5Definitions

5 Definitions In this Act: account means any facility or arrangement through which a financial institution accepts deposits or allows withdrawals and includes a facility or arrangement for a fixed term deposit and a safety deposit box. Criminal Property Forfeiture Act 2002 2 agreement means a tenancy, lease, hire agreement or contract. conviction, in relation to a forfeiture offence, has the meaning in section 161. corporation means any body corporate, however formed, and includes: (a) a financial institution; and (b) a corporation as defined in section 57A of the Corporations Act 2001; and (c) a corporation sole. corresponding law: (a) for Part 10A – see section 130A; or (b) otherwise – means a law of the Commonwealth, a State or another Territory that is prescribed by regulation as a law that corresponds to this Act. crime-derived, in relation to property, see section 12. crime-used, in relation to property, see section 11. crime-used property substitution declaration means a declaration under section 81. criminal benefit, see section 74. criminal benefit declaration means a declaration under section 75 or 76. criminal use, in relation to a person and property, see section 84. dangerous drug, see section 3(1) of the Misuse of Drugs Act 1990. deal, in relation to property, see section 56. declared drug trafficker, see section 8. dispose of, in relation to a charge, means: (a) withdraw; or (b) file a no true bill; or (c) dismiss; or Criminal Property Forfeiture Act 2002 3 (d) file a nolle prosequi in relation to the offence. DPP means the Director of Public Prosecutions appointed under the Director of Public Prosecutions Act 1990 or a person acting on the Director's behalf. effective control, in relation to property, has the meaning in section 7. encumbrance, in relation to property, includes any interest, mortgage, charge, right, claim or demand in respect of the property. examination means an examination under an examination order. examination order means an order under section 18(1). financial institution means: (a) an ADI; or (b) the Reserve Bank of Australia; or (c) a person who carries on State banking within the meaning of section 51(xiii) of the Constitution of the Commonwealth; or (e) a financial corporation within the meaning of section 51(xx) of the Constitution of the Commonwealth; or (f) a body corporate that would be a financial corporation within the meaning of section 51(xx) of the Constitution of the Commonwealth if the body had been incorporated in Australia. Fines Recovery Unit means the Fines Recovery Unit established under the Fines and Penalties (Recovery) Act 2001. forfeitable property declaration means a declaration under section 92. forfeiture offence, see section 6. give, in relation to property, includes transfer for consideration that is significantly less than the market value of the property at the time of transfer. innocent party, see section 66. instrument, in relation to a dealing with land, see section 4 of the Land Title Act 2000. Criminal Property Forfeiture Act 2002 4 interest, in relation to property, means: (a) a legal or equitable estate or interest in the property; or (b) a right, power or privilege over or in connection with the interstate forfeiture order means an order (however described) that is made by or under a corresponding law of a State or another Territory and that is prescribed by the Regulations for this definition. interstate restraining order means an order (however described) that is made by or under a corresponding law of a State or another Territory and that is prescribed by the Regulations for this definition. land includes an interest in land. land register, see section 4 of the Land Title Act 2000. lawfully acquired, in relation to any property, service, advantage or benefit, see section 77. liable to forfeiture under this Act, in relation to property, see section 10(5). monitoring order means an order under section 29(1). objection means an objection to the restraint of property filed under section 59. officer, in relation to a corporation, means a director, secretary, executive officer, employee or agent of the corporation. owner, in relation to property, means a person who has a legal or equitable interest in the property. premises includes a vessel, aircraft, vehicle, structure, building and any land or place whether built on or not. production order means an order under section 23. prohibited plant see section 3(1) of the Misuse of Drugs Act 1990. property means: (a) real or personal property of any description, wherever situated and whether tangible or intangible; or (b) a legal or equitable interest in any property mentioned in paragraph (a). Criminal Property Forfeiture Act 2002 5 property-tracking document, see section 27. registered, in relation to an interstate restraining order or an interstate forfeiture order, means registered under section 123 or 127, respectively. registrar means the office (however described) of a registrar under an Act that provides for registration of property other than land. registration, in relation to an instrument relating to a dealing in land, has the same meaning as in the Land Title Act 2000. respondent means: (a) in relation to an application for an unexplained wealth declaration, a criminal benefit declaration or a crime-used property substitution declaration – the person against whom the declaration is sought; or (b) in relation to an unexplained wealth declaration, a criminal benefit declaration or a crime-used property substitution declaration – the person against whom the declaration is made. restraining order means an order made by a court under section 43 or 44 but does not include an interim restraining order under section 40. statutory charge, see section 4 of the Land Title Act 2000. statutory restrictions notice, see section 35 of the Land Title Act 2000. suspension order means an order under section 29(2). Territory taxes, in relation to restrained property, means any rates, land tax, local government or other statutory charges imposed on the property under a law of the Territory. transaction, in relation to an account with a financial institution, includes: (a) the making of a fixed term deposit; and (b) the transferring of the amount of a fixed term deposit, or any part of it, at the end of the term. unexplained wealth: (a) for Part 10A – see section 130A; or Criminal Property Forfeiture Act 2002 6 (b) otherwise – see section 68. unexplained wealth declaration means a declaration under section 71. valuable consideration, in relation to the transfer of property, does not include: (a) any consideration for the transfer arising from the fact of a family relationship between the transferor and transferee; or (b) if the transferor is a spouse or de facto partner of the transferee – the making by the transferor of a deed in favour of the transferee; or (c) a promise by the transferee to become a spouse or de facto partner of the transferor; or (d) any consideration arising from the transferor's love or affection for the transferee; or (e) the transfer of the property as a result of the distribution of a deceased estate; or (f) the transfer of the property by way of gift. wealth, see section 70. Note for section 5 The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.