Part I
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Commonwealth act
This law lets the Commonwealth seize or force the payment of money and property gained from federal crimes — targeting convicted offenders, absconders treated as convicted, third parties holding tainted assets, financial institutions, and foreign nationals with enforceable orders. It enables asset freezes before trial, forfeiture and pecuniary penalty orders after conviction, shifts evidential burdens for serious offences, and offers limited protections for innocent third parties. It also permits cross-border enforcement and funnels recovered assets into a special government account.
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Direct links to the current provisions in Proceeds of Crime Act 1987.
This Act may be cited as the Proceeds of Crime Act 1987.
This Act shall come into operation on the day on which it receives the Royal Assent.
(1) The principal objects of this Act are: (a) to deprive persons of the proceeds of, and benefits derived from, the commission of offences against the laws of the Commonwealth or the Territories; (b) to provide for the forfeiture of property used in or in connection with the commission of such offences; and (c) to enable law enforcement authorities effectively to trace such proceeds, benefits and property. (2) The objects of this Act include the objects of: (a) providing for the enforcement in the Territories of forfeiture orders, pecuniary penalty orders and restraining orders made in respect of offences against the laws of the States; (b) facilitating the enforcement in Australia, pursuant to the Mutual Assistance Act, of forfeiture orders, pecuniary penalty orders and restraining orders made in respect of foreign serious offences; and (c) assisting foreign countries, pursuant to the Mutual Assistance Act, to trace the proceeds of, benefits derived from and property used in or in connection with the commission of foreign serious offences.
(1) In this Act, unless the contrary intention appears:
ACC means the Australian Crime Commission.
account means any facility or arrangement through which a financial institution accepts deposits or allows withdrawals and includes a facility or arrangement for:
(a) a fixed term deposit; and
(b) a safety deposit box.
ADI (authorised deposit‑taking institution) means:
(a) a body corporate that is an ADI for the purposes of the Banking Act 1959; or
(b) the Reserve Bank of Australia; or
(c) a person who carries on State banking within the meaning of paragraph 51(xiii) of the Constitution.
AFP member means a member or special member of the Australian Federal Police.
agent includes, if the agent is a corporation, the officers and agents of the corporation.
appropriate officer means the DPP or a person in a class of persons declared by the regulations to be within this definition.
approved means approved by the Minister in writing for the purposes of the provision in which the term occurs.
Australia, when used in a geographical sense, includes the external Territories.
Bankruptcy Act means the Bankruptcy Act 1966.
benefit includes service or advantage.
commencement of the Proceeds of Crime Act 2002 means the commencement of sections 3 to 338 of the Proceeds of Crime Act 2002.
Commissioner means the Commissioner of the Australian Federal Police.
Confiscated Assets Special Account means the Account continued in existence under section 34A.
confiscation order means a forfeiture order or a pecuniary penalty order.
co‑operative housing society means a society registered or incorporated as a co‑operative housing society or similar society under a law of a State or Territory.
corresponding law means a law of a State that is declared by the regulations to be a law that corresponds to this Act.
Crimes Act means the Crimes Act 1914.
criminal investigation, in relation to a foreign serious offence, has the same meaning as in the Mutual Assistance Act.
criminal proceeding, in relation to a foreign serious offence, has the same meaning as in the Mutual Assistance Act.
Customs Act means the Customs Act 1901.
Customs officer means an officer of Customs within the meaning of the Customs Act.
director, in relation to a financial institution or a corporation, means:
(a) if the institution or corporation is a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory—a constituent member of the body corporate;
(b) any person occupying or acting in the position of director of the institution or corporation, by whatever name called and whether or not validly appointed to occupy or duly authorised to act in the position; and
(c) any person in accordance with whose directions or instructions the directors of the institution or corporation are accustomed to act.
distributable funds means amounts standing to the credit of the Confiscated Assets Special Account that is:
(a) identified as distributable funds in accordance with the regulations (other than such money as is identified by the Official Trustee under subsection 34E(2) as suspended funds); or
(b) identified by the Official Trustee under subsection 34E(3) as distributable funds.
DPP means the Director of Public Prosecutions.
encumbrance, in relation to property, includes any interest, mortgage, charge, right, claim or demand in respect of the property.
equitable sharing program means an arrangement under which any or all of the following happen:
(a) the Commonwealth shares with a participating State a proportion of any proceeds of any unlawful activity recovered under a Commonwealth law, where, in the opinion of the Minister, that State has made a significant contribution to the recovery of those proceeds or to the investigation or prosecution of the relevant unlawful activity;
(b) each participating State shares with the Commonwealth any proceeds resulting from a breach of the criminal law of that State where, in the opinion of the appropriate Minister of that State, officers of a law enforcement agency of the Commonwealth have made a significant contribution to the recovery of those proceeds;
(c) the Commonwealth shares with a foreign country a proportion of any proceeds of any unlawful activity recovered under a Commonwealth law where, in the opinion of the Minister, the foreign country has made a significant contribution to the recovery of those proceeds or to the investigation or prosecution of the unlawful activity.
executive officer, in relation to a financial institution or a corporation, means any person, by whatever name called and whether or not he or she is a director of the institution or corporation, who is concerned, or takes part, in the management of the institution or corporation.
facsimile copy means a copy obtained by facsimile transmission.
financial institution means:
(a) an ADI; or
(b) a co‑operative housing society; or
(d) a body corporate that is, or that, if it had been incorporated in Australia, would be, a financial corporation within the meaning of paragraph 51(xx) of the Constitution.
fixed term deposit means an interest bearing deposit lodged for a fixed period.
foreign forfeiture order has the same meaning as in the Mutual Assistance Act.
foreign pecuniary penalty order has the same meaning as in the Mutual Assistance Act.
foreign restraining order has the same meaning as in the Mutual Assistance Act.
foreign serious offence has the same meaning as in the Mutual Assistance Act.
forfeiture order means an order under subsection 19(1).
GBE means a prescribed government business enterprise.
indictable offence means an offence against a law of the Commonwealth, or a law of a Territory, that may be dealt with as an indictable offence (even if it may, in some circumstances, be dealt with as a summary offence).
interest, in relation to property, means:
(a) a legal or equitable estate or interest in the property; or
(b) a right, power or privilege in connection with the property;
whether present or future and whether vested or contingent.
interstate forfeiture order means an order that is made under a corresponding law and is of a kind declared by the regulations to be within this definition.
interstate indictable offence means an offence against a law of a State, being an offence in relation to which an interstate forfeiture order or an interstate pecuniary penalty order may be made under a corresponding law of that State.
interstate pecuniary penalty order means an order that is made under a corresponding law and is of a kind declared by the regulations to be within this definition.
interstate restraining order means an order that is made under a corresponding law and is of a kind declared by the regulations to be within this definition.
law enforcement authority means the Australian Federal Police or the ACC.
magistrate includes a justice of the peace.
magistrate’s court means a court of summary jurisdiction constituted by a Stipendiary Magistrate, a Police Magistrate or a Special Magistrate.
Mutual Assistance Act means the Mutual Assistance in Criminal Matters Act 1987.
narcotic substance means:
(a) a narcotic substance within the meaning of the Customs Act; or
(b) a substance declared by the regulations to be a substance to which this definition applies.
officer means a director, secretary, executive officer or employee.
Official Trustee means the Official Trustee in Bankruptcy.
ordinary indictable offence means an indictable offence that is not a serious offence.
pecuniary penalty order means an order under subsection 26(1).
penalty amount, in relation to a pecuniary penalty order against a person, means the amount that the person is liable to pay the Commonwealth under the order.
petition means a petition under the Bankruptcy Act.
police officer means:
(a) an AFP member; or
(b) a member of the police force of a State or Territory.
premises includes:
(a) a structure, building, aircraft, vehicle or vessel;
(b) a place (whether enclosed or built upon or not); and
(c) a part of premises (including premises of a kind referred to in paragraph (a) or (b)).
prescribed officer means an SES employee or acting SES employee in the Department.
prescribed time, in relation to a warrant issued under Division 1 of Part III in relation to property, means:
(a) where an information is laid in respect of the relevant offence either before the warrant is issued or within 48 hours after the warrant is issued—the day that is one month after the date of the issue of the warrant; or
(b) in any other case—the time that is 48 hours after the time of the issue of the warrant.
proceeds, in relation to an offence, means any property that is derived or realised, directly or indirectly, by any person from the commission of the offence.
proceeds of confiscated assets means the following:
(a) the remainder of the proceeds referred to in paragraph 9A(c) of the Crimes Act 1914;
(b) the money referred to in paragraph 208DA(3)(a) of the Customs Act 1901;
(c) the remainder of the proceeds referred to in paragraph 208DA(3)(b) of the Customs Act 1901;
(d) the amount referred to in subsection 243B(4) of the Customs Act 1901;
(e) the remainder of the money referred to in paragraph 243G(6)(a) of the Customs Act 1901;
(f) the remainder of the proceeds referred to in paragraph 243G(6)(b) of the Customs Act 1901;
(g) the remainder of the money referred to in subparagraph 20(3)(b)(i);
(h) the remainder of the proceeds referred to in subparagraph 20(3)(b)(ii);
(i) the amount referred to in subsection 26(8);
(j) the remainder of the money referred to in subparagraph 30(4)(b)(i);
(k) the remainder of the proceeds referred to in subparagraph 30(4)(b)(ii);
(l) an amount referred to in subsection 33(1) or (2);
(m) an amount referred to in paragraph 34(f);
(n) the remainder of the money referred to in paragraph 49(6)(a);
(o) the remainder of the proceeds referred to in paragraph 49(6)(b);
(p) the remainder of the money referred to in paragraph 63(4)(a);
(q) the remainder of the proceeds referred to in paragraph 63(4)(b).
production order means an order under section 66.
property means real or personal property of every description, whether situated in Australia or elsewhere and whether tangible or intangible and includes an interest in any such real or personal property.
property‑tracking document, in relation to an offence, means:
(a) a document relevant to:
(i) identifying, locating or quantifying property of a person who committed the offence; or
(ii) identifying or locating any document necessary for the transfer of property of a person who committed the offence; or
(b) a document relevant to:
(i) identifying, locating or quantifying tainted property in relation to the offence; or
(ii) identifying or locating any document necessary for the transfer of tainted property in relation to the offence.
registrable property means property title to which is passed by registration on a register kept pursuant to a provision of any law of the Commonwealth or of a State or Territory.
relevant application period, in relation to a person’s conviction of an indictable offence, means the period of 6 months after:
(a) where the person is to be taken to have been convicted of the offence by reason of paragraph 5(1)(a)—the day on which the person was convicted of the offence;
(b) where the person is to be taken to have been convicted of the offence by reason of paragraph 5(1)(b)—the day on which the person was discharged without conviction;
(c) where the person is to be taken to have been convicted of the offence by reason of paragraph 5(1)(c)—the day on which the court took the offence into account in passing sentence for the other offence referred to in that paragraph; or
(d) where the person is to be taken to have been convicted of the offence by reason of paragraph 5(1)(d)—the day on which the person is to be taken to have absconded in connection with the offence.
relevant offence, in relation to tainted property, means an offence by reason of the commission of which the property is tainted property.
relevant Supreme Court means:
(a) in relation to property seized under a warrant issued under Division 1 of Part III—the Supreme Court of the State or Territory in which an information in respect of the relevant offence has been, or is to be, laid;
(b) in relation to property seized under section 38—the Supreme Court of the State or Territory in which an information in respect of the relevant offence has been laid; or
(c) in relation to a person’s conviction of an offence or the charging, or proposed charging, of a person with an offence—the Supreme Court of the State or Territory in which the person has been convicted or has been, or is to be, charged with the offence.
restraining order means an order under subsection 43(2).
State includes the Australian Capital Territory and the Northern Territory.
State indictable offence means an offence against a law of a State that may be dealt with as an indictable offence (even if it may, in some circumstances, be dealt with as a summary offence).
suspended funds means amounts standing to the credit of the Confiscated Assets Special Account that is:
(a) identified as suspended funds in accordance with the regulations (other than such money as is identified by the Official Trustee under subsection 34E(3) as distributable funds); or
(b) identified by the Official Trustee under subsection 34E(2) as suspended funds.
tainted property, in relation to an offence, means:
(a) property used in, or in connection with, the commission of the offence; or
(b) proceeds of the offence;
and when used without reference to a particular offence means tainted property in relation to an indictable offence.
Territory does not include the Australian Capital Territory or the Northern Territory.
unlawful activity means an act or omission that constitutes an offence against a law in force in the Commonwealth, a State, a Territory or a foreign country.
(2) A reference in this Act to a person being charged with an offence is a reference to an information being laid against the person for the offence whether or not: (a) a summons to require the attendance of the person to answer the information has been issued; or (b) a warrant for the apprehension of the person has been issued. (3) A reference in this Act to a benefit derived by a person includes a reference to: (a) a benefit derived, directly or indirectly, by the person; and (b) a benefit derived, directly or indirectly, by another person at the request or direction of the first person. (3A) For the purposes of this Act, in determining whether a person has derived substantial benefit from the commission of 2 or more public fraud offences, have regard to the aggregate of the benefits derived by the person from the commission of those offences. (4) A reference in this Act to the property of a person includes a reference to property in respect of which the person has the beneficial interest. (5) A reference in this Act to a criminal offence is a reference to an offence against a law of the Commonwealth or of a Territory. (6) Without prejudice to its effect by virtue of subsection (5), this Act has effect as if a reference in this Act to a criminal offence included a reference to an offence against a law of a State. (7) A reference in this Act to acquiring property, or an interest in property, for sufficient consideration is a reference to acquiring the property or the interest for a consideration that is sufficient and that, having regard solely to commercial considerations, reflects the value of the property or the interest. (8) For the purposes of this Act, a person shall not be regarded as a director within the meaning of paragraph (c) of the definition of director in subsection (1) by reason only that the directors act on advice given by that person in the proper performance of the functions attaching to his or her professional capacity or to his or her business relationship with the directors of the financial institution or corporation, as the case may be.
(1) For the purposes of this Act, a person shall be taken to be convicted of an offence if: (a) the person is convicted, whether summarily or on indictment, of the offence; (b) the person is charged with, and found guilty of, the offence but is discharged without conviction; (c) a court, with the consent of the person, takes the offence, of which the person has not been found guilty, into account in passing sentence on the person for another offence; or (d) the person absconds in connection with the offence. (2) For the purposes of this Act, a person’s conviction of an offence shall be taken to be quashed: (a) where the person is to be taken to have been convicted of the offence by reason of paragraph (1)(a)—if the conviction is quashed or set aside; (b) where the person is to be taken to have been convicted of the offence by reason of paragraph (1)(b)—if the finding of guilt is quashed or set aside; (c) where the person is to be taken to have been convicted of the offence by reason of paragraph (1)(c)—if either of the following events occur: (i) the person’s conviction of the other offence referred to in that paragraph is quashed or set aside; (ii) the decision of the court to take the offence into account in passing sentence for that other offence is quashed or set aside; or (d) where the person is to be taken to have been convicted of the offence by reason of paragraph (1)(d)—if, after the person is brought before a court in respect of the offence, the person is discharged in respect of the offence or a conviction of the person for the offence is quashed or set aside. (3) For the purposes of this Act, a person shall be taken to have been convicted of an offence in a particular State or Territory if: (a) where the person is to be taken to have been convicted of the offence by reason of paragraph (1)(a)—the person was convicted of the offence in a court in that State or Territory; (b) where the person is to be taken to have been convicted of the offence by reason of paragraph (1)(b)—the person was discharged without conviction by a court in that State or Territory; (c) where the person is to be taken to have been convicted of the offence by reason of paragraph (1)(c)—the offence was taken into account by a court in that State or Territory in passing sentence on the person for the other offence referred to in that paragraph; or (d) where the person is to be taken to have been convicted of the offence by reason of paragraph (1)(d)—the information alleging the commission of the offence by the person was laid in that State or Territory. (4) For the purposes of this Act, where a person is to be taken to have been convicted of an offence in a particular State or Territory by reason of paragraph (3)(d), the person shall be taken to have been so convicted before the Supreme Court of that State or Territory. (5) A reference in this Act, in relation to a person’s conviction of an offence, to the commission of the offence shall, where the person is to be taken to have been convicted of the offence by reason of paragraph (1)(d), be read as a reference to the alleged commission of the offence by the person. (6) This section does not apply to a foreign serious offence.
For the purposes of this Act (except section 17), a person shall be taken to abscond in connection with an offence if and only if: (a) an information is laid alleging the commission of the offence by the person; (b) a warrant for the arrest of the person is issued in relation to that information; and (c) one of the following occurs: (i) the person dies without the warrant being executed; (ii) at the end of the period of 6 months commencing on the day on which the warrant is issued:
(A) the person cannot be found; or
(B) the person is, for any other reason, not amenable to justice and, if the person is outside Australia, extradition proceedings are not on foot;
(iii) at the end of the period of 6 months commencing on the day on which the warrant is issued:
(A) the person is, by reason of being outside Australia, not amenable to justice; and
(B) extradition proceedings are on foot;
and subsequently those proceedings terminate without an order for the person’s extradition being made.
(1) In this Act:
public fraud offence means any of the following:
(a) an offence against section 134.1, 134.2, 135.1 or 135.4 of the Criminal Code;
(b) an offence against repealed section 29D or 86A of the Crimes Act committed after the commencement of this Act;
(c) an offence against section 5, 6, 7 or 8 of the Crimes (Taxation Offences) Act 1980 committed after the commencement of this Act;
(d) an ancillary offence in relation to an offence covered by paragraph (b) or (c).
serious offence means:
(a) a serious narcotics offence; or
(b) a money laundering offence in relation to the proceeds of a serious narcotics offence; or
(c) an ancillary offence in relation to an offence covered by paragraph (a) or (b); or
(d) an offence that is the subject of a declaration under section 96A.
(1A) Paragraph (d) of the definition of serious offence in subsection (1) has effect subject to subsections 96A(2), (4) and (6). (2) In this section:
ancillary offence, in relation to an offence (in this definition called the main offence), means:
(a) an offence of conspiring to commit the main offence;
(b) an offence of aiding, abetting, counselling or procuring, or being in any way knowingly concerned in, the commission of the main offence;
(c) an offence of receiving or assisting another person in order to enable the person to escape punishment for, or to dispose of the proceeds of, the main offence; or
(d) an offence of attempting to commit the main offence.
money laundering offence means an offence against section 81.
possession includes possession for supply.
production includes growing and manufacture.
serious narcotics offence means an offence:
(a) constituted by the production, possession, supply, importation or export of a narcotic substance; and
(b) involving a quantity of the narcotic substance that is equal to or greater than the trafficable quantity applicable to the narcotic substance.
trafficable quantity, in relation to a narcotic substance, means:
(a) if paragraph (b) does not apply—a trafficable quantity of the substance within the meaning of the Customs Act; or
(b) if the law against which the offence is committed is not the Customs Act and that law includes references to trafficable quantity—a trafficable quantity of the substance within the meaning of that law.
(3) To avoid doubt, express references in this section to ancillary offences do not imply that section 11.6 of the Criminal Code has no application to a particular provision of this Act.
For the purposes of this Act, 2 offences are related to one another if the elements of the 2 offences are substantially the same acts or omissions.
For the purposes of this Act, dealing with property of a person includes: (a) if a debt is owed to that person—making a payment to any person in reduction of the amount of the debt; (b) removing the property from Australia; and (c) receiving or making a gift of the property.
(1) Property, or an interest in property, may be subject to the effective control of a person within the meaning of this Act whether or not the person has: (a) a legal or equitable estate or interest in the property; or (b) a right, power or privilege in connection with the property. (2) Without limiting the generality of any other provision of this Act, in determining: (a) whether or not property, or an interest in property, is subject to the effective control of a person; or (b) whether or not there are reasonable grounds to believe that property, or an interest in property, is subject to the effective control of a person; regard may be had to: (c) shareholdings in, debentures over or directorships of a company that has an interest (whether direct or indirect) in the property; (d) a trust that has a relationship to the property; and (e) family, domestic and business relationships between persons having an interest in the property, or in companies of the kind referred to in paragraph (c) or trusts of the kind referred to in paragraph (d), and other persons.
(1) Where a person is convicted of an offence before the Supreme Court of a State or Territory, that Supreme Court is the appropriate court in relation to the conviction. (2) Where a person is convicted of an offence before any other court of a State or Territory, the court before which the person was convicted and the Supreme Court of that State or Territory are both appropriate courts in relation to the conviction.
(1) This Act binds the Crown in each of its capacities. (2) This Act does not make the Crown liable to be prosecuted for an offence.
This Act applies throughout the whole of Australia and also applies outside Australia.
(1) Subject to subsection (2), Parts II and III (other than section 59) do not apply to a person’s conviction of an offence if the person was convicted of the offence before the commencement of this Act. (2) Subsection (1) does not apply in relation to interstate forfeiture orders, interstate pecuniary penalty orders, interstate restraining orders, foreign forfeiture orders, foreign pecuniary penalty orders or foreign restraining orders. (3) Subject to subsection (1) this Act applies to: (a) an offence committed, or believed to have been committed, at any time (whether before or after the commencement of this Act); and (b) a person’s conviction at any time of an offence (whether before or after the commencement of this Act).
Chapter 2 of the Criminal Code (except Part 2.5) applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act may be cited as the Proceeds of Crime Act 1987.
This Act shall come into operation on the day on which it receives the Royal Assent.
(1) The principal objects of this Act are: (a) to deprive persons of the proceeds of, and benefits derived from, the commission of offences against the laws of the Commonwealth or the Territories; (b) to provide for the forfeiture of property used in or in connection with the commission of such offences; and (c) to enable law enforcement authorities effectively to trace such proceeds, benefits and property. (2) The objects of this Act include the objects of: (a) providing for the enforcement in the Territories of forfeiture orders, pecuniary penalty orders and restraining orders made in respect of offences against the laws of the States; (b) facilitating the enforcement in Australia, pursuant to the Mutual Assistance Act, of forfeiture orders, pecuniary penalty orders and restraining orders made in respect of foreign serious offences; and (c) assisting foreign countries, pursuant to the Mutual Assistance Act, to trace the proceeds of, benefits derived from and property used in or in connection with the commission of foreign serious offences.
(1) In this Act, unless the contrary intention appears:
ACC means the Australian Crime Commission.
account means any facility or arrangement through which a financial institution accepts deposits or allows withdrawals and includes a facility or arrangement for:
(a) a fixed term deposit; and
(b) a safety deposit box.
ADI (authorised deposit‑taking institution) means:
(a) a body corporate that is an ADI for the purposes of the Banking Act 1959; or
(b) the Reserve Bank of Australia; or
(c) a person who carries on State banking within the meaning of paragraph 51(xiii) of the Constitution.
AFP member means a member or special member of the Australian Federal Police.
agent includes, if the agent is a corporation, the officers and agents of the corporation.
appropriate officer means the DPP or a person in a class of persons declared by the regulations to be within this definition.
approved means approved by the Minister in writing for the purposes of the provision in which the term occurs.
Australia, when used in a geographical sense, includes the external Territories.
Bankruptcy Act means the Bankruptcy Act 1966.
benefit includes service or advantage.
commencement of the Proceeds of Crime Act 2002 means the commencement of sections 3 to 338 of the Proceeds of Crime Act 2002.
Commissioner means the Commissioner of the Australian Federal Police.
Confiscated Assets Special Account means the Account continued in existence under section 34A.
confiscation order means a forfeiture order or a pecuniary penalty order.
co‑operative housing society means a society registered or incorporated as a co‑operative housing society or similar society under a law of a State or Territory.
corresponding law means a law of a State that is declared by the regulations to be a law that corresponds to this Act.
Crimes Act means the Crimes Act 1914.
criminal investigation, in relation to a foreign serious offence, has the same meaning as in the Mutual Assistance Act.
criminal proceeding, in relation to a foreign serious offence, has the same meaning as in the Mutual Assistance Act.
Customs Act means the Customs Act 1901.
Customs officer means an officer of Customs within the meaning of the Customs Act.
director, in relation to a financial institution or a corporation, means:
(a) if the institution or corporation is a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory—a constituent member of the body corporate;
(b) any person occupying or acting in the position of director of the institution or corporation, by whatever name called and whether or not validly appointed to occupy or duly authorised to act in the position; and
(c) any person in accordance with whose directions or instructions the directors of the institution or corporation are accustomed to act.
distributable funds means amounts standing to the credit of the Confiscated Assets Special Account that is:
(a) identified as distributable funds in accordance with the regulations (other than such money as is identified by the Official Trustee under subsection 34E(2) as suspended funds); or
(b) identified by the Official Trustee under subsection 34E(3) as distributable funds.
DPP means the Director of Public Prosecutions.
encumbrance, in relation to property, includes any interest, mortgage, charge, right, claim or demand in respect of the property.
equitable sharing program means an arrangement under which any or all of the following happen:
(a) the Commonwealth shares with a participating State a proportion of any proceeds of any unlawful activity recovered under a Commonwealth law, where, in the opinion of the Minister, that State has made a significant contribution to the recovery of those proceeds or to the investigation or prosecution of the relevant unlawful activity;
(b) each participating State shares with the Commonwealth any proceeds resulting from a breach of the criminal law of that State where, in the opinion of the appropriate Minister of that State, officers of a law enforcement agency of the Commonwealth have made a significant contribution to the recovery of those proceeds;
(c) the Commonwealth shares with a foreign country a proportion of any proceeds of any unlawful activity recovered under a Commonwealth law where, in the opinion of the Minister, the foreign country has made a significant contribution to the recovery of those proceeds or to the investigation or prosecution of the unlawful activity.
executive officer, in relation to a financial institution or a corporation, means any person, by whatever name called and whether or not he or she is a director of the institution or corporation, who is concerned, or takes part, in the management of the institution or corporation.
facsimile copy means a copy obtained by facsimile transmission.
financial institution means:
(a) an ADI; or
(b) a co‑operative housing society; or
(d) a body corporate that is, or that, if it had been incorporated in Australia, would be, a financial corporation within the meaning of paragraph 51(xx) of the Constitution.
fixed term deposit means an interest bearing deposit lodged for a fixed period.
foreign forfeiture order has the same meaning as in the Mutual Assistance Act.
foreign pecuniary penalty order has the same meaning as in the Mutual Assistance Act.
foreign restraining order has the same meaning as in the Mutual Assistance Act.
foreign serious offence has the same meaning as in the Mutual Assistance Act.
forfeiture order means an order under subsection 19(1).
GBE means a prescribed government business enterprise.
indictable offence means an offence against a law of the Commonwealth, or a law of a Territory, that may be dealt with as an indictable offence (even if it may, in some circumstances, be dealt with as a summary offence).
interest, in relation to property, means:
(a) a legal or equitable estate or interest in the property; or
(b) a right, power or privilege in connection with the property;
whether present or future and whether vested or contingent.
interstate forfeiture order means an order that is made under a corresponding law and is of a kind declared by the regulations to be within this definition.
interstate indictable offence means an offence against a law of a State, being an offence in relation to which an interstate forfeiture order or an interstate pecuniary penalty order may be made under a corresponding law of that State.
interstate pecuniary penalty order means an order that is made under a corresponding law and is of a kind declared by the regulations to be within this definition.
interstate restraining order means an order that is made under a corresponding law and is of a kind declared by the regulations to be within this definition.
law enforcement authority means the Australian Federal Police or the ACC.
magistrate includes a justice of the peace.
magistrate’s court means a court of summary jurisdiction constituted by a Stipendiary Magistrate, a Police Magistrate or a Special Magistrate.
Mutual Assistance Act means the Mutual Assistance in Criminal Matters Act 1987.
narcotic substance means:
(a) a narcotic substance within the meaning of the Customs Act; or
(b) a substance declared by the regulations to be a substance to which this definition applies.
officer means a director, secretary, executive officer or employee.
Official Trustee means the Official Trustee in Bankruptcy.
ordinary indictable offence means an indictable offence that is not a serious offence.
pecuniary penalty order means an order under subsection 26(1).
penalty amount, in relation to a pecuniary penalty order against a person, means the amount that the person is liable to pay the Commonwealth under the order.
petition means a petition under the Bankruptcy Act.
police officer means:
(a) an AFP member; or
(b) a member of the police force of a State or Territory.
premises includes:
(a) a structure, building, aircraft, vehicle or vessel;
(b) a place (whether enclosed or built upon or not); and
(c) a part of premises (including premises of a kind referred to in paragraph (a) or (b)).
prescribed officer means an SES employee or acting SES employee in the Department.
prescribed time, in relation to a warrant issued under Division 1 of Part III in relation to property, means:
(a) where an information is laid in respect of the relevant offence either before the warrant is issued or within 48 hours after the warrant is issued—the day that is one month after the date of the issue of the warrant; or
(b) in any other case—the time that is 48 hours after the time of the issue of the warrant.
proceeds, in relation to an offence, means any property that is derived or realised, directly or indirectly, by any person from the commission of the offence.
proceeds of confiscated assets means the following:
(a) the remainder of the proceeds referred to in paragraph 9A(c) of the Crimes Act 1914;
(b) the money referred to in paragraph 208DA(3)(a) of the Customs Act 1901;
(c) the remainder of the proceeds referred to in paragraph 208DA(3)(b) of the Customs Act 1901;
(d) the amount referred to in subsection 243B(4) of the Customs Act 1901;
(e) the remainder of the money referred to in paragraph 243G(6)(a) of the Customs Act 1901;
(f) the remainder of the proceeds referred to in paragraph 243G(6)(b) of the Customs Act 1901;
(g) the remainder of the money referred to in subparagraph 20(3)(b)(i);
(h) the remainder of the proceeds referred to in subparagraph 20(3)(b)(ii);
(i) the amount referred to in subsection 26(8);
(j) the remainder of the money referred to in subparagraph 30(4)(b)(i);
(k) the remainder of the proceeds referred to in subparagraph 30(4)(b)(ii);
(l) an amount referred to in subsection 33(1) or (2);
(m) an amount referred to in paragraph 34(f);
(n) the remainder of the money referred to in paragraph 49(6)(a);
(o) the remainder of the proceeds referred to in paragraph 49(6)(b);
(p) the remainder of the money referred to in paragraph 63(4)(a);
(q) the remainder of the proceeds referred to in paragraph 63(4)(b).
production order means an order under section 66.
property means real or personal property of every description, whether situated in Australia or elsewhere and whether tangible or intangible and includes an interest in any such real or personal property.
property‑tracking document, in relation to an offence, means:
(a) a document relevant to:
(i) identifying, locating or quantifying property of a person who committed the offence; or
(ii) identifying or locating any document necessary for the transfer of property of a person who committed the offence; or
(b) a document relevant to:
(i) identifying, locating or quantifying tainted property in relation to the offence; or
(ii) identifying or locating any document necessary for the transfer of tainted property in relation to the offence.
registrable property means property title to which is passed by registration on a register kept pursuant to a provision of any law of the Commonwealth or of a State or Territory.
relevant application period, in relation to a person’s conviction of an indictable offence, means the period of 6 months after:
(a) where the person is to be taken to have been convicted of the offence by reason of paragraph 5(1)(a)—the day on which the person was convicted of the offence;
(b) where the person is to be taken to have been convicted of the offence by reason of paragraph 5(1)(b)—the day on which the person was discharged without conviction;
(c) where the person is to be taken to have been convicted of the offence by reason of paragraph 5(1)(c)—the day on which the court took the offence into account in passing sentence for the other offence referred to in that paragraph; or
(d) where the person is to be taken to have been convicted of the offence by reason of paragraph 5(1)(d)—the day on which the person is to be taken to have absconded in connection with the offence.
relevant offence, in relation to tainted property, means an offence by reason of the commission of which the property is tainted property.
relevant Supreme Court means:
(a) in relation to property seized under a warrant issued under Division 1 of Part III—the Supreme Court of the State or Territory in which an information in respect of the relevant offence has been, or is to be, laid;
(b) in relation to property seized under section 38—the Supreme Court of the State or Territory in which an information in respect of the relevant offence has been laid; or
(c) in relation to a person’s conviction of an offence or the charging, or proposed charging, of a person with an offence—the Supreme Court of the State or Territory in which the person has been convicted or has been, or is to be, charged with the offence.
restraining order means an order under subsection 43(2).
State includes the Australian Capital Territory and the Northern Territory.
State indictable offence means an offence against a law of a State that may be dealt with as an indictable offence (even if it may, in some circumstances, be dealt with as a summary offence).
suspended funds means amounts standing to the credit of the Confiscated Assets Special Account that is:
(a) identified as suspended funds in accordance with the regulations (other than such money as is identified by the Official Trustee under subsection 34E(3) as distributable funds); or
(b) identified by the Official Trustee under subsection 34E(2) as suspended funds.
tainted property, in relation to an offence, means:
(a) property used in, or in connection with, the commission of the offence; or
(b) proceeds of the offence;
and when used without reference to a particular offence means tainted property in relation to an indictable offence.
Territory does not include the Australian Capital Territory or the Northern Territory.
unlawful activity means an act or omission that constitutes an offence against a law in force in the Commonwealth, a State, a Territory or a foreign country.
(2) A reference in this Act to a person being charged with an offence is a reference to an
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