NORTHERN TERRITORY OF AUSTRALIA
CRIMINAL PROPERTY FORFEITURE REGULATIONS 2003
As in force at 31 July 2024
Table of provisions
1 Citation ............................................................................................ 1
2 Corresponding laws ......................................................................... 1
3 Interstate forfeiture orders and interstate restraining orders ............ 1
4 Forms .............................................................................................. 1
5 Forms in relation to land .................................................................. 2
Schedule 1 Corresponding laws
Schedule 2 Interstate forfeiture and restraining orders
Schedule 3 Forms
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 31 July 2024
CRIMINAL PROPERTY FORFEITURE REGULATIONS 2003
Regulations under the Criminal Property Forfeiture Act 2002
1 Citation
These Regulations may be cited as the Criminal Property Forfeiture
Regulations 2003.
2 Corresponding laws
A law specified in Schedule 1 is prescribed as a law that
corresponds to the Act.
3 Interstate forfeiture orders and interstate restraining orders
An order specified in:
(a) Part A of Schedule 2 is prescribed as an interstate forfeiture
order; and
(b) Part B of Schedule 2 is prescribed as an interstate restraining
order.
4 Forms
(1) A notice to a financial institution under section 14 of the Act is to be
in accordance with Form 1 in Schedule 3.
(2) An application under section 34 of the Act for a search warrant is to
be in accordance with Form 2 in Schedule 3.
(3) A search warrant under section 34 of the Act is to be in accordance
with Form 3 in Schedule 3.
(4) An application for an interim restraining order under section 40 of
the Act is to be in accordance with Form 4 in Schedule 3.
(5) An interim restraining order under section 40 of the Act is to be in
accordance with Form 5 in Schedule 3.
(6) A notice under section 47(1) of the Act about the making of a
restraining order is to be in accordance with Form 6 in Schedule 3.
Criminal Property Forfeiture Regulations 2003 2
(7) A notice under section 50(4)(a) of the Act of the setting aside of a
restraining order is to be in accordance with Form 7 in Schedule 3.
(8) A notice under section 51 of the Act of the extension of a restraining
order is to be in accordance with Form 8 in Schedule 3.
5 Forms in relation to land
An instrument lodged with the Registrar-General under
section 53(1)(a), 53(2)(a) or 102(1) of the Act is to be lodged in the
appropriate form specified by the Registrar-General's directions
under the Land Title Act 2000.
Schedule 1 Corresponding laws
Criminal Property Forfeiture Regulations 2003 3
Schedule 1 Corresponding laws
regulation 2
Jurisdiction Legislation
Commonwealth Proceeds of Crime Act 1987
Proceeds of Crime Act 2002
New South Wales Confiscation of Proceeds of Crimes Act 1989
Criminal Assets Recovery Act 1990
Queensland Criminal Proceeds Confiscation Act 2002
South Australia Criminal Assets Confiscation Act 2005
Tasmania Crime (Confiscation of Profits) Act 1993
Victoria Confiscation Act 1997
Western Australia Criminal Property Confiscation Act 2000
Australian Capital Territory Confiscation of Criminal Assets Act 2003
Schedule 2 Interstate forfeiture and restraining orders
Criminal Property Forfeiture Regulations 2003 4
Schedule 2 Interstate forfeiture and restraining orders
regulation 3
Part A Interstate forfeiture orders
Jurisdiction Type of order Provision
New South
Wales
forfeiture order Confiscation of Proceeds of
Crimes Act 1989, section 18
drugs proceeds order Confiscation of Proceeds of
Crimes Act 1989, section 29
assets forfeiture order Criminal Assets Recovery
Act 1990, section 22
Queensland unexplained wealth
order
Criminal Proceeds Confiscation
Act 2002, section 89F(1)
serious drug offender
confiscation order
Criminal Proceeds Confiscation
Act 2002, section 93ZY(1)
forfeiture order Criminal Proceeds Confiscation
Act 2002, section 146(2)
special forfeiture order Criminal Proceeds Confiscation
Act 2002, section 200(2)
South Australia forfeiture order Criminal Assets Confiscation
Act 2005, section 47 or 56
Tasmania forfeiture order Crime (Confiscation of Profits)
Act 1993, section 16
Victoria forfeiture order Confiscation Act 1997,
section 33 or 34
declaration Confiscation Act 1997,
section 36 or 36GB
civil forfeiture order Confiscation Act 1997,
section 37, 38 or 39
declaration Confiscation Act 1997,
section 40ZB
Schedule 2 Interstate forfeiture and restraining orders
Criminal Property Forfeiture Regulations 2003 5
Jurisdiction Type of order Provision
Western
Australia
unexplained wealth
declaration
Criminal Property Confiscation
Act 2000, section 12
criminal benefits
declaration
Criminal Property Confiscation
Act 2000, section 16 or 17
crime-used property
substitution declaration
Criminal Property Confiscation
Act 2000, section 22
confiscable property
declaration
Criminal Property Confiscation
Act 2000, section 28 or 30
Australian
Capital Territory
conviction forfeiture
order
Confiscation of Criminal Assets
Act 2003, section 54
automatic forfeiture of
restrained property
Confiscation of Criminal Assets
Act 2003, section 58
order declaring property
automatically forfeited
Confiscation of Criminal Assets
Act 2003, section 59 or 60
civil forfeiture order Confiscation of Criminal Assets
Act 2003, section 67
Part B Interstate restraining orders
Jurisdiction Type of order Provision
New South
Wales
restraining order Confiscation of Proceeds of
Crimes Act 1989, section 43
restraining order Criminal Assets Recovery
Act 1990, section 10A or 12
Queensland restraining order Criminal Proceeds Confiscation
Act 2002, section 93H(1)
restraining order Criminal Proceeds Confiscation
Act 2002, section 117(1)
other orders made in
relation to a restraining
order
Criminal Proceeds Confiscation
Act 2002, section 130
Schedule 2 Interstate forfeiture and restraining orders
Criminal Property Forfeiture Regulations 2003 6
Jurisdiction Type of order Provision
South Australia restraining order Criminal Assets Confiscation
Act 2005, section 24
Tasmania restraining order Crime (Confiscation of Profits)
Act 1993, section 26 or 30
Victoria restraining order Confiscation Act 1997,
section 14, 18 or 40I
civil forfeiture
restraining order
Confiscation Act 1997,
section 36M
Western
Australia
freezing order Criminal Property Confiscation
Act 2000, section 43
Australian
Capital Territory
restraining order Confiscation of Criminal Assets
Act 2003, section 30 or 31
Schedule 3 Forms
Criminal Property Forfeiture Regulations 2003 7
Schedule 3 Forms
FORM 1
NORTHERN TERRITORY OF AUSTRALIA
Criminal Property Forfeiture Act 2002
regulation 4(1)
REQUIREMENT FOR INFORMATION FROM FINANCIAL INSTITUTION
To: [name of financial institution]
(the financial institution),
of: [address of the financial institution]
TAKE NOTICE that under section 14 of the Criminal Property Forfeiture
Act 2002, you are required to do the following:
*1. State whether or not [name of person]
holds an account with the financial institution and, if the answer is
"yes", in relation to each account that is held, identify the account
by stating:
(a) the full title and number of the account; and
(b) the type of account.
*2. State whether or not the following account is held with the financial
institution:
Account description .
*3. Identify the following account(s) held with the financial institution,
including by stating the type of account:
Account description .
*4. Identify the holder(s) of the following account(s) held with the
financial institution:
Account description .
Schedule 3 Forms
Criminal Property Forfeiture Regulations 2003 8
*5. State whether or not any other kind of transaction between the
financial institution and [name of person]
has existed, is intended to exist and/or does exist and if so, in
relation to each transaction:
(a) identify the transaction; and
(b) state whether the transaction has taken place, is taking place
or is to take place.
*6. State whether [name of person]
has applied to the financial institution to open an account, borrow
money or enter into any other type of transaction or arrangement
with the institution.
7. State the balance of any relevant account and indicate whether the
account is current or closed.
NOTE: YOU MUST COMPLY WITH THIS REQUIREMENT.
Maximum penalty: 5 000 penalty units.
The terms account, financial institution and transaction are defined in
section 5 of the Act.
Dated 20 .
Signed *for Director of Public Prosecutions / *by member of Police Force
[delete if not applicable]
Schedule 3 Forms
Criminal Property Forfeiture Regulations 2003 9
FORM 2
NORTHERN TERRITORY OF AUSTRALIA
Criminal Property Forfeiture Act 2002
regulation 4(2)
APPLICATION UNDER SECTION 34 FOR SEARCH WARRANT
I, , a member of the Police Force of the
Northern Territory:
(a) make oath and state that I suspect that *property liable to forfeiture
under the Act / *property tracking documents is or are in or on, or will
be in or on within the next 72 hours, the following premises:
(b) state that the grounds for my suspicion are as follows:
; and
(c) under section 34 of the Criminal Property Forfeiture Act 2002, apply for
a search warrant in relation to the premises.
Applicant
Made on [date] at [place]
*If application was made by *telephone / *other electronic means [specify],
justice of the peace to complete details and sign his/her copy.
Application received on the day of 20 , at o'clock
by , a justice of the peace for the
Northern Territory of Australia.
Witnessed by
Signature _________________________________________________
Justice of the peace
Name _________________________________________________
Address or phone no.
[delete if not applicable]
Schedule 3 Forms
Criminal Property Forfeiture Regulations 2003 10
FORM 3
NORTHERN TERRITORY OF AUSTRALIA
Criminal Property Forfeiture Act 2002
regulation 4(3)
SEARCH WARRANT UNDER SECTION 34
I, , a justice of the peace,
having received an application under section 34 of the Criminal Property
Forfeiture Act 2002 by a member of the Police Force of the Northern Territory
and being satisfied that there are reasonable grounds for suspecting that
*property liable to forfeiture under the Act / *property tracking documents is or
are on the premises described below, or will be in or on the premises within
the next 72 hours, issue this search warrant authorising a member of the
Police Force, using any necessary force and with any assistance the member
thinks necessary, at any time of night or day on or within 30 days after the
date of this warrant, to do any or all of the following:
(a) enter the premises;
(b) search the premises;
(c) search any baggage, package or other thing found in or on the
premises;
(b) detain any person in or on the premises and search the person in
accordance with section 35 of the Act.
Description of premises:
Justice of the peace
Date and time:
Note: The Criminal Property Forfeiture Act 2002 defines premises as
including a vessel, aircraft, vehicle, structure, building and any land or place
whether built on or not.
[delete if not applicable]
Schedule 3 Forms
Criminal Property Forfeiture Regulations 2003 11
FORM 4
NORTHERN TERRITORY OF AUSTRALIA
Criminal Property Forfeiture Act 2002
regulation 4(4)
APPLICATION UNDER SECTION 40 FOR
INTERIM RESTRAINING ORDER
I, , a *member of
the Police Force of the Northern Territory / *person authorised by the Director
of Public Prosecutions:
(a) under section 40 of the Criminal Property Forfeiture Act 2002, apply for
an interim restraining order in relation to:
*the property of [person];
*the following property:
(b) state that an application is to be made as soon as reasonably
practicable to the *Local Court / *Supreme Court under section 43 or 44
of the Act for the restraint of the property; and
(c) state that the circumstances that justify this application for an interim
restraining order in relation to the property are as follows:
Applicant:
Date:
If application was made by *telephone / *other electronic means [specify], Local
Court Judge to complete details and sign his/her copy.
Application received on the day of 20 , at o'clock
by , a Local Court Judge of the
Northern Territory of Australia.
Signed
[delete if not applicable]
Schedule 3 Forms
Criminal Property Forfeiture Regulations 2003 12
FORM 5
NORTHERN TERRITORY OF AUSTRALIA
Criminal Property Forfeiture Act 2002
regulation 4(5)
INTERIM RESTRAINING ORDER UNDER SECTION 40
I, , a Local Court Judge of the Northern
Territory of Australia, having heard an application under section 40 of the
Criminal Property Forfeiture Act 2002 by a member of the *Police Force of the
Northern Territory / *person authorised by the Director of Public Prosecutions
and being satisfied of the matters set out in section 40(1)(c) and (d) of the Act,
order that, unless this order is sooner varied or revoked, until the expiration of
3 working days after the day on which this order is made, such expiry being at
midnight on [date],
*the property of [person] is restrained; or
the following property is restrained:
And I further order that:
[Here describe any other restraints or orders imposed, for example: "The property may
continue to be used for residential purposes by the respondent/certain named persons"]
Signed by Local Court Judge:
Date and time:
While this order is in force, no person may deal with the property except in
accordance with the Act.
The maximum penalty for dealing with restrained property is:
For a natural person – 1 000 penalty units or the value of the property
(whichever is greater), or imprisonment for 5 years.
For a body corporate – 5 000 penalty units or the value of the property
(whichever is greater).
Dealing includes selling the property or giving it away, disposing of the
property in any other way, moving or using the property, and other matters set
out in section 56(1) of the Act.
[delete if not applicable]
Schedule 3 Forms
Criminal Property Forfeiture Regulations 2003 13
FORM 6
NORTHERN TERRITORY OF AUSTRALIA
Criminal Property Forfeiture Act 2002
regulation 4(6)
NOTICE OF RESTRAINING ORDER
To: [name]
of: [address]
I, , a *member of
the Police Force of the Northern Territory / *person authorised by the Director
of Public Prosecutions, give notice that:
• a restraining order has been made by the *Local Court / *Supreme
Court under the Criminal Property Forfeiture Act 2002 for the restraint
of the property specified below;
• a copy of the order is attached;
• the order applies to and including [date];
• while the order is in force, no person may deal with the property except
in accordance with the Act;
The maximum penalty for dealing with restrained property is:
For a natural person – 1 000 penalty units r the value of the property
(whichever is greater), or imprisonment for 5 years;
For a body corporate – 5 000 penalty units or the value of the property
(whichever is greater);
• the property that is restrained under the order is liable to forfeiture
under the Act; and
• you can object to the restraint of part or all of the property by filing an
objection in the court that made the order within 28 days after the
service of this notice.
• NOTE: You are required under section 48 of the Criminal Property
Forfeiture Act 2002 to lodge a statutory declaration in the court that
made the order within 7 days after being served with this notice. The
declaration is to state the name and, if known, the address of any other
person of whom you are aware who has, may have or claims to have
an interest in any of the property that is restrained under the order. If
Schedule 3 Forms
Criminal Property Forfeiture Regulations 2003 14
you are not aware of any other person who has, may have or claims to
have an interest in any of the property, you must make a statutory
declaration containing a statement to that effect.
The maximum penalty for failing to make a statutory declaration is
2 000 penalty units or imprisonment for 2 years.
Particulars of property in relation to which the order is made:
Note: Section 49(2) of the Criminal Property Forfeiture Act 2002 provides that
income or other property that is derived from property that is subject to this
order is taken to be part of the property and is also restrained under this order.
Dated 20 .
Signed *for Director of Public Prosecutions / *by member of Police Force
[delete if not applicable]
Schedule 3 Forms
Criminal Property Forfeiture Regulations 2003 15
FORM 7
NORTHERN TERRITORY OF AUSTRALIA
Criminal Property Forfeiture Act 2002
regulation 4(7)
NOTICE OF SETTING ASIDE OF RESTRAINING ORDER
To: [name]
of: [address]
I, , a *member of
the Police Force of the Northern Territory / *person authorised by the Director
of Public Prosecutions, give notice that an order has been made by the *Local
Court / *Supreme Court under the Criminal Property Forfeiture Act 2002
setting aside the restraining order made by the court on
[date] for the restraint of property specified in that order.
NOTE: The setting aside of the restraining order means that a person can
deal with the property that was restrained under that order unless the
property remains restrained under a different order. If the property
remains restrained under an order that has not been set aside, the property
cannot be dealt with except under the Act or as provided for in the court order.
The maximum penalty for dealing with restrained property is:
For a natural person – 1 000 penalty units or the value of the property
(whichever is greater), or imprisonment for 5 years.
For a body corporate – 5 000 penalty units or the value of the property
(whichever is greater).
Dated 20 .
Signed *for Director of Public Prosecutions / *by member of Police Force
Attached: copy of court order setting aside the restraining order.
[delete if not applicable]
Schedule 3 Forms
Criminal Property Forfeiture Regulations 2003 16
FORM 8
NORTHERN TERRITORY OF AUSTRALIA
Criminal Property Forfeiture Act 2002
regulation 4(8)
NOTICE OF EXTENSION OF RESTRAINING ORDER
To: [name]
of: [address]
I, , a *member of
the Police Force of the Northern Territory / *person authorised by the Director
of Public Prosecutions, give notice that on [date], the
*Local Court / *Supreme Court extended the duration of the restraining order
made by the court on [date of original order] under the
Criminal Property Forfeiture Act 2002 for [period of
order] for the restraint of the property specified below:
Unless the order is sooner varied or revoked, the order remains in force
until AM/PM on [date], and no person may deal
with the property except in accordance with the Act.
The maximum penalty for dealing with restrained property is:
For a natural person – 1 000 penalty units or the value of the property
(whichever is greater), or imprisonment for 5 years.
For a body corporate – 5 000 penalty units or the value of the property
(whichever is greater).
Dated 20 .
Signed *for Director of Public Prosecutions / *by member of Police Force
Attached: copy of court order extending the duration of the restraining order.
[delete if not applicable]
ENDNOTES
Criminal Property Forfeiture Regulations 2003 17
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Criminal Property Forfeiture Regulations (SL No. 45, 2003)
Notified 3 September 2003
Commenced 3 September 2003
Statute Law Revision Act (No. 2) 2004 (Act No. 54, 2004)
Notified 15 September 2004
Commenced 27 October 2004 (Gaz G43, 27 October 2004, p 3)
Justice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010)
Notified 20 May 2010
Commenced 1 July 2010 (Gaz G24, 16 June 2010, p 2)
Oaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,
2010)
Assent date 18 November 2010
Commenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations
Act 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,
p 4)
Criminal Property Forfeiture Amendment Regulations 2012 (SL No. 31, 2012)
Notified 3 August 2012
Commenced 3 August 2012
Criminal Property Forfeiture Amendment Regulations 2014 (SL No. 7, 2014)
Notified 26 March 2014
Commenced 26 March 2014
Criminal Property Forfeiture Amendment Regulations 2015 (SL No. 3, 2015)
Notified 29 April 2015
Commenced 29 April 2015
ENDNOTES
Criminal Property Forfeiture Regulations 2003 18
Local Court (Related Amendments) Act 2016 (Act No. 8, 2016)
Assent date 6 April 2016
Commenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related
Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34,
29 April 2016)
Criminal Property Forfeiture Amendment Regulations 2016 (SL No. 24, 2016)
Notified 20 May 2016
Commenced 20 May 2016
Justice Legislation Amendment Regulations 2024 (SL No. 20, 2024)
Date made 30 July 2024
Commenced 31 July 2024 (r 2)
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22 or 2018) to: rr 1 and 5 and sch 3.
4 LIST OF AMENDMENTS
sch 1 sub No. 31, 2012, r 3
sch 2 amd Act No. 54, 2004, s 8; No. 24, 2016, r 3
sub No. 31, 2012, r 3
amd No. 7, 2014, r 3; No. 3, 2015, r 3
sch 3 amd Act No. 12, 2010, s 3; Act No. 40, 2010, s 126; No. 31, 2012, r 4; Act
No. 8, 2016, s 45; No. 20, 2024, r 6