{"id":"criminal-property-forfeiture-act-2002","name":"Criminal Property Forfeiture Act 2002","slug":"criminal-property-forfeiture-act-2002","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29992,"registerId":"nt-criminal-property-forfeiture-act-2002-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Criminal Property Forfeiture Act 2002.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThe provisions of this Act come into operation on the date fixed by\nthe Administrator by notice in the Gazette.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Objective","content":"3 Objective\nThe objective of this Act is to target the proceeds of crime in\ngeneral and drug-related crime in particular in order to prevent the\nunjust enrichment of persons involved in criminal activities.\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Act binds Crown","content":"4 Act binds Crown\n(1) This Act binds the Crown in right of the Territory and, so far as the\nlegislative power of the Legislative Assembly permits, the Crown in\nall its other capacities.\n(2) This Act does not render the Territory, the Commonwealth, a State\nor another Territory liable to prosecution for an offence.\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"5 Definitions\nIn this Act:\naccount means any facility or arrangement through which a\nfinancial institution accepts deposits or allows withdrawals and\nincludes a facility or arrangement for a fixed term deposit and a\nsafety deposit box.\n\nCriminal Property Forfeiture Act 2002 2\nagreement means a tenancy, lease, hire agreement or contract.\nconviction, in relation to a forfeiture offence, has the meaning in\nsection 161.\ncorporation means any body corporate, however formed, and\nincludes:\n(a) a financial institution; and\n(b) a corporation as defined in section 57A of the Corporations\nAct 2001; and\n(c) a corporation sole.\ncorresponding law:\n(a) for Part 10A – see section 130A; or\n(b) otherwise – means a law of the Commonwealth, a State or\nanother Territory that is prescribed by regulation as a law that\ncorresponds to this Act.\ncrime-derived, in relation to property, see section 12.\ncrime-used, in relation to property, see section 11.\ncrime-used property substitution declaration means a\ndeclaration under section 81.\ncriminal benefit, see section 74.\ncriminal benefit declaration means a declaration under section 75\nor 76.\ncriminal use, in relation to a person and property, see section 84.\ndangerous drug, see section 3(1) of the Misuse of Drugs\nAct 1990.\ndeal, in relation to property, see section 56.\ndeclared drug trafficker, see section 8.\ndispose of, in relation to a charge, means:\n(a) withdraw; or\n(b) file a no true bill; or\n(c) dismiss; or\n\nCriminal Property Forfeiture Act 2002 3\n(d) file a nolle prosequi in relation to the offence.\nDPP means the Director of Public Prosecutions appointed under\nthe Director of Public Prosecutions Act 1990 or a person acting on\nthe Director's behalf.\neffective control, in relation to property, has the meaning in\nsection 7.\nencumbrance, in relation to property, includes any interest,\nmortgage, charge, right, claim or demand in respect of the property.\nexamination means an examination under an examination order.\nexamination order means an order under section 18(1).\nfinancial institution means:\n(a) an ADI; or\n(b) the Reserve Bank of Australia; or\n(c) a person who carries on State banking within the meaning of\nsection 51(xiii) of the Constitution of the Commonwealth; or\n(e) a financial corporation within the meaning of section 51(xx) of\nthe Constitution of the Commonwealth; or\n(f) a body corporate that would be a financial corporation within\nthe meaning of section 51(xx) of the Constitution of the\nCommonwealth if the body had been incorporated in Australia.\nFines Recovery Unit means the Fines Recovery Unit established\nunder the Fines and Penalties (Recovery) Act 2001.\nforfeitable property declaration means a declaration under\nsection 92.\nforfeiture offence, see section 6.\ngive, in relation to property, includes transfer for consideration that\nis significantly less than the market value of the property at the time\nof transfer.\ninnocent party, see section 66.\ninstrument, in relation to a dealing with land, see section 4 of the\nLand Title Act 2000.\n\nCriminal Property Forfeiture Act 2002 4\ninterest, in relation to property, means:\n(a) a legal or equitable estate or interest in the property; or\n(b) a right, power or privilege over or in connection with the\ninterstate forfeiture order means an order (however described)\nthat is made by or under a corresponding law of a State or another\nTerritory and that is prescribed by the Regulations for this definition.\ninterstate restraining order means an order (however described)\nthat is made by or under a corresponding law of a State or another\nTerritory and that is prescribed by the Regulations for this definition.\nland includes an interest in land.\nland register, see section 4 of the Land Title Act 2000.\nlawfully acquired, in relation to any property, service, advantage\nor benefit, see section 77.\nliable to forfeiture under this Act, in relation to property, see\nsection 10(5).\nmonitoring order means an order under section 29(1).\nobjection means an objection to the restraint of property filed\nunder section 59.\nofficer, in relation to a corporation, means a director, secretary,\nexecutive officer, employee or agent of the corporation.\nowner, in relation to property, means a person who has a legal or\nequitable interest in the property.\npremises includes a vessel, aircraft, vehicle, structure, building and\nany land or place whether built on or not.\nproduction order means an order under section 23.\nprohibited plant see section 3(1) of the Misuse of Drugs Act 1990.\nproperty means:\n(a) real or personal property of any description, wherever situated\nand whether tangible or intangible; or\n(b) a legal or equitable interest in any property mentioned in\nparagraph (a).\n\nCriminal Property Forfeiture Act 2002 5\nproperty-tracking document, see section 27.\nregistered, in relation to an interstate restraining order or an\ninterstate forfeiture order, means registered under section 123\nor 127, respectively.\nregistrar means the office (however described) of a registrar under\nan Act that provides for registration of property other than land.\nregistration, in relation to an instrument relating to a dealing in\nland, has the same meaning as in the Land Title Act 2000.\nrespondent means:\n(a) in relation to an application for an unexplained wealth\ndeclaration, a criminal benefit declaration or a crime-used\nproperty substitution declaration – the person against whom\nthe declaration is sought; or\n(b) in relation to an unexplained wealth declaration, a criminal\nbenefit declaration or a crime-used property substitution\ndeclaration – the person against whom the declaration is\nmade.\nrestraining order means an order made by a court under\nsection 43 or 44 but does not include an interim restraining order\nunder section 40.\nstatutory charge, see section 4 of the Land Title Act 2000.\nstatutory restrictions notice, see section 35 of the Land Title\nAct 2000.\nsuspension order means an order under section 29(2).\nTerritory taxes, in relation to restrained property, means any rates,\nland tax, local government or other statutory charges imposed on\nthe property under a law of the Territory.\ntransaction, in relation to an account with a financial institution,\nincludes:\n(a) the making of a fixed term deposit; and\n(b) the transferring of the amount of a fixed term deposit, or any\npart of it, at the end of the term.\nunexplained wealth:\n(a) for Part 10A – see section 130A; or\n\nCriminal Property Forfeiture Act 2002 6\n(b) otherwise – see section 68.\nunexplained wealth declaration means a declaration under\nsection 71.\nvaluable consideration, in relation to the transfer of property, does\nnot include:\n(a) any consideration for the transfer arising from the fact of a\nfamily relationship between the transferor and transferee; or\n(b) if the transferor is a spouse or de facto partner of the\ntransferee – the making by the transferor of a deed in favour\nof the transferee; or\n(c) a promise by the transferee to become a spouse or de facto\npartner of the transferor; or\n(d) any consideration arising from the transferor's love or affection\nfor the transferee; or\n(e) the transfer of the property as a result of the distribution of a\ndeceased estate; or\n(f) the transfer of the property by way of gift.\nwealth, see section 70.\nNote for section 5\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Forfeiture offence","content":"6 Forfeiture offence\nFor this Act, a forfeiture offence is:\n(a) an offence against a law in force anywhere in Australia that is\npunishable by imprisonment for 2 years or more; or\n(b) any other offence that is prescribed for this section.\n","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Effective control of property","content":"7 Effective control of property\n(1) For this Act, a person has effective control of property if, although\nthe person does not have the legal estate in the property, the\nproperty is directly or indirectly subject to the control of the person\nor is held for the ultimate benefit of the person.\n\nCriminal Property Forfeiture Act 2002 7\n(2) Without limiting subsection (1), when determining whether a person\nhas effective control of any property, the following matters may be\ntaken into account:\n(a) any shareholdings in, debentures over or directorships of any\ncorporation that has a direct or indirect interest in the property;\n(b) any trust that has a relationship to the property;\n(c) family, domestic and business relationships between persons\nhaving an interest:\n(i) in the property; or\n(ii) in a corporation that has a direct or indirect interest in\nthe property; or\n(iii) in a trust that has a relationship to the property;\n(d) any other relevant matters.\n","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Declared drug trafficker","content":"8 Declared drug trafficker\n(1) In this Act:\ndeclared drug trafficker means:\n(a) a person who is declared to be a drug trafficker under\nsection 36A of the Misuse of Drugs Act 1990; or\n(b) a person who is taken to be a declared drug trafficker under\nsubsection (2) or (3).\n(2) A person is taken to be a declared drug trafficker for this Act if:\n(a) the person is charged with an offence specified in\nsection 36A(6) of the Misuse of Drugs Act 1990; and\n(b) the person could be declared to be a drug trafficker under\nsection 36A of that Act if he or she is convicted of the offence;\nand\n(c) before the charge is disposed of or finally determined, the\nperson absconds in connection with the offence.\n(3) A person is taken to be a declared drug trafficker for this Act if a\ndeclaration is made under section 9 in respect of the person.\n\nCriminal Property Forfeiture Act 2002 8\n","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Court may declare deceased person to be drug trafficker","content":"9 Court may declare deceased person to be drug trafficker\n(1) The DPP may apply to the Supreme Court for a declaration under\nthis section that a deceased person is taken to be a declared drug\ntrafficker for this Act.\n(2) An application under subsection (1) can only be made if:\n(a) a person had been charged with an offence specified in\nsection 36A(6) of the Misuse of Drugs Act 1990; and\n(b) the person could have been declared to be a drug trafficker\nunder section 36A of that Act if he or she was convicted of the\noffence; and\n(c) before the charge was disposed of or finally determined, the\nperson died.\n(3) On hearing an application under subsection (1), if the court is\nsatisfied that it is more likely than not that the deceased person,\nhad he or she not died, would have been declared under\nsection 36A of the Misuse of Drugs Act 1990 to be a drug trafficker,\nthe court must make a declaration to that effect.\n","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Application","content":"10 Application\n(1) This Act applies:\n(a) to property:\n(i) owned or effectively controlled; or\n(ii) previously owned;\nby persons who are involved in or taken to be involved in\ncriminal activities; and\n(b) to property that is crime-used; and\n(c) to property that is crime-derived.\n(2) The property (real or personal) of a person who is involved or taken\nto be involved in criminal activities is forfeit to the Territory to the\nextent provided in this Act to compensate the Territory community\nfor the costs of deterring, detecting and dealing with the criminal\nactivities.\n\nCriminal Property Forfeiture Act 2002 9\n(3) Crime-used or crime-derived property (real or personal) is forfeit to\nthe Territory to deter criminal activity and prevent the unjust\nenrichment of persons involved in criminal activities.\n(4) For this Act, a person is taken to be involved in criminal activities if:\n(a) the person is declared under section 36A of the Misuse of\nDrugs Act 1990 to be a drug trafficker; or\n(b) an unexplained wealth declaration or a criminal benefit\ndeclaration is made in relation to the person; or\n(c) the person is found guilty of a forfeiture offence.\n(5) Property is liable to forfeiture under this Act:\n(a) if the property is:\n(i) owned or effectively controlled, or has at any time been\ngiven away, by a declared drug trafficker; or\n(ii) owned or effectively controlled, or has at any time been\ngiven away, by a person who has unexplained wealth; or\n(iii) owned or effectively controlled, or has at any time been\ngiven away, by a person who has acquired a criminal\nbenefit; or\n(iv) crime-used property; or\n(v) crime-derived property; and\n(b) whether the relevant forfeiture offence was committed:\n(i) in the Territory or elsewhere; and\n(ii) before or after the commencement of this Act; and\n(c) whether or not any person has been charged with, or found\nguilty of, the relevant forfeiture offence and, if a person has\nbeen found guilty of the offence, whether the finding of guilt\nwas before or after the commencement of this Act; and\n(d) whether the property is in the Territory or outside the Territory.\n\nCriminal Property Forfeiture Act 2002 10\n","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Crime-used property","content":"11 Crime-used property\n(1) For this Act, property is crime-used if:\n(a) the property is or was used, or intended for use, directly or\nindirectly, in or in connection with the commission of a\nforfeiture offence or in or in connection with facilitating the\ncommission of a forfeiture offence; or\n(b) the property is or was used for storing property that was\nacquired unlawfully in the course of the commission of a\nforfeiture offence; or\n(c) an act or omission was done, omitted to be done or facilitated\nin or on the property in connection with the commission of a\n(2) Without limiting subsection (1), property described in that\nsubsection is crime-used whether or not:\n(a) the property is also used, or intended or able to be used, for\nanother purpose; or\n(b) any person who used or intended to use the property as\nmentioned in subsection (1) has been identified; or\n(c) any person who did or omitted to do anything that constitutes\nall or part of the relevant forfeiture offence has been identified;\nor\n(d) any person has been charged with or convicted of the relevant\n","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Crime-derived property","content":"12 Crime-derived property\n(1) Property that is wholly or partly derived or realised, directly or\nindirectly, from the commission of a forfeiture offence is crime-\nderived, whether or not:\n(a) any person has been charged with or convicted of the offence;\nor\n(b) any person who directly or indirectly derived or realised the\nproperty from the commission of the offence has been\nidentified; or\n(c) any person who directly or indirectly derived or realised the\nproperty from the commission of the offence was involved in\nthe commission of the offence.\n\nCriminal Property Forfeiture Act 2002 11\n(2) Without limiting subsection (1), property of the following kinds is\ncrime-derived:\n(a) stolen property;\n(b) property acquired by legitimate means that could not have\nbeen acquired if crime-derived property had not been used for\nother purposes;\n(c) any thing of monetary value acquired, in Australia or\nelsewhere, from the commercial exploitation of any product, or\nof any broadcast, telecast or other publication, where the\ncommercial value of the product, broadcast, telecast or other\npublication depends on or is derived from a person's\ninvolvement in the commission of a forfeiture offence, whether\nor not the thing was lawfully acquired and whether or not any\nperson has been charged with or convicted of the offence.\n(3) Property is also crime-derived if it is bought with or exchanged for,\nwholly or partly, crime-derived property (including property that\nacquired the status of crime-derived property because of a previous\noperation or previous operations of this subsection).\n(4) Once property becomes crime-derived property it remains crime-\nderived property even if it is disposed of, used to acquire other\nproperty or otherwise dealt with, unless it ceases under\nsubsection (8) to be crime-derived property.\n(5) Property owned by 2 or more people, whether jointly or as tenants\nin common, is crime-derived if any part of the share of any of the\nowners is crime-derived, whether or not any of the owners is an\ninnocent party in relation to the share or part-share that is crime-\nderived.\n(6) If:\n(a) a person owns crime-derived property but is divested of the\nproperty in such a way that it ceases under subsection (8) to\nbe crime-derived property; and\n(b) the person acquires the property again;\nthe property becomes crime-derived property again.\n(7) For deciding whether property is crime-derived, the proceeds of a\nsale or other dealing do not lose their identity as those proceeds\nonly as a result of being credited to an account.\n\nCriminal Property Forfeiture Act 2002 12\n(8) Crime-derived property ceases to be crime-derived property:\n(a) when it is acquired by an innocent party; or\n(b) if it is restrained property – when the restraining order is set\naside under section 64; or\n(c) if it has been forfeited – when a court orders its release under\nsection 121; or\n(d) if it is money that has been forfeited or money that is the\nproceeds of the sale of forfeited property – when it is paid to\nthe Public Trustee in accordance with section 148 or to the\nTerritory; or\n(e) if it has been forfeited, but is not money – when the property is\ndisposed of in accordance with the Regulations; or\n(f) in any other circumstances prescribed by the Regulations.\n","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Information volunteered by financial institutions","content":"13 Information volunteered by financial institutions\nA financial institution that has information about a transaction with\nthe institution may give the information to the DPP or a police\nofficer if there are reasonable grounds for suspecting that the\ninformation:\n(a) may be relevant to the investigation of a forfeiture offence; or\n(b) may assist a court in deciding whether or not to make an\nunexplained wealth declaration, a criminal benefit declaration\nor a crime-used property substitution declaration; or\n(c) may otherwise facilitate the operation of this Act or the\nRegulations.\n","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Preliminary inquiries from financial institutions","content":"14 Preliminary inquiries from financial institutions\n(1) For any proceedings under this Act or where there are reasonable\ngrounds for believing that the information is necessary to decide\nwhether to apply for any order, declaration or warrant under this\nAct, the DPP or a police officer of or above the rank of\nSuperintendent may serve a notice or cause a notice to be served\non a financial institution requiring the institution to do one or more of\nthe following:\n\nCriminal Property Forfeiture Act 2002 13\n(a) provide information about whether a person described in the\nnotice holds an account with the institution;\n(b) provide information about whether or not an account\ndescribed in the notice is held with the institution;\n(c) identify an account held with the institution;\n(d) identify the holder of an account held with the institution;\n(e) provide information about the existence of any other kind of\ntransaction between the institution and a person described in\nthe notice;\n(f) provide information about whether a person described in the\nnotice has applied to the institution to open an account,\nborrow money or enter into any other type of transaction or\narrangement with the institution;\n(g) if a transaction or arrangement mentioned in paragraph (e)\nor (f) has taken place, is taking place or is to take place – give\nthe prescribed particulars.\n(2) In complying with a notice under subsection (1), a financial\ninstitution must provide the details in writing and must indicate the\nbalance of any relevant account and whether the account is current\nor closed.\n(3) A notice under subsection (1) is to be in writing and specify the\ninformation required.\n(4) Service of the notice on the institution may be effected personally,\nby post, by facsimile transmission or in any other manner\nprescribed by the Regulations.\n(5) A financial institution that fails to comply with a requirement of a\nnotice under subsection (1) within 7 days, or any further period that\nis specified in the notice, commits an offence.\n","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"Protection for financial institutions","content":"15 Protection for financial institutions\n(1) An action, suit or proceeding in relation to the giving of information\nunder section 13 does not lie against:\n(a) the financial institution that gives the information; or\n(b) an officer of the institution acting within his or her authority.\n\nCriminal Property Forfeiture Act 2002 14\n(2) An action, suit or proceeding in relation to a financial institution's\nresponse to a requirement in a notice under section 14 does not lie\nagainst:\n(a) the financial institution; or\n(b) an officer of the financial institution who is acting within his or\nher authority.\n","sortOrder":14},{"sectionNumber":"16","sectionType":"section","heading":"Giving false or misleading information","content":"16 Giving false or misleading information\nA financial institution commits an offence if the institution knowingly:\n(a) provides false or misleading information under section 13; or\n(b) provides false or misleading information in purported\ncompliance with a requirement in a notice under section 14.\n","sortOrder":15},{"sectionNumber":"17","sectionType":"section","heading":"Applications for orders for examination","content":"17 Applications for orders for examination\n(1) The DPP may apply to the Supreme Court for an order for the\nexamination of a person under this Division.\n","sortOrder":16},{"sectionNumber":"18","sectionType":"section","heading":"Orders for examination","content":"18 Orders for examination\n(1) The court that is hearing an application under section 17 may order\na person to submit to an examination about any or all of the\nfollowing:\n(a) the nature, location and source of property that is subject to a\nrestraining order;\n(b) the nature, location and source of property that is not\nrestrained but is suspected on reasonable grounds of being\nliable to forfeiture under this Act;\n(c) the wealth, liabilities, income and expenditure of a declared\ndrug trafficker or a person who has been charged with an\noffence and who could, if convicted of the offence, be declared\nto be a drug trafficker;\n(d) the wealth, liabilities, income and expenditure of a person who\nhas been convicted of a forfeiture offence;\n\nCriminal Property Forfeiture Act 2002 15\n(e) the wealth, liabilities, income and expenditure of a person who\nis suspected on reasonable grounds of being involved in or of\nhaving been involved in the commission of a forfeiture offence;\n(f) the wealth, liabilities, income and expenditure of a person who\nhas, or is suspected on reasonable grounds of having,\nunexplained wealth;\n(g) the nature, location and source of any property-tracking\ndocuments.\n(2) An examination order may do any or all of the following:\n(a) require the person to give to the court any documents\nperson's possession or control about the property described in\nthe order;\n(b) require the person to give to the court any documents\nperson's possession or control about the person's wealth,\nliabilities, expenditure or income;\n(c) require the person to give to the court any documents\nperson's possession or control about another person's wealth,\nliabilities, expenditure or income;\n(d) require the person to give to the court any information in the\nperson's possession or control that could help to locate,\nidentify or quantify any property or property-tracking\ndocuments mentioned in subsection (1) or other documents or\ninformation about the matters mentioned in that subsection;\n(e) require the person to give any required information by affidavit\nor require the person to attend the court for examination, or\nboth;\n(f) give any directions or make any ancillary orders that are\nnecessary or convenient for giving effect to the examination\norder or for ensuring that the person to whom the order is\ndirected complies with the order.\n","sortOrder":17},{"sectionNumber":"19","sectionType":"section","heading":"Service of orders for examination","content":"19 Service of orders for examination\n(1) The applicant in relation to an examination order must arrange for a\ncopy of the order to be served personally on the person to be\nexamined.\n\nCriminal Property Forfeiture Act 2002 16\n(2) A copy of the order is not to be served on anyone except the\nperson to be examined.\n","sortOrder":18},{"sectionNumber":"20","sectionType":"section","heading":"Conduct of examinations","content":"20 Conduct of examinations\n(1) An examination is to be held in camera.\n(2) A person who is being examined must attend the examination and\nanswer the questions of the examiner personally but is entitled to\nhave a legal advisor present during the examination.\n","sortOrder":19},{"sectionNumber":"21","sectionType":"section","heading":"Complying with examination orders","content":"21 Complying with examination orders\n(1) If an owner of restrained property who is or is to be examined in\nconnection with the property under an examination order fails to\ncomply with the order or the examiner's requirements under the\norder:\n(a) the owner is not entitled to file an objection to the restraint of\nthe property; and\n(b) if the owner has already filed an objection – the objection is of\nno effect; and\n(c) the owner commits an offence.\n(2) A person convicted of an offence against subsection (1) is liable to\na maximum penalty of 1 000 penalty units or an amount equal to\nthe value of the property, whichever is greater, or imprisonment for\n(3) If a person who is or is to be examined under an examination order\nin connection with another person's wealth, liabilities, income or\nexpenditure fails to comply with the order or the examiner's\nrequirements under the order, the person commits an offence.\nMaximum penalty: 500 penalty units or imprisonment for\n2 years.\n(4) Without limiting subsection (1) or (3), a person who is examined\nunder an examination order fails to comply with the order for the\nrespective subsection if:\n(a) the person fails to disclose material information, or gives false\ninformation or a false document, in purported compliance with\nthe order; and\n(b) the person was aware, or could reasonably have been\nexpected to have been aware, that the information was\nmaterial or that the information or document was false.\n\nCriminal Property Forfeiture Act 2002 17\n(5) A person is not excused from complying with an examination order\nor the examiner's requirements under the order on the grounds that\ncomplying with the order:\n(a) would tend to incriminate the person or expose him or her to a\npenalty; or\n(b) could result in the forfeiture of property.\n(6) A person is not excused from complying with an examination order\non the grounds that complying with the order would be in breach of\nan obligation of the person not to disclose information, or not to\ndisclose the existence or contents of a document, whether the\nobligation arose under an Act or otherwise.\n(7) A statement or disclosure made by a person in the course of\ncomplying with an examination order is admissible as evidence\nagainst the person:\n(a) in a proceeding against the person for an offence against this\nsection; and\n(b) in any civil proceeding; and\n(c) in any proceeding under this Act that could lead to the\nforfeiture of property owned, effectively controlled or given\naway by the person, but only for facilitating the identification of\nsuch property.\n","sortOrder":20},{"sectionNumber":"22","sectionType":"section","heading":"Application for production orders","content":"22 Application for production orders\n(1) The DPP may apply to the Supreme Court for a production order for\na property-tracking document.\n","sortOrder":21},{"sectionNumber":"23","sectionType":"section","heading":"Production orders","content":"23 Production orders\n(1) The court that is hearing an application under section 22 must order\na person identified in the application to produce the property-\ntracking document described in the application if there are\nreasonable grounds for suspecting that the document is in the\nperson's possession or control.\n(2) An order under subsection (1) may direct the person:\n(a) to give the property-tracking document to the DPP or a police\nofficer; or\n\nCriminal Property Forfeiture Act 2002 18\n(b) to make it available to the DPP or a police officer for\ninspection.\n(3) An order under subsection (1) is to specify the time and place for\nthe document to be given or made available.\n","sortOrder":22},{"sectionNumber":"24","sectionType":"section","heading":"Inspection of property-tracking documents","content":"24 Inspection of property-tracking documents\n(1) When a property-tracking document is given to the DPP or a police\nofficer in accordance with a direction under section 23(2)(a), the\nDPP or member may do any or all of the following:\n(a) inspect the document;\n(b) take extracts from the document;\n(c) make copies of the document;\n(d) retain the document for as long as its retention is reasonably\nrequired for this Act.\n(2) If the DPP or police officer retains the property-tracking document,\nthe DPP or member must, on the request of the person required by\nthe order to produce the document:\n(a) permit the person to inspect the document, take extracts from\nit or make copies of it; or\n(b) give the person a copy of the document certified by the DPP\nor member in writing to be a true copy of the document.\n(3) When a property-tracking document is made available to the DPP\nor a police officer for inspection in accordance with a direction\nunder section 23(2)(b), the DPP or police officer may do any or all\nof the following:\n(a) inspect the document;\n(b) take extracts from the document;\n(c) make copies of the document.\n","sortOrder":23},{"sectionNumber":"25","sectionType":"section","heading":"Complying with production orders","content":"25 Complying with production orders\n(1) A person who, without reasonable excuse, fails to comply with a\nproduction order commits an offence.\n\nCriminal Property Forfeiture Act 2002 19\n(2) A person commits an offence if the person, in purported compliance\nwith a production order, produces or makes available to the DPP or\na police officer a document that the person knows, or could\nreasonably be expected to know, is false or misleading in a material\nparticular.\n(3) Despite subsection (2), a person does not commit an offence if, as\nsoon as practicable after becoming aware that a document\nproduced is false or misleading, the person:\n(a) tells the DPP or a police officer that the document is false or\nmisleading; and\n(b) indicates the respects in which it is false or misleading; and\n(c) gives the DPP or a police officer any correct information that is\nin the person's possession or control.\n(4) A person is not excused from complying with a production order on\nthe grounds that complying with the order would tend to incriminate\nthe person or expose him or her to a penalty.\n(5) A person is not excused from complying with a production order on\nthe grounds that complying with the order would be in breach of an\nobligation of the person not to disclose the existence or contents of\nthe document, whether the obligation arose under an Act or\notherwise.\n(6) Any information contained in a property-tracking document\nproduced under a production order, or any statement or disclosure\nmade by a person in the course of complying with a production\norder, is admissible in evidence against the person:\n(a) in a proceeding against the person for an offence against this\nsection; and\n(b) in any civil proceeding; and\n(c) in any proceeding under this Act that could lead to the\nforfeiture of property owned, effectively controlled or given\naway by the person, but only for facilitating the identification of\nsuch property.\n\nCriminal Property Forfeiture Act 2002 20\n","sortOrder":24},{"sectionNumber":"26","sectionType":"section","heading":"Variation of production orders","content":"26 Variation of production orders\n(1) If a production order requires a person to give a property-tracking\ndocument to the DPP or a police officer, the person may apply to\nthe court that made the order to vary it so that it requires the person\nto make the document available to the DPP or a police officer for\ninspection.\n(2) The court may vary the order accordingly if it finds that the\ndocument is essential to the lawful business activities of the person.\n","sortOrder":25},{"sectionNumber":"27","sectionType":"section","heading":"Property-tracking documents","content":"27 Property-tracking documents\nFor this Act, a document is a property-tracking document if the\ndocument is relevant to:\n(a) identifying or locating crime-used property or crime-derived\nproperty; or\n(b) determining the value of any crime-used property or crime-\nderived property; or\n(c) identifying or locating any or all constituents of a person's\nwealth; or\n(d) determining the value of any or all constituents of a person's\nwealth; or\n(e) identifying or locating any document relating to the transfer of\nrestrained or forfeited property.\n","sortOrder":26},{"sectionNumber":"28","sectionType":"section","heading":"Applications for monitoring and suspension orders","content":"28 Applications for monitoring and suspension orders\n(1) The DPP may apply to the Supreme Court for a monitoring order or\na suspension order.\n","sortOrder":27},{"sectionNumber":"29","sectionType":"section","heading":"Monitoring and suspension orders","content":"29 Monitoring and suspension orders\n(1) The court that is hearing an application under section 28 may order\na financial institution to give to the DPP or a police officer\ninformation about any or all transactions carried out through an\naccount held with the institution by a person named in the order.\n\nCriminal Property Forfeiture Act 2002 21\n(2) The court that is hearing an application under section 28 may order\na financial institution:\n(a) to notify the DPP or a police officer immediately of any\ntransaction that has been initiated in connection with an\naccount held with the institution by a person named in the\norder; and\n(b) to notify the DPP or a police officer immediately if there are\nreasonable grounds for suspecting that a transaction is about\nto be initiated in connection with the account; and\n(c) to refrain from completing or effecting the transaction for\n48 hours.\n(3) The court may make a monitoring order or a suspension order if\nthere are reasonable grounds for suspecting that the person named\nin the order:\n(a) has been, or is about to be, involved in the commission of a\nforfeiture offence; or\n(b) has acquired, or is about to acquire, directly or indirectly, any\ncrime-derived property; or\n(c) has benefited, or is about to benefit, directly or indirectly, from\nthe commission of a forfeiture offence.\n(4) A monitoring order or a suspension order applies to all transactions\ncarried out or to be carried out through the specified account during\nthe monitoring period or suspension period specified in the order.\n(5) A monitoring order or a suspension order must specify:\n(a) the financial institution to which the order applies; and\n(b) the name or names in which the account is believed to be\nheld; and\n(c) the class of information that the institution is required to give;\nand\n(d) the manner in which the information is to be given; and\n(e) the monitoring period or suspension period in accordance with\nsubsection (6).\n\nCriminal Property Forfeiture Act 2002 22\n(6) The monitoring period of a monitoring order or suspension period of\na suspension order:\n(a) is not to commence earlier than the day on which notice of the\norder is served on the financial institution; and\n(b) is to end not more than 3 months after the date of the order.\n","sortOrder":28},{"sectionNumber":"30","sectionType":"section","heading":"Compliance with monitoring or suspension order","content":"30 Compliance with monitoring or suspension order\nA financial institution commits an offence if the institution knowingly:\n(a) fails to comply with a monitoring order or suspension order; or\n(b) provides false or misleading information in purported\ncompliance with the order.\n","sortOrder":29},{"sectionNumber":"31","sectionType":"section","heading":"Disclosure not permitted","content":"31 Disclosure not permitted\n(1) A person must not, except as permitted under section 32, disclose\nto another person:\n(a) the fact that a financial institution, or an officer of a financial\ninstitution, intends to give or has given information to the DPP\nor a police officer under section 13; or\n(b) the nature of any information given under section 13; or\n(c) the fact that a notice has been or is to be issued, or a\nresponse to a notice has been or is to be made, under\nsection 14; or\n(d) the content of a notice or response made under section 14; or\n(e) the fact that he or she has been subject to a production order\nor an examination order in relation to another person's wealth,\nliabilities, expenditure or income; or\n(f) the fact that another person is or has been subject to, or the\nsubject of, a production order, an examination order, a\nmonitoring order or a suspension order; or\n\nCriminal Property Forfeiture Act 2002 23\n(g) the contents of any examination order, production order,\nmonitoring order or suspension order.\n(2) Without limiting subsection (1), a person discloses information in\ncontravention of that subsection if the person:\n(a) discloses information to another person from which the other\nperson could reasonably be expected to infer that a notice\nunder section 14 has been or is to be issued or a response to\nsuch a notice has been or is to be made; or\n(b) discloses information to another person from which that\nperson could reasonably be expected to infer anything about\nthe nature or contents of a notice or response under\nsection 14; or\n(c) makes or keeps a record of any information about a notice or\nresponse under section 14, other than a copy for the person's\nown records of the notice or the information provided in\nresponse to the notice; or\n(d) discloses information to another person about the existence or\noperation of an examination order, a production order, a\nmonitoring order or a suspension order; or\n(e) discloses information to another person from which that\nperson could reasonably be expected to infer anything about\nthe existence or operation of an examination order, a\nproduction order, a monitoring order or a suspension order; or\n(f) makes or keeps a record of any information about the\nexistence or operation of an examination order, a production\norder, a monitoring order or a suspension order, other than a\ncopy for the person's own records of:\n(i) an order directed to the person; or\n(ii) the information provided by the person in response to\nthe order.\n","sortOrder":30},{"sectionNumber":"32","sectionType":"section","heading":"Disclosing information","content":"32 Disclosing information\n(1) A corporation or an officer of a corporation may disclose information\nto any one or more of the following without contravening section 31:\n(a) the DPP, a police officer or a member of the Australian Crime\nCommission;\n\nCriminal Property Forfeiture Act 2002 24\n(b) an officer of the corporation, for giving information under\nsection 13;\n(c) an officer of the corporation, for ensuring that a requirement of\na notice under section 14 is complied with;\n(d) an officer of the corporation, for ensuring that an examination\norder, a production order, a monitoring order or a suspension\norder is complied with;\n(e) a legal practitioner, for obtaining legal advice or representation\nin relation to giving information under section 13 or complying\nwith a requirement under section 14;\n(f) a legal practitioner, for obtaining legal advice or representation\nin relation to an examination order, a production order, a\nmonitoring order or a suspension order.\n(2) An individual who is not acting in the capacity of an officer of a\ncorporation or of a legal practitioner may disclose information to any\none or more of the following without contravening section 31:\n(a) the DPP;\n(b) a police officer;\n(c) a member of the Australian Crime Commission;\n(d) a legal practitioner, for obtaining legal advice or representation\nin relation to an examination order.\n(3) A legal practitioner to whom information is disclosed under\nsubsection (1) or (2) may disclose the information to a person to\nwhom it could have been disclosed under the respective subsection\nfor giving legal advice or representing a person in relation to the\nmatter disclosed.\n(4) Subject to subsection (5), a person (except a legal practitioner) to\nwhom information is disclosed under subsection (1) or (2) may\ndisclose the information to another person to whom it could have\nbeen disclosed under the respective subsection.\n(5) If information about a particular matter may only be disclosed under\nsubsection (1) or (2) in particular circumstances or for a particular\npurpose, a person must not disclose the information under\nsubsection (4) except in those circumstances or for that purpose.\n(6) If a person to whom information about a particular matter is\ndisclosed under this section stops being a person of a kind to whom\nthe information may be disclosed, he or she must not disclose the\n\nCriminal Property Forfeiture Act 2002 25\ninformation to anyone except a police officer, the DPP or a member\nof the Australian Crime Commission.\n(7) A person who contravenes subsection (6) commits an offence.\n","sortOrder":31},{"sectionNumber":"33","sectionType":"section","heading":"Power to detain persons","content":"33 Power to detain persons\n(1) A police officer may at any time stop and detain a person if there\nare reasonable grounds for suspecting that the person has in his or\nher possession property liable to forfeiture under this Act or\nproperty-tracking documents.\n(2) A police officer may at any time stop and detain a person if there\nare reasonable grounds for suspecting that another person is\nholding property liable to forfeiture under this Act or property-\ntracking documents on behalf of the person to be detained.\n(3) For exercising his or her powers under subsection (1) or (2), a\npolice officer may stop and detain a vehicle.\n(4) If a police officer detains a person under subsection (1) or (2), the\nmember may:\n(a) search the person in accordance with section 35; and\n(b) search any baggage, package, vehicle or anything else\napparently in the possession or under the control of the\nperson.\n(5) When exercising his or her powers under this section, a police\nofficer may use any necessary force and any assistance the\nmember thinks necessary.\n","sortOrder":32},{"sectionNumber":"34","sectionType":"section","heading":"Search warrants","content":"34 Search warrants\n(1) A police officer may apply to a justice of the peace for a search\nwarrant.\n(2) An application for a search warrant under this section may be made\nby telephone or other electronic means and section 118 of the\nPolice Administration Act 1978 applies, with the necessary\nchanges, in respect of a warrant that is issued on such an\napplication.\n\nCriminal Property Forfeiture Act 2002 26\n(3) A justice of the peace may issue a warrant to search any premises\nif satisfied, by information on oath, that there are reasonable\ngrounds for suspecting that any property liable to forfeiture under\nthis Act or any property-tracking documents:\n(a) is or are in or on the premises; or\n(b) will be in or on the premises within the next 72 hours.\n(4) Subsection (3) applies also to property that is owned or effectively\ncontrolled by a person who has been charged with an offence and\nwho could be declared to be a drug trafficker under section 36A of\nthe Misuse of Drugs Act 1990 if he or she is convicted of the\noffence.\n(5) A search warrant under this section may authorise a police officer\nto do any or all of the following, using any necessary force and with\nany assistance the member thinks necessary:\n(a) enter the premises described in the warrant;\n(b) search the premises;\n(c) search any baggage, package or other thing found in or on the\npremises;\n(d) detain any person in or on the premises and search the\nperson in accordance with section 35.\n(6) A search warrant under this section:\n(a) may be executed at any time of night or day; and\n(b) subject to section 37, continues in force for 30 days after the\nday on which it was issued.\n","sortOrder":33},{"sectionNumber":"35","sectionType":"section","heading":"Searching detained persons","content":"35 Searching detained persons\n(1) When a police officer exercises his or her power to detain a person\nunder section 33 or under a warrant under section 34, the member\nmust ensure that if the person is searched, he or she is searched\nby a person of the same sex or a medical practitioner.\n(2) If a suitable person is not available to search a detained person as\nrequired by subsection (1), the police officer may:\n(a) detain the person for as long as is reasonably necessary for a\nsuitable person to become available; and\n\nCriminal Property Forfeiture Act 2002 27\n(b) if appropriate, convey the person to a place where a suitable\nperson is available.\n","sortOrder":34},{"sectionNumber":"36","sectionType":"section","heading":"Additional powers","content":"36 Additional powers\n(1) When a police officer exercises any of his or her powers under\nsection 33 or under a warrant under section 34, the member may\ndo any or all of the following:\n(a) seize and detain any documents found in the course of\nexercising those powers if there are reasonable grounds for\nsuspecting that they are property-tracking documents;\n(b) take extracts from or make copies of, or download or print out,\nany property-tracking documents found in the course of\nexercising those powers;\n(c) require a person who has control of any property-tracking\ndocuments found in the course of exercising those powers to\nmake copies of, or download or print out, any property-\ntracking documents found in the course of exercising those\npowers;\n(d) require a person to give to the member any information within\nthe person's knowledge or control that is relevant to locating\nproperty that is reasonably suspected of being liable to\nforfeiture under this Act;\n(e) require a person to give to the member any information within\nthe person's knowledge or control that is relevant to\ndetermining whether or not property is liable to forfeiture under\nthis Act;\n(f) require a person to give the member, or arrange for the\nmember to be given, any translation, codes, passwords or\nother information necessary to gain access to or to interpret\nand understand any property-tracking documents or\ninformation located or obtained in the course of exercising the\nmember's powers under the warrant.\n(2) A person who fails to comply with a requirement under\nsubsection (1) commits an offence.\n\nCriminal Property Forfeiture Act 2002 28\n(3) Without limiting subsection (2), a person fails to comply with a\nrequirement under subsection (1) if the person:\n(a) does not disclose material information of which the person had\nknowledge, or gives false information or a false document, in\npurported compliance with the requirement; and\n(b) was aware, or could reasonably have been expected to have\nbeen aware, that the information was material or that the\ninformation or document was false.\n(4) A person is not excused from complying with a requirement under\nsubsection (1) on the grounds that complying with it would tend to\nincriminate the person or expose him or her to a penalty, but any\ninformation given in compliance with the requirement is not\nadmissible in evidence in proceedings against the person for any\noffence except an offence against subsection (2).\n","sortOrder":35},{"sectionNumber":"37","sectionType":"section","heading":"Later-produced documents","content":"37 Later-produced documents\nIf a warrant under section 34 authorises any action to be taken in\nrelation to a document that was in existence at the time that the\nwarrant was issued, but at the time that the warrant was executed it\nwas physically impossible for the document to be produced, a\npolice officer may take the action when the document becomes\navailable even if the warrant has by then expired.\n","sortOrder":36},{"sectionNumber":"38","sectionType":"section","heading":"Warrants under other Acts","content":"38 Warrants under other Acts\nThis Act does not affect the operation of any other Act requiring or\nauthorising a police officer to obtain a warrant to enter or search\n","sortOrder":37},{"sectionNumber":"Part 4","sectionType":"part","heading":"Ensuring property remains available for","content":"Part 4 Ensuring property remains available for\nforfeiture\n","sortOrder":38},{"sectionNumber":"39","sectionType":"section","heading":"Seizure of crime-used or crime-derived property","content":"39 Seizure of crime-used or crime-derived property\n(1) A police officer may seize any property if there are reasonable\ngrounds for suspecting that the property:\n(a) is crime-used property; or\n(b) is crime-derived property; or\n\nCriminal Property Forfeiture Act 2002 29\n(c) is owned or effectively controlled by a person who has been\ncharged with an offence and who could be declared to be a\ndrug trafficker under section 36A of the Misuse of Drugs\nAct 1990 if he or she is convicted of the offence.\n(2) A police officer may:\n(a) at any time remove the seized property from the place in\nwhich it was found and retain it; or\n(b) guard the property in the place in which it was found.\n(3) A police officer may retain or guard the property:\n(a) if an interim restraining order under section 40 or a restraining\norder under section 43 or 44 is or has been made in relation to\nthe property, including within 72 hours after the property was\nseized – while the interim restraining order or restraining order\nis in force; or\n(b) if no interim restraining order or restraining order is in effect in\nrelation to the property – for not more than 72 hours after the\nproperty was seized.\n(4) Any income or other property derived from seized property while it\nis being retained or guarded is taken for all purposes to be part of\nthe seized property.\n","sortOrder":39},{"sectionNumber":"40","sectionType":"section","heading":"Interim restraining order","content":"40 Interim restraining order\n(1) The Local Court may, on application by a police officer or the DPP,\nmake an interim restraining order in relation to:\n(a) the property of a person named in the application; or\n(b) property specified in the application;\nif the applicant satisfies the court:\n(c) that an application is to be made under section 43 or 44 in\nrelation to the person or the property as soon as reasonably\npracticable; and\n(d) that the circumstances justify the making of the interim\nrestraining order.\n(2) The court may make an interim restraining order under this section\ndespite that the value of the restrained property may exceed the\njurisdictional limit of the court set by section 135 or under another\nAct.\n\nCriminal Property Forfeiture Act 2002 30\n(3) An application for an interim restraining order may be made by\ntelephone or other electronic means.\n(4) An interim restraining order has effect until the expiration of\n3 working days after the order was made.\n","sortOrder":40},{"sectionNumber":"41","sectionType":"section","heading":"Applications for restraining orders","content":"41 Applications for restraining orders\n(1) A police officer or the DPP may apply to the Local Court for a\nrestraining order under section 43(1).\n(2) The DPP may apply to the Supreme Court for a restraining order\nunder this Division.\n(3) An application under subsection (1) or (2) may be made ex parte.\n","sortOrder":41},{"sectionNumber":"42","sectionType":"section","heading":"Proceedings for restraining orders","content":"42 Proceedings for restraining orders\nIn proceedings for a restraining order, the court that is hearing the\napplication under section 41 may do any or all of the following:\n(a) order that the whole or any part of the proceedings is to be\nheard in closed court;\n(b) order that only persons or classes of persons specified by the\ncourt may be present during the whole or any part of the\nproceedings;\n(c) make an order prohibiting the publication of a report of the\nwhole or any part of the proceedings or of any information\nderived from the proceedings.\n","sortOrder":42},{"sectionNumber":"43","sectionType":"section","heading":"Restraining order in relation to specified property","content":"43 Restraining order in relation to specified property\n(1) Subject to section 135, the Local Court may, on application by a\npolice officer or the DPP, make a restraining order in relation to\nproperty specified in the application if there are reasonable grounds\nfor suspecting that the property is crime-used or crime-derived.\n(2) The Supreme Court may, on application by the DPP, make a\nrestraining order in relation to property specified in the application in\nany of the following cases:\n(a) if there are reasonable grounds for suspecting that the\nproperty is crime-used or crime-derived;\n\nCriminal Property Forfeiture Act 2002 31\n(b) if the property is a subject of an examination order, whether or\nnot the person to whom the examination order is directed\nowns or effectively controls the property;\n(c) if the property is funds held in an account that is a subject of a\nmonitoring order;\n(d) if the property is funds held in an account to which a\nsuspension order applies.\n(3) Subsection (2) also applies to property where the court is advised\nthat an application has been made, or it is intended that within\n21 days after the application for the restraining order an application\nwill be made, for the examination order, monitoring order or\nsuspension order (as the case may be).\n","sortOrder":43},{"sectionNumber":"44","sectionType":"section","heading":"Restraining orders in relation to property of named persons","content":"44 Restraining orders in relation to property of named persons\n(1) The Supreme Court may, on application by the DPP, make a\nrestraining order in relation to the property of a person named in the\napplication if:\n(a) the person has been charged, or it is intended that within\n21 days after the application the person will be charged, with\nan offence that, if the person is convicted of the offence, could\nlead to the person being declared to be a drug trafficker under\nsection 36A of the Misuse of Drugs Act 1990; or\n(b) an application has been made, or it is intended that within\n21 days after the application for the restraining order an\napplication will be made, for one or more of the following in\nrelation to the person:\n(i) a production order;\n(ii) an unexplained wealth declaration;\n(iii) a criminal benefit declaration;\n(iv) a crime-used property substitution declaration; or\n(c) an order or declaration mentioned in paragraph (b) has been\nmade in relation to the person.\n(2) A restraining order under this section can apply to:\n(a) all or any property that is owned or effectively controlled by the\nperson at the time of the application for the restraining order,\nwhether or not any of the property is described or identified in\nthe application; and\n\nCriminal Property Forfeiture Act 2002 32\n(b) all property acquired:\n(i) by the person; or\n(ii) by another person at the request or direction of the\nperson named in the application for the restraining order;\nafter the restraining order is issued.\n(3) The court must not refuse to make a restraining order under\nsubsection (1)(b)(ii), (iii) or (iv) only because the value of the\nproperty subject to the restraining order exceeds, or could exceed,\nthe amount that the person could be liable to pay to the Territory if\nthe relevant declaration is made.\n","sortOrder":44},{"sectionNumber":"45","sectionType":"section","heading":"Restraining order to specify grounds","content":"45 Restraining order to specify grounds\n(1) If an application is made under section 41 for a restraining order,\nthe court that is hearing the application must:\n(a) consider each matter that is alleged by the applicant, either in\nthe application or in the course of the proceedings, as a\nground for making the order; and\n(b) if the order is made – set out in the order each ground that the\ncourt finds is a ground on which the order may be made.\n(2) If the court that is hearing an application under section 41 is\nsatisfied that the release of information contained in an affidavit in\nsupport of the application may materially prejudice an ongoing\ninvestigation, the court may order that the information is not to be\nprovided when a copy of the restraining order is served on any\nperson.\n","sortOrder":45},{"sectionNumber":"46","sectionType":"section","heading":"Scope of restraining order","content":"46 Scope of restraining order\n(1) In a restraining order, the court that makes the order may do any or\nall of the following:\n(a) direct that any income or other property derived from the\nproperty while the order is in force is to be treated as part of\nthe property;\n(b) if the property is moveable – direct that the property is not to\nbe moved except in accordance with the order;\n(c) appoint the Public Trustee or another person to manage the\nproperty while the order is in force;\n\nCriminal Property Forfeiture Act 2002 33\n(d) give any other directions necessary to provide for the security\nand management of the property while the order is in force;\n(e) provide for meeting the reasonable living and business\nexpenses of the owner of the property.\n(2) In subsection (1)(e), reasonable living and business expenses does\nnot include legal expenses mentioned in section 154.\n","sortOrder":46},{"sectionNumber":"47","sectionType":"section","heading":"Service of restraining order","content":"47 Service of restraining order\n(1) As soon as practicable after a restraining order is made, the\napplicant in relation to the order must arrange for a copy of the\norder and a notice that complies with subsection (5) to be served\npersonally on each of the following persons:\n(a) if property that is subject to the order was taken from a person\nor is in the custody of a person – that person;\n(b) any person known to the applicant at the time the order was\nmade who has, may have or claims to have an interest in the\nproperty subject to the order.\n(2) If property subject to the order is registrable under an Act other than\nthe Land Title Act 2000, the applicant must notify the appropriate\nregistrar of the issue of the notice.\n(3) If, as a result of a statutory declaration made in accordance with\nsection 48 by a person who was served under subsection (1) with a\ncopy of the restraining order, the applicant becomes aware of\nanother person who has, may have or claims to have an interest in\nthe property subject to the order, the applicant must arrange for\npersonal service of a copy of the order on the other person as soon\nas practicable.\n(4) Subsections (1) and (3) do not prevent the applicant from serving a\ncopy of the restraining order and a notice at any time on any other\nperson of whom the applicant becomes aware who has, may have\nor claims to have an interest in the property.\n(5) The notice mentioned in subsection (1) is to:\n(a) summarise the effect of the order, including the period for\nwhich it applies; and\n(b) advise the person on whom the order and the notice are\nserved:\n(i) that the property described in the order may be forfeited\nunder this Act; and\n\nCriminal Property Forfeiture Act 2002 34\n(ii) that he or she can, within 28 days after being served\nwith the copy of the order, file in the court that made the\norder an objection to the restraint of the property; and\n(iii) of the person's obligation to make and lodge a statutory\ndeclaration in accordance with section 48.\n(6) The applicant in relation to the restraining order must ensure that:\n(a) an affidavit of service is endorsed on a copy of each copy of\nthe restraining order that is served on a person; and\n(b) each endorsed copy is filed in the court that made the order.\n","sortOrder":47},{"sectionNumber":"48","sectionType":"section","heading":"Statutory declaration required from person served with","content":"48 Statutory declaration required from person served with\nrestraining order\n(1) A person who is served under section 47(1) or (3) with a copy of a\nrestraining order must make a statutory declaration as to the\nmatters set out in subsection (2) and file the declaration in the court\nthat made the restraining order within 7 days after being served\nwith the order.\n(2) In a statutory declaration under this section, the declarant must:\n(a) state the name and, if known, the address of any other person\nof whom the declarant is aware who has, may have or claims\nto have an interest in property that is subject to the restraining\norder; or\n(b) if the declarant is not aware of any other person who has, may\nhave or claims to have an interest in property that is subject to\nthe restraining notice – make a statement to that effect.\nMaximum penalty: 2 000 penalty units or imprisonment for\n2 years.\n","sortOrder":48},{"sectionNumber":"49","sectionType":"section","heading":"Effect of restraining order","content":"49 Effect of restraining order\n(1) While a restraining order is in effect in relation to property:\n(a) subject to Division 3, the property cannot be dealt with; and\n(b) the applicant in relation to the restraining order may apply\nunder this Act to the court that made the restraining order for\nan order that all or some of the property is forfeit to the\nTerritory.\n\nCriminal Property Forfeiture Act 2002 35\n(2) Income or other property that is derived from property subject to a\nrestraining order is taken to be part of the property and is also\nsubject to the restraining order.\n(3) A person may apply to the court that made a restraining order for\nthe release of property that is subject to the order to meet\nreasonable living and business expenses of the owner of the\n(4) In subsection (3), reasonable living and business expenses does\nnot include legal expenses mentioned in section 154.\n","sortOrder":49},{"sectionNumber":"50","sectionType":"section","heading":"Setting aside of restraining order","content":"50 Setting aside of restraining order\n(1) The applicant in relation to a restraining order under section 43(1)\nor (2)(a) must request the court that made the order to set the order\naside if the grounds for suspecting that the property is crime-used\nor crime-derived no longer exist.\n(2) The applicant in relation to a restraining order under\nsection 44(1)(a) must request the court that made the order to set\nthe order aside if the person could not be declared to be a drug\ntrafficker.\n(3) The applicant in relation to a restraining order may request the\ncourt that made the order to set the order aside for any other\nreason.\n(4) If a restraining order relating to property is set aside, the applicant\nin relation to the restraining order must ensure that:\n(a) notice of the setting aside is served personally, as soon as\npracticable, on each person on whom a copy of the restraining\norder was served under section 47; and\n(b) any property subject to the restraining order that is being\nretained under section 39(2) is returned to the person from\nwhom it was seized unless it is to be otherwise dealt with\nunder this Act or another Act; and\n(c) any property subject to the restraining order that is being\nguarded under section 39(2) is released from guard; and\n(d) if the applicant is aware that the person to whom property is to\nbe returned under paragraph (b) is not the owner of the\nproperty – the owner is notified, where practicable, of the\nsetting aside of the restraining order and the return of the\n\nCriminal Property Forfeiture Act 2002 36\n","sortOrder":50},{"sectionNumber":"51","sectionType":"section","heading":"Duration of restraining order","content":"51 Duration of restraining order\n(1) A restraining order under section 43 or 44 has effect for the period\nset by the court when the order is made.\n(2) On application, the court that made a restraining order may extend\nthe duration of the order for a further period.\n(3) The court that made a restraining order may extend the duration of\nthe order on as many occasions as the court sees fit.\n(4) If the period of a restraining order is extended under this section,\nthe applicant in relation to the order must serve a notice of the\nextension on each person on whom a notice was served under\nsection 47.\n","sortOrder":51},{"sectionNumber":"52","sectionType":"section","heading":"Restraining order ceases to have effect","content":"52 Restraining order ceases to have effect\n(1) If a restraining order has been made under section 43(1) or (2)(a) in\nrelation to suspected crime-used or crime-derived property, the\norder ceases to have effect if within the period set (or extended) by\nthe court under section 51 an application has not been made:\n(a) if the property is crime-derived – either under section 73 for a\ncriminal benefits declaration or under Part 7 for forfeiture of\nthe property; or\n(b) if the property is crime-used – under Part 7 for forfeiture of the\n(2) If a restraining order has been made under section 44(1)(a) in\nrelation to property of a person who was to be charged with an\noffence, the order ceases to have effect if within 21 days after the\ndate of the order the person has not been charged with the offence\nindicated in the application for the order or an alternative offence.\n(3) If a restraining order has been issued under section 44(1)(a) in\nrelation to property of a person who has been charged, or who was\nto be charged and a charge has been laid within 21 days after the\ndate of the order, the order ceases to have effect:\n(a) if the charge is finally determined but the person is not\ndeclared under section 36A of the Misuse of Drugs Act 1990\nto be a drug trafficker; or\n(b) if the charge is disposed of without being determined.\n\nCriminal Property Forfeiture Act 2002 37\n(4) If a restraining order has been made under section 43 on the basis\nthat an application had been made or was to be made for another\norder, the restraining order ceases to have effect if:\n(a) within 21 days after the making of the restraining order an\napplication has not been made for the other order; or\n(b) the application for the other order is withdrawn; or\n(c) the application for the other order is finally determined but the\ncourt that heard the application does not make the other order.\n(5) If a restraining order has been made under section 44(1)(b) on the\nbasis that an application was to be made for a production order or a\ndeclaration, the restraining order ceases to have effect if:\n(a) within 21 days after the making of the restraining order an\napplication has not been made for the production order or the\ndeclaration; or\n(b) the application for the production order or declaration is\nwithdrawn; or\n(c) the application for the production order or declaration is finally\ndetermined but the court that heard the application does not\nmake the production order or declaration; or\n(d) if a declaration is made – the respondent's liability to pay to\nthe Territory the amount ordered by the court that made the\ndeclaration (including any costs awarded against the\nrespondent) is satisfied, whether or not all or any of the\nproperty subject to the restraining order was transferred to the\nTerritory to satisfy the liability.\n(6) A restraining order made under section 43 or 44 ceases to have\neffect if the order is set aside under section 50 or Part 5.\n(7) Despite anything in this section, a restraining order that was issued\nunder both sections 43 and 44 or on more than one ground under\neither section:\n(a) only ceases to have effect if set aside on all grounds; and\n(b) if set aside on only some of the grounds – continues in effect\non each remaining ground.\n(8) A restraining order ceases to have effect in relation to property if\nthe property is forfeited to the Territory under Part 7, Division 3.\n\nCriminal Property Forfeiture Act 2002 38\n","sortOrder":52},{"sectionNumber":"53","sectionType":"section","heading":"Real property","content":"53 Real property\n(1) If a restraining order is issued in relation to land:\n(a) the applicant in relation to the restraining order must lodge an\ninstrument, together with a copy of the restraining order, with\nthe Registrar-General; and\n(b) the instrument has effect as a memorandum mentioned in\nsection 35 of the Land Title Act 2000 and is taken to be lodged\nby the appropriate Minister; and\n(c) the restraining order takes effect in relation to the land when\nthe instrument is registered under the Land Title Act 2000 and\nthe Registrar-General enters a statutory restrictions notice in\nthe land register.\n(2) If, in accordance with section 52, a restraining order ceases to have\neffect and the order relates wholly or in part to land:\n(a) the DPP must lodge an instrument with the Registrar-General\nadvising that the order has ceased to have effect; and\n(b) despite section 52, the restraining order only ceases to have\neffect in relation to the land when the instrument mentioned in\nparagraph (a) is registered under the Land Title Act 2000 and\nthe statutory restrictions notice is removed from the land\nregister.\n","sortOrder":53},{"sectionNumber":"54","sectionType":"section","heading":"Property may be restrained under more than one order","content":"54 Property may be restrained under more than one order\n(1) Property may be restrained under this Act under more than one\norder at the same time on the same or different grounds.\n(2) If a restraining order ceases to have effect in relation to property,\nthe property remains restrained under any other restraining order in\nrelation to the property while the other order remains in effect.\n","sortOrder":54},{"sectionNumber":"55","sectionType":"section","heading":"Prohibited dealings","content":"55 Prohibited dealings\n(1) A person must not deal with seized or restrained property in any\nway.\nMaximum penalty: 1 000 penalty units or the value of the\nproperty (whichever is greater), or\nimprisonment for 5 years.\n\nCriminal Property Forfeiture Act 2002 39\n(2) Subsection (1) does not apply to:\n(a) a person acting in accordance with an order under\nsection 46(1)(c), 109(2) or 111(2);\n(b) for seized property – a police officer acting under section 39 or\na person acting under the direction of a police officer who is\nacting in accordance with this Act; or\n(c) for restrained property – a person acting in accordance with\nthe restraining order.\n(3) It is a defence to a prosecution for an offence under subsection (1)\nin relation to seized property if the defendant establishes that he or\nshe did not know, and cannot reasonably be expected to have\nknown, that the property was seized under section 39 at the\nmaterial time.\n(4) It is a defence to a prosecution for an offence under subsection (1)\nin relation to property subject to a restraining order if the\nrespondent establishes that he or she did not know, and cannot\nreasonably be expected to have known, that the restraining order\nwas in force at the material time.\n(5) Subsection (1) does not prevent a person from being dealt with for\na contempt of the court that made a restraining order for a\ncontravention of the order, but the person is not punishable for both\na contempt and an offence under subsection (1) arising from the\nsame contravention.\n","sortOrder":55},{"sectionNumber":"56","sectionType":"section","heading":"Dealing with property","content":"56 Dealing with property\n(1) A reference in this Act to dealing with property includes a reference\nto doing or attempting to do any of the following:\n(a) sell the property or give it away;\n(b) dispose of the property in any other way;\n(c) move or use the property;\n(d) accept the property as a gift;\n(e) take any profit, benefit or proceeds from the property;\n(f) create, increase or alter any legal or equitable right or\nobligation in relation to the property;\n(g) effect a change in the effective control of the property.\n\nCriminal Property Forfeiture Act 2002 40\n(2) In subsection (1), a reference to the use of property does not\ninclude reasonable and necessary use for ordinary daily\nrequirements of life.\n(3) Subsection (1) does not prevent:\n(a) the renewal of a pre-existing lease agreement over land; or\n(b) the issue of a notice of default by a landlord or mortgagee,\nand the exercise of the landlord or mortgagee's rights, under\nthe terms of the lease or mortgage, as the case may be.\n","sortOrder":56},{"sectionNumber":"57","sectionType":"section","heading":"Permitted dealings in mortgaged property","content":"57 Permitted dealings in mortgaged property\nIf property that is mortgaged becomes subject to a restraining\norder, this Act does not:\n(a) prevent the mortgagor from making payments to the\nmortgagee in accordance with the mortgage if the payments\nare made with money that has not been seized or restrained;\nor\n(b) prevent the mortgagee from accepting payments from the\nmortgagor in accordance with the mortgage.\n","sortOrder":57},{"sectionNumber":"58","sectionType":"section","heading":"Effect of dealing in property subject to restraining order","content":"58 Effect of dealing in property subject to restraining order\nDespite any other Act, any dealing with property that contravenes\nsection 55 has no effect, whether at law, in equity or otherwise, on\nthe rights of the Territory under this Act.\n","sortOrder":58},{"sectionNumber":"59","sectionType":"section","heading":"Objections to restraining of property","content":"59 Objections to restraining of property\n(1) A person may file in the court that made the relevant restraining\norder an objection to the restraint of the property.\n(2) An objection is to identify:\n(a) the property to which the objection relates; and\n(b) the grounds for objection against the property being\nrestrained.\n\nCriminal Property Forfeiture Act 2002 41\n","sortOrder":59},{"sectionNumber":"60","sectionType":"section","heading":"Time for filing objection","content":"60 Time for filing objection\n(1) If a copy of the restraining order was served on the objector under\nsection 47, the objection is to be filed:\n(a) within 28 days after the day on which the copy of the order\nwas served on the objector; or\n(b) within any further time allowed by the court in which the\nobjection is filed.\n(2) If a copy of the restraining order was not served on the objector\nunder section 47, the objection is to be filed:\n(a) within 28 days after the day on which the objector becomes\naware, or could reasonably be expected to have become\naware, that the property has been restrained; or\n(b) within any further time allowed by the court in which the\nobjection is filed.\n(3) The court may allow further time under subsection (2) or (3) despite\nthat the time for filing the objection has expired.\n","sortOrder":60},{"sectionNumber":"61","sectionType":"section","heading":"Parties to objection proceedings","content":"61 Parties to objection proceedings\nThe Territory is a party to proceedings on an objection.\n","sortOrder":61},{"sectionNumber":"62","sectionType":"section","heading":"Setting aside restraining order","content":"62 Setting aside restraining order\n(1) The court that is hearing an objection to the restraint of property\nmay set aside the relevant restraining order to the extent provided\nby section 63, 64 or 65.\n(2) Despite subsection (1), if the property was restrained on 2 or more\ngrounds but the court does not set aside the restraining order in\nrelation to all the grounds, the restraining order continues in force\non each remaining ground.\n(3) If a court sets aside a restraining order under this Part, the court\nmay make any necessary or convenient ancillary orders.\n\nCriminal Property Forfeiture Act 2002 42\n","sortOrder":62},{"sectionNumber":"63","sectionType":"section","heading":"Setting aside restraining order – crime-used property","content":"63 Setting aside restraining order – crime-used property\n(1) The court that is hearing an objection to the restraint of property on\nthe ground that the property is crime-used may set aside the\n(a) the objector establishes that:\n(i) the objector is a spouse, de facto partner or dependant\nof an owner of the property; and\n(ii) the objector is an innocent party or is less than 18 years\nold; and\n(iii) the objector was usually resident on the property at the\ntime the relevant forfeiture offence was committed or is\nmost likely to have been committed; and\n(iv) the objector was usually resident on the property at the\ntime the objection was filed; and\n(v) the objector has no other residence at the time of\nhearing the objection; and\n(vi) the objector would suffer undue hardship if the property\nis forfeited; and\n(vii) it is not practicable to make adequate provision for the\nobjector by some other means; or\n(b) the objector establishes that:\n(i) the objector is the owner of the property or is one of 2 or\nmore owners of the property; and\n(ii) the property is not effectively controlled by a person who\nmade criminal use of the property; and\n(iii) the objector is an innocent party in relation to the\n(iv) each other owner (if there are more than one) is an\n(c) the objector establishes that it is more likely than not that the\nproperty is not crime-used.\n\nCriminal Property Forfeiture Act 2002 43\n(2) If the objector fails to establish for subsection (1)(b) that each other\nowner is an innocent party, the court that is hearing the objection\nmay:\n(a) order that, when the property is sold after forfeiture, the\nobjector is to be paid an amount from the proceeds of the sale\nthat is in proportion to the objector's share of the property; or\n(b) set aside the restraining order in relation to the property if it\nalso orders the objector to pay to the Territory the value of the\nshare of the property that the court finds is attributable to the\nowner or owners who are not established to be innocent\nparties.\n(3) In an order under subsection (2), the court must specify:\n(a) the proportion that it finds to be the objector's share of the\n(4) On application by the DPP or an owner of the property, the court\nthat made a restraining order on the ground that the relevant\nproperty is crime-used may set the order aside if the court also\norders the objector to pay to the Territory the value of the property.\n(5) The court that is hearing the objection or application must assess\nthe value of property:\n(a) for subsection (2)(b) – at the time of hearing the objection; and\n(b) for subsection (4) – at the time of hearing the application;\nand must specify the assessed value in the order.\n","sortOrder":63},{"sectionNumber":"64","sectionType":"section","heading":"Setting aside restraining order – crime-derived property","content":"64 Setting aside restraining order – crime-derived property\n(1) The court that is hearing an objection to the restraint of property on\nthe ground that the property is crime-derived may set aside the\n(a) the objector establishes that:\n(i) the objector is the owner of the property or is one of 2 or\nmore owners of the property; and\n\nCriminal Property Forfeiture Act 2002 44\n(ii) the property is not effectively controlled by a person who\nwholly or partly derived or realised the property, directly\nor indirectly, from the commission of a forfeiture offence;\nand\n(iii) the objector is an innocent party in relation to the\n(iv) each other owner (if there are more than one) is an\n(b) the objector establishes that it is more likely than not that the\nproperty is not crime-derived.\n(2) If the objector fails to establish for subsection (1)(a) that each other\nowner is an innocent party, the court that is hearing the objection\nmay:\n(a) order that, when the property is sold after forfeiture, the\nobjector is to be paid an amount from the proceeds of the sale\nthat is in proportion to the objector's share of the property; or\n(b) set aside the restraining order in relation to the property if it\nalso orders the objector to pay to the Territory the value of the\nshare of the property that the court finds is attributable to the\nowner or owners who are not established to be innocent\nparties.\n(3) In an order under subsection (2), the court must specify:\n(a) the proportion that it finds to be the objector's share of the\n(4) On application by the DPP or an owner of the property, the court\nthat made a restraining order on the ground that the relevant\nproperty is crime-derived may set the order aside if the court also\norders the objector to pay to the Territory the value of the property.\n(5) The court that is hearing the objection or application must assess\nthe value of property:\n(a) for subsection (2)(b) – at the time of hearing the objection; and\n(b) for subsection (4) – at the time of hearing the application;\nand must specify the assessed value in the order.\n\nCriminal Property Forfeiture Act 2002 45\n","sortOrder":64},{"sectionNumber":"65","sectionType":"section","heading":"Setting aside restraining order – other property","content":"65 Setting aside restraining order – other property\n(1) The court that made a restraining order under section 44(1)(a) may\nset the order aside if the court finds that it is more likely than not\nthat the person who is or will be charged with the offence does not\nown or effectively control the property, and has not at any time\ngiven it away.\n(2) The court that made a restraining order under section 44(1)(b)\nor (c) may set the order aside if the court finds that it is more likely\nthan not that the person who is or will be the respondent to the\nunexplained wealth declaration, criminal benefits declaration or\ncrime-used property substitution declaration does not own or\neffectively control the property, and has not at any time given it\naway.\n","sortOrder":65},{"sectionNumber":"66","sectionType":"section","heading":"Innocent party","content":"66 Innocent party\n(1) A person is an innocent party in relation to crime-used property if:\n(a) he or she did not know and had no reasonable grounds for\nsuspecting:\n(i) that the relevant forfeiture offence was being or would be\ncommitted; or\n(ii) that the property was being or would be used in or in\nconnection with the commission of a forfeiture offence;\nor\n(b) he or she took all reasonable steps to prevent:\n(i) the commission of the offence; or\n(ii) the use of the property in or in connection with the\ncommission of the offence;\nand the person was not in any way involved in the commission of\nthe relevant forfeiture offence.\n(2) A person who owns or effectively controls crime-used property is an\ninnocent party in relation to the property if:\n(a) the person did not acquire the property or its effective control\nbefore the time that the relevant forfeiture offence was\ncommitted or is likely to have been committed; and\n(b) at the time of acquiring the property or its effective control, the\nperson did not know and had no reasonable grounds for\nsuspecting that the property was crime-used; and\n\nCriminal Property Forfeiture Act 2002 46\n(c) if the person acquired the property for valuable\nconsideration – the consideration was lawfully acquired; and\n(d) the person did not acquire the property or its effective control,\nwhether by gift or for valuable consideration, with the intention\nof avoiding the operation of this Act.\n(3) A person is an innocent party in relation to crime-derived property if:\n(a) the person acquired the property, or the person's share of it (if\nit is owned by more than one person), for valuable\nconsideration; and\n(b) the consideration was lawfully acquired; and\n(c) before acquiring the property or share, the person made\nreasonable inquiries, and took all other action reasonable in\nthe circumstances, to ascertain whether or not the property\nwas crime-derived; and\n(d) despite the inquiries made under paragraph (c), at the time of\nacquiring the property or share the person did not know and\nhad no reasonable grounds for suspecting that the property\nwas crime-derived; and\n(e) the person did not acquire the property or share with the\nintention of avoiding the operation of this Act.\n","sortOrder":66},{"sectionNumber":"67","sectionType":"section","heading":"Application for unexplained wealth declaration","content":"67 Application for unexplained wealth declaration\n(1) The DPP may apply to the Supreme Court for an unexplained\nwealth declaration against a person.\n(2) An application under subsection (1) may be made in conjunction\n","sortOrder":67},{"sectionNumber":"68","sectionType":"section","heading":"Unexplained wealth","content":"68 Unexplained wealth\n(1) For this Act, a person has unexplained wealth if the value of the\nperson's total wealth as described in subsection (2) is greater than\nthe value of the person's lawfully acquired wealth as described in\nsubsection (3).\n\nCriminal Property Forfeiture Act 2002 47\n(2) The value of the person's total wealth is the total value of all the\nitems of property, and all the services, advantages and benefits,\nthat together constitute the person's wealth.\n(3) The value of the person's lawfully acquired wealth is the total value\nof all the items of property, and all the services, advantages and\nbenefits, that constitute the person's wealth and were lawfully\nacquired.\n","sortOrder":68},{"sectionNumber":"69","sectionType":"section","heading":"Assessing the value of unexplained wealth","content":"69 Assessing the value of unexplained wealth\n(1) The respondent's unexplained wealth is the difference between:\n(a) the respondent's total wealth; and\n(b) the respondent's lawfully acquired wealth.\n(2) When assessing the respondent's wealth:\n(a) the value of any property, service, advantage or benefit that is\na constituent of the respondent's wealth is taken to be the\ngreater of:\n(ii) its value on the day that the application for the\nunexplained wealth declaration was made; and\n(b) the value of any property, service, advantage or benefit that\nwas a constituent of the respondent's wealth but has been\ngiven away, used, consumed or discarded, or that is for any\nother reason no longer available, is taken to be an outgoing at\nthe greater of:\n(ii) its value immediately before it was given away, or was\nused, consumed or discarded, or stopped being\navailable; and\n(c) the court that is hearing an application under section 67 must\nnot take account of:\n(i) any property that has been forfeited under this Act or\nany other Act; or\n(ii) any property, service, advantage or benefit that was\ntaken into account in making an earlier unexplained\nwealth declaration against the respondent; or\n\nCriminal Property Forfeiture Act 2002 48\n(iii) any property, service, advantage or benefit in relation to\nwhich a criminal benefits declaration has been made.\n","sortOrder":69},{"sectionNumber":"70","sectionType":"section","heading":"The constituents of a person's wealth","content":"70 The constituents of a person's wealth\nThe following property, services, advantages and benefits\nconstitute a person's wealth:\n(a) all property that the person owns, whether the property was\nacquired before or after the commencement of this Act;\n(b) all property that the person effectively controls, whether the\nperson acquired effective control of the property before or\nafter the commencement of this Act;\n(c) all property that the person has given away at any time,\nwhether before or after the commencement of this Act;\n(d) all other property acquired by the person at any time, whether\nbefore or after the commencement of this Act, including\nconsumer goods and consumer durables that have been\nconsumed or discarded (but not including necessary food,\nclothing and other items reasonably necessary for ordinary\ndaily requirements of life);\n(e) all services, advantages and benefits that the person has\nacquired at any time, whether before or after the\ncommencement of this Act;\n(f) all property, services, advantages and benefits acquired, at\nthe request or direction of the person, by another person at\nany time, whether before or after the commencement of this\nAct, including consumer goods and consumer durables that\nhave been consumed or discarded (but not including\nnecessary food, clothing and other items reasonably\nnecessary for ordinary daily requirements of life);\n(g) anything of monetary value acquired by the person or another\nperson, in Australia or elsewhere, from the commercial\nexploitation of any product or any broadcast, telecast or other\npublication, where the commercial value of the product,\nbroadcast, telecast or other publication depends on or is\nderived from the person's involvement in the commission of a\nforfeiture offence, whether or not the thing was lawfully\nacquired and whether or not the person has been charged\nwith or convicted of the offence.\n\nCriminal Property Forfeiture Act 2002 49\n","sortOrder":70},{"sectionNumber":"71","sectionType":"section","heading":"Unexplained wealth declaration","content":"71 Unexplained wealth declaration\n(1) The court that is hearing an application under section 67 must\ndeclare that the respondent has unexplained wealth if it is more\nlikely than not that the respondent's total wealth is greater than his\nor her lawfully acquired wealth.\n(2) Any property, service, advantage or benefit that is a constituent of\nthe respondent's wealth is presumed not to have been lawfully\nacquired unless the respondent establishes the contrary.\n(3) Without limiting the matters to which a court may have regard in\ndeciding whether the respondent has unexplained wealth, the court\nmay have regard to the amount of the respondent's income and\noutgoings at any time or at all times.\n(4) When a court makes an unexplained wealth declaration, the court\nmust:\n(a) assess the respondent's unexplained wealth in accordance\nwith section 69; and\n(b) specify the assessed value of the unexplained wealth in the\ndeclaration; and\nspecified in the declaration as the value of his or her\nunexplained wealth.\n(5) When making an unexplained wealth declaration, the court may\nmake any necessary or convenient ancillary orders, including\nawarding costs as the court sees fit.\n","sortOrder":71},{"sectionNumber":"72","sectionType":"section","heading":"Unexplained wealth payable to Territory","content":"72 Unexplained wealth payable to Territory\n(1) If a court makes an unexplained wealth declaration, the respondent\nmust pay to the Territory the amount ordered by the court.\n(2) The amount payable to the Territory may be satisfied, wholly or in\n","sortOrder":72},{"sectionNumber":"73","sectionType":"section","heading":"Application for criminal benefit declaration","content":"73 Application for criminal benefit declaration\n(1) The DPP may apply to the Supreme Court for a criminal benefit\ndeclaration against a person.\n\nCriminal Property Forfeiture Act 2002 50\n(2) An application under subsection (1) may be made in conjunction\n","sortOrder":73},{"sectionNumber":"74","sectionType":"section","heading":"Acquiring criminal benefit","content":"74 Acquiring criminal benefit\n(1) For this Act, a person has acquired a criminal benefit if:\n(a) any property, service, advantage or benefit that is a\nconstituent of the person's wealth was directly or indirectly\nacquired as a result of the person's involvement in the\ncommission of a forfeiture offence, (whether or not the\nproperty, service, advantage or benefit was lawfully acquired);\nor\n(b) the person has been involved in the commission of a forfeiture\noffence, and any property, service, advantage or benefit that is\na constituent of the person's wealth was not lawfully acquired,\n(whether or not the property, service, advantage or benefit\nwas acquired as a result of the person's involvement in the\ncommission of the offence).\n(2) Without limiting subsection (1), the person has acquired a criminal\nbenefit:\n(a) whether the property, service, advantage or benefit was\nacquired before, during or after the forfeiture offence was or is\nlikely to have been committed; and\n(b) whether the property, service, advantage or benefit was\nacquired before or after the commencement of this Act; and\n(c) whether the forfeiture offence was committed before or after\nthe commencement of this Act.\n","sortOrder":74},{"sectionNumber":"75","sectionType":"section","heading":"Criminal benefit declaration – crime-derived property","content":"75 Criminal benefit declaration – crime-derived property\n(1) A court that is hearing an application under section 73 must declare\nthat the respondent has acquired a criminal benefit if it is more\nlikely than not:\n(a) that the property, service, advantage or benefit described in\nthe application is a constituent of the respondent's wealth; and\n(b) that the respondent is or was involved in the commission of a\nforfeiture offence; and\n(c) that the property, service, advantage or benefit was wholly or\npartly derived or realised, directly or indirectly, as a result of\n\nCriminal Property Forfeiture Act 2002 51\nthe respondent's involvement in the commission of the\nforfeiture offence (whether or not the property, service,\nadvantage or benefit was lawfully acquired).\n(2) The property, service, advantage or benefit mentioned in\nsubsection (1) is presumed to have been directly or indirectly\nacquired as a result of the respondent's involvement in a forfeiture\noffence unless the respondent establishes otherwise.\n","sortOrder":75},{"sectionNumber":"76","sectionType":"section","heading":"Criminal benefit declaration – unlawfully acquired property","content":"76 Criminal benefit declaration – unlawfully acquired property\n(1) A court that is hearing an application under section 73 must declare\nthat the respondent has acquired a criminal benefit if it is more\nlikely than not that:\n(a) the property, service, advantage or benefit described in the\napplication is a constituent of the respondent's wealth; and\n(b) the property, service, advantage or benefit was not lawfully\nacquired.\n(2) If the respondent has been convicted or is taken to have been\nconvicted of a forfeiture offence, or it is more likely than not that the\nrespondent is or has been involved in the commission of a forfeiture\noffence, it is presumed that the property, service, advantage or\nbenefit was not lawfully acquired unless the respondent establishes\nthe contrary.\n","sortOrder":76},{"sectionNumber":"77","sectionType":"section","heading":"Lawful acquisition of property","content":"77 Lawful acquisition of property\n(1) Any property, service, advantage or benefit is lawfully acquired only\nif:\n(a) the property, service, advantage or benefit was itself lawfully\nacquired; and\n(b) any consideration given for the property, service, advantage or\nbenefit was lawfully acquired; and\n(c) any obligation in relation to the acquisition is or has been met\nby lawfully acquired means.\n(2) Any property, service, advantage or benefit is not lawfully acquired\nif the property, service, advantage or benefit is received as\nconsideration under a contract, understanding or arrangement by\nwhich premises or services are provided in circumstances where it\nis more likely than not that the provider of the premises or services\nis aware, or ought to be aware, that the premises or services are\nused or intended to be used in relation to the commission of a\n\nCriminal Property Forfeiture Act 2002 52\n(3) Property that is given to a person as a gift is only lawfully acquired\nproperty in the hands of the recipient if it was lawfully acquired\nproperty in the hands of the donor.\n","sortOrder":77},{"sectionNumber":"78","sectionType":"section","heading":"Criminal benefit declaration","content":"78 Criminal benefit declaration\n(1) When making a criminal benefit declaration, the court must:\n(a) assess, in accordance with section 79, the value of the\ncriminal benefit acquired by the respondent; and\n(b) specify in the declaration the assessed value of the criminal\nbenefit; and\nspecified in the declaration as the value of the criminal benefit\nthe respondent has acquired.\n(2) A court must not make a criminal benefit declaration in relation to\nany property, service, advantage or benefit if:\n(a) the property, service, advantage or benefit has been taken\ninto account when making an unexplained wealth declaration\nagainst the respondent; or\n(b) a criminal benefits declaration has already been made in\nrelation to the property, service, advantage or benefit; or\n(c) the property, service, advantage or benefit (or its value) has\nbeen forfeited under this Act or any other Act.\n(3) When making a criminal benefit declaration, the court may make\nany necessary or convenient ancillary orders, including awarding\ncosts as the court sees fit.\n","sortOrder":78},{"sectionNumber":"79","sectionType":"section","heading":"Assessing the value of criminal benefit","content":"79 Assessing the value of criminal benefit\nWhen assessing the value of a criminal benefit for section 78(1):\n(a) the value of any property, service, advantage or benefit\nacquired by the respondent is taken to be the greater of:\n(ii) its value on the day that the application for the criminal\nbenefits declaration was made; and\n(b) the value of any property, service, advantage or benefit that\nwas acquired by the respondent but has been given away,\nused, consumed or discarded, or that is for any other reason\n\nCriminal Property Forfeiture Act 2002 53\nno longer available when the application for the declaration\nwas made, is taken to be the greater of:\n(ii) its value at the time that it was given away, or was used,\nconsumed or discarded, or stopped being available.\n","sortOrder":79},{"sectionNumber":"80","sectionType":"section","heading":"Criminal benefits payable to Territory","content":"80 Criminal benefits payable to Territory\n(1) If a court makes a criminal benefit declaration, the respondent must\npay to the Territory the amount ordered by the court.\n(2) The amount payable to the Territory may be satisfied, wholly or in\n","sortOrder":80},{"sectionNumber":"81","sectionType":"section","heading":"Application for crime-used property substitution declaration","content":"81 Application for crime-used property substitution declaration\n(1) The DPP may apply to the Supreme Court for a crime-used\nproperty substitution declaration against a person.\n(2) On hearing an application under subsection (1), the court must\ndeclare that property of equivalent value owned or effectively\ncontrolled by the respondent is to be substituted for crime-used\nproperty if:\n(a) it is more likely than not that the respondent has made\ncriminal use of property so that the property is crime-used;\nand\n(b) the crime-used property is not amenable to a restraining order\nor forfeiture under this Act for a reason or reasons mentioned\nin section 82.\n(3) An application under subsection (1) may be made in conjunction\n(4) If the court makes a declaration under this section, the court must:\n(a) assess the value of the crime-used property in accordance\nwith section 85; and\n(b) specify the assessed value of the crime-used property in the\ndeclaration; and\n\nCriminal Property Forfeiture Act 2002 54\nspecified in the declaration as the value of the crime-used\n(5) Crime-used property substitution declarations can be made against\n2 or more respondents in respect of the same crime-used property,\nwhether or not the applications for the respective declarations are\nheard in the same proceedings.\n(6) If a court makes a declaration under this section, the court may\nmake any necessary or convenient ancillary orders, including\nawarding costs as the court sees fit.\n","sortOrder":81},{"sectionNumber":"82","sectionType":"section","heading":"Crime-used property not available","content":"82 Crime-used property not available\nFor section 81, crime-used property is not available for forfeiture if:\n(a) at the time the property became crime-used, the respondent:\n(i) had a legal or equitable interest in the property through\nan agreement granted by another person who is an\n(ii) had a right of occupancy, use or possession of the\nproperty through an agreement granted by another\nperson who is an innocent party in relation to the\nproperty; or\n(iii) did not have effective control of the property; or\n(b) the property was or is owned or effectively controlled by the\nrespondent, and was or is restrained, but the restraining order\nhas been or is to be set aside under section 63(1)(a) in favour\nof a spouse, de facto partner or dependant of the respondent;\nor\n(c) the property has been sold or otherwise disposed of, or cannot\nfor any other reason be found for the purposes of this Act.\n","sortOrder":82},{"sectionNumber":"83","sectionType":"section","heading":"Burden of proof","content":"83 Burden of proof\n(1) If the respondent has been convicted of the relevant forfeiture\noffence in respect of which property was used so that the property\nbecame crime-used, it is presumed that the respondent made\ncriminal use of the property unless the respondent establishes the\ncontrary.\n(2) If the respondent has not been convicted of the relevant forfeiture\noffence but the applicant establishes that it is more likely than not\nthat crime-used property was in the respondent's possession at the\n\nCriminal Property Forfeiture Act 2002 55\ntime that the offence was committed or immediately afterwards, it is\npresumed that the respondent made criminal use of the property\nunless the respondent establishes the contrary.\n(3) In any circumstances except those set out in subsection (1) or (2),\nthe applicant bears the onus of establishing that the respondent\nmade criminal use of the property.\n","sortOrder":83},{"sectionNumber":"84","sectionType":"section","heading":"Criminal use of property","content":"84 Criminal use of property\nFor this Act, a person makes criminal use of property if the person,\nalone or with anyone else (who need not be identified), uses or\nintends to use the property in a way that brings the property within\nthe definition of crime-used property.\n","sortOrder":84},{"sectionNumber":"85","sectionType":"section","heading":"Assessing the value of crime-used property","content":"85 Assessing the value of crime-used property\n(1) When assessing the value of crime-used property for making a\ncrime-used property substitution order, the value of the property is\ntaken to be its value at the time that the relevant forfeiture offence\nwas or is likely to have been committed.\n(2) The value of the crime-used property is taken to be its full value\neven if the respondent did not outlay any amount for obtaining or\nmaking criminal use of the property or did not outlay an amount\nequal to its full value for that purpose.\n(3) In this section, the value of crime-used property is the freehold\nvalue of real property, or the full value of other property, and not the\nvalue of an interest in the property under an agreement.\n","sortOrder":85},{"sectionNumber":"86","sectionType":"section","heading":"Substituted property payable to Territory","content":"86 Substituted property payable to Territory\n(1) If a court makes a crime-used property substitution declaration\nunder section 81, the respondent must pay to the Territory the\namount ordered by the court.\n(2) If a crime-used property substitution declaration is made against\n2 or more respondents in respect of the same crime-used property,\nthe respondents are jointly and severally liable to pay to the\nTerritory the amount ordered by the court.\n(3) The amount payable to the Territory may be satisfied, wholly or in\n\nCriminal Property Forfeiture Act 2002 56\n","sortOrder":86},{"sectionNumber":"87","sectionType":"section","heading":"Recovery of amount payable to Territory","content":"87 Recovery of amount payable to Territory\n(1) The amount payable under section 72, 80 or 86 by a respondent to\nthe Territory is payable to the Fines Recovery Unit within one\nmonth after the date on which the relevant declaration was made.\n(2) If part or all of the amount payable to the Territory is not paid within\nthe time specified in subsection (1), the unpaid amount is\nrecoverable from the respondent by the Territory under the Fines\nand Penalties (Recovery) Act 2001.\n(3) This section does not affect any other means by which the Territory\nmay recover any unpaid amount of a person's liability under this\nAct.\n","sortOrder":87},{"sectionNumber":"88","sectionType":"section","heading":"Use of restrained property to meet liability","content":"88 Use of restrained property to meet liability\n(1) A person who is liable under Part 6 to pay an amount to the\nTerritory may transfer property (whether or not the property is\nsubject to a restraining order under this Act) to the Territory to\nsatisfy the liability wholly or in part.\n(2) If part or all of the amount payable to the Territory is not paid within\nthe time specified in section 87(1), any property that is subject to a\nrestraining order under this Act and that is owned or effectively\ncontrolled by the person liable to the Territory is available for\nsatisfying the person's liability to the extent possible.\n","sortOrder":88},{"sectionNumber":"89","sectionType":"section","heading":"Proceeds from sale of restrained property","content":"89 Proceeds from sale of restrained property\nIf property that is subject to a restraining order is sold, the proceeds\nof the sale are available and may be forfeited under this Act:\n(a) to satisfy a person's liability under Part 6; or\n(b) if the property is ordered to be forfeited under section 96\nor 97 – as if the proceeds were the property that has been\nsold.\n","sortOrder":89},{"sectionNumber":"90","sectionType":"section","heading":"Nexus between restraint and forfeiture not necessary","content":"90 Nexus between restraint and forfeiture not necessary\nProperty that is restrained under this Act is liable to forfeiture to\nsatisfy an order under this Part despite that the grounds for the\nforfeiture order may be different to the grounds on which the\nrestraining order was made.\n\nDivision 2 Use of effectively controlled property or gift to meet liability\nCriminal Property Forfeiture Act 2002 57\nDivision 2 Use of effectively controlled property or gift to\nmeet liability\n91 Forfeitable property declaration\n(1) The DPP may apply to the Supreme Court for a forfeitable property\ndeclaration.\n(2) An application under subsection (1) may be made in the course of\nproceedings under Part 6, Division 1 for an unexplained wealth\ndeclaration, under Part 6, Division 2 for a criminal benefits\ndeclaration, under Part 6, Division 3 for a crime-used property\nsubstitution declaration, or at any other time.\n","sortOrder":90},{"sectionNumber":"92","sectionType":"section","heading":"Property not owned by respondent available for forfeiture","content":"92 Property not owned by respondent available for forfeiture\n(1) The court that is hearing an application under section 91 may\ndeclare that property specified in the application that is not owned\nby the respondent is available for forfeiture under this Part (whether\nor not the property is subject to a restraining order under this Act) to\nsatisfy the respondent's liability to the Territory under Part 6 if it is\nmore likely than not:\n(a) that the respondent effectively controlled the property at the\ntime that the application was made for a declaration under\nPart 6; or\n(b) that the respondent had given the property away at a time\nbefore the application was made for a declaration under\nPart 6.\n(2) The property mentioned in subsection (1) is presumed to have been\neffectively controlled by the respondent or to have been given away\nby the respondent at the material time unless the respondent\nestablishes the contrary.\n(3) If a court makes a declaration under this section, the court may\nmake any necessary or convenient ancillary orders.\n","sortOrder":91},{"sectionNumber":"93","sectionType":"section","heading":"Limitation on forfeiture of effectively controlled property","content":"93 Limitation on forfeiture of effectively controlled property\nProperty that is:\n(a) the subject of a forfeitable property declaration; or\n(b) the subject of a restraining order on the grounds of being\neffectively controlled by a person who is liable under Part 6 to\npay an amount to the Territory;\n\nSubdivision B Crime-used property and crime-derived property\nCriminal Property Forfeiture Act 2002 58\nis only to be called upon to satisfy the person's liability to the extent\nthat property owned by the person is not available or is insufficient\nto satisfy the liability.\nSubdivision A Property of declared drug trafficker\n","sortOrder":92},{"sectionNumber":"94","sectionType":"section","heading":"Forfeiture of declared drug trafficker's property","content":"94 Forfeiture of declared drug trafficker's property\n(1) If a person is declared to be a drug trafficker under section 36A of\nthe Misuse of Drugs Act 1990:\n(a) all property subject to a restraining order that is owned or\neffectively controlled by the person; and\n(b) all property that was given away by the person, whether\nbefore or after the commencement of this Act;\nis forfeited to the Territory.\n(2) Subsection (1) applies also to a person who is taken under\nsection 8 to be a declared drug trafficker.\n(3) The DPP may apply to the Supreme Court for a declaration that\nproperty has been forfeited by operation of this section.\n(4) If the court that is hearing an application under subsection (3) finds\nthat property specified in the application has been forfeited to the\nTerritory by operation of this section, the court must make a\ndeclaration to that effect.\nSubdivision B Crime-used property and crime-derived property\n","sortOrder":93},{"sectionNumber":"95","sectionType":"section","heading":"Application for forfeiture order","content":"95 Application for forfeiture order\n(1) A police officer or the DPP may apply to the Local Court for an\norder under this Subdivision in respect of property that was\nrestrained under section 43(1).\n(2) The DPP may apply to the Supreme Court for an order under this\nSubdivision.\n(3) If an application under this section is for an order under section 96\nor 97:\n(a) the application is not to be made until after the objection\nperiod has expired for any persons served with a copy of the\nrelevant restraining order under section 47(1) or (3); and\n\nSubdivision C Criminal benefits, unexplained wealth and substituted property\nCriminal Property Forfeiture Act 2002 59\n(b) the court to which the application is made must not hear the\napplication until any objection under Part 5 by a person\nmentioned in paragraph (a) has been heard and determined.\n(4) If an objection under Part 5 is lodged by a person who was not\nserved with a copy of the relevant restraining order under\nsection 47(1) or (3), the court that is hearing an application under\nthis section may stay or adjourn the hearing until the objection is\ndetermined.\n(5) An application for an order under section 97 cannot be made if the\nproperty has been taken into account for a criminal benefits\ndeclaration under section 75.\n(6) In this section, an objection is taken to have been heard and\ndetermined if it is withdrawn, discontinued or otherwise lapses\nthrough want of prosecution.\n","sortOrder":94},{"sectionNumber":"96","sectionType":"section","heading":"Crime-used property","content":"96 Crime-used property\n(1) A court that is hearing an application under section 95 in relation to\nproperty restrained on suspicion the property was crime-used must\norder that the property is forfeit to the Territory if the court is\nsatisfied that it is more likely than not that the property is crime-\nused.\n(2) A court must order forfeiture of property under subsection (1)\ndespite that no person has been identified as the owner or\ncontroller of the property.\n","sortOrder":95},{"sectionNumber":"97","sectionType":"section","heading":"Crime-derived property","content":"97 Crime-derived property\nA court that is hearing an application under section 95 in relation to\nproperty restrained on suspicion the property was crime-derived\nmust order that the property is forfeit to the Territory if the court is\nsatisfied that it is more likely than not that the property is crime-\nderived.\nSubdivision C Criminal benefits, unexplained wealth and\nsubstituted property\n","sortOrder":96},{"sectionNumber":"98","sectionType":"section","heading":"DPP may apply for forfeiture order","content":"98 DPP may apply for forfeiture order\nThe DPP may apply to the Supreme Court for an order under this\nSubdivision that property is forfeit to the Territory.\n","sortOrder":97},{"sectionNumber":"99","sectionType":"section","heading":"Criminal benefit","content":"99 Criminal benefit\n\nCriminal Property Forfeiture Act 2002 60\na criminal benefit declaration has been made under section 75\nagainst the person who owned or effectively controlled the\nrestrained property at the time the restraining order was made.\n","sortOrder":98},{"sectionNumber":"100","sectionType":"section","heading":"Unexplained wealth","content":"100 Unexplained wealth\nan unexplained wealth declaration has been made under section 71\nagainst the person who owned or effectively controlled the\nrestrained property at the time the restraining order was made.\n","sortOrder":99},{"sectionNumber":"101","sectionType":"section","heading":"Substituted property","content":"101 Substituted property\na crime-used property substitution declaration has been made\nunder section 81 against the person who owned or effectively\ncontrolled the restrained property at the time the restraining order\nwas made.\n","sortOrder":100},{"sectionNumber":"102","sectionType":"section","heading":"Notice of forfeiture of land or other registrable property","content":"102 Notice of forfeiture of land or other registrable property\n(1) If a court declares or orders under this Division that land has been\nforfeited, the DPP must lodge an instrument to that effect with the\nRegistrar-General.\n(2) If a court declares or orders under this Division that property that is\nregistrable under an Act other than the Land Title Act 2000 has\nbeen forfeited, the DPP must lodge with the appropriate registrar:\n(a) a copy of the declaration or order; and\n(b) a notice giving particulars of the forfeiture.\n","sortOrder":101},{"sectionNumber":"103","sectionType":"section","heading":"Value of property sold by Territory","content":"103 Value of property sold by Territory\n(1) If forfeited property is sold by or for the Territory under this Act, the\nvalue of the property is taken to be the remainder (if any) of the\nproceeds of the sale after the proceeds are applied to the following:\n(a) firstly, the costs, charges and expenses arising from the sale;\n(b) secondly, if a restraining order is or was in force for the\nproperty – expenses incurred by the Territory or a person\nappointed to manage the property while the order was in\nforce;\n\nCriminal Property Forfeiture Act 2002 61\n(c) thirdly, any expenses incurred by the Territory or a person\nappointed to manage the property after it was forfeited;\n(d) fourthly, any bona fide charges or other encumbrances on the\n(2) If the property is security for a mortgage that is also secured by\nother property then, despite any other Act and any inconsistent\nterm of the mortgage, the extent of the security in relation to the\nsold property is the proportion that the value of the sold property\nbore to the total value of all the properties securing the mortgage at\nthe time that the mortgage was entered into.\n","sortOrder":102},{"sectionNumber":"104","sectionType":"section","heading":"Variation of declarations and orders","content":"104 Variation of declarations and orders\nThe DPP may at any time apply to the court that made a\ndeclaration or order under this Part for a variation of the declaration\nor order, or for a further declaration or order, to give effect or to give\nbetter effect, to the previous declaration or order.\n","sortOrder":103},{"sectionNumber":"Part 8","sectionType":"part","heading":"Management of seized, restrained and forfeited","content":"Part 8 Management of seized, restrained and forfeited\n","sortOrder":104},{"sectionNumber":"105","sectionType":"section","heading":"Management of seized property","content":"105 Management of seized property\nThe Commissioner of Police has responsibility for the control and\nmanagement of property seized under a warrant under section 34\nor under section 39(1).\n","sortOrder":105},{"sectionNumber":"106","sectionType":"section","heading":"Management of restrained or forfeited property","content":"106 Management of restrained or forfeited property\n(1) The Public Trustee has responsibility for the control and\nmanagement of property that is subject to a restraining order unless\na court otherwise orders under section 46(1)(c) or 109(2).\n(2) The Public Trustee has responsibility for the control and\nmanagement of forfeited property until it is disposed of.\n(3) The Public Trustee may appoint a person who owns property that is\nsubject to a restraining order to manage the property.\n","sortOrder":106},{"sectionNumber":"107","sectionType":"section","heading":"Financial institution to transfer restrained funds to Public","content":"107 Financial institution to transfer restrained funds to Public\nTrustee\n(1) A financial institution that is holding in an account funds that are\nrestrained under this Act must, on demand by the Public Trustee,\ntransfer the restrained funds to the Public Trustee.\n\nCriminal Property Forfeiture Act 2002 62\n(2) The Public Trustee must hold on trust any funds received under this\nsection and deal with the funds in accordance with the Public\nTrustee Act 1979.\n","sortOrder":107},{"sectionNumber":"108","sectionType":"section","heading":"Public Trustee's capacity to carry out transactions","content":"108 Public Trustee's capacity to carry out transactions\nProperty that is the responsibility of the Public Trustee under\nsection 106 is subject to the provisions of Part VIII of the Public\nTrustee Act 1979 (except sections 59, 60(1)(b), 66, 67 and 67A) as\nif the Public Trustee had been appointed as manager of the\nproperty by the Supreme Court under section 59 of that Act.\n","sortOrder":108},{"sectionNumber":"109","sectionType":"section","heading":"Applications by owner for control and management","content":"109 Applications by owner for control and management\n(1) An owner of restrained property may apply to the court that made\nthe relevant restraining order for an order under subsection (2) in\nrelation to the property.\n(2) The court that is hearing an application under subsection (1) may, if\nit thinks fit, by order appoint the person:\n(a) to control and manage the property while the restraining order\nis in force; or\n(b) to sell or destroy the property.\n(3) If restrained property is sold in accordance with an order under\nsubsection (2), the proceeds of the sale are taken to be restrained\nproperty that is subject to the restraining order made in respect of\nthe sold property and must be transferred to the Public Trustee.\n","sortOrder":109},{"sectionNumber":"110","sectionType":"section","heading":"Duties of responsible person","content":"110 Duties of responsible person\nA person who has responsibility for the control or management of\nproperty under this Act or an order under this Act must take\nreasonable steps to ensure that the property is appropriately stored\nor managed, and that it is appropriately maintained, until one of the\nfollowing happens in accordance with this Act:\n(a) the property is returned to the person from whom it was seized\nor to a person who owns it;\n(b) another person becomes responsible for the control and\nmanagement of the property;\n(c) the property is sold or destroyed;\n(d) the property is otherwise disposed of.\n\nDivision 2 Disposal of deteriorating or undesirable property\nCriminal Property Forfeiture Act 2002 63\nDivision 2 Disposal of deteriorating or undesirable property\n111 Destruction of property on grounds of public interest\n(1) A person who has responsibility for the control or management of\nseized, restrained or forfeited property may apply to the court that\nmade the relevant order (or, for seized property, the court that has\njurisdiction under section 135) for an order under subsection (2)\nthat the property be destroyed.\n(2) The court that is hearing an application under subsection (1) may\norder that the property is to be destroyed if it would not be in the\npublic interest to preserve the property.\n","sortOrder":110},{"sectionNumber":"112","sectionType":"section","heading":"Sale of deteriorating property","content":"112 Sale of deteriorating property\n(1) A person who has responsibility for the control or management of\nrestrained property may apply to the court that made the relevant\nrestraining order for an order under subsection (2) that the property\nbe sold.\n(2) The court that is hearing an application under subsection (1) may\norder that the property is to be sold if it is more likely than not that:\n(a) the property is or will be subject to substantial waste or loss of\nvalue if it is retained until it is dealt with under another\nprovision of this Act; or\n(b) the cost of managing or protecting the property will exceed the\nvalue of the property if it is retained until it is dealt with under\nanother provision of this Act.\n(3) If the Public Trustee has the control or management of property that\nis restrained under this Act and is not land, the Public Trustee may\nsell the property for and on behalf of the Territory in the\ncircumstances mentioned in subsection (2) without obtaining a\ncourt order under that subsection if the Minister approves the sale\nin the circumstances.\n(4) Subsections (2) and (3) apply also to property where, despite that\nthe market value of the property may not be diminishing, interest\ncharges or the like are resulting in or are likely to result in a\ndiminishing realisable equity in the property.\n(5) If restrained property is sold under an order under subsection (2) or\nunder subsection (3) the proceeds of the sale are taken to be\nrestrained property that is subject to the restraining order made in\nrespect of the sold property.\n\nCriminal Property Forfeiture Act 2002 64\n(6) If restrained property that is land is sold under an order under\nsubsection (2), a copy of the order is to be lodged with the\nRegistrar-General by the applicant for the order.\n","sortOrder":111},{"sectionNumber":"113","sectionType":"section","heading":"Valuation and inventory of restrained property","content":"113 Valuation and inventory of restrained property\nA person who has the control or management of restrained property\nunder this Act:\n(a) may do either or both of the following:\n(i) arrange for the property to be valued by an appropriately\nqualified person;\n(ii) arrange for an inventory to be taken of any fittings,\nfixtures or moveable goods in, on or comprising the\n(b) must, if an inventory is taken under paragraph (a)(ii), arrange\nfor a copy of the inventory to be served on each person on\nwhom a copy of the restraining order was served under\nsection 47.\n","sortOrder":112},{"sectionNumber":"114","sectionType":"section","heading":"Public Trustee's power to appoint manager","content":"114 Public Trustee's power to appoint manager\nIf the Public Trustee has responsibility under this Act for the control\nor management of property, the Public Trustee may appoint a\nperson to perform all or any of the Public Trustee's functions in\nrelation to the property.\n","sortOrder":113},{"sectionNumber":"115","sectionType":"section","heading":"Public Trustee's liability for charges on restrained property","content":"115 Public Trustee's liability for charges on restrained property\n(1) If Territory taxes imposed on restrained or forfeited property fall due\nwhile the property is under the control or management of the Public\nTrustee, the Public Trustee is liable for the taxes only to the extent\nof any rents and profits received by the Public Trustee in respect of\nthe property.\n(2) If the property is a business, the Public Trustee is not liable for:\n(a) any payment in respect of long service leave for which the\nbusiness or the owner of the business is liable; or\n(b) any payment in respect of long service leave to which a\nperson appointed by the Public Trustee to manage the\nbusiness, or the legal personal representative of such a\nperson, becomes entitled as a result of managing the\nbusiness after the date of the restraining order.\n\nCriminal Property Forfeiture Act 2002 65\n","sortOrder":114},{"sectionNumber":"116","sectionType":"section","heading":"Managing interstate property","content":"116 Managing interstate property\n(1) The Public Trustee may make an agreement for the management\nof property restrained under a registered interstate restraining order\nwith a person who is required under the order to take control of the\n(2) The Public Trustee may perform, in accordance with an agreement\nmentioned in subsection (1), the same functions in relation to\nproperty restrained under a registered interstate restraining order\nas the person who is required under the order to take control of the\nproperty would be able to perform if the property were in the State\nor other Territory in which the order was made.\n","sortOrder":115},{"sectionNumber":"117","sectionType":"section","heading":"Fees payable to Public Trustee","content":"117 Fees payable to Public Trustee\nThe Public Trustee is entitled to receive the fees prescribed by or\nunder the Public Trustee Act 1979 for performing its functions under\nthis Act in relation to restrained or forfeited property.\n","sortOrder":116},{"sectionNumber":"118","sectionType":"section","heading":"Obstructing Public Trustee","content":"118 Obstructing Public Trustee\nA person must not hinder or obstruct the Public Trustee or a Deputy\nPublic Trustee, or an officer, servant or agent of the Public Trustee,\nin exercising the functions of the Public Trustee under this Act.\n","sortOrder":117},{"sectionNumber":"119","sectionType":"section","heading":"Application for release of forfeited property","content":"119 Application for release of forfeited property\n(1) A person may apply to the court that ordered the forfeiture of\nproperty under Part 7, Division 3 for the release of the property.\n(2) The application must be made within 28 days after the person\nbecame aware, or can reasonably be expected to have become\naware, that the property has been forfeited.\n","sortOrder":118},{"sectionNumber":"120","sectionType":"section","heading":"Parties to proceedings","content":"120 Parties to proceedings\nThe Territory is a party to proceedings on an application under\nsection 119.\n\nCriminal Property Forfeiture Act 2002 66\n","sortOrder":119},{"sectionNumber":"121","sectionType":"section","heading":"Order to release forfeited property","content":"121 Order to release forfeited property\n(1) The court that is hearing an application under section 119 may\norder the release of any property if the applicant establishes that:\n(a) immediately before the property was forfeited, the applicant\nwas the owner of the property or was one of 2 or more owners\nof the property; and\n(b) the property was not effectively controlled by a person who\nmade criminal use of the property or who wholly or partly\nderived or realised the property, directly or indirectly, from the\ncommission of a forfeiture offence; and\n(c) the applicant was not aware and could not reasonably be\nexpected to have become aware, until after the property was\nforfeited, that the property was liable to forfeiture under Part 7,\nDivision 3; and\n(d) the applicant is an innocent party in relation to the property;\nand\n(e) each other owner (if there are more than one) is an innocent\nparty in relation to the property.\n(2) If a court orders the release of property under this section:\n(a) if the property is money – the money is to be paid to the\napplicant; and\n(b) if the property is not money and has not been disposed of –\nthe property is to be given to the applicant; and\n(c) if the property is not money and has been sold – the proceeds\nof the sale are to be paid to the applicant.\n(3) If the applicant fails to establish for subsection (1) that each other\nowner is an innocent party, the court may order the release of the\napplicant's share of the property.\n(4) In an order under subsection (3), the court must specify:\n(a) the proportion that it finds to be the applicant's share of the\n\n","sortOrder":120},{"sectionNumber":"Div 1","sectionType":"division","heading":"Registration of Territory orders in other jurisdictions","content":"Division 1 Registration of Territory orders in other jurisdictions\nCriminal Property Forfeiture Act 2002 67\n(5) If the court makes an order under subsection (3), the applicant is to\nreceive:\n(a) if the property is money – the applicant's share of the money;\nand\n(b) if the property is not money, has not been disposed of and is\ndivisible – the applicant's share of the property; and\n(c) if the property is not money and is not divisible or has been\ndisposed of – the amount of money that represents the\napplicant's share of the proceeds from the sale of the property\n(when sold).\n(6) If the applicant is entitled to the release of a share of forfeited\nproperty that is not money, is not divisible and has not been\ndisposed of, the court may order that the property is to be given to\nthe applicant if the court also orders that the applicant pay to the\nTerritory the value of the share of the property that the court finds is\nattributable to the owner or owners who are not innocent parties.\n(7) If a court makes an order under this section, the court may make\nany necessary or convenient ancillary orders.\nPart 10 Mutual recognition of restraining orders and\nforfeiture orders\nDivision 1 Registration of Territory orders in other\njurisdictions\n122 Interstate registration of restraining orders\n(1) If a corresponding law of a State or another Territory of the\nCommonwealth provides for the registration and enforcement in the\nState or Territory of a restraining order, forfeiture order or other\norder under this Act, the order may be expressed to apply to\nproperty in the State or Territory.\n(2) An order expressed in accordance with subsection (1) to apply to\nproperty in a State or another Territory of the Commonwealth may\nbe registered under the law of that State or Territory.\n(3) An order registered in accordance with subsection (2) has effect in\nthe State or Territory to the extent provided by the law of the State\nor Territory.\n\nCriminal Property Forfeiture Act 2002 68\n(4) If the property to which an order relates is movable property, the\norder has effect in the State or Territory to the extent that:\n(a) the property was located in the State or Territory when the\norder was registered; and\n(b) the property:\n(i) remains located in the State or Territory; or\n(ii) having been moved from the State or Territory – is once\nagain located in the State or Territory.\n","sortOrder":121},{"sectionNumber":"123","sectionType":"section","heading":"Registration of interstate restraining order","content":"123 Registration of interstate restraining order\n(1) If an interstate restraining order expressly applies to property that is\nin the Territory, the order may be registered under this Act.\n(2) An interstate restraining order is registered under this Act when a\ncopy of the order, sealed by the court that made the order, is\nregistered in accordance with the rules of the Supreme Court.\n(3) Any amendments made to an interstate restraining order may be\nregistered in the same way, whether the amendments were made\nbefore or after the registration of the original order, but the\namendments are of no effect until they are registered.\n(4) An application for registration may be made by the applicant in\nrelation to the interstate order or amendments, by the DPP, or by\nany person affected by the order or amendments.\n(5) If an interstate restraining order that relates to land in the Territory\n(or an amendment to such an order) is registered under this\nsection:\n(a) the applicant for registration must lodge an instrument,\ntogether with a copy of the interstate restraining order or\namendment, with the Registrar-General; and\n(b) the instrument has effect as a memorandum mentioned in\nsection 35 of the Land Title Act 2000 and is taken to be lodged\nby the appropriate Minister; and\n(c) the registered interstate restraining order or amendment takes\neffect in relation to the land when the instrument is registered\nunder the Land Title Act 2000 and the Registrar-General\nenters a statutory restrictions notice in the land register.\n\nCriminal Property Forfeiture Act 2002 69\n(6) If an interstate restraining order that relates to property in the\nTerritory that is registrable under an Act other than the Land Title\nAct 2000 (or an amendment of such an order) is registered under\nthis section:\n(a) the applicant for registration of the order or amendment; or\nmust lodge with the appropriate registrar a notice giving particulars\nof the forfeiture and a copy of the order or amendment.\n","sortOrder":122},{"sectionNumber":"124","sectionType":"section","heading":"Effect of registration of interstate restraining order","content":"124 Effect of registration of interstate restraining order\n(1) A registered interstate restraining order may be enforced in the\nTerritory as if the order had been made under section 43 or 44.\n(2) This Act (except sections 41 and 47) applies to a registered\ninterstate restraining order as if the order had been made under\nsection 43 or 44.\n","sortOrder":123},{"sectionNumber":"125","sectionType":"section","heading":"Duration of registration of interstate restraining order","content":"125 Duration of registration of interstate restraining order\nA registered interstate restraining order is enforceable in the\nTerritory under this Act unless its registration is cancelled under\nsection 126, despite that the order has already ceased to be in\nforce under the law of the State or Territory under which the order\nwas made.\n","sortOrder":124},{"sectionNumber":"126","sectionType":"section","heading":"Cancellation of registration of interstate restraining order","content":"126 Cancellation of registration of interstate restraining order\n(1) The Supreme Court may cancel the registration of an interstate\n(a) registration was improperly obtained; or\n(b) the order ceases to be in force under the law of the\nCommonwealth, or of the State or Territory, under which the\norder was made.\n(2) An application for the cancellation of the registration may be made\nby the person who applied for the registration, by the DPP, or by a\nperson affected by the order.\n\nCriminal Property Forfeiture Act 2002 70\n(3) If the registration of an interstate restraining order is cancelled\nunder subsection (1) and the order relates wholly or in part to land:\n(a) the applicant in relation to the cancellation must lodge an\ninstrument with the Registrar-General advising that the\nregistration order has been cancelled; and\n(b) the restraining order only ceases to have effect in relation to\nthe land when the instrument mentioned in paragraph (a) is\nregistered under the Land Title Act 2000 and the statutory\nrestrictions notice is removed from the land register.\n","sortOrder":125},{"sectionNumber":"127","sectionType":"section","heading":"Registration of interstate forfeiture order","content":"127 Registration of interstate forfeiture order\n(1) If an interstate forfeiture order expressly applies to property that is\nin the Territory, the order may be registered under this Act.\n(2) An interstate forfeiture order is registered under this Act when a\ncopy of the order, sealed by the court that made the order, is\nregistered in accordance with the rules of the Supreme Court.\n(3) Any amendments made to an interstate forfeiture order may be\nregistered in the same way, whether the amendments were made\nbefore or after the registration of the original order, but the\namendments are of no effect until they are registered.\n(4) An application for registration may be made by the applicant in\nrelation to the interstate order or amendments, by the DPP, or by\nany person affected by the order or amendments.\n(5) If an interstate forfeiture order that relates to land in the Territory (or\nan amendment to such an order) is registered under this section:\n(a) the applicant for registration of the interstate order or\namendment; or\nmust lodge an instrument to that effect, together with a copy of the\ninterstate forfeiture order or amended order, with the Registrar-\nGeneral.\n\nCriminal Property Forfeiture Act 2002 71\n(6) If an interstate forfeiture order that relates to property in the\nTerritory that is registrable under an Act other than the Land Title\nAct 2000 (or an amendment of such an order) is registered under\nthis section:\n(a) the applicant for registration of the order or amendment; or\nmust lodge with the appropriate registrar a notice giving particulars\nof the forfeiture and a copy of the order or amendment.\n","sortOrder":126},{"sectionNumber":"128","sectionType":"section","heading":"Effect of registration of interstate forfeiture orders","content":"128 Effect of registration of interstate forfeiture orders\n(1) A registered interstate forfeiture order may be enforced in the\nTerritory as if the property to which it relates had been forfeited\nunder Part 7, Division 3.\n(2) If a registered interstate forfeiture order is enforced in the Territory\nunder this Act, the forfeited property vests in the Territory.\n(3) Property cannot vest in the Territory under subsection (2) if the\nproperty subject to the registered interstate forfeiture order has\nalready vested in the Commonwealth, a State or another Territory,\nor in some other person or entity.\n","sortOrder":127},{"sectionNumber":"129","sectionType":"section","heading":"Duration of registration of interstate forfeiture order","content":"129 Duration of registration of interstate forfeiture order\nA registered interstate forfeiture order is enforceable in the Territory\nunder this Act unless its registration is cancelled under section 130,\ndespite that the order has already ceased to be in force under the\nlaw of the Commonwealth, or of the State or Territory, under which\nthe order was made.\n","sortOrder":128},{"sectionNumber":"130","sectionType":"section","heading":"Cancellation of registration of interstate forfeiture order","content":"130 Cancellation of registration of interstate forfeiture order\n(1) The Supreme Court may cancel the registration of an interstate\nforfeiture order if:\n(a) registration was improperly obtained; or\n(b) the order ceases to be in force under the law of the\nCommonwealth, or of the State or Territory, under which the\norder was made.\n(2) An application for the cancellation of the registration may be made\nby the person who applied for the registration, by the DPP, or by a\nperson affected by the order.\n\nCriminal Property Forfeiture Act 2002 72\n(3) If the registration of an interstate forfeiture order is cancelled under\nsubsection (1) and the order relates wholly or in part to land:\n(a) the applicant in relation to the cancellation must lodge an\ninstrument with the Registrar-General advising that the\nregistration of the order has been cancelled; and\n(b) the forfeiture order only ceases to have effect in relation to the\nland when the instrument mentioned in paragraph (a) is\nregistered under the Land Title Act 2000 and the Registrar-\nGeneral has made the appropriate amendments to the land\nregister.\n","sortOrder":129},{"sectionNumber":"Part 10A","sectionType":"part","heading":"National cooperative scheme on unexplained","content":"Part 10A National cooperative scheme on unexplained\nwealth\n","sortOrder":130},{"sectionNumber":"130A","sectionType":"section","heading":"Definitions","content":"130A Definitions\nIn this Part:\nCJC means the Cooperating Jurisdiction Committee established\nunder the Intergovernmental Agreement and consisting of\nrepresentatives from each participating jurisdiction.\nCJC subcommittee, see section 130H(1)(b).\nconfiscation includes forfeiture.\ncontributing jurisdiction means any of the following that make a\ncontribution for the purposes of the NCS:\n(a) the Commonwealth;\n(b) a participating State;\n(c) a cooperating State;\n(d) the Australian Capital Territory.\ncontribution, for the NCS, see section 130B.\ncooperating State, see section 14F of the Proceeds of Crime\n\nCriminal Property Forfeiture Act 2002 73\ncorresponding law means a law of the Territory that is declared by\nthe Proceeds of Crime Regulations 2019 (Cth) to be a law that\ncorresponds to the Proceeds of Crime Act 2002 (Cth).\ncorresponding proceeds, for the NCS, means an amount that:\n(a) is paid to the Territory under a corresponding law; and\n(b) corresponds to, or is similar to, an amount that is proceeds of\nconfiscated assets under the Proceeds of Crime Act 2002\n(Cth) and is paid in relation to a relevant application or a\nrelevant order.\ndecision-making period means the 6 month period after the\nTerritory notifies the CJC of a matter mentioned in section 130G.\nforeign jurisdiction means a jurisdiction outside Australia.\nforfeiting jurisdiction, for the NCS, means the jurisdiction that:\n(a) obtains a final order in relation to proceeds of confiscated\nassets under the Proceeds of Crime Act 2002 (Cth) or\ncorresponding proceeds of a State or Territory; or\n(b) enters into a negotiated settlement, or receives any other\namount, in relation to proceeds mentioned in paragraph (a).\nforfeiture action means a proceeding in relation to a relevant\napplication or a relevant order.\nforfeiture proceeds means proceeds arising from a forfeiture\naction that are paid or payable to the Territory under a relevant\norder.\nIntergovernmental Agreement means the Intergovernmental\nAgreement on the National Cooperative Scheme on Unexplained\nWealth, as in force from time to time.\nNCS means the National Cooperative Scheme on Unexplained\nWealth established by the Intergovernmental Agreement and\nentered into by the Territory on 7 December 2018.\nNCS threshold means:\n(a) $100 000; or\n(b) if another amount is prescribed by regulation – that other\namount.\n\nCriminal Property Forfeiture Act 2002 74\nparticipating jurisdiction means the following:\n(a) the Territory;\n(b) a participating State;\n(c) the Australian Capital Territory.\nparticipating State, see section 14C of the Proceeds of Crime\npayment period, for the NCS, means 6 months from the date of\nrealisation of the assets in their entirety, or when the maximum\namount likely to be realised from a final order or negotiated\nsettlement has been realised, whichever is the later.\nrelevant application means:\n(a) an application for a declaration under section 36A of the\nMisuse of Drugs Act 1990 that a person is a drug trafficker; or\n(b) an application prescribed by regulation for this definition.\nrelevant order, see section 130C.\nshareable proceeds, see section 130D.\nunexplained wealth means property or wealth that might not have\nbeen lawfully acquired.\n","sortOrder":131},{"sectionNumber":"130B","sectionType":"section","heading":"Making a contribution for the NCS","content":"130B Making a contribution for the NCS\nA jurisdiction is taken to make a contribution for the NCS in the\nfollowing circumstances:\n(a) the jurisdiction has made a contribution including but not\nlimited to:\n(i) the provision of specific intelligence of relevance to the\nconfiscation action, investigation action, a criminal or\ncivil proceeding, restraining assets for the purposes of\nan application, holding and managing restrained assets\nor recovering the debt created by the order; or\n(ii) securing, or contributing to the securing of, a conviction\nthat can be considered to have contributed to the\nconfiscation action and the recovery of proceeds;\n\nCriminal Property Forfeiture Act 2002 75\n(b) the Commonwealth has relied on an offence of that jurisdiction\nin an unexplained wealth matter (whether or not it has also\nrelied on a Commonwealth offence or an offence of another\njurisdiction).\n","sortOrder":132},{"sectionNumber":"130C","sectionType":"section","heading":"Meaning of relevant order","content":"130C Meaning of relevant order\nA relevant order is any of the following:\n(a) a restraining order under section 44(1)(b)(ii);\n(b) a declaration of forfeiture under section 94;\n(c) a forfeiture order under section 97 or 100;\n(d) an order prescribed by regulation for this section.\n","sortOrder":133},{"sectionNumber":"130D","sectionType":"section","heading":"Meaning of shareable proceeds","content":"130D Meaning of shareable proceeds\nForfeiture proceeds are shareable proceeds for the NCS if:\n(a) the proceeds are:\n(i) for the Commonwealth – proceeds of confiscated assets\nunder the Proceeds of Crime Act 2002 (Cth) paid to the\nCommonwealth in relation to an order or a proceeding of\nthe kind described in Appendix B of the\nIntergovernmental Agreement; or\n(b) for non-Commonwealth parties – corresponding\nproceeds of a State or Territory; and\n(b) the amount specified in the relevant application or relevant\norder, as part of a negotiated settlement, or that is otherwise\nforfeited under a corresponding law, exceeds the NCS\nthreshold (whether or not the full amount is realised).\nNote for section 130D\nIf the full amount mentioned in paragraph (b) is not realised, and the amount\nrealised is less than or equal to the NCS threshold, the proceeds are still\nshareable.\n","sortOrder":134},{"sectionNumber":"130E","sectionType":"section","heading":"Application of Part","content":"130E Application of Part\nThis Part applies if:\n(a) a relevant application is made and the amount of shareable\nproceeds involved exceeds the NCS threshold; or\n\nCriminal Property Forfeiture Act 2002 76\n(b) a court makes a relevant order and the amount of shareable\nproceeds involved exceeds the NCS threshold; or\n(c) a payment is made to the Territory in relation to a relevant\napplication mentioned in paragraph (a) or a relevant order\nmentioned in paragraph (b).\n","sortOrder":135},{"sectionNumber":"130F","sectionType":"section","heading":"Territory representative on CJC","content":"130F Territory representative on CJC\nThe Commissioner of Police may from time to time nominate a\nperson to be the Territory representative on the CJC.\n","sortOrder":136},{"sectionNumber":"130G","sectionType":"section","heading":"Territory to notify CJC","content":"130G Territory to notify CJC\n(1) The Territory must notify the CJC when:\n(a) a relevant application is made and the amount involved\nexceeds the NCS threshold; or\n(b) a court makes a relevant order and the amount involved\nexceeds the NCS threshold; or\n(c) shareable proceeds are received by the Territory in relation to\na relevant application mentioned in paragraph (a) or a relevant\norder mentioned in paragraph (b), whether or not the realised\nshareable proceeds exceed the NCS threshold.\n(2) The notice must:\n(a) be in writing; and\n(b) be given within 60 days after the application or order is made\nor shareable proceeds are received; and\n(c) provide sufficient information to allow participating jurisdictions\nto identify whether they may have contributed to the\napplication or order.\nExamples for subsection (2)(c)\nThe name of the person against whom a proceeding was brought, the name of\nthe person from whom money was recovered, the name of the police operation,\nthe amount of money recovered, any known contribution by a participating\n\nCriminal Property Forfeiture Act 2002 77\n(3) Despite subsection (1), the Territory need not notify the CJC in the\nfollowing circumstances:\n(a) the Commissioner of Police determines that the matter is not,\nand will not become, a cross-jurisdictional matter;\n(b) the Commissioner of Police is satisfied that the matter will not\ngive rise to operational inconsistencies with another\n(4) In addition, the Territory must notify the CJC within 30 days after\nany of the following happens:\n(a) a CJC subcommittee decides that a non-cooperating State\nmade a contribution in relation to a matter and what (if any)\nproportion of realised shareable proceeds is to be paid to that\njurisdiction;\n(b) a CJC subcommittee decides to alter the presumption of equal\nshares and, if so, what (if any) proportion of realised shareable\nproceeds is to be paid to each jurisdiction involved;\n(c) the shareable proceeds are realised in their entirety, or a\nmaximum amount from a final order, negotiated settlement or\nother forfeiture has been realised;\n(d) the Territory:\n(i) receives payment of funds as shareable proceeds from a\nforfeiting jurisdiction; or\n(ii) makes payment of shareable proceeds to a contributing\n","sortOrder":137},{"sectionNumber":"130H","sectionType":"section","heading":"CJC subcommittee","content":"130H CJC subcommittee\n(1) Within the decision-making period after the Territory notifies the\nCJC of a matter in accordance with section 130G(1), the CJC must:\n(a) determine whether the Commonwealth, a participating\njurisdiction or a cooperating State made a contribution in\nrelation to the forfeiture action; and\n(b) form a CJC subcommittee comprising the Territory\nrepresentative on the CJC and a representative of each\njurisdiction determined by the CJC to have made a\ncontribution as mentioned is paragraph (a).\n(2) A determination mentioned in subsection (1) must be unanimous.\n\nCriminal Property Forfeiture Act 2002 78\n","sortOrder":138},{"sectionNumber":"130J","sectionType":"section","heading":"Sharing among contributing jurisdictions","content":"130J Sharing among contributing jurisdictions\n(1) There is a presumption that each contributing jurisdiction and the\nforfeiting jurisdiction share the net realised proceeds of a forfeiture\naction in equal proportions.\n(2) However, the CJC subcommittee must, within the decision-making\nperiod, determine whether the presumed proportions mentioned in\nsubsection (1) are appropriate in each forfeiture action and, if not,\nwhat are the appropriate proportions of each share.\n(3) A determination mentioned in subsection (2) must be unanimous.\n(4) If a unanimous determination is not achieved, the presumption of\nsharing in equal proportions prevails.\n(5) In this section:\nnet realised proceeds means the remainder of the realised\nproceeds after payments in accordance with sections 130K and\n130L are taken into account.\n","sortOrder":139},{"sectionNumber":"130K","sectionType":"section","heading":"Contribution by certain other jurisdictions","content":"130K Contribution by certain other jurisdictions\n(1) The CJC subcommittee must, within the decision-making period,\ndetermine whether a non-participating non-cooperating jurisdiction\nhas made a contribution in relation to the forfeiture action for which\nthe subcommittee was formed.\n(2) A determination mentioned in subsection (1) must be unanimous.\n(3) If a unanimous determination is not achieved in relation to a\njurisdiction, that jurisdiction is taken not to have made a contribution\nin relation to that forfeiture action.\n(4) If the subcommittee determines that a non-participating\nnon-cooperating jurisdiction has made a contribution in relation to\nthe forfeiture action, the subcommittee must determine the\nappropriate proportion of the shareable proceeds that is payable to\nthe jurisdiction.\nNote for subsection (4)\nThe Territory must notify the CJC of the subcommittee's determinations within\n30 days after the determination is made – see section 130G(4)(a).\n\nCriminal Property Forfeiture Act 2002 79\n(5) The Commissioner of Police must notify the Minister of the\nsubcommittee's determination as soon as practicable after the\ndetermination is made.\n(6) In this section:\nnon-participating non-cooperating jurisdiction means a State\nthat:\n(a) is not a participating State; and\n(b) is not a cooperating State.\n","sortOrder":140},{"sectionNumber":"130L","sectionType":"section","heading":"Contribution by foreign jurisdiction","content":"130L Contribution by foreign jurisdiction\n(1) The Commissioner of Police must, within the decision-making\nperiod:\n(a) advise the Minister if, in the Commissioner's opinion, a foreign\njurisdiction may have made a contribution in relation to a\nforfeiture action; and\n(b) provide the Minister with the information necessary for the\nMinister to make a determination under subsection (2).\n(2) If the Minister receives advice in accordance with subsection (1),\nthe Minister must determine whether the foreign jurisdiction has\nmade a contribution in relation to the forfeiture action and, if so, the\nappropriate proportion of the shareable proceeds that is payable to\nthe foreign jurisdiction.\n(3) The Minister must give the Commissioner of Police written notice of\na determination under subsection (2).\n(4) The Commissioner of Police must advise the CJC of the Minister's\ndetermination.\n","sortOrder":141},{"sectionNumber":"130M","sectionType":"section","heading":"Proportions may be determined before proceeds realised","content":"130M Proportions may be determined before proceeds realised\nBoth the CJC subcommittee and the Minister may make\ndeterminations under this Division in relation to the proportions of\nforfeiture proceeds to be shared by jurisdictions whether or not the\nforfeiture proceeds have been fully realised.\n\nCriminal Property Forfeiture Act 2002 80\n","sortOrder":142},{"sectionNumber":"130N","sectionType":"section","heading":"Payments out of realised proceeds","content":"130N Payments out of realised proceeds\nWhen forfeiture proceeds are realised, any payments required by\nthis Act are payable before the remaining funds are distributed\nunder this Division.\nNote for section 130N\nThis Act provides for payments out of forfeiture proceeds under sections 103(1),\n115(1), 117, 148(2) and 154(5).\n","sortOrder":143},{"sectionNumber":"130P","sectionType":"section","heading":"Payment to foreign jurisdiction","content":"130P Payment to foreign jurisdiction\n(1) The Minister may pay to a foreign jurisdiction determined under\nsection 130L to have contributed to the forfeiture action the amount\nequal to the percentage of realised proceeds as determined under\nthat section.\n(2) If the forfeiture proceeds are to be shared with a contributing\njurisdiction as well as a foreign jurisdiction, the payment under\nsubsection (1) must be made at the same time as the payment to\nthe contributing jurisdiction.\n(3) If the forfeiture proceeds are not to be shared with a contributing\njurisdiction as well as a foreign jurisdiction, the payment under\nsubsection (1) must be made to the foreign jurisdiction before the\nend of the payment period.\n","sortOrder":144},{"sectionNumber":"130Q","sectionType":"section","heading":"Payment to other jurisdictions","content":"130Q Payment to other jurisdictions\nThe Minister must ensure that an amount payable to the\nCommonwealth, a State or another Territory under this Part is paid\nbefore the end of the payment period.\n","sortOrder":145},{"sectionNumber":"130R","sectionType":"section","heading":"Payment to Commonwealth if agreement terminates","content":"130R Payment to Commonwealth if agreement terminates\n(1) This section applies if:\n(a) a forfeiture action has started; and\n(b) shareable proceeds have not been distributed; and\n(c) the Intergovernmental Agreement comes to an end or the\nTerritory ceases to be a participating jurisdiction.\n\nCriminal Property Forfeiture Act 2002 81\n(2) Any amount of shareable proceeds that would have been payable\nunder this Part to the Commonwealth had the circumstance\nmentioned in subsection (1)(c) not occurred must still be paid as if\nthe circumstance had not occurred.\n","sortOrder":146},{"sectionNumber":"Div 5","sectionType":"division","heading":"Record keeping","content":"Division 5 Record keeping\n","sortOrder":147},{"sectionNumber":"130S","sectionType":"section","heading":"Commissioner of Police to keep records","content":"130S Commissioner of Police to keep records\n(1) The Commissioner of Police must keep records of actions taken\nunder the NCS, including records of the following:\n(a) the date a forfeiture action commenced and identifying details\nof the matter such as:\n(i) the names of the parties involved; and\n(ii) the name of a police operation related to the forfeiture\naction; and\n(iii) other details considered relevant by the Commissioner;\n(b) the date of restraint of property and a good faith estimate of\nthe value of the restrained property;\n(c) the date of any final order, negotiated settlement, or other\nforfeiture and the relevant value;\n(d) the jurisdictions determined by the CJC to have made a\ncontribution to the action;\n(e) the date and amount of distribution of forfeiture proceeds,\nincluding payments to foreign jurisdictions, court-ordered\npayments and other orders authorised by this Act or the\nProceeds of Crime Act 2002 (Cth).\n(2) The Commissioner of Police must retain the records as long as\nnecessary to comply with the reporting requirements of the NCS.\n","sortOrder":148},{"sectionNumber":"130T","sectionType":"section","heading":"Commissioner of Police to report","content":"130T Commissioner of Police to report\n(1) The Commissioner of Police must provide, as soon as practicable\nafter 30 June of each year, a report to the Minister and to the\nAttorney-General, identifying the use (if any) by Territory Police of\nthe investigative powers under the participating jurisdiction\ninformation gathering provisions under the NCS.\n\nCriminal Property Forfeiture Act 2002 82\n(2) The report must include the number of times the powers mentioned\nin subsection (1) were exercised.\n(3) The Minister must, as soon as practicable after receiving the report,\nprovide a copy to the responsible Commonwealth Minister.\n(4) In this section:\nparticipating jurisdiction information gathering provisions\nmeans the provisions of Schedule 1 to the Proceeds of Crime\nTerritory Police means the Police Force of the Northern Territory\nestablished by section 5(1) of the Police Administration Act 1978.\n","sortOrder":149},{"sectionNumber":"131","sectionType":"section","heading":"Registration of interest in land","content":"131 Registration of interest in land\n(1) If, in accordance with this Act, an instrument relating to land is\nlodged with the Registrar-General, the Registrar-General must\nregister the instrument under the Land Title Act 2000.\n(2) When an instrument of:\n(a) the transfer of land in accordance with section 88 is lodged; or\n(b) the forfeiture of land, together with a copy of the forfeiture\norder, is lodged under section 102(1); or\n(c) the forfeiture of land under a registered interstate forfeiture\norder, together with a copy of the interstate order, is lodged\nunder section 123(5);\nin addition to registering the instrument the Registrar-General must:\n(d) register the Territory as the proprietor of the property; and\n(e) endorse the land register in relation to the land to the effect\nthat, when the instrument was registered the property ceased\nto be subject to or affected by any interests recorded in the\nregister, including caveats, mortgages, charges, obligations\nand estates but not including rights-of-way, easements and\nrestrictive covenants, to which it was subject or by which it\nwas affected immediately before the registration of the\ninstrument.\n\nCriminal Property Forfeiture Act 2002 83\n(3) To the extent that a provision of this Act relating to land is\ninconsistent with the Land Title Act 2000, the provision of this Act\nprevails, but this Act does not otherwise affect the operation of the\nLand Title Act 2000 in relation to land dealt with under this Act.\n(4) This Act does not prevent:\n(a) a person from lodging with the Registrar-General:\n(i) a caveat relating to land subject to a restraining order; or\n(ii) an instrument relating to a dealing or purported dealing\nin land that is subject to a restraining order at the time\nthat the instrument is lodged; or\n(iii) an instrument relating to a dealing or purported dealing\nin land that was subject to a restraining order at the time\nthat the dealing or purported dealing was carried out; or\n(b) the Registrar-General from:\n(i) giving notice to a person that a caveat has been lodged\nin relation to land that is subject to a restraining order; or\n(ii) accepting an instrument relating to a dealing or\npurported dealing in land that is subject to a restraining\norder at the time that the instrument is lodged; or\n(iii) accepting an instrument of a dealing or purported\ndealing in land that was subject to a restraining order at\nthe time that the dealing or purported dealing was\ncarried out;\nbut the Registrar-General must not register an instrument in the\nland register in relation to land while the land is subject to a\nregistered restraining order.\n","sortOrder":150},{"sectionNumber":"132","sectionType":"section","heading":"Registration of interests in other property","content":"132 Registration of interests in other property\nIf a registrar of property registered under an Act other than the Land\nTitle Act 2000 is notified in accordance with this Act that a\nrestraining order for the property has been made or has ceased to\nbe in force or that the property has been forfeited, the registrar must\nenter the relevant particulars in the register.\n\nCriminal Property Forfeiture Act 2002 84\n","sortOrder":151},{"sectionNumber":"133","sectionType":"section","heading":"Imputation of knowledge that property is restrained","content":"133 Imputation of knowledge that property is restrained\n(1) If an instrument relating to the making of a restraining order in\nrelation to land has been registered under section 131(1), any\nperson who deals with the land while the restraining order is in\nforce is taken to have notice, for all purposes, that it is in force.\n(2) If particulars of a restraining order for property other than land have\nbeen entered in an appropriate register under section 132, any\nperson who deals with the property while the restraining order is in\nforce is taken to have notice, for all purposes, that it is in force.\n","sortOrder":152},{"sectionNumber":"134","sectionType":"section","heading":"Instruments lodged with Registrar-General","content":"134 Instruments lodged with Registrar-General\nAn instrument lodged with the Registrar-General under or for this\nAct must be in a form approved by the Registrar-General.\n","sortOrder":153},{"sectionNumber":"135","sectionType":"section","heading":"Courts' jurisdiction","content":"135 Courts' jurisdiction\n(1) The Supreme Court has jurisdiction in any proceedings under this\nAct.\n(2) The Local Court has jurisdiction in any proceedings under this Act\nin connection with property if:\n(a) the property is not land; and\n(b) the value of the property is not more than the jurisdictional\nlimit of the Local Court.\n(3) Despite subsection (2), the Local Court has no jurisdiction in\nproceedings for an unexplained wealth declaration or an\nexamination order.\n(4) A declaration, order, finding or decision of a court under this Act in\nrelation to property is not invalid only because the value of the\nproperty exceeds the maximum permitted to be dealt with by the\ncourt under this section.\n(5) This section does not affect the jurisdiction of a court in criminal\nproceedings under this Act.\n","sortOrder":154},{"sectionNumber":"136","sectionType":"section","heading":"Proceedings","content":"136 Proceedings\n(1) Proceedings on an application under this Act are taken to be civil\nproceedings for all purposes.\n\nCriminal Property Forfeiture Act 2002 85\n(2) Except in relation to an offence under this Act:\n(a) a rule of construction that is applicable only in relation to the\ncriminal law does not apply in the interpretation of this Act;\nand\n(b) the rules of evidence applicable in civil proceedings apply in\nproceedings under this Act; and\n(c) the rules of evidence applicable only in criminal proceedings\ndo not apply in proceedings under this Act; and\n(d) a question of fact to be decided by a court in proceedings on\nan application under this Act is to be decided on the balance\nof probabilities.\n","sortOrder":155},{"sectionNumber":"137","sectionType":"section","heading":"Appearance by Attorney-General","content":"137 Appearance by Attorney-General\nThe Attorney-General may appear in any proceedings under this\nAct in which the Territory has an interest, whether or not the DPP is\nalso a party to the proceedings.\n","sortOrder":156},{"sectionNumber":"138","sectionType":"section","heading":"Stay or adjournment of proceedings","content":"138 Stay or adjournment of proceedings\nProceedings for an order or declaration under this Act are not to be\nstayed or adjourned when awaiting the outcome of any criminal\nproceedings that have commenced or are to commence involving a\nperson whose property is or may be affected by the proceedings\nunder this Act.\n","sortOrder":157},{"sectionNumber":"139","sectionType":"section","heading":"Opinion evidence","content":"139 Opinion evidence\n(1) For making an unexplained wealth declaration or a criminal benefits\ndeclaration, despite any other Act or any practice relating to\nhearsay evidence, a court may receive evidence of the opinion of a\nperson who is experienced in the relevant field of speciality or in the\ninvestigation of illegal activities involving prohibited plants or\ndangerous drugs about:\n(a) the market value at a particular time of a particular kind of\nprohibited plant or dangerous drug; or\n(b) the amount, or range of amounts, ordinarily paid at a particular\ntime for doing anything in relation to a particular kind of\nprohibited plant or dangerous drug; or\n(c) the relative quality of plant material; or\n(d) any other matter on which the court may require guidance.\n\nCriminal Property Forfeiture Act 2002 86\n(2) For subsection (1), persons who are experienced in the matters\nmentioned in that subsection include:\n(a) a police officer; and\n(b) a member of the Australian Federal Police or the Australian\nCrime Commission; and\n(c) an officer of Customs as defined in section 4(1) of the\nCustoms Act 1901 (Cth); and\n(d) the DPP; and\n(e) a botanist or other plant specialist; and\n(f) a person who uses a particular type of drug or grows a\nparticular type of plant.\n","sortOrder":158},{"sectionNumber":"140","sectionType":"section","heading":"Evidence that property is crime-used or crime-derived","content":"140 Evidence that property is crime-used or crime-derived\nA finding that particular property is crime-used or crime-derived, or\nthat there are reasonable grounds for suspecting that it is crime-\nused or crime-derived, and any decision, declaration or order based\non such a finding:\n(a) need not be based on a finding as to the commission of a\nparticular forfeiture offence, but may be based on a general\nfinding that a forfeiture offence has been committed; and\n(b) may be made whether or not any person has been charged\nwith or convicted of the relevant forfeiture offence; and\n(c) may be made whether or not any person who owns or\neffectively controls the property in question has been\nidentified.\n","sortOrder":159},{"sectionNumber":"141","sectionType":"section","heading":"Evidence of offence proceedings","content":"141 Evidence of offence proceedings\nIn any proceedings under this Act in relation to property:\n(a) if a person has been convicted of the relevant forfeiture\noffence, the court may have regard to any or all of the\nfollowing:\n(i) a transcript of the evidence given in any proceedings for\nthe offence;\n(ii) the sentencing transcript;\n(iii) any statement, deposition, exhibit or other material\nbefore a court in any proceedings for the offence;\n\nCriminal Property Forfeiture Act 2002 87\n(iv) a copy of any statement relating to the offence that was\nserved on the person; or\n(b) if a person is taken to have been convicted of the relevant\nforfeiture offence because the person absconded, the court\nmay have regard to a copy of any statement relating to the\noffence that was served on the person or that would have\nbeen served on the person but for the absconding.\n","sortOrder":160},{"sectionNumber":"142","sectionType":"section","heading":"Transcripts of examinations","content":"142 Transcripts of examinations\nFor section 21(7), the transcript of an examination of a person\nunder an examination order is admissible in any proceedings under\nthis Act or under any other law in force in the Territory as evidence\nof a statement or disclosure made by the person in the course of\ncomplying with the examination order.\n","sortOrder":161},{"sectionNumber":"143","sectionType":"section","heading":"Hearsay evidence","content":"143 Hearsay evidence\nA decision under this Act, except under Part 5, about the existence\nof grounds for doing or suspecting anything may be based on\nhearsay evidence or hearsay information.\n","sortOrder":162},{"sectionNumber":"144","sectionType":"section","heading":"Evidence of compliance with production orders","content":"144 Evidence of compliance with production orders\nWhen a person produces a document or makes a document\navailable, under a production order, the production or making\navailable of the document and any information, document or\nanything else acquired as a direct or indirect consequence of\ncomplying with the order is not admissible against the person in\nevidence in any criminal proceedings except proceedings for an\noffence under section 25.\n","sortOrder":163},{"sectionNumber":"145","sectionType":"section","heading":"Certificates under Misuse of Drugs Act 1990","content":"145 Certificates under Misuse of Drugs Act 1990\nIn any proceedings under this Act, a certificate mentioned in\nsection 29 of the Misuse of Drugs Act 1990 is sufficient evidence of\nthe facts stated in the certificate.\n","sortOrder":164},{"sectionNumber":"146","sectionType":"section","heading":"Consent orders","content":"146 Consent orders\nIn any proceedings under this Act, a court may at any time make an\norder that is agreed to by the parties.\n\nCriminal Property Forfeiture Act 2002 88\n","sortOrder":165},{"sectionNumber":"147","sectionType":"section","heading":"Enforcing compliance with Act or court order","content":"147 Enforcing compliance with Act or court order\n(1) If a person fails to take any action necessary to comply with or give\neffect to this Act or an order under this Act:\n(a) at the direction of the Supreme Court or a judge, a Registrar of\nthe Supreme Court may take the necessary action; and\n(b) the action of the Registrar has effect for all purposes as if it\nhad been done by the person.\n(2) The person who failed to take an action is liable to pay any costs\nincurred as a result of the Registrar taking the action under\nsubsection (1) and the costs are recoverable by the Territory as a\ndebt due and payable.\n","sortOrder":166},{"sectionNumber":"148","sectionType":"section","heading":"Public Trustee common fund","content":"148 Public Trustee common fund\n(1) The following are to be paid into a common fund established under\nthe Public Trustee Act 1979 and maintained by the Public Trustee:\n(a) funds that are restrained under this Act and are transferred to\nthe Public Trustee in accordance with section 107;\n(b) income from a business or property managed by the Public\nTrustee in accordance with this Act;\n(c) the proceeds of sale under section 109 or 112 of restrained\nproperty;\n(d) money that, under this Act, is paid to the Territory, recovered\nby the Territory or forfeited;\n(e) proceeds of the disposal of forfeited property;\n(f) income from forfeited property.\n(2) Money that has been paid into a common fund in accordance with\nsubsection (1) may be paid out by the Public Trustee:\n(a) to cover any costs of storing, seizing or managing restrained\nor forfeited property that are incurred by the Public Trustee or\na person appointed under this Act to manage the property; or\n(b) as fees payable to the Public Trustee for the management of\nproperty or performance of functions under this Act; or\n\nCriminal Property Forfeiture Act 2002 89\n(c) under an order of a court as property released from restraint\nor forfeiture; or\n(d) to a bona fide mortgagee or encumbrancee of property sold\nunder this Act; or\n(e) if the money is proceeds from the sale of property under a\nregistered interstate forfeiture order – to the State or Territory\nthat made the interstate order; or\n(f) as a co-owner's share of property forfeited or sold under this\nAct; or\n(g) in any circumstances provided for by the Public Trustee\nAct 1979; or\n(h) to the Territory.\n","sortOrder":167},{"sectionNumber":"149","sectionType":"section","heading":"Exemption from stamp duty","content":"149 Exemption from stamp duty\nAn instrument by which property is transferred to the Territory (or\nagreed to be transferred to or vested in the Territory):\n(a) under section 88; or\n(b) in accordance with a forfeiture order under Part 7, Division 3;\nor\n(c) in accordance with a registered interstate forfeiture order,\nis exempt from stamp duty under the Stamp Duty Act 1978.\n","sortOrder":168},{"sectionNumber":"150","sectionType":"section","heading":"Property protected from seizure and forfeiture","content":"150 Property protected from seizure and forfeiture\n(1) Property of the following kinds is protected from seizure, the\napplication of a restraining order and forfeiture if it is not crime-used\nproperty:\n(a) family photographs;\n(b) family portraits;\n(c) necessary food;\n(d) necessary clothing.\n(2) Property of the following kinds is protected from seizure, the\napplication of a restraining order and forfeiture if it is not crime-used\nproperty or crime-derived property:\n(a) ordinary tools of trade;\n\nCriminal Property Forfeiture Act 2002 90\n(b) professional instruments;\n(c) reference books.\n(3) If the Regulations prescribe an amount for subsection (2), property\nis protected under that subsection only to the extent that the value\nof the property does not exceed the prescribed amount.\n(4) Property that is protected under this section:\n(a) is not to be seized under this Act or under a warrant under this\nAct; and\n(b) is not to be restrained; and\n(c) is not available for the purpose of satisfying a person's liability\nunder section 72, 80 or 86; and\n(d) cannot be forfeited under Part 7, Division 3.\n","sortOrder":169},{"sectionNumber":"151","sectionType":"section","heading":"Transfer of property for value","content":"151 Transfer of property for value\nFor this Act:\n(a) property transferred under a will or administration of an\nintestate estate is not taken to be transferred for value; and\n(b) property transferred in the course of proceedings in the Family\nCourt of Western Australia or the Family Court of Australia is\ntaken to be transferred for value.\n","sortOrder":170},{"sectionNumber":"152","sectionType":"section","heading":"Person must deliver up forfeited property","content":"152 Person must deliver up forfeited property\nA person who fails to:\n(a) deliver up forfeited property to the Territory on demand; or\n(b) permit the Territory to take possession of forfeited property;\ncommits an offence.\n","sortOrder":171},{"sectionNumber":"153","sectionType":"section","heading":"Co-owned property","content":"153 Co-owned property\nIf property is or is to be restrained or forfeited under this Act and the\nrespondent to the relevant order is one of 2 or more co-owners of\nthe property, the court that is hearing the matter must order that the\nwhole of the property is restrained or forfeited unless the property is\ndivisible or it is otherwise practical for the respondent's share only\n\nCriminal Property Forfeiture Act 2002 91\nto be restrained or forfeited and sold.\n","sortOrder":172},{"sectionNumber":"154","sectionType":"section","heading":"Restrained property not available to meet legal costs","content":"154 Restrained property not available to meet legal costs\n(1) Property that is subject to a restraining order under this Act:\n(a) is not to be released to meet the legal expenses of a person,\nwhether the expenses are in relation to proceedings under this\nAct that relate to the forfeiture of the property or criminal\nproceedings; and\n(b) is not to be taken into account for the purposes of an\napplication by the person for Legal Aid.\n(2) If:\n(a) the Northern Territory Legal Aid Commission or another legal\naid organisation provides a person with legal aid in respect of\nproceedings under this Act or criminal proceedings; and\n(b) property of the person that was restrained under this Act is\nreleased:\n(i) in whole; or\n(ii) in part as surplus to an amount forfeited to the Territory\n(and any order for costs);\nthe person is liable to the Commission or other organisation for his\nor her legal costs and the property released is charged as security\nfor those costs.\n(3) A charge under subsection (2):\n(a) is subject to any prior encumbrances on the property that take\npriority; and\n(b) if the property is land – takes effect when the charge is\nregistered under the Land Title Act 2000.\n(4) If:\n(a) legal aid is granted to a person whose property is restrained\nunder this Act; and\n(b) the restrained property is:\n(i) released on grounds of hardship; or\n(ii) forfeited;\n\nCriminal Property Forfeiture Act 2002 92\nthe Commission or other organisation may apply to the Minister for\nreimbursement of the legal costs incurred in providing legal aid to\nthe person.\n(5) On application by the Commission or other organisation, the\nMinister may reimburse the Commission or organisation out of\nfunds realised from the forfeited property, having regard to:\n(a) the value of the property forfeited; and\n(b) the legal costs incurred by the Commission or organisation in\nthe matter; and\n(c) the state of the legal aid fund.\n","sortOrder":173},{"sectionNumber":"155","sectionType":"section","heading":"Liability for carrying out functions under this Act","content":"155 Liability for carrying out functions under this Act\nA person on whom this Act confers a function is not personally\nliable in civil proceedings, and the Territory is not liable, for anything\ndone or any default made by the person in good faith for the\npurpose of carrying this Act into effect.\n","sortOrder":174},{"sectionNumber":"156","sectionType":"section","heading":"Later applications, orders or findings","content":"156 Later applications, orders or findings\nThe fact that an application, order or finding has been made under\nthis Act in relation to any property, person or forfeiture offence does\nnot prevent another application, order or finding, or a different\napplication, order or finding, from being made under this Act in\nrelation to the property, the person or the offence.\n","sortOrder":175},{"sectionNumber":"157","sectionType":"section","heading":"Orders relating to sham transactions","content":"157 Orders relating to sham transactions\n(1) The DPP may apply to the Supreme Court for an order under\nsubsection (2).\n(2) If the court that is hearing an application under subsection (1) is\nsatisfied that a person is carrying out or has carried out a sham\ntransaction, in order to promote justice the court may:\n(a) declare that the transaction is void in whole or in part; or\n(b) by order, vary the operation of the transaction in whole or in\npart.\n(3) If a court makes an order under this section, the court may make\nany ancillary orders that are just in the circumstances for or with\nrespect to any consequential or related matter, including orders\nrelating to:\n(a) dealing with property; and\n\nCriminal Property Forfeiture Act 2002 93\n(b) disposing of any proceeds from the sale of property; and\n(c) making payments of money; and\n(d) creating a charge on property in favour of any person and the\nenforcement of the charge.\n(4) For this Act, a person carries out a sham transaction if he or she\ncarries out, makes, gives or designs:\n(a) any agreement, arrangement, understanding, promise or\nundertaking, whether express or implied and whether or not\nenforceable, or intended to be enforceable, by legal\nproceedings; or\n(b) any scheme, plan, proposal, action, course of action or course\nof conduct;\nfor the purpose of directly or indirectly defeating, avoiding,\npreventing or impeding the operation of this Act in any respect.\n","sortOrder":176},{"sectionNumber":"158","sectionType":"section","heading":"Proceedings against body corporate","content":"158 Proceedings against body corporate\n(1) If a body corporate commits an offence against this Act and it is\nproved that the offence occurred with the knowledge and consent of\nan officer of the body corporate, or a person purporting to act as an\nofficer of the body corporate, that person, as well as the body\ncorporate, commits the offence.\n(2) If the affairs of a body corporate are managed by its members,\nsubsection (1) applies in relation to the acts and defaults of a\nmember in connection with the member's functions of management\nas if the member were an officer of the body corporate.\n(3) If, in proceedings under this Act, it is necessary to establish the\nstate of mind of a body corporate in relation to particular conduct, it\nis sufficient to show that:\n(a) the conduct was engaged in by an officer of the body\ncorporate within the scope of his or her actual or apparent\nauthority; and\n(b) the officer had that state of mind.\n(4) If an officer of a body corporate engages in conduct on behalf of the\nbody corporate within the scope of his or her actual authority, for\nthe purposes of proceedings under this Act, the body corporate is\ntaken also to have engaged in the conduct unless the body\ncorporate establishes that it took reasonable precautions and\nexercised due diligence to avoid the conduct.\n\nCriminal Property Forfeiture Act 2002 94\n","sortOrder":177},{"sectionNumber":"159","sectionType":"section","heading":"Substituted service","content":"159 Substituted service\nIf personal service is specified in any proceedings under this Act,\nthe court that is hearing the matter may on application:\n(a) make an order for substituted service (and stipulate the\nmethod of service); or\n(b) order that service or any notice requirements be dispensed\nwith;\nif the court is satisfied that the person to be served has absconded\nor is avoiding service.\n","sortOrder":178},{"sectionNumber":"160","sectionType":"section","heading":"Charged with offence","content":"160 Charged with offence\nFor this Act, a person is taken to have been charged with an\noffence if a complaint has been made against the person for the\noffence, whether or not:\n(a) a summons requiring the attendance of the person to answer\nthe complaint has been issued; or\n(b) a warrant for the arrest of the person has been issued.\n","sortOrder":179},{"sectionNumber":"161","sectionType":"section","heading":"Conviction of forfeiture offence","content":"161 Conviction of forfeiture offence\n(1) For this Act, a person is taken to have been convicted of a forfeiture\noffence if:\n(a) the person has been charged with and found guilty of a\nforfeiture offence, but a conviction is not recorded; or\n(b) the forfeiture offence was taken into account by a court in\nsentencing the person for another forfeiture offence; or\n(c) the person was charged with a forfeiture offence but\nabsconded before the charge is finally determined.\n(2) For this Act, a person's conviction is taken to have been quashed:\n(a) where the person is taken under subsection (1)(a) to have\nbeen convicted – if the finding of guilt is quashed or set aside;\nor\n(b) where the person is taken under subsection (1)(b) to have\nbeen convicted – if the decision of the court to take the\nforfeiture offence into account is quashed or set aside; or\n\nCriminal Property Forfeiture Act 2002 95\n(c) where the person is taken under subsection (1)(c) to have\nbeen convicted – if the person is brought before a court to\nanswer the charge and the person is discharged in respect of\nthe forfeiture offence.\n","sortOrder":180},{"sectionNumber":"162","sectionType":"section","heading":"Absconding in connection with offence","content":"162 Absconding in connection with offence\nA person charged with an offence absconds in connection with the\noffence if:\n(a) a warrant for the person's arrest for the offence is in force or\nthe person was arrested without warrant either before or after\nthe person was charged with the offence; and\n(b) the charge has neither been disposed of nor finally\ndetermined; and\n(c) at least 6 months have passed since the warrant was issued;\nand\n(d) the person cannot be found.\n","sortOrder":181},{"sectionNumber":"163","sectionType":"section","heading":"Effect of person's death","content":"163 Effect of person's death\n(1) A reference in this Act to property of a person includes a reference\nto the property of a deceased person where the property was\nowned or effectively controlled by the person immediately before\nhis or her death or given away by the person at any time before his\nor her death.\n(2) An order may be applied for and made under this Act:\n(a) in respect of property that is or was owned or effectively\ncontrolled or given away by a person who died before the\napplication or order is made; and\n(b) on the basis of the activities of a person who died before the\napplication or order is made.\n(3) If a person who owns property that is subject to a restraining order\ndies, this Act continues to apply to the property in all respects as if\nthe person had not died, regardless of whether the administrator of\nthe person's estate or any other person in whom the property vests\nas a result of the death is an innocent party in relation to the\n\nCriminal Property Forfeiture Act 2002 96\n(4) Without limiting this section, if a person who is a joint tenant of\nproperty that is subject to a restraining order dies:\n(a) the person's death does not operate to vest the property in the\nsurviving joint tenant or tenants; and\n(b) the restraining order continues to apply to the property as if\nthe person had not died.\n","sortOrder":182},{"sectionNumber":"164","sectionType":"section","heading":"Obstructing member of Police Force","content":"164 Obstructing member of Police Force\n(1) A person commits an offence if the person wilfully delays or\nobstructs a police officer in the performance of the member's\nfunctions under this Act, or wilfully delays or obstructs a person\nassisting a police officer in the performance of those functions.\n(2) A person commits an offence if the person wilfully fails to produce\nany property to, or wilfully conceals or attempts to conceal any\nproperty from, a police officer in the performance of the officer's\nfunctions under this Act or a person assisting a police officer in the\nperformance of those functions.\n","sortOrder":183},{"sectionNumber":"165","sectionType":"section","heading":"Client legal privilege","content":"165 Client legal privilege\nFor the avoidance of doubt, client legal privilege applies in relation\nto proceedings under this Act.\n","sortOrder":184},{"sectionNumber":"166","sectionType":"section","heading":"Regulations","content":"166 Regulations\n(1) The Administrator may make regulations prescribing matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for giving effect to\nthis Act.\n(2) The Regulations may:\n(a) provide for carrying out the destruction of property under an\norder under section 111; and\n(b) provide for carrying out the sale of deteriorating property\nunder an order under section 112; and\n(c) provide for obtaining possession of forfeited property; and\n\n","sortOrder":185},{"sectionNumber":"Part 15","sectionType":"part","heading":"Transitional matters for Criminal Property Forfeiture Amendment Act 2020","content":"Part 15 Transitional matters for Criminal Property Forfeiture Amendment Act 2020\nCriminal Property Forfeiture Act 2002 97\n(d) provide for the storage and management of forfeited property;\nand\n(e) provide for the disposal of forfeited property that has vested in\nthe Territory.\n(3) The Regulations may provide that contravention of a regulation is\nan offence, including a regulatory offence, and prescribe a penalty\nof not more than 500 penalty units.\n","sortOrder":186},{"sectionNumber":"Part 14","sectionType":"part","heading":"Transitional matters for Criminal Property","content":"Part 14 Transitional matters for Criminal Property\nForfeiture Amendment Act 2014\n","sortOrder":187},{"sectionNumber":"167","sectionType":"section","heading":"Application of Criminal Property Forfeiture Amendment","content":"167 Application of Criminal Property Forfeiture Amendment\nAct 2014\n(1) This Act, as amended by the Criminal Property Forfeiture\nAmendment Act 2014, applies only in relation to proceedings under\nthis Act that are commenced after the commencement of this\nsection (the commencement).\n(2) This Act, as in force before the commencement, continues to apply\nin relation to proceedings that were commenced before the\ncommencement.\nPart 15 Transitional matters for Criminal Property\nForfeiture Amendment Act 2020\n","sortOrder":188},{"sectionNumber":"168","sectionType":"section","heading":"Forfeiture action already commenced","content":"168 Forfeiture action already commenced\n(1) This section applies in relation to a forfeiture action that started\nbefore the commencement.\n(2) The provisions of this Act as amended by the amending Act apply\nin relation to a relevant application made, or a relevant order\nobtained, after the commencement.\n(3) The provisions of this Act, as in force immediately before the\ncommencement, continue to apply in relation to a relevant\napplication made, or a relevant order obtained, before the\ncommencement.\n\nPart 15 Transitional matters for Criminal Property Forfeiture Amendment Act 2020\nCriminal Property Forfeiture Act 2002 98\n(4) In this section:\namending Act means the Criminal Property Forfeiture Amendment\nAct 2020.\ncommencement means the commencement of the amending Act.\n\nCriminal Property Forfeiture Act 2002 99\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nCriminal Property Forfeiture Act 2002 (Act No. 34, 2002)\nAssent date 16 July 2002\nCommenced 1 June 2003 (Gaz G21, 28 May 2003, p 2)\nLaw Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (Act No. 1, 2004)\nAssent date 7 January 2004\nCommenced 17 March 2004 (Gaz G11, 17 March 2004, p 8)\nAustralian Crime Commission (Consequential Amendments) Act 2005 (Act No. 7, 2005)\nAssent date 17 March 2005\nCommenced 18 May 2005 (s 2, s 2 Australian Crime Commission Act 2005\n(Act No. 6, 2005) and Gaz G20, 18 May 2005, p 2)\nJustice Legislation Amendment Act (No. 2) 2007 (Act No. 32, 2007)\nAssent date 12 December 2007\nCommenced 8 January 2008 (Gaz S2, 8 January, 2008)\nJustice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (Gaz G24, 16 June 2010, p 2)\nStatute Law Revision Act 2011 (Act No. 30, 2011)\nAssent date 31 August 2011\nCommenced 21 September 2011 (Gaz G38, 21 September 2011, p 5)\nEvidence (National Uniform Legislation) (Consequential Amendments) Act 2012 (Act\nNo. 23, 2012)\nAssent date 21 November 2012\nCommenced 1 January 2013 (Gaz G51, 19 December 2012, p 4)\nCriminal Property Forfeiture Amendment Act 2014 (Act No. 31, 2014)\nAssent date 13 November 2014\nCommenced 26 November 2014 (Gaz S117, 26 November 2014)\n\nCriminal Property Forfeiture Act 2002 100\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nStatute Law Revision Act 2017 (Act No. 4, 2017)\nAssent date 10 March 2017\nCommenced 12 April 2017 (Gaz G15, 12 April 2017, p 3)\nCriminal Property Forfeiture Amendment Act 2020 (Act No. 2, 2020)\nAssent date 9 March 2020\nCommenced 8 April 2020 (Gaz G14, 8 April 2020, p 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: ss 1, 5, 8, 9, 10, 34, 39, 44, 47,\n52, 53, 87, 94, 102, 107, 108, 117, 123, 126, 127, 130, 131, 132, 145, 148,\n149 and 154.\n4 LIST OF AMENDMENTS\npt 1 hdg amd No. 30, 2011, s 3\ns 4 amd No. 30, 2011, s 3\ns 5 amd No. 1, 2004, s 62; No. 30, 2011, s 3; No. 31, 2014, s 4; No. 4, 2017,\ns 34; No. 2, 2020, s 4\nss 6 – 13 amd No. 30, 2011, s 3\ns 14 amd No. 12, 2010, s 3; No. 30, 2011, s 3\ns 16 amd No. 12, 2010, s 3\ns 18 amd No. 30, 2011, s 3\ns 21 amd No. 12, 2010, s 3; No. 30, 2011, s 3\nss 23 – 24 amd No. 30, 2011, s 3\ns 25 amd No. 12, 2010, s 3; No. 30, 2011, s 3\nss 26 – 27 amd No. 30, 2011, s 3\ns 29 amd No. 30, 2011, s 3\nss 30 – 31 amd No. 12, 2010, s 3; No. 30, 2011, s 3\ns 32 amd No. 7, 2005, s 3; No. 12, 2010, s 3; No. 30, 2011, s 3\ns 33 amd No. 30, 2011, s 3\ns 34 amd No. 30, 2011, s 3; No. 8, 2016, s 45\ns 35 amd No. 30, 2011, s 3\ns 36 amd No. 12, 2010, s 3; No. 30, 2011, s 3\nss 37 – 39 amd No. 30, 2011, s 3\ns 40 amd No. 32, 2007, s 11; No. 30, 2011, s 3; No. 8, 2016, s 45\ns 41 amd No. 30, 2011, s 3\nss 43 – 44 amd No. 30, 2011, s 3\nss 46 – 47 amd No. 30, 2011, s 3\ns 48 amd No. 12, 2010, s 3\nss 49 – 50 amd No. 30, 2011, s 3\ns 51 amd No. 32, 2007, s 12\nss 52 – 53 amd No. 30, 2011, s 3\ns 55 amd No. 12, 2010, s 3; No. 30, 2011, s 3\ns 63 amd No. 1, 2004, s 62; No. 30, 2011, s 3\ns 64 amd No. 30, 2011, s 3\ns 66 amd No. 30, 2011, s 3\n\nCriminal Property Forfeiture Act 2002 101\nss 68 – 69 amd No. 30, 2011, s 3\ns 71 amd No. 30, 2011, s 3\nss 74 – 75 amd No. 30, 2011, s 3\nss 77 – 79 amd No. 30, 2011, s 3\ns 81 amd No. 30, 2011, s 3; No. 31, 2014, s 5\ns 82 amd No. 1, 2004, s 62; No. 30, 2011, s 3; No. 31, 2014, s 6\nss 83 – 84 amd No. 30, 2011, s 3\ns 85 amd No. 30, 2011, s 3; No. 31, 2014, s 7\ns 88 amd No. 30, 2011, s 3\nss 92 – 95 amd No. 30, 2011, s 3\nss 111 – 112 amd No. 30, 2011, s 3\ns 118 amd No. 12, 2010, s 3; No. 30, 2011, s 3\ns 121 amd No. 30, 2011, s 3\ns 123 amd No. 30, 2011, s 3\nss 126 – 127 amd No. 30, 2011, s 3\ns 130 amd No. 30, 2011, s 3\npt 10A hdg ins No. 2, 2020, s 5\ndiv 1 hdg ins No. 2, 2020, s 5\nss 130A –\n130E ins No. 2, 2020, s 5\ndiv 2 hdg ins No. 2, 2020, s 5\nss 130F –\n130H ins No. 2, 2020, s 5\ndiv 3 hdg ins No. 2, 2020, s 5\nss 130J –\n130M ins No. 2, 2020, s 5\ndiv 4 hdg ins No. 2, 2020, s 5\nss 130N –\n130R ins No. 2, 2020, s 5\ndiv 5 hdg ins No. 2, 2020, s 5\ns 130S ins No. 2, 2020, s 5\ndiv 6 hdg ins No. 2, 2020, s 5\ns 130T ins No. 2, 2020, s 5\ns 131 amd No. 30, 2011, s 3\ns 134 amd No. 30, 2011, s 3\ns 135 amd No. 8, 2016, s 45\ns 136 amd No. 30, 2011, s 3\ns 138 amd No. 30, 2011, s 3\ns 139 amd No. 7, 2005, s 3; No. 30, 2011, s 3\ns 140 amd No. 30, 2011, s 3\ns 142 amd No. 30, 2011, s 3\ns 145 amd No. 30, 2011, s 3\npt 13 hdg amd No. 30, 2011, s 3\nss 150 – 151 amd No. 30, 2011, s 3\ns 152 amd No. 12, 2010, s 3; No. 30, 2011, s 3\nss 153 – 154 amd No. 30, 2011, s 3\ns 157 amd No. 30, 2011, s 3\nss 160 – 162 amd No. 30, 2011, s 3\ns 164 amd No. 12, 2010, s 3; No. 30, 2011, s 3\ns 165 amd No. 23, 2012, s 32\ns 166 amd No. 30, 2011, s 3\npt 14 hdg ins No. 31, 2014, s 8\n\nCriminal Property Forfeiture Act 2002 102\ns 167 ins No. 31, 2014, s 8\npt 15 hdg ins No. 2, 2020, s 5\ns 168 ins No. 2, 2020, s 5","sortOrder":189}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":877},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 2002 scope. The 2014 and 2020 amendments added: (1) Part 10A establishing a National Cooperative Scheme on unexplained wealth with complex intergovernmental revenue-sharing arrangements; (2) expanded definitions and procedural mechanisms; (3) new transitional provisions. The original Act focused on NT-based forfeiture, but now includes mechanisms for sharing forfeited assets with Commonwealth, other States/Territories, and foreign jurisdictions, plus cooperative investigative powers."},"complexity_factors":["166 sections across 15 Parts with multiple Divisions and Subdivisions","47 defined terms in section 5, many with nested cross-references to other sections","Multiple overlapping forfeiture mechanisms: crime-used property, crime-derived property, unexplained wealth declarations, criminal benefit declarations, crime-used property substitution declarations, and declared drug trafficker forfeiture","Complex temporal rules—property can be seized for offences committed before or after the Act commenced, and regardless of whether anyone is charged or convicted","Extensive cross-referencing with other NT legislation (Misuse of Drugs Act 1990, Land Title Act 2000, Public Trustee Act 1979, Fines and Penalties (Recovery) Act 2001) and Commonwealth legislation","Nested exceptions and defences, particularly in Part 5 (objections) with multiple pathways for innocent parties","Part 10A adds a National Cooperative Scheme with intergovernmental agreement mechanics for sharing proceeds across jurisdictions","Multiple burden of proof reversals and presumptions against the respondent","Detailed procedural requirements for service, registration of interests, and court jurisdiction split between Local Court and Supreme Court","Transitional provisions for two separate amending Acts (2014 and 2020) with different commencement rules"],"plain_english_summary":"**What this law does:**\n\nThis is the Northern Territory's main law for taking away money and property that criminals have gained from illegal activities, or property used to commit crimes. It aims to stop people from profiting from crime—especially drug trafficking—and to compensate the community for the costs of dealing with criminal activity.\n\n**Key things the law covers:**\n\n- **Crime-used property**: Things used to commit crimes (like cars used for drug runs, or houses where illegal drugs were made)\n- **Crime-derived property**: Money or assets gained from criminal activity (like profits from selling drugs, or houses bought with drug money)\n- **Unexplained wealth**: When someone's total wealth is worth more than what they could have legally earned\n- **Declared drug traffickers**: Special rules apply to people officially declared as drug traffickers—all their property can be seized\n\n**How it works:**\n\n- Police and prosecutors can **restrain** (freeze) property while investigating, so it can't be sold or moved\n- Courts can order people to **forfeit** (give up) property to the Territory\n- People can be examined under oath about their finances and must produce documents\n- Banks and financial institutions must cooperate with investigations and can be ordered to monitor accounts\n- **Reverse onus**: In many cases, the person must prove their property was legally acquired—not the other way around\n\n**Who it affects:**\n\n- People suspected of serious crimes (punishable by 2+ years in prison)\n- Their family members and associates (property can be seized even if held in someone else's name)\n- Banks, businesses, and anyone holding property for someone else\n- Innocent third parties can object, but face strict deadlines and heavy burdens of proof\n\n**Why it matters:**\n\nThis law is powerful and controversial. It allows the government to take property **without needing a criminal conviction** in some cases. It reverses the normal rule that you're innocent until proven guilty—instead, you may need to prove your property is legitimate. It also operates across state borders and includes special rules for sharing seized assets with other Australian jurisdictions and even foreign countries."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act as reprinted includes amendments (notably the Criminal Property Forfeiture Amendment Acts and insertion of Part 10A) that broadened scope beyond the original 2002 framework. In particular, the 2020 additions establish a National Cooperative Scheme on Unexplained Wealth (Part 10A: ss 130A–130T) that creates a formal inter‑jurisdictional process for identifying contributing jurisdictions and sharing realised forfeiture proceeds (ss 130J–130Q). Transitional provisions in ss 167–168 preserve application timing for amended provisions. The overall direction in the reprinted Act expands both investigatory/cooperation mechanisms and cross‑jurisdictional proceeds‑sharing compared to a single‑jurisdiction forfeiture regime (see ss 130E, 130G–130N)."},"complexity_factors":["Multiple overlapping remedies and declarations (unexplained wealth, criminal benefit, crime‑used substitution, forfeiture) across Parts 6–7 (ss 67–86, 94–101) increase legal pathways and interaction rules.","Broad investigatory powers (examinations, production orders, monitoring/suspension, search and seizure) with tight compliance deadlines and criminal sanctions (ss 13–16, 17–26, 28–36, 21, 25).","Ex parte applications and in camera proceedings combined with secrecy provisions reduce transparency and raise procedural complexity (ss 17(2), 22(2), 28(2), 41(3), 42, 31–32).","Civil standard of proof and reverse presumptions in declarations alter ordinary evidentiary rules (ss 71(2), 75(2), 136, 140), requiring specialised proof strategies.","Interplay with other laws and registries: Land Title Act mechanics, registrar duties and interstate registration/recognition add cross‑statute and cross‑jurisdictional complexity (ss 53, 121–131, 131–134).","Public Trustee management, common fund accounting and priority of expenses create administrative and financial management layers (ss 106–109, 148, 103).","Procedure for objections, co‑ownership, innocent parties and valuation timing requires detailed factual and legal analysis (Part 5: ss 59–66; valuation rules: ss 69, 79, 85).","Part 10A (National Cooperative Scheme) introduces intergovernmental decision processes, unanimous subcommittee determinations and cross‑border sharing formulas (ss 130A–130T).","Sanctions for non‑compliance range from large pecuniary penalties to imprisonment for multiple separate offences, increasing enforcement and defence complexity (ss 14(5), 16, 21(2), 25(1)–(2), 30)."],"plain_english_summary":"### What this law does, mechanically\n- Gives the Northern Territory power to seize, restrain and forfeit property that is connected to serious criminal activity (a \"forfeiture offence\" — see s 6) or to declare that a person has unexplained wealth, has acquired a criminal benefit, or has used property for criminal purposes and must pay an assessed amount (Parts 6–7: ss 67–86, 94–101).\n- Authorises investigative and asset-tracing tools: financial institutions must provide account and transaction information on notice (s 14); courts can order examinations of persons (ss 17–21), production of property‑tracking documents (ss 22–26, 27), and monitoring or short suspensions of account transactions (ss 28–30).\n- Allows police to detain and search people and premises, obtain search warrants, seize property and property‑tracking documents (ss 33–39, 34, 36). Seized or restrained property may be managed, sold or destroyed under court directions or by the Public Trustee (ss 105–116, 111–112).\n- Establishes procedures for restraining orders (temporary and longer) to stop dealing with property pending declarations or forfeiture (ss 39–53, 55–58). A person served with a restraining order may file an objection and attend court (Part 5: ss 59–66).\n- Creates civil-style declarations that impose monetary liabilities: unexplained wealth (ss 67–72), criminal benefit (ss 73–80), and crime-used property substitution (ss 81–86). If a declaration is made, the respondent must pay the assessed amount to the Territory (ss 72, 80, 86) and the Territory can satisfy liability by forfeiting restrained property (ss 87–90, 95–101).\n- Provides for interstate and national cooperation: registration and enforcement of interstate restraining/forfeiture orders (Part 10: ss 122–130) and a National Cooperative Scheme on Unexplained Wealth that governs sharing of proceeds where multiple jurisdictions contributed (Part 10A: ss 130A–130T).\n\n### Who it affects\n- Individuals and corporations who own or effectively control property that may be crime-used or crime-derived (see definitions and ss 7, 10, 11–12).\n- Financial institutions: obliged to respond to notices, monitoring and suspension orders and face penalties for non‑compliance or for providing false information (ss 13–16, 29–30).\n- Police and the Director of Public Prosecutions (DPP): powers and standing to apply for orders, seize and manage property, and bring forfeiture/declaration proceedings (multiple sections including ss 13, 17, 22, 28, 39, 41, 91, 98).\n- The Public Trustee: given responsibility to manage restrained or forfeited property and to receive restrained funds from financial institutions (ss 106–109, 148).\n- Registrars, mortgagees and co‑owners: affected by registration of restraining or forfeiture instruments and by limits on dealing with encumbered property (ss 53, 57, 131–134).\n\n### Why it matters (official purpose and operational test)\n- The Act states its objective is to target proceeds of crime generally and drug‑related crime particularly to prevent unjust enrichment (s 3). That is implemented by civil forfeiture pathways (declarations and forfeiture orders) and by operational powers to trace, restrain and deal with property.\n\nTesting that stated purpose against operational features and trade‑offs (source‑grounded):\n- Who pays: the respondent (person against whom a declaration is made) must pay assessed amounts to the Territory (ss 72, 80, 86). If unpaid, the Territory recovers via the Fines Recovery Unit (s 87). Costs of storing/managing seized property can be charged against proceeds or the common fund managed by the Public Trustee (ss 103, 148).\n- Who decides: investigative steps are initiated by police or the DPP (ss 13, 17, 22, 28, 39, 41). Courts make the final orders and may hear some applications ex parte (ss 17(2), 22(2), 28(2), 41(3)).\n- Incentives and behaviour changes: the law deters keeping or using assets for criminal activity by enabling restraint and forfeiture without a criminal conviction in many cases (see ss 10(5), 140). It incentivises financial institutions to monitor and report transactions (ss 13–14, 29), and creates a compliance burden on businesses that hold or transfer property (s 14(1), s 107). Transfers can be challenged as attempts to defeat forfeiture (s 157).\n- Reverse onus and evidentiary effects: in unexplained wealth and criminal benefit proceedings the court treats assets as presumed not lawfully acquired unless the respondent proves otherwise (s 71(2), s 75(2)). Proceedings are civil (balance of probabilities) not criminal (s 136(1), 136(2)(d)). That shifts proof burdens and the standard of proof relative to criminal trials (ss 69–71, 75–79).\n- Compliance burden and sanctions: financial institutions face a short statutory deadline to respond to notices (7 days) with significant penalties for non‑compliance or false statements (s 14(5), s 16, s 30). Individuals who fail to comply with examinations or production orders face criminal penalties (ss 21, 25).\n- Discretion and operational risk: the DPP and police can seek ex parte orders and closed proceedings (ss 17(2), 22(2), 41(3), 42), which reduces procedural visibility; secrecy provisions restrict disclosure of investigative steps (ss 31–32). These features speed action but increase risk of error and raise reliance on post‑order review (Part 5: objections) to protect third parties.\n- Effects on private enterprise and markets: banks and other financial intermediaries must invest staff/time to respond and may be ordered to freeze or suspend customer transactions (ss 14, 29). Property registrars must record restraining instruments (ss 53, 131–132). Mortgagees retain priority rights but mortgagors can still make payments from unrestrained funds (s 57). The Act can reduce the liquidity of assets subject to restraint and may increase transaction costs for affected parties.\n- Concentrated benefits, diffuse costs, and sharing mechanisms: realised forfeiture proceeds benefit the Territory (ss 71(4)(c), 78(1), 86(1), 148). Part 10A creates a mechanism to apportion proceeds among contributing jurisdictions when investigations are cross‑border, which concentrates proceeds to cooperating jurisdictions and creates administrative incentives to document contributions (ss 130J–130N).\n- Substitution and remedial mechanisms: where crime‑used property is not available, the court may declare substituted property or impose monetary liability (ss 81–86). The Territory may use effectively controlled property or gifts to satisfy liabilities (ss 91–93).\n\n### Implementation and compliance risks (source‑grounded)\n- Property may be restrained or forfeited even where no criminal conviction exists (s 10(5), s 140). That increases the importance of procedural protections (objection mechanism, Part 5) and the court's role in assessing contested ownership and innocence (ss 59–66, 62–65).\n- Ex parte and in camera powers (ss 17(2), 22(2), 28(2), 42) and secrecy rules (s 31) can limit third‑party notice before restraint; the Act requires personal service and statutory declarations after service but allows substituted service in some cases (ss 47–48, 159).\n- Financial institutions and individuals face significant penalties for non‑compliance or false reporting (ss 14(5), 16, 25, 30). Those penalties heighten compliance costs and litigation risk for institutions.\n\n### Key statutory references (selection)\n- Definitions and scope: ss 5–12; application of Act: s 10(1)–(5).\n- Investigative powers: financial information (ss 13–16), examinations (ss 17–21), production orders (ss 22–26), monitoring and suspension (ss 28–30), detention/search/seizure (ss 33–39).\n- Restraint and forfeiture procedures: interim and restraining orders (ss 39–53); objections and innocence tests (Part 5: ss 59–66); declarations (Part 6: ss 67–86); forfeiture and enforcement (Part 7: ss 87–104).\n- Management and disposal: Public Trustee responsibilities, sale and destruction, common fund (Part 8: ss 105–118, s 148).\n- Interstate and national cooperation: interstate registration (Part 10: ss 122–130); National Cooperative Scheme (Part 10A: ss 130A–130T).\n\nSummary note: the Act creates a civil forfeiture framework with powerful investigative and asset‑freezing tools, places evidentiary burdens on respondents in specified proceedings, and builds in administrative and judicial processes for restraint, management and disposal of property. It assigns financial costs of investigations and property management to proceeds where possible (see ss 103, 148), while imposing compliance obligations and criminal penalties for false or obstructive conduct (e.g. ss 16, 21, 25, 30)."}},"importantCases":[],"_links":{"self":"/api/acts/criminal-property-forfeiture-act-2002","history":"/api/acts/criminal-property-forfeiture-act-2002/history","analysis":"/api/acts/criminal-property-forfeiture-act-2002/analysis","conflicts":"/api/acts/criminal-property-forfeiture-act-2002/conflicts","importantCases":"/api/acts/criminal-property-forfeiture-act-2002/important-cases","documents":"/api/acts/criminal-property-forfeiture-act-2002/documents"}}