TASIn ForceAct
Crime (Confiscation of Profits) Act 1993
191Property protected from restraint or forfeiture
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### 191 Property protected from restraint or forfeiture
> [*\[Section 191 Inserted by No. 60 of 2013, s. 12, Applied:01 Mar 2014\]*](/view/html/inforce/2014-03-01/act-2013-060#GS12@EN)
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> > (1) The following kinds of property are not to be made subject to a wealth-restraining order or wealth forfeiture order:
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> > > > (a) family photographs;
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> > > > (b) family portraits;
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> > > > (c) necessary food;
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> > > > (d) necessary clothing.
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> > (2) Subject to [subsection (3)](#GS191@Gs3@EN) , the following kinds of property are not to be made subject to a wealth-restraining order or wealth forfeiture order:
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> > > > (a) ordinary tools of trade;
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> > > > (b) professional instruments;
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> > > > (c) reference books.
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> > (3) For the purposes of [subsection (2)](#GS191@Gs2@EN) –
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> > > > (a) a maximum value of property to be protected under that subsection may be prescribed per person, per order, or as otherwise prescribed; and
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> > > > (b) property is protected under that subsection only to the extent that the aggregate value of that property does not exceed the prescribed amount.
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> > (4) Property that, under this section, is not to be made subject to a wealth-restraining order or wealth forfeiture order –
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> > > > (a) is not to be retained or guarded under this Part or under a search warrant issued under this Part; and
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> > > > (b) is not to be restrained; and
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> > > > (c) is not available for the purpose of satisfying a person's unexplained wealth liability; and
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> > > > (d) cannot be forfeited under [Subdivision 3](#HP9@HD6@Hd3@EN) of [Division 6](#HP9@HD6@EN) .