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.