce,\nSubdivision 3—Dealings relating to controlled property\n198—Preserving controlled property\nThe Administrator may do anything that is reasonably necessary for the purpose of preserving the controlled property, including—\n\t(a)\tbecoming a party to any civil proceedings affecting the property; and\n\t(b)\tensuring that the property is insured; and\n\t(c)\trealising or otherwise dealing with any of the property that is securities or investments; and\n\t(d)\tif any of the property is a business—\n\t(i)\temploying, or terminating the employment of, persons in the business; or\n\t(ii)\tdoing anything necessary or convenient to carry on the business on a sound commercial basis.\n199—Rights attaching to shares\nThe Administrator may exercise the rights attaching to any of the controlled property that is shares—\n\t(a)\tas if the Administrator were the registered holder of the shares; and\n\t(b)\tto the exclusion of the registered holder.\n200—Destroying or disposing of property\n\t(1)\tThe Administrator may destroy controlled property if—\n\t(a)\tit is in the public interest to do so; or\n\t(b)\tit is required for the health or safety of the public.\n\t(2)\tThe Administrator may dispose of controlled property, by sale or other means—\n\t(a)\twith the agreement of all parties with an interest in the property; or\n\t(b)\tif the property is likely to lose value in the opinion of the Administrator; or\n\t(c)\tif, in the Administrator's opinion, the cost of controlling the property until the Administrator finally deals with it is likely to exceed, or represent a significant proportion of, the value of the property when it is finally dealt with.\n\t(3)\tHowever, before destroying or disposing of property under this section, the Administrator must (not less than 14 days before the proposed destruction or sale) give written notice of the proposed destruction or disposal to—\n\t(a)\tthe owner of the controlled property; and\n\t(b)\tany other person whom the Administrator has reason to believe may have an interest in the property.\n201—Objection to proposed destruction or disposal\nA person who has been notified under section 200(3) of a proposed destruction or sale under that section may object in writing to the Administrator within 14 days of receiving the notice.\n202—Procedure if person objects to proposed destruction or disposal\n\t(1)\tIf an objection to a proposed destruction or disposal of controlled property has been made, the Administrator may apply to the court that made the restraining order covering the controlled property for an order that the Administrator may destroy or dispose of the property.\n\t(2)\tThe court may make an order to destroy the controlled property if—\n\t(a)\tit is in the public interest to do so; or\n\t(b)\tit is required for the health or safety of the public.\n\t(3)\tIn determining whether it is in the public interest to destroy the controlled property, the court may take into account—\n\t(a)\tthe use to which the property would be put if it were sold; and\n\t(b)\twhether the cost of restoring the property to a saleable condition would exceed its realisable value; and\n\t(c)\twhether the cost of sale would exceed its realisable value; and\n\t(d)\twhether the sale of the property would otherwise be legal; and\n\t(e)\tany other matter the court thinks fit.\n\t(4)\tThe court may make an order to dispose of the controlled property if, in the court's opinion—\n\t(a)\tthe property is likely to lose value; or\n\t(b)\tthe cost of controlling the property until it is finally dealt with by the Administrator is likely to exceed, or represent a significant proportion of, the value of the property when it is finally dealt with.\n\t(5)\tThe court may also order—\n\t(a)\tthat a specified person bear the costs of controlling the controlled property until it is finally dealt with by the Administrator; or\n\t(b)\tthat a specified person bear the costs of an objection to a proposed destruction or disposal of the property.\n203—Proceeds from sale of property\nAmounts realised from a sale of controlled property under section 200 are taken to be covered by the restraining order that covered the property and must, for the purposes of this Act, be treated as if they—\n\t(a)\tif the restraining order covered the property on the basis that the property was proceeds of a serious offence to which the order relates—continue to be proceeds of the offence; or\n\t(b)\tif the restraining order covered the property on the basis that the property was an instrument of a serious offence to which the order relates—continue to be an instrument of the offence; or\n\t(c)\tif the restraining order covered the property on the basis that the property was owned by or was subject to the effective control of a particular person—continue to be property owned by or subject to the effective control of that person.\nSubdivision 4—Discharging pecuniary penalty orders and literary proceeds orders\n204—Direction by a court to the Administrator\n\t(1)\tA court that makes a pecuniary penalty order or literary proceeds order may, in the order, direct the Administrator to pay the Crown, out of property that is subject to a restraining order, an amount equal to—\nif—\n\t(c)\tthe order is made against a person in relation to one or more serious offences; and\n\t(d)\tthe restraining order has already been made against that person in relation to the serious offence or one or more of the serious offences, or in relation to one or more related offences.\n\t(2)\tA court that makes a restraining order may, in the order, direct the Administrator to pay the Crown, out of property that is subject to a restraining order, an amount equal to—\nif—\n\t(c)\tthe pecuniary penalty order or literary proceeds order has been made against a person in relation to one or more serious offences; and\n\t(d)\tthe restraining order is subsequently made—\n\t(i)\tagainst the person in relation to the serious offence or one or more of the serious offences; or\n\t(ii)\tagainst property of another person in relation to which an order is in force under section 123(1).\n\t(3)\tA court that made a pecuniary penalty order, a literary proceeds order or a restraining order may, on the application of the DPP, direct the Administrator to pay the Crown, out of property that is subject to a restraining order, an amount equal to—\nif—\n\t(c)\tthe pecuniary penalty order or literary proceeds order has been made against a person in relation to one or more serious offences; and\n\t(d)\tthe restraining order has been made—\n\t(i)\tagainst the person in relation to the serious offence or one or more of the serious offences; or\n\t(ii)\tagainst property of another person in relation to which an order is in force under section 123(1).\n\t(4)\tFor the purposes of enabling the Administrator to comply with a direction given by a court under this section, a court may, in the order in which the direction is given or by a subsequent order—\n\t(a)\tdirect the Administrator to sell or otherwise dispose of such of the property that is subject to the restraining order as the court specifies; and\n\t(b)\tappoint an officer of the court or any other person—\n\t(i)\tto execute any deed or instrument in the name of a person who owns or has an interest in the property; and\n\t(ii)\tto do any act or thing necessary to give validity and operation to the deed or instrument.\n\t(5)\tThe execution of a deed or instrument by a person appointed by an order under subsection (4) has the same force and validity as if the deed or instrument had been executed by the person who owned or had the interest in the property.\n205—Administrator not to carry out directions during appeal periods\n\t(1)\tIf the Administrator is given a direction under section 204 in relation to property, the Administrator must not take any action to comply with the direction until—\n\t(a)\tif the person has not been convicted of the serious offence, or any of the serious offences, to which the pecuniary penalty order or literary proceeds order relates—\n\t(i)\tif an appeal has not been lodged within the period provided for lodging an appeal against the pecuniary penalty order or literary proceeds order to which the direction relates—the end of that period; or\n\t(ii)\tif an appeal against the pecuniary penalty order or literary proceeds order has been lodged—when the appeal lapses or is finally determined; or\n\t(b)\tif the person is convicted of the serious offence, or any of the serious offences, to which the pecuniary penalty order or literary proceeds order relates—\n\t(i)\tif an appeal has not been lodged within the period provided for lodging an appeal against the conviction or convictions to which the direction relates—the end of that period; or\n\t(ii)\tif an appeal against the conviction or convictions has been lodged—when the appeal lapses or is finally determined; or\n\t(iii)\tthe appeal period under paragraph (a),\nwhichever ends last.\n\t(2)\tFor the purposes of subsection (1)(b)—\n\t(a)\tif the person is to be taken to have been convicted of a serious offence because of section 5(1)(b)—references to lodging of an appeal against the conviction are references to lodging of an appeal against the finding that the person is guilty of the offence; and\n\t(b)\tif the person is to be taken to have been convicted of a serious offence because of section 5(1)(c)—references to lodging of an appeal against the conviction are references to lodging of an appeal against the person's conviction of the other offence referred to in that paragraph.\n206—Discharge of pecuniary penalty orders and literary proceeds orders\nIf the Administrator pays the Crown, in accordance with a direction under this Subdivision, an amount of money equal to—\n\t(a)\tthe penalty amount under a pecuniary penalty order made against a person; or\n\t(b)\tthe amount to be paid under a literary proceeds order made against a person,\nthat money must be dealt with as required by section 209 and the person's liability under a pecuniary penalty order or literary proceeds order (as the case requires) is discharged.\nDivision 2—Legal assistance\n207—Payments to Legal Services Commission for representing suspects and other persons\n\t(1)\tThe Administrator may pay to the Legal Services Commission, out of the property of a suspect that is covered by a restraining order, legal assistance costs—\n\t(a)\tfor representing the suspect in criminal proceedings; and\n\t(b)\tfor representing the suspect in proceedings under this Act.\n\t(2)\tThe Administrator may pay to the Legal Services Commission, out of the property of a person other than the suspect that is covered by a restraining order, legal assistance costs for representing the person in proceedings under this Act.\n\t(3)\tThe Administrator may only pay legal assistance costs referred to in this section with the authority of the court under subsection (4).\n\t(4)\tIf the court is satisfied, on application by the Legal Services Commission, that it is unlikely that anyone other than a particular assisted person could, assuming that property subject to a restraining order were not forfeited, establish a lawful claim to the property (or a particular part of, or interest in, the property)—\n\t(a)\tthe court must authorise the application of the property (or the relevant part of, or interest in, the property) towards payment of legal assistance costs; and\n\t(b)\tmay make any other order that may be necessary or appropriate in the circumstances (such as an order for partition of the property or an order for its sale or conversion into money).\n\t(5)\tThe Legal Services Commission may only make an application under subsection (4) for an order authorising the application of restrained property towards payment of legal assistance costs if satisfied that the assisted person has no other source of funds (within or outside the State) to which the Commission could reasonably have recourse for the legal assistance costs.\n\t(6)\tBefore the court authorises the application of property subject to a restraining order towards payment of legal assistance costs, the court must allow the Attorney-General an opportunity to appear and be heard on the matter.\n208—Disclosure of information to Legal Services Commission\nThe DPP or the Administrator may, for the purpose of assisting the Legal Services Commission to determine whether a person should receive legal assistance under this Division, disclose to the Commission information obtained under this Act that is relevant to making that determination.\nDivision 3—Credits to funds\n209—Credits to Victims of Crime Fund\n\t(1)\tSubject to Division 3A, section 209A and any direction of a court under this Act—\n\t(a)\tany proceeds of confiscated assets; and\n\t(b)\tany money deriving from the enforcement in the State of an order under a corresponding law,\nmust be applied towards the costs of administering this Act and the balance must be paid into the Victims of Crime Fund.\n\t(2)\tAny money—\n\t(a)\tpaid to the Crown under the equitable sharing program, being the Crown's share of proceeds resulting from a breach of the criminal law of a State or Territory; or\n\t(b)\treceived by the Commonwealth from a foreign country within the meaning of the Mutual Assistance Act under a treaty or arrangement providing for mutual assistance in criminal matters and paid by the Commonwealth to the Crown,\nmust be paid into the Victims of Crime Fund.\n\t(3)\tThe purposes for which money may be applied from the Victims of Crime Fund include payments to the Commonwealth or to another State or a Territory of the Commonwealth, under the equitable sharing program.\n\t(4)\tIn this section—\ncosts of administering this Act includes the payment of any money in accordance with section 57;\nequitable sharing program means an arrangement under which—\n\t(a)\tthe Crown shares with the Commonwealth or a reciprocating State the proceeds resulting from a breach of the criminal law of the State if the Commonwealth or the reciprocating State have made a significant contribution to the recovery of the proceeds; or\n\t(b)\tthe Commonwealth or a reciprocating State shares with the Crown the proceeds of any unlawful activity if the Crown has made a significant contribution to the recovery of those proceeds,\nbut does not include the national cooperative scheme (within the meaning of section 209B(1));\nproceeds of confiscated assets means—\n\t(a)\tthe amount referred to in section 72(1) or 73(f);\n\t(b)\tthe amount referred to in section 81(1)(c) or 82(f);\n\t(c)\tthe amounts referred to in section 93(2);\n\t(d)\tan amount payable to the Crown under a confiscation order;\n\t(e)\tthe amount referred to in section 206.\n209A—Credits to Justice Rehabilitation Fund\n\t(1)\tThe Justice Rehabilitation Fund (the Fund) is established.\n\t(2)\tThe Fund must be kept as directed by the Attorney-General.\n\t(3)\tThe Fund is to consist of the following money:\n\t(a)\tmoney paid into the Fund under subsection (4);\n\t(b)\tany money appropriated by Parliament for the purposes of the Fund;\n\t(c)\tany money paid into the Fund at the direction or with the approval of the Attorney-General;\n\t(d)\tany income from investment of money belonging to the Fund;\n\t(e)\tany money paid into the Fund under any other Act.\n\t(4)\tSubject to Division 3A and any direction of a court under this Act, any proceeds of confiscated assets of a prescribed drug offender must be applied towards the costs of administering this Act and the balance must be paid into the Fund.\n\t(5)\tThe Fund may be applied by the Attorney‑General (without further appropriation than this subsection) in the absolute discretion of the Attorney-General as additional government funding for the provision of programs and facilities, for the benefit of offenders, victims and other persons, that will further crime prevention and rehabilitation strategies.\n\t(6)\tNothing in subsection (5) authorises the application of monies from the Fund—\n\t(a)\tto a law enforcement authority of the State for criminal investigation or other law enforcement purposes (whether civil or criminal); or\n\t(b)\tfor a purpose that the Attorney‑General has determined could be the subject of a payment from the Victims of Crime Fund under section 31 of the Victims of Crime Act 2001.\n\t(7)\tThe Attorney‑General may invest any of the money belonging to the Fund that is not immediately required for the purposes of the Fund in such manner as the Attorney-General thinks fit.\n","sortOrder":15},{"sectionNumber":"Div 3A","sectionType":"division","heading":"National cooperative scheme on unexplained wealth","content":"Division 3A—National cooperative scheme on unexplained wealth\n209B—Interpretation\n\t(1)\tIn this Division, unless the contrary intention appears—\nCJC subcommittee—see section 209G;\nCooperating Jurisdiction Committee means the Cooperating Jurisdiction Committee established under the NCSUW agreement;\ncooperating State has the same meaning as in section 14F of the Proceeds of Crime Act 2002 of the Commonwealth (as in force from time to time);\ncorresponding proceeds has the same meaning as in the NCSUW agreement;\ndecision-making period means—\n\t(a)\tthe period specified in the NCSUW agreement as being the decision‑making period for the purposes of the national cooperative scheme; or\n\t(b)\tif paragraph (a) does not apply—the period prescribed by the regulations as being the decision‑making period for the purposes of the national cooperative scheme;\nforeign jurisdiction means a jurisdiction outside Australia;\nforfeiture proceeds means proceeds arising from a confiscation, forfeiture or payment under a relevant law that are paid or payable to this State;\nnational cooperative scheme means the National Cooperative Scheme on Unexplained Wealth established by the NCSUW agreement;\nNCS threshold has the same meaning as in the NCSUW agreement;\nNCSUW agreement means the Intergovernmental Agreement on the National Cooperative Scheme on Unexplained Wealth (as in force from time to time);\nnet amount—see section 209F(2);\nnon-participating State has the same meaning as in section 338 of the Proceeds of Crime Act 2002 of the Commonwealth (as in force from time to time);\nparticipating State has the same meaning as in section 14C of the Proceeds of Crime Act 2002 of the Commonwealth (as in force from time to time);\nrelevant law—each of the following laws is a relevant law:\n\t(a)\tsection 47 (forfeiture orders);\n\t(b)\tsection 56A (deemed forfeiture orders);\n\t(c)\tsection 72(1);\n\t(d)\tsection 73(f);\n\t(e)\tsection 74;\n\t(f)\tsection 81(1)(c);\n\t(g)\tsection 82(f);\n\t(h)\tsection 95 (pecuniary penalty orders);\n\t(i)\tsection 111 (literary proceeds orders);\n\t(j)\tsection 206;\n\t(k)\tsection 9 of the Serious and Organised Crime (Unexplained Wealth) Act 2009 (unexplained wealth orders);\n\t(l)\ta prescribed law;\nshareable—forfeiture proceeds are shareable if—\n\t(a)\tthe proceeds are corresponding proceeds of this State; and\n\t(b)\tthe amount of the proceeds exceeds the NCS threshold (whether or not the full amount is realised).\n\t(2)\tThe NCSUW agreement and the regulations may specify that the decision-making period starts or ends at a time before an amount is paid to the Victims of Crime Fund.\n\t(3)\tDecisions may be made under this Division in relation to an amount before the amount is paid to the Victims of Crime Fund or becomes the net amount.\n209C—Application of Division—National Cooperative Scheme\nThis Division—\n\t(a)\tapplies in respect of forfeiture proceeds of the State that are shareable under the national cooperative scheme; and\n\t(b)\tsets out the process for sharing with the Commonwealth or another State or Territory any forfeiture proceeds of the State that are shareable.\n209D—Notification of shareable proceeds\n\t(1)\tThe Minister must notify the Cooperating Jurisdiction Committee by notice in writing within 60 days of a final order, negotiated settlement or other forfeiture under a relevant law relating to forfeiture proceeds that are shareable under the national cooperative scheme.\n\t(2)\tA notification under subsection (1) must include sufficient information to enable a member jurisdiction of the Cooperating Jurisdiction Committee to determine if it has made a contribution for the purposes of the national cooperative scheme (within the meaning of the NCSUW agreement) in relation to the forfeiture proceeds the subject of the notification.\n209E—Contribution by foreign jurisdiction\nIf the Minister decides that—\n\t(a)\ta foreign jurisdiction has made a contribution in relation to the recovery of shareable forfeiture proceeds; and\n\t(b)\tit is appropriate that a specified amount of the proceeds be payable to the foreign jurisdiction,\nthen the specified amount is payable to the foreign jurisdiction.\n209F—Net amount\n\t(1)\tForfeiture proceeds that are shareable with the Commonwealth or another State or Territory under the national cooperative scheme are to be reduced by any amount that is payable under—\n\t(a)\tan order of a court under this Act; and\n\t(b)\tsection 209E.\n\t(2)\tThe amount left after any reduction is made under subsection (1) is the net amount.\n209G—CJC subcommittee\n\t(1)\tThe Cooperating Jurisdiction Committee must establish a subcommittee (the CJC subcommittee) for the purposes of deciding matters under this Division in relation to the net amount.\n\t(2)\tThe CJC subcommittee must consist of the following members of the Cooperating Jurisdiction Committee:\n\t(a)\tthis State; and\n\t(b)\tany other member of the Cooperating Jurisdiction Committee that is found, by unanimous decision of the Cooperating Jurisdiction Committee, to have made a contribution (within the meaning of the NCSUW agreement) in relation to the recovery of the forfeiture proceeds comprising the net amount.\n209H—Payment to contributing non-participating State\nIf, in the decision-making period, the CJC subcommittee makes a unanimous decision that—\n\t(a)\ta non-participating State (other than a cooperating State) made a contribution (within the meaning of the NCSUW agreement) in relation to the recovery of the forfeiture proceeds comprising the net amount; and\n\t(b)\tit is appropriate that a specified proportion of the net amount be payable to that State,\nthen the specified proportion of the net amount is payable to that State under the national cooperative scheme.\n209I—Payment to contributing CJC members\n\t(1)\tSubject to subsection (2), any part of the net amount that remains after the application of section 209H is to be divided into equal proportions between this State and each of the other jurisdictions represented on the CJC subcommittee and the resulting proportion for each of those other jurisdictions is payable to the jurisdiction under the national cooperative scheme.\n\t(2)\tIf the CJC subcommittee makes a unanimous decision in the decision-making period that—\n\t(a)\tit is inappropriate for the division referred to in subsection (1) to apply; and\n\t(b)\ta specified proportion, of any part of the net amount that remains after the application of section 209H, be payable to each of the jurisdictions represented on the subcommittee (other than this State),\nthen the specified proportion for each of those jurisdictions, of any part of the net amount that remains after the application of section 209H, is payable to the jurisdiction under the national cooperative scheme.\n209J—Payment period\nIf an amount is payable to the Commonwealth or another State or Territory under this section, then the Attorney‑General must cause the amount to be paid to the Commonwealth or the other State or Territory in the period that is—\n\t(a)\tthe period specified in the NCSUW agreement as being the payment period for the purposes of the national cooperative scheme; or\n\t(b)\tif paragraph (a) does not apply—the period prescribed by the regulations as being the payment period for the purposes of the national cooperative scheme.\n209K—Payment to Victims of Crime Fund or Justice Rehabilitation Fund\n\t(1)\tSubject to subsection (2), any amount of shareable forfeiture proceeds remaining after the application of this Division (being this State's share of the shareable forfeiture proceeds) must be paid into the Victims of Crime Fund.\n\t(2)\tShareable forfeiture proceeds of a prescribed drug offender remaining after the application of this Division (being this State's share of the shareable forfeiture proceeds of the prescribed drug offender) must be paid into the Justice Rehabilitation Fund.\n\t(3)\tAny amount paid to this State by the Commonwealth, another State or a Territory under the national cooperative scheme must be paid into the Victims of Crime Fund.\nDivision 4—Charges on property\nSubdivision 1—Charge to secure certain amounts payable to the Crown\n210—Charge on property subject to restraining order\n\t(a)\ta confiscation order is made against a person in relation to a serious offence; and\n\t(b)\ta restraining order relating to the offence or a related offence is, or has been, made against—\n\t(i)\tthe person's property; or\n\t(ii)\tanother person's property in relation to which an order under section 123(1) is, or has been, made,\nthen, upon the making of the later of the orders, there is created, by force of this section, a charge on the property to secure the payment to the Crown of the penalty amount or the literary proceeds amount (as the case requires).\n\t(2)\tThe charge ceases to have effect in respect of the property—\n\t(a)\tif the order was made in relation to the person's conviction of the serious offence and that conviction is quashed—upon the order being discharged under Part 5 Division 3 Subdivision 5; or\n\t(b)\tupon the discharge of the order or the restraining order by a court hearing an appeal against the making of the order; or\n\t(c)\tupon payment to the Crown of the penalty amount or the amount to be paid under the literary proceeds order in satisfaction of the order; or\n\t(d)\tupon the sale or other disposition of the property—\n\t(i)\tunder an order under Part 7 Division 1 Subdivision 4; or\n\t(ii)\tby the owner of the property with the consent of the court that made the order; or\n\t(iii)\tif the restraining order directed the Administrator to take custody and control of the property—by the owner of the property with the consent of the Administrator; or\n\t(e)\tupon the sale of the property to a purchaser in good faith for value who, at the time of purchase, had no notice of the charge,\nwhichever first occurs.\nSubdivision 2—Charge to secure certain amounts payable to Legal Services Commission\n211—Legal Services Commission charges\n\t(a)\tthe Legal Services Commission is to be paid an amount out of property that is covered by a restraining order; and\n\t(i)\tthe court revokes the restraining order; or\n\t(ii)\tthe order ceases to be in force under section 46,\nthere is created by force of this section a charge on the property to secure the payment of the amount to the Legal Services Commission.\n\t(2)\tA charge created under subsection (1) ceases to have effect—\n\t(a)\twhen the amount owing is paid to the Legal Services Commission; or\n\t(b)\twhen the person sells or disposes of the property with the consent of the Administrator,\nwhichever occurs first.\nSubdivision 3—Registering and priority of charges\n212—Charges may be registered\n\t(1)\tIf a charge is created by this Act on property of a particular kind, the Administrator or the DPP may cause the charge to be registered under the provisions of an Act providing for the registration of title to, or charges over, property of that kind.\n\t(2)\tFor the purposes of section 210(2)(e), a person who purchases or otherwise acquires an interest in the property after registration of the charge is taken to have notice of the charge at the time of the purchase or acquisition.\n213—Priority of charges\nA charge created by this Act—\n\t(a)\tis subject to every encumbrance on the property that came into existence before the charge and that would otherwise have priority; and\n\t(b)\thas priority over all other encumbrances; and\n\t(c)\tsubject to this Act, is not affected by a change of ownership of the property.\n","sortOrder":16},{"sectionNumber":"Part 8","sectionType":"part","heading":"Miscellaneous","content":"Part 8—Miscellaneous\n214—Authorised officers to be issued identity cards\n\t(1)\tAn authorised officer (other than the DPP or a police officer) must be issued with an identity card—\n\t(a)\tcontaining the person's name and a photograph of the person; and\n\t(b)\tstating that the person is an authorised officer for the purposes of this Act.\n\t(2)\tAn authorised officer (other than the DPP) must, at the request of a person in relation to whom the authorised officer intends to exercise any powers under this Act, produce for the inspection of the person—\n\t(a)\tin the case of an authorised officer who is a police officer—his or her warrant card; or\n\t(b)\tin any other case—his or her identity card.\n216—Manner of giving notices etc\nA notice, order or other document required or authorised by this Act to be given to or served on a person may be given or served—\n\t(a)\tby delivering it personally to the person or an agent of the person; or\n\t(b)\tby leaving it for the person at the person's place of residence or business with someone apparently over the age of 16 years; or\n\t(c)\tby posting it to the person or agent of the person at the person's or agent's last known place of residence or business; or\n\t(d)\tin any other manner prescribed by regulation.\n217—Registration of orders made under corresponding laws\n\t(1)\tAn order under a corresponding law may be registered, on application by the Administrator, in the Supreme Court.\n\t(2)\tOn registration, the order has, in relation to property in this State to which it is expressed to apply, the same effect as it has in relation to property in the State or Territory in which it was made but as if it were made in favour of the Crown in right of this State.\n\t(3)\tHowever, the Court may make adaptations or modifications to the order (as it applies in this State) the Court considers necessary or desirable for the effective operation of the order in this State. \n218—Certain proceedings to be civil\n\t(1)\tProceedings on an application for a freezing order, a restraining order or a confiscation order are civil proceedings.\n\t(2)\tExcept in relation to an offence under this Act—\n\t(a)\tthe rules of construction applicable only in relation to the criminal law do not apply in the interpretation of this Act; and\n\t(b)\tthe rules of evidence applicable in civil proceedings apply to proceedings under this Act.\n219—Consent orders\n\t(1)\tA court may make an order in a proceeding under Part 3, Part 4 or Part 5 with the consent of—\n\t(a)\tthe parties to the proceeding; and\n\t(b)\teach person that the court has reason to believe has an interest in property the subject of the proceeding.\n\t(2)\tAn order may be made—\n\t(a)\twithout consideration of the matters that the court would otherwise consider in the proceeding; and\n\t(b)\tif the order is an order under section 47(1)(b)—before the end of the period of 6 months referred to in section 47(1)(b).\n\t(3)\tDespite any other provision of this Act, if a court is satisfied that an agreement has been reached between a person and the DPP and either—\n\t(a)\tthe agreement provides for the person to make a payment to the Crown instead of property of the person being forfeited under this Act; or\n\t(b)\tthe agreement provides for the person to make a payment to the Crown instead of the DPP applying for a confiscation order against the person,\nthe court may make any orders necessary to give effect to the agreement.\n\t(4)\tAn order may be made under subsection (3) requiring a person to make a payment to the Crown despite any other provision of this Act and irrespective of whether the payment represents the whole of the value of the person's interest in the property.\n\t(5)\tIf an order is made in relation to property under subsection (3), the property is taken to not be liable to forfeiture under this Act (and any forfeiture of the property under this Act that occurred before the order is, on the making of the order, taken to be of no effect, subject to an order of the court to the contrary).\n220—Onus and standard of proof\n\t(1)\tThe applicant in any proceedings under this Act bears the onus of proving the matters necessary to establish the grounds for making the order applied for.\n\t(2)\tSubject to section 47(7) and section 98, any question of fact to be decided by a court on an application under this Act is to be decided on the balance of probabilities.\n221—Applications to certain courts\n\t(1)\tIf, during the course of criminal proceedings before a court in respect of a serious offence, the DPP applies for an order under this Act relating to the offence, the court must deal with the application during the course of the criminal proceedings unless satisfied by the defendant that to do so would not be appropriate in the circumstances.\n\t(2)\tIf an application for an order under this Act is made to a court before which a person was convicted of a serious offence—\n\t(a)\tthe application may be dealt with by the court; and\n\t(b)\tany power in relation to the relevant order may be exercised by the court,\nwhether or not the court is constituted in the same way as when the person was convicted of the offence.\n222—Proof of certain matters\n\t(1)\tA certificate of conviction of an offence that complies with a requirement of the Evidence Act 1929—\n\t(a)\tis admissible in civil proceedings under this Act; and\n\t(b)\tis evidence of the commission of the offence by the person to whom it relates.\n\t(2)\tIn proceedings—\n\t(a)\ton an application for an order under this Act; or\n\t(b)\tancillary to such an application; or\n\t(c)\tfor the enforcement of an order made under this Act,\nthe transcript of any examination is evidence of the answers given by a person to a question put to the person in the course of the examination.\n\t(3)\tIn proceedings for an offence against this Act, an allegation in the complaint or information that a person named in the complaint or information was on a specified date an authorised person in relation to this Act, or a specified provision or provisions of this Act, will be accepted, in the absence of proof to the contrary, as proof of the authorisation.\n223—Stay of proceedings\nThe fact that criminal proceedings have been instituted or have commenced (whether or not under this Act) is not a ground on which a court may stay proceedings under this Act that are not criminal proceedings.\n224—Effect of confiscation scheme on sentencing\nDespite any provision of the Sentencing Act 2017, in determining sentence in respect of a person's conviction of a serious offence, a court—\n\t(a)\tmay have regard to any cooperation by the person in resolving any action taken against the person under this Act; and\n\t(b)\tmust not have regard to any forfeiture (whether under this Act or a corresponding law), pecuniary penalty order or recognised Australian pecuniary penalty order that relates to the offence or that might result from conviction for the offence, to the extent that the forfeiture or order applies to—\n\t(i)\tproceeds of the offence; or\n\t(ii)\tif the conviction has resulted in the person becoming a prescribed drug offender—property that was owned by or subject to the effective control of the person on the conviction day for the offence; and\n\t(c)\tmust have regard to any forfeiture (whether under this Act or a corresponding law), pecuniary penalty order or recognised Australian pecuniary penalty order that relates to the offence or that might result from conviction for the offence, to the extent that the forfeiture or order applies to any other property; and\n\t(d)\tmust not have regard to any literary proceeds order that relates to the offence.\n225—Deferral of sentencing pending determination of confiscation order\nIf—\n\t(a)\tan application is made for a confiscation order in respect of a person's conviction of a serious offence to the court before which the person was convicted; and\n\t(b)\tthe court has not, when the application is made, passed sentence on the person for the offence,\nthe court may, if satisfied that it is reasonable to do so in all the circumstances, defer passing sentence until it has determined the application for the confiscation order.\n226—Appeals\n\t(1)\tA person—\n\t(a)\tagainst whom a confiscation order is made; or\n\t(b)\twho has an interest in property against which a forfeiture order is made; or\n\t(c)\twho has an interest in property that is declared in an order under section 123 to be available to satisfy a pecuniary penalty order or literary proceeds order,\nmay appeal against the confiscation order, forfeiture order or order under section 123—\n\t(d)\tin the case of an order made in relation to a conviction of a serious offence—as if the order was, or was part of, the sentence imposed on the person in respect of the offence; or\n\t(e)\tin any other case—as if the person had been convicted of the serious offence to which the order relates and the order was, or was part of, the sentence imposed on the person in respect of the offence.\n\t(2)\tThe DPP—\n\t(a)\thas the same right of appeal as a person referred to in subsection (1) has under this section; and\n\t(b)\tmay appeal against a refusal by a court to make an order as if such an order had been made and the DPP was appealing against that order.\n\t(3)\tOn an appeal under this section, the court may confirm, discharge or vary the order.\n\t(4)\tNothing in this section affects any other right of appeal.\n227—Costs and exemplary or punitive damages\n\t(1)\tA court may, if—\n\t(a)\ta person brings, or appears at, proceedings under this Act—\n\t(i)\tto prevent a forfeiture order or restraining order from being made against property of the person; or\n\t(ii)\tto have property of the person excluded from a forfeiture order or restraining order; and\n\t(b)\tthe person is successful in those proceedings; and\n\t(c)\tthe court is satisfied that the person was not involved in any way in the commission of the serious offence in respect of which the forfeiture order or restraining order was sought or made,\norder the Crown to pay the person costs in connection with the proceedings or such part of those costs as is determined by the court.\n\t(1a)\tHowever, the court may not award exemplary or punitive damages to the person.\n\t(2)\tTo avoid doubt, the costs referred to in subsection (1) are not limited to costs of a kind that are normally recoverable by the successful party to civil proceedings.\n228—Interest\n\t(a)\tmoney of a person is seized or forfeited under this Act; and\n\t(b)\tnot less than one month after the seizure or forfeiture, the money (or an equal amount of money) is required under this Act to be paid back to the person or the person is required to be compensated by the Crown under this Act in respect of the seizure or forfeiture,\nthe person is entitled to be paid interest on the money at the prescribed rate.\n\t(2)\tAn amount payable by the Crown under this section is recoverable as a debt.\n\t(3)\tExcept as provided by this section, no interest is payable by the Crown in respect of property seized or forfeited under this Act.\n229—Effect of a person's death\n\t(1)\tA notice authorised or required to be given to a person under this Act is, if the person has died, taken to be given to the person if given to the person's legal representative.\n\t(2)\tA reference in this Act to a person's interest in property or a thing includes, if the person has died, a reference to an interest in the property or thing that the person had immediately before his or her death.\n\t(3)\tNothing in this Act prevents an order from being applied for and made—\n\t(a)\tin respect of a person's interest in property or a thing; or\n\t(b)\ton the basis of the activities of a person,\nafter the death of the person.\n229A—Annual report relating to prescribed drug offenders\n\t(1)\tThe Attorney‑General must, on or before 30 September in each year, lay before both Houses of Parliament a report on the operation of the amendments enacted by the Criminal Assets Confiscation (Prescribed Drug Offenders) Amendment Act 2016 during the financial year ending on the preceding 30 June.\n\t(2)\tA report under this section must include the following information for the financial year to which the report relates:\n\t(a)\tthe number of persons who became prescribed drug offenders during that period;\n\t(b)\tthe number of restraining orders made during that period in relation to persons who, if convicted of the serious offence to which the restraining order relates, will become prescribed drug offenders;\n\t(c)\tdetails of property forfeited under this Act during that period that was owned by or subject to the effective control of a prescribed drug offender on the conviction day for the conviction offence.\n\t(3)\tA report required under this section may be incorporated into any other report required to be laid before both Houses of Parliament by the Attorney‑General.\n230—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tRegulations under this Act may—\n\t(a)\tbe of general application or limited application; and\n\t(b)\tmake different provision according to the matters or circumstances to which they are expressed to apply; and\n\t(c)\tprovide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or the DPP.\n","sortOrder":17},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Transitional provisions","content":"Schedule 1—Transitional provisions\nPart 7—Transitional provisions\n11—Transitional provision\n\t(1)\tAn order in force under the former Act immediately before the commencement of this Act continues in force, subject to this Act, as if this Act had been in force when the order was made and the order had been made under this Act.\n\t(2)\tIn this clause—\nformer Act means the Criminal Assets Confiscation Act 1996.\nLegislative history\nNotes\n\t•\tThis version is comprised of the following:\nSchedule 1\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe Criminal Assets Confiscation Act 2005 repealed the following:\nCriminal Assets Confiscation Act 1996\nLegislation amended by principal Act\nThe Criminal Assets Confiscation Act 2005 amended the following:\nControlled Substances Act 1984\nCriminal Law Consolidation Act 1935\nFinancial Transaction Reports (State Provisions) Act 1992\nLegal Services Commission Act 1977\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n Criminal Assets Confiscation Act 2005\n9.6.2005\n2.4.2006 (Gazette 16.2.2006 p578)\n Controlled Substances (Serious Drug Offences) Amendment Act 2005\n8.12.2005\nSch 1 (cll 2 & 6)—3.12.2007 (Gazette 22.11.2007 p4294)\n Statutes Amendment (New Rules of Civil Procedure) Act 2006\n6.7.2006\nPt 21 (ss 80—88)—4.9.2006 (Gazette 17.8.2006 p2831)\n Statutes Amendment (Domestic Partners) Act 2006\n14.12.2006\nPt 21 (ss 63—65)—1.6.2007 (Gazette 26.4.2007 p1352)\n Fisheries Management Act 2007\n8.3.2007\nSch 2 (cl 3)—1.12.2007 (Gazette 15.11.2007 p4241)\n Criminal Assets Confiscation (Serious Offences) Amendment Act 2007\n Statute Law Revision Act 2008\n Serious and Organised Crime (Unexplained Wealth) Act 2009\n26.11.2009\nSch 1 (cl 2)—29.8.2010 (Gazette 5.8.2010 p3978)\n Statutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 41 (ss 80)—1.2.2010 (Gazette 28.1.2010 p320)\n Statutes Amendment (Personal Property Securities) Act 2011\n14.4.2011\nPt 6 (s 23)—16.6.2011 (Gazette 16.6.2011 p2610)\n Statutes Amendment (De Facto Relationships) Act 2011\nPt 2 (s 4)—21.7.2011: s 2(1)\n Criminal Assets Confiscation (Miscellaneous) Amendment Act 2013\n7.11.2013\n26.1.2014 (Gazette 23.1.2014 p343)\n Criminal Assets Confiscation (Prescribed Drug Offenders) Amendment Act 2016\n11.8.2016\n10.8.2018 (Gazette 13.2.2018 p732)\n Statutes Amendment (Sentencing) Act 2017\n28.11.2017\nPt 7 (s 13)—30.4.2018 (Gazette 6.2.2018 p612)\n Criminal Assets Confiscation (Miscellaneous) Amendment Act 2018\n9.8.2018\n10.8.2018 immediately after 37/2016: s 2\n Unexplained Wealth (Commonwealth Powers) Act 2021\n1.7.2021\nSch 1 (cll 2 to 4)—1.9.2021 (Gazette 18.8.2021 p3099)\n Criminal Assets Confiscation (Miscellaneous) Amendment Act 2024\n Forfeiture Act 2024\n19.9.2024\nSch 1 (cl 3)—15.1.2025 (Gazette 21.11.2024 p4214)\nCriminal Assets Confiscation (Review Recommendations) Amendment Act 2025\n27.3.2025\n1.7.2025 (Gazette 5.6.2025 p1384)\nBiodiversity Act 2025\n26.6.2025\nSch 5 (cl 11)—uncommenced\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n\namended by 37/2016 s 4\nPt 1\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\ns 3\n\ns 3(1)\ns 3 redesignated as s 3(1) by 57/2013 s 4(3)\nconviction offence\ninserted by 37/2016 s 5(1)\ndependant\namended by 43/2006 s 63(1)\ndomestic partner\ninserted by 43/2006 s 63(2)\ndrug\namended by 80/2005 Sch 1 cl 2(1)\nextension order\ndeleted by 57/2013 s 4(1)\nforeign offence\ninserted by 43/2007 s 3(1)\nprescribed drug offender\ninserted by 37/2016 s 5(2)\nprotected property\ninserted by 37/2016 s 5(3)\nputative spouse\ndeleted by 43/2006 s 63(3)\nserious and organised crime\ninserted by 37/2016 s 5(4)\nserious drug offence\ndeleted by 80/2005 Sch 1 cl 2(2)\nserious offence\namended by 43/2007 s 3(2)\n\namended by 4/2007 Sch 2 cl 3\n1.12.2007\n\namended by 80/2005 Sch 1 cl 2(3)\n\n(b) deleted by 57/2013 s 4(2)\n\n(c)(v) deleted by 29/2025 Sch 5 cl 11\nuncommenced—not incorporated\nspouse\nsubstituted by 43/2006 s 63(4)\ntainted property\namended by 37/2016 s 5(5)\ns 3(2)\ninserted by 57/2013 s 4(3)\ns 6\n\ns 6(1)\namended by 57/2013 s 5\n\namended by 37/2016 s 6\ns 6A\ninserted by 37/2016 s 7\ns 6A(2)\namended by 13/2025 s 3\ns 6A(3)\n\ngovernment custody\namended by 21/2024 s 2(1), (2)\ns 7\n\ns 7(2)\namended by 9/2008 s 2 (Sch 1)\n\namended by 27/2011 s 4(1), (2)\n\namended by 31/2024 Sch 1 cl 3\n15.1.2025\ns 8A\ninserted by 60/2009 Sch 1 cl 2\n29.8.2010\ns 10\namended by 43/2007 s 4\n\namended by 37/2016 s 8\ns 11A\ninserted by 11/2011 s 23\n16.6.2011\ns 13\n\ns 13(4) and (5)\ninserted by 13/2025 s 4\nPt 2\n\ns 17\n\ns 17(1)\namended by 21/2024 s 3(1)\ns 17(2)\nsubstituted by 21/2024 s 3(2)\ns 21\n\ns 21(1)\namended by 21/2024 s 4(1)\ns 21(3)\namended by 21/2024 s 4(2), (3)\ns 22\namended by 13/2025 s 5, Sch 1\nPt 3\n\ns 24\n\ns 24(4)\namended by 37/2016 s 9(1)\ns 24(5a)\ninserted by 37/2016 s 9(2)\ns 33\n\ns 33(1)\ns 33(2)\ns 34\n\ns 34(1)\namended by 37/2016 s 10\ns 34(2)\namended by 57/2013 s 6(1)\ns 34(3)\ninserted by 57/2013 s 6(2)\ns 36\n\ns 36(2) and (3)\namended by 17/2006 s 80\ns 40\n\ns 40(2)\namended by 17/2006 s 81\ns 41\ns 46\n\ns 46(4)\namended by 57/2013 s 7\nPt 4\n\nPt 4 Div 1\n\nPt 4 Div 1 Subdiv 1\n\ns 47\n\ns 47(5)\namended by 57/2013 s 8\ns 48\namended by 57/2013 s 9\ns 49\n\ns 49(1) and (2)\namended by 17/2006 s 82\nPt 4 Div 1 Subdiv 1A\ninserted by 37/2016 s 11\ns 56A\namended by 11/2018 s 4\ns 56A(2)\namended by 21/2024 s 5\ns 56AB\ninserted by 13/2025 s 6\nPt 4 Div 1 Subdiv 2\n\ns 59A\ninserted by 37/2016 s 12\ns 59A(1)\namended by 13/2025 s 7(1)\ns 59A(1a)\ninserted by 13/2025 s 7(2)\ns 59A(2)\namended by 13/2025 s 7(3)\ns 59A(2a)\ninserted by 13/2025 s 7(4)\ns 59B\ninserted by 11/2018 s 5\ns 60\n\ns 60(2)\namended by 17/2006 s 83(1)\ns 60(3)\namended by 17/2006 s 83(2)\ns 62\n\ns 62(2) and (3)\namended by 17/2006 s 84\ns 62A\ninserted by 57/2013 s 10\n\namended by 37/2016 s 13\nPt 4 Div 2\n\ns 74\n\ns 74(5)\namended by 57/2013 s 11(1)\ns 74(6)\n\nrelevant period\namended by 57/2013 s 11(2)\ns 75\nsubstituted by 57/2013 s 12\ns 76\n\ns 76(1)\namended by 57/2013 s 13(1)—(3)\n\namended by 37/2016 s 14\ns 76(3)\namended by 57/2013 s 13(4)\ns 76AA\ninserted by 37/2016 s 15\ns 76AA(1)\namended by 13/2025 s 8(1)\ns 76AA(1a)\ninserted by 13/2025 s 8(2)\ns 76AA(2a)\ninserted by 13/2025 s 8(3)\ns 76A\ninserted by 57/2013 s 14\n\namended by 37/2016 s 16\ns 80\n\ns 80(2) and (4)\namended by 17/2006 s 85\nPt 4 Div 3\n\ns 91\n\ns 91(2)\namended by 17/2006 s 86\ns 92\n\ns 92(3)\namended by 17/2006 s 87\ns 93\n\ns 93(1a)\ninserted by 21/2024 s 6\ns 94\nPt 5\n\ns 95\n\ns 95(1)—(4)\nsubstituted by 57/2013 s 15(1)\ns 95(5)\namended by 57/2013 s 15(2)\ns 95(7)\namended by 57/2013 s 15(3)\ns 96\n\ns 96(1)\namended by 17/2006 s 88\n\namended by 57/2013 s 16(1), (2)\ns 96(2)\namended by 17/2006 s 88\ns 96(3)\nsubstituted by 57/2013 s 16(3)\ns 98A\ninserted by 57/2013 s 17\ns 99\namended by 57/2013 s 18(1), (2)\ns 104\n\ns 104(1)\namended by 57/2013 s 19(1)\ns 104(2)\nsubstituted by 57/2013 s 19(2)\ns 105\ndeleted by 57/2013 s 20\ns 106\namended by 57/2013 s 21\ns 107\n\ns 107(1)\ns 107 redesignated as s 107(1) by 57/2013 s 22\ns 107(2)\ninserted by 57/2013 s 22\ns 108\n\ns 108(1)\nsubstituted by 57/2013 s 23\nPt 6\n\nPt 6 Div A1\ninserted by 13/2025 s 9\nPt 6 Div 1\n\ns 131\n\ns 131(1)\namended by 43/2006 s 64\ns 132\n\ns 132(1)\namended by 43/2006 s 65\nPt 6 Div 2\n\ns 149\n\ns 149(1)\namended by 57/2013 s 24\nPt 6 Div 3\n\ns 160\n\ns 160(2)\namended by 13/2025 s 10\nPt 6 Div 5\n\ns 172\n\ns 172(3)\ninserted by 21/2024 s 7\ns 186\n\ns 186(1)\namended by 13/2025 s 11(1)\ns 186(1a)\ninserted by 13/2025 s 11(2)\nPt 7\n\nPt 7 Div 1\n\ns 203\nsubstituted by 37/2016 s 17\nPt 7 Div 3\n\nheading\nsubstituted by 37/2016 s 18\ns 209\n\ns 209(1)\namended by 37/2016 s 19\n\namended by 11/2018 s 6\n\namended by 27/2021 Sch 1 cl 2(1)\ns 209(4)\n\nequitable sharing program\namended by 27/2021 Sch 1 cl 2(2)\ns 209A\ninserted by 37/2016 s 20\ns 209A(4)\namended by 27/2021 Sch 1 cl 3\n\namended by 13/2025 s 12\nPt 7 Div 3A\ninserted by 27/2021 Sch 1 cl 4\nPt 8\n\ns 215\ndeleted by 84/2009 s 80\n1.2.2010\ns 219\n\ns 219(1)\namended by 57/2013 s 25\ns 219(3)—(5)\ninserted by 11/2018 s 7\ns 224\nsubstituted by 57/2013 s 26\n\namended by 53/2017 s 13\n30.4.2018\n\namended by 37/2016 s 21\ns 227\n\ns 227(1a)\ninserted by 11/2018 s 8\ns 229A\ninserted by 37/2016 s 22\ns 230\n\ns 230(1)\ns 230 redesignated as s 230(1) by 11/2018 s 9\ns 230(2)\ninserted by 11/2018 s 9\nSch 1\n\nPts 1—6\nomitted under Legislation Revision and Publication Act 2002\nTransitional etc provisions associated with Act or amendments\nControlled Substances (Serious Drug Offences) Amendment Act 2005, Sch 1\n6—Transitional provision\nAn amendment to the principal Act effected by a provision of this Act only applies in relation to an offence if the offence is committed on or after the commencement of the provision.\nCriminal Assets Confiscation (Prescribed Drug Offenders) Amendment Act 2016, Pt 2\n23—Review of Act\n\t(1)\tThe Attorney‑General must, within 3 years after the commencement of this Act, undertake a review of the amendments to the Criminal Assets Confiscation Act 2005 enacted by this Act.\n\t(2)\tThe Attorney‑General must cause a report on the outcome of the review to be tabled in both Houses of Parliament within 12 sitting days after its completion.\nCriminal Assets Confiscation (Miscellaneous) Amendment Act 2024, Sch 1—Transitional provisions\n1—Application of amendments to section 21 of Act\nSection 21 of the Criminal Assets Confiscation Act 2005, as amended by section 4 of this Act, applies in relation to any freezing order in force immediately before the commencement of section 4 (as well as to such orders made after that commencement).\nCriminal Assets Confiscation (Review Recommendations) Amendment Act 2025, Sch 2\n1—Transitional provisions\n\t(1)\tSection 56AB of the Criminal Assets Confiscation Act 2005, as inserted by section 6 of this Act, applies in relation to any deemed forfeiture order that is taken to be made after the commencement of section 6.\n\t(2)\tSection 130A of the Criminal Assets Confiscation Act 2005, as inserted by section 9 of this Act, applies in relation to any restraining order made after the commencement of section 9.\nHistorical versions\n\n1.12.2007 (electronic only)\n\n1.2.2010\n\n29.8.2010\n\n16.6.2011\n\n30.4.2018\n\n15.1.2025\n\n","sortOrder":18}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The 2005 Act originally targeted proceeds and instruments of crime with civil confiscation mechanisms. Subsequent amendments, notably the 2016 introduction of the prescribed drug offender regime (ss 6A, 56A–56B, 59A, 76AA) and the 2021/2024 national cooperative scheme on unexplained wealth (Division 3A), have expanded its reach to automatic punitive forfeiture of all non-protected assets of repeat drug offenders on the conviction day, regardless of direct links to the index offence. This shifts the legislation from purely restorative confiscation toward broader asset-stripping as additional punishment, incorporating elements of unexplained wealth principles while preserving core civil standards of proof."},"complexity_factors":["Over 60 defined terms in s 3, many of which chain together (e.g. 'effective control' in s 6 cross-references trusts, family relationships and 6-year look-back rules)","Highly structured with 8 Parts, multiple Divisions, Subdivisions and over 230 sections, including nested procedures for exclusion/compensation (e.g. ss 58–62A after forfeiture)","Extensive conditional logic and exceptions, such as different rules for conviction-based vs non-conviction-based forfeiture (ss 47 vs 74) and carve-outs for prescribed drug offenders (ss 56A–56B, 59A, 76AA)","Frequent cross-references to other statutes (Controlled Substances Act 1984, Sentencing Act 2017, Mutual Assistance in Criminal Matters Act 1987 (Cth), Personal Property Securities Act 2009 (Cth))","Procedural layers for information gathering (examinations, production orders, monitoring orders, search warrants in Part 6) with separate offence provisions and self-incrimination safeguards"],"plain_english_summary":"**This Act lets South Australian authorities freeze, seize, and permanently take money and property linked to serious crimes.** It covers two main ideas: (1) stripping away profits or tools from crimes like drug trafficking, fraud, or violence, and (2) automatically forfeiting assets from certain repeat serious drug offenders as extra punishment. \n\nKey parts include quick **freezing orders** on bank accounts, longer **restraining orders** that stop anyone selling or spending the assets, court orders to hand over the property (**forfeiture**), orders forcing criminals to pay cash equal to their crime benefits (**pecuniary penalty orders**), and orders taking money earned from books or films about the crime (**literary proceeds orders**). Special rules apply to 'prescribed drug offenders' — people with multiple serious drug convictions in a 10-year period — whose assets can be taken without proving each item came from crime. \n\nIt affects criminals (the 'suspects'), their families or business partners who might lose shared property, banks and financial institutions that must freeze accounts or hand over records, and innocent third parties who can apply to keep their share if they bought it fairly and without knowing about the crime. The money raised goes into the Victims of Crime Fund or a Justice Rehabilitation Fund after costs. \n\nIt matters because it aims to make crime unprofitable, protect victims, and fund prevention programs while giving suspects and others clear ways to challenge orders and protect legitimate interests."},"summary":{"complexity_score":9,"scope_assessment":{"changed":false,"description":"Based on general knowledge, the Act has largely operated within its originally intended scope of targeting the proceeds and instruments of crime in South Australia. However, a full scope assessment was not possible as the legislative text could not be retrieved due to a broken URL returning a 404 Page Not Found error."},"complexity_factors":["Full legislative text was unavailable — analysis is based on general knowledge of the Act only","Criminal assets confiscation laws typically involve both civil and criminal law procedures running simultaneously","Reverse onus provisions (where the person must prove assets are legitimate, rather than the government proving they are not) create unusual legal dynamics","Multiple order types (freezing, forfeiture, pecuniary penalty, literary proceeds) each with distinct procedural requirements","Interaction with Commonwealth confiscation laws (Proceeds of Crime Act 2002) creates jurisdictional complexity","Third-party rights and protections for innocent parties add procedural layers","Time limits, appeal mechanisms, and variation procedures across different order types","Broad discretionary powers granted to courts and law enforcement agencies","Significant constitutional considerations around property rights and due process"],"plain_english_summary":"**⚠️ Note: The actual text of this legislation could not be retrieved.** The link provided returned a \"Page Not Found\" error from the South Australian legislation website, meaning the full content of the *Criminal Assets Confiscation Act 2005* (SA) was not available for analysis.\n\n**What is generally known about this Act:**\nThe *Criminal Assets Confiscation Act 2005* is a South Australian law that allows the government to seize (take away) property and money connected to criminal activity. It is designed to strip criminals of the financial benefits they gain from crime — the idea being that if crime doesn't pay, there's less incentive to commit it.\n\n**Who does it affect?**\n- People convicted of serious criminal offences in South Australia\n- People suspected of involvement in criminal activity, even without a conviction in some circumstances\n- Family members or associates who may hold assets on behalf of a suspected criminal\n- Innocent third parties who have a legitimate interest in property that is targeted\n\n**Key mechanisms typically found in such laws:**\n- **Freezing orders** — temporarily locking down assets while investigations occur\n- **Forfeiture orders** — permanently transferring ownership of assets to the government\n- **Pecuniary penalty orders** — requiring a person to pay a sum equivalent to their criminal profits\n- **Civil forfeiture** — seizing assets based on civil (non-criminal) proof standards, meaning the government doesn't always need a criminal conviction first\n\n*Full analysis was not possible due to the source document being inaccessible.*"},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The original 2005 Act focused on confiscating the proceeds and instruments of crime. Amendments in 2016 introduced 'prescribed drug offender' provisions (sections 56A, 6A) that automatically forfeit all property owned by or under the effective control of certain drug offenders upon conviction, regardless of whether the property is linked to crime. This significantly expanded the Act's scope from property connected to criminal activity to a broader punitive forfeiture of all assets for a defined class of offenders."},"complexity_factors":["Over 230 sections and multiple Parts, Divisions, and Subdivisions","More than 50 defined terms in the interpretation section (section 3), many of which are used throughout and have layered meanings","Extensive cross-referencing within the Act (e.g., definitions in section 5 applied in sections 47, 74, 95, 111)","Nested exceptions and conditions, e.g., section 7 lists when property ceases to be proceeds (9 subparagraphs), then section 7(3) re-applies it if reacquired","Conditional logic for different types of orders (freezing, restraining, forfeiture) each with distinct criteria and timelines","Multiple pathways to forfeiture: forfeiture orders (s47), deemed forfeiture for drug offenders (s56A), automatic forfeiture on conviction of serious offence (s74)","Interaction with other Acts (Personal Property Securities Act, Mutual Assistance Act, Family Law Act) and corresponding laws","Numerous timelines and periods (e.g., 6 months for forfeiture applications, 14 days for compliance, 28 days for cessation of restraining orders)","Provisions for excluding property or revoking orders with different tests and onus provisions","Transitional provisions and amendments over time (legislative history shows many changes)"],"plain_english_summary":"This is a South Australian law that lets the government seize property (like houses, cars, cash, and bank accounts) that comes from serious crimes or was used to commit them. It also has special rules for people convicted of serious drug offences – their property is automatically confiscated on conviction, even if it wasn't directly linked to the crime. The law includes different types of court orders:\n\n- **Freezing orders** (up to 7 days, extendable) – temporarily stop a bank account from being touched while an investigation is underway.\n- **Restraining orders** – prevent anyone from selling or dealing with property while a criminal case is ongoing.\n- **Forfeiture orders** – permanently transfer ownership of property to the state after a conviction or if it is proven the property is crime proceeds, even without a conviction in some cases.\n- **Pecuniary penalty orders** – require a person to pay the state the value of benefits they got from crime.\n- **Literary proceeds orders** – take profits criminals make from selling their story.\n\nAnyone affected can apply to have property excluded if they can prove it was lawfully acquired and not connected to crime. The law also gives police and prosecutors strong powers to gather information, including forcing suspects to answer questions, requiring banks to hand over records, and searching premises with a warrant. Money from confiscated assets goes into the Victims of Crime Fund or the Justice Rehabilitation Fund. The rules are complex: there are many definitions, exceptions, and overlapping procedures, so people who might be affected should get legal advice."}},"importantCases":[],"_links":{"self":"/api/acts/criminal-assets-confiscation-act-2005","history":"/api/acts/criminal-assets-confiscation-act-2005/history","analysis":"/api/acts/criminal-assets-confiscation-act-2005/analysis","conflicts":"/api/acts/criminal-assets-confiscation-act-2005/conflicts","importantCases":"/api/acts/criminal-assets-confiscation-act-2005/important-cases","documents":"/api/acts/criminal-assets-confiscation-act-2005/documents"}}