(i) to amend the Sentencing Act 1991 to provide for the sentencing of continuing criminal enterprise offenders; (j) to repeal the Crimes (Confiscation of Profits) Act 1986; (k) to make consequential amendments to certain other Acts. 2 Commencement s. 2 (1) This Part comes into operation on the day on which this Act receives the Royal Assent. (2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (3) If a provision referred to in subsection (2) does not come into operation before 1 January 1999, it comes into operation on that day. S. 3 amended by No. 63/2003 s. 5(2) (ILA s. 39B(1)). 3 Definitions (1) 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) a fixed term deposit; and (b) a safety deposit box; S. 3(1) def. of accused inserted by No. 68/2009 s. 97(Sch. item 23.1). accused, in relation to an offence, means the person who— (a) has been or will be charged with the offence; or (b) has been convicted of the offence— and in respect of whom an application is made under this Act;
S. 3(1) def. of business day inserted by No. 68/2010 s. 4(2). business day means a day other than a Saturday, a Sunday or a public holiday appointed under the Public Holidays Act 1993; cash dealer has the same meaning as in the Financial Transaction Reports Act 1988 of the Commonwealth; S. 3(1) def. of civil forfeiture substituted by No. 68/2010 s. 35(2)(a). civil forfeiture means forfeiture under, or in accordance with, Part 4; S. 3(1) def. of civil forfeiture exclusion order inserted by No. 68/2010 s. 35(1). civil forfeiture exclusion order means— (a) a section 36V exclusion order; or (b) a section 40B exclusion order; S. 3(1) def. of civil forfeiture offence amended by No. 104/2003 s. 5(2), repealed by No. 87/2004 s. 5(b). * * * * * s. 3 S. 3(1) def. of civil forfeiture order substituted by No. 68/2010 s. 35(2)(b). civil forfeiture order means an order for forfeiture made under Division 2 of Part 4; S. 3(1) def. of civil forfeiture restraining order inserted by No. 68/2010 s. 35(1). civil forfeiture restraining order means an order made under section 36M; conversion costs means costs referred to in section 135;
S. 3(1) def. of legal practitioner inserted by No. 18/2005 s. 18(Sch. 1 item 17.1). legal practitioner means an Australian legal practitioner within the meaning of the Legal Profession Act 2004; monitoring order means an order made under section 116; S. 3(1) def. of occupier inserted by No. 63/2003 s. 5(1). occupier, in Part 11A, means a person who appears to be an occupier of, or to be in charge of, the premises and to be aged 18 years or more; s. 3 pecuniary penalty order means an order made under Part 8; S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 25.1(a)). police officer has the same meaning as in the Victoria Police Act 2013; S. 3(1) def. of premises amended by No. 63/2003 s. 4(4). premises includes vessel, aircraft, vehicle and any place (other than a public place), whether built upon or not; 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; production order means an order made under section 101; property means real or personal property of every description, whether situated within or outside and whether tangible or intangible, and includes any interest in any such real or personal property; property-tracking document means—
(b) section 72 (cultivation of narcotic plants—large commercial quantity); s. 3 (c) section 79(1) or 80(3)(a) (conspiracy)—where the conspiracy is to commit an offence specified in paragraph (a) or (b); (d) section 80(1) or 80(3)(b) (aiding and abetting etc.)—where the offence that is aided, abetted, counselled, procured, solicited or incited is an offence specified in paragraph (a) or (b); S. 3(1) def. of serious drug offence restraining order inserted by No. 55/2014 s. 17(c). serious drug offence restraining order means a restraining order made under section 18 for the purpose referred to in section 15(1)(c); S. 3(1) def. of serious drug offender inserted by No. 55/2014 s. 17(c). serious drug offender means a person declared under section 89DI of the Sentencing Act 1991 to be a serious drug offender; S. 3(1) def. of spouse inserted by No. 42/2007 s. 4(1). spouse of a person means a person to whom that person is married; S. 3(1) def. of sufficient consideration inserted by No. 42/2007 s. 4(3). sufficient consideration, in relation to property, means consideration that reflects the market value of the property and does not include— (a) consideration arising from the fact of a family relationship between the transferor and transferee; (b) if the transferor is the spouse or domestic partner of the transferee, the making of a deed in favour of the transferee; s. 3
S. 6 (Heading) inserted by No. 68/2009 s. 97(Sch. item 23.7). S. 6 amended by No. 68/2009 s. 97(Sch. item 23.8(a)). 6 Meaning of setting aside a conviction s. 6 For the purposes of this Act, a conviction is deemed to have been set aside— S. 6(a) amended by No. 68/2009 s. 97(Sch. item 23.8(b)). (a) where the person is deemed to have been convicted by reason of section 4(1)(a)—if the conviction is set aside or a free pardon is granted by the Governor; or S. 6(b) amended by No. 68/2009 s. 97(Sch. item 23.8(b)). (b) where the person is deemed to have been convicted by reason of section 4(1)(b)—if the finding of guilt is set aside; or S. 6(c) amended by No. 68/2009 s. 97(Sch. item 23.8(b)). (c) where the person is deemed to have been convicted by reason of section 4(1)(c)—if the decision of the court to take the offence into account is set aside. 7 Meaning of charged with an offence s. 7 (1) For the purposes of this Act, a person is deemed to have been charged with an offence if— S. 7(1)(a) substituted by No. 68/2009 s. 97(Sch. item 23.9). (a) an indictment has been filed against the person for the offence; or (b) a charge has been filed against the person for the offence— whether or not— (i) a summons to answer to the charge; or
(b) removing the property from ; and (c) receiving or making a gift of the property; and S. 11(d) amended by No. 43/1998 s. 9. (d) creating or assigning an interest in the property; and S. 11(e) inserted by No. 43/1998 s. 9. (e) using the property to obtain or extend credit; and S. 11(f) inserted by No. 43/1998 s. 9. (f) using credit secured against the property. Note to s. 11 inserted by No. 42/2007 s. 18(Sch. item 1). Note Property is defined as including any interest in property: see section 3(1). 12 Jurisdiction (1) The jurisdiction given to the Children's Court by this Act is exercisable by the Criminal Division of that Court. S. 12(1A) inserted by No. 63/2003 s. 6. (1A) Despite the jurisdictional limit of the Magistrates' Court in civil proceedings, the Magistrates' Court may make a freezing order in respect of an account held with a financial institution, irrespective of the amount held in that account. (2) The Magistrates' Court or the Children's Court must not make a restraining order or a forfeiture order in respect of real property. s. 12 (3) The Magistrates' Court or the Children's Court must not, in relation to a particular offence, make a restraining order in respect of property unless it
S. 16(4)(c) amended by No. 68/2009 s. 97(Sch. item 23.16). (c) in the case of an application made in reliance on the proposed charging of the accused with an offence, that the accused will be so charged within the next 48 hours; and S. 16(4)(d) amended by No. 68/2009 s. 97(Sch. item 23.16), substituted by No. 55/2014 s. 20(3)(b). s. 16 (d) that— (i) in the case of an application under subsection (1) or (2)—the accused has an interest in the property or the property is tainted property (as the case may be); and (ii) in the case of an application under subsection (2A)—the accused has an interest in the property; and (e) if the restraining order is being sought for a purpose referred to in paragraph (a), (d) or (e) of section 15(1), that— (i) a forfeiture order may be made in respect of the property; or S. 16(4)(e)(ii) amended by No. 68/2009 s. 97(Sch. item 23.16). (ii) a pecuniary penalty order may be made against the accused; or (iii) an order for restitution or compensation may be made under the Sentencing Act 1991. S. 16(5) inserted by No. 87/2004 s. 8(4), substituted by No. 68/2010 s. 41(2). (5) An application for a civil forfeiture restraining order in relation to property or an interest in property does not preclude an application under this section in relation to the same property or interest in property. S. 16(6) inserted by No. 68/2010 s. 7, amended by No. 55/2014 s. 20(4). (6) An application under subsection (1), (2) or (2A) in relation to property or an interest in property may be made more than once, whether on the same
S. 21 amended by Nos 87/2004 s. 22(1)(b), 68/2010 s. 14(1) (ILA s. 39B(1)), 68/2010 s. 43. s. 21 (1) On an application made under section 20, where the restraining order has been made in relation to a Schedule 1 offence (other than for a purpose referred to in section 15(1)(b))— S. 21(a) amended by No. 42/2007 s. 5(1)(a). (a) if the court is satisfied that the property in which the applicant claims an interest— (i) is not tainted property; and (ii) will not be required to satisfy any purpose for which the restraining order was made— the court may make an order excluding the applicant's interest in the property from the operation of the restraining order; or S. 21(b) amended by No. 68/2009 s. 97(Sch. item 23.19). (b) if the applicant is a person other than the accused and— S. 21(b)(i) amended by No. 42/2007 s. 5(1)(b). (i) the court is not satisfied as specified in paragraph (a)(i), the court may make an order excluding the applicant's interest in the property from the operation of the restraining order if satisfied that— S. 21(b)(i)(A) amended by No. 87/2004 s. 22(1)(b). (A) the applicant was not, in any way, involved in the commission of the Schedule 1 offence; and S. 21(b)(i)(B) amended by Nos 87/2004 s. 22(1)(b), 68/2009 s. 97(Sch. item 23.19). (B) where the applicant acquired the interest before the commission, or alleged commission, of the Schedule 1 offence, the applicant did not know that the accused would use, or intended to use, the property in, or in connection with,
(iii) the property will not be required to satisfy any pecuniary penalty order or an order for restitution or compensation under the Sentencing Act 1991; or S. 22(b) amended by Nos 42/2007 s. 6(1)(b), 68/2009 s. 97(Sch. item 23.20). (b) where the application is made by a person other than the accused, the court may make an order excluding the applicant's interest in the property from the operation of the restraining order— S. 22(b)(i) amended by No. 42/2007 s. 6(3). (i) if the court is not satisfied that the property in which the person claims an interest is not tainted property or derived property but is satisfied that— S. 22(b)(i)(A) amended by No. 87/2004 s. 11(c). (A) the applicant was not, in any way, involved in the commission of the Schedule 2 offence; and S. 22(b)(i)(B) amended by Nos 87/2004 s. 11(c), 68/2009 s. 97(Sch. item 23.20). (B) where the applicant acquired the interest before the commission, or alleged commission, of the Schedule 2 offence, the applicant did not know that the accused would use, or intended to use, the property in, or in connection with, the commission of the Schedule 2 offence; and s. 22 S. 22(b)(i)(C) amended by Nos 87/2004 s. 11(c), 42/2007 s. 6(3). (C) where the applicant acquired the interest at the time of or after the commission, or alleged commission, of the Schedule 2 offence, the applicant acquired the interest without knowing, and in circumstances such as not to arouse a reasonable suspicion, that the property was tainted property or derived property; and
S. 22(b)(i)(D) substituted by No. 42/2007 s. 6(4), amended by No. 68/2009 s. 97(Sch. item 23.20). (D) the applicant's interest in the property was not subject to the effective control of the accused on the earlier of the date that the accused was charged with the Schedule 2 offence or the date that the restraining order was made in relation to the property; and S. 22(b)(i)(E) amended by No. 68/2009 s. 97(Sch. item 23.20). (E) where the applicant acquired the interest from the accused, directly or indirectly, that it was acquired for sufficient consideration; or S. 22(b)(ii) amended by No. 42/2007 s. 6(5)(a). (ii) if the court is satisfied that the property is not tainted property or derived property and that— S. 22(b)(ii)(A) substituted by No. 42/2007 s. 6(5)(b), amended by No. 68/2009 s. 97(Sch. item 23.20). (A) the applicant's interest in the property was not subject to the effective control of the accused on the earlier of the date that the accused was charged with the Schedule 2 offence or the date that the restraining order was made in relation to the property; and S. 22(b)(ii)(B) amended by No. 68/2009 s. 97(Sch. item 23.20). (B) where the applicant acquired the interest from the accused, directly or indirectly, that it was acquired for sufficient consideration; or s. 22 S. 22(c) amended by Nos 42/2007 s. 6(1)(c), 68/2009 s. 97(Sch. item 23.20). (c) where the application is made by the executor or administrator of the estate of a deceased accused, the court may make an order excluding the applicant's interest in the property from the operation of the restraining order if the court is satisfied that— S. 22(c)(i) amended by No. 68/2009 s. 97(Sch. item 23.20). (i) the accused is dead; and
S. 22(c)(ii) amended by Nos 43/1998 s. 12, 68/2009 s. 97(Sch. item 23.20). (ii) there are reasonable grounds to believe that the interest claimed by the estate of the accused was lawfully acquired by the accused; and s. 22 S. 22(c)(iii) substituted by No. 42/2007 s. 6(6). (iii) the property is not derived property; and S. 22(c)(iiia) inserted by No. 42/2007 s. 6(6), amended by No. 68/2010 s. 14(2) (as amended by No. 81/2011 s. 22(5)). (iiia) the property is not tainted property and is not, or will not be, subject to a tainted property substitution declaration under section 36F; and (iv) the property will not be required to satisfy any pecuniary penalty order or an order for restitution or compensation under the Sentencing Act 1991. S. 22(2) inserted by No. 68/2010 s. 14(3). (2) If the court makes an order under subsection (1), the court may also make an order declaring the nature, extent and value of the applicant's interest in the property. S. 22A inserted by No. 55/2014 s. 25. 22A Determination of exclusion application—serious drug offence restraining order s. 22A (1) On an application made under section 20, the court may make an order excluding the applicant's interest in property from the operation of a serious drug offence restraining order made in relation to a serious drug offence if the court is satisfied that— (a) the applicant was not, in any way, involved in the commission of the serious drug offence; and
S. 26(5)(h) amended by No. 55/2014 s. 55(2)(a). (h) if the restraining order directed a trustee or a person holding a prescribed position referred to in section 14(3) to take control of property— S. 26(5)(h)(i) amended by No. 55/2014 s. 55(2)(b). (i) an order regulating the manner in which the trustee or the person holding a prescribed position may exercise powers or perform duties under the restraining order; S. 26(5)(h)(ii) amended by No. 63/2003 s. 9(2)(a). (ii) an order determining any question relating to the property; S. 26(5)(i) inserted by No. 63/2003 s. 9(2)(b). (i) an order directing a person to whose property the restraining order relates or who has an interest in that property to use or manage specified property to which the restraining order relates, subject to conditions specified in the order; S. 26(5)(j) inserted by No. 63/2003 s. 9(2)(b). (j) an order directing a person prescribed for the purposes of subsection (2)(da), if that person so consents, to do any activity specified in the order that is reasonably necessary for the purpose of managing specified property to which the restraining order relates. Example The court may direct the carrying out of repairs on restrained premises. Note to s. 26 inserted by No. 42/2007 s. 18(Sch. item 6). Note Property is defined as including any interest in property: see section 3(1). 27 Duration and setting aside of restraining order
(iv) on the happening of some other specified event— and, when the first-mentioned order takes effect, the restraining order ceases to be in force to the extent to which it is set aside. (8) An order under subsection (4), (5) or (6) may be made on the application of— (a) the applicant for the restraining order; or S. 27(8)(b) amended by No. 68/2009 s. 97(Sch. item 23.22(b)). (b) the accused; or (c) any person to whose property the restraining order relates or who has an interest in that property; or (d) a trustee—if the restraining order directed the trustee to take control of property; or (e) any other person who obtains the leave of the court to apply. S. 27(9) inserted by No. 68/2010 s. 15. (9) A court that makes a restraining order may make an order setting aside the restraining order if the restraining order is no longer required or appropriate. S. 27(10) inserted by No. 68/2010 s. 15. (10) An order under subsection (9) may be made on the application of the applicant for the restraining order. 28 Registration of restraining order s. 28 (1) If— (a) a restraining order applies to property of a particular kind; and (b) any law of Victoria provides for the registration of title to, or encumbrances on,
Note to s. 31 inserted by No. 42/2007 s. 18(Sch. item 10). Note Property is defined as including any interest in property: see section 3(1). __________________ Pt 2A (Heading and ss 31A–31M) inserted by No. 63/2003 s. 10. S. 31A inserted by No. 63/2003 s. 10. 31A Definition s. 31A In this Part— S. 31A def. of authorised member of the police force substituted as authorised police officer by No. 37/2014 s. 10(Sch. item 25.4). authorised police officer means— (a) a person authorised under section 31B; or (b) a person belonging to a class authorised under section 31B. S. 31B inserted by No. 63/2003 s. 10. 31B Chief Commissioner of Police may authorise police to apply for freezing orders For the purposes of applying for a freezing order under this Part, the Chief Commissioner of Police may authorise in writing the following— S. 31B(a) amended by No. 37/2014 s. 10(Sch. item 25.5). (a) a police officer; or
(a) the duration of the freezing order has been extended; and s. 31I (b) the extended freezing order ceases to be in force— S. 31I(3)(b)(i) amended by No. 68/2010 s. 48(2)(c). (i) when a restraining order or a civil forfeiture restraining order is made in respect of the money in the account to which the freezing order applies; or S. 31I(3)(b)(ii) amended by No. 68/2010 s. 48(2)(c). (ii) if a restraining order or a civil forfeiture restraining order is not made in respect of the money in the account to which the freezing order applies, when the financial institution is given notice under subsection (5) that the extended freezing order has ceased to be in force. (4) A written notice under subsection (3) must be given within 6 hours after the Magistrates' Court extends the freezing order. S. 31I(5) amended by No. 68/2010 s. 48(2)(d). (5) If the Magistrates' Court extends the duration of a freezing order and, on the determination of an application for a restraining order or a civil forfeiture restraining order, a restraining order or a civil forfeiture restraining order, as the case requires, is not made in respect of the money in the account to which the freezing order applies, the applicant for the extension of the freezing order must give a written notice to the relevant financial institution stating that the extended freezing order has ceased to be in force. s. 31I S. 31I(6) amended by No. 68/2010 s. 48(2)(e). (6) A written notice under subsection (5) must be given as soon as practicable, but not more than 6 hours after the application for the restraining order or the civil forfeiture restraining order, as the case requires, is determined. (7) A freezing order that has been extended under subsection (2) ceases to be in force—
S. 34B(1) amended by Nos 87/2004 s. 22(1)(f), 68/2009 s. 97(Sch. item 23.25(a)). (1) If an accused is convicted of a Schedule 1 offence, an applicant may apply for a tainted property substitution declaration to— (a) the Supreme Court; or (b) the County Court; or S. 34B(1)(c) amended by No. 68/2009 s. 97(Sch. item 23.25(b)). (c) the court before which the accused was convicted of the offence. (2) The application under subsection (1) must— (a) be made in conjunction with an application for a forfeiture order; and S. 34B(2)(b) amended by Nos 87/2004 s. 22(1)(f), 68/2009 s. 97(Sch. item 23.25(b)). (b) specify property that the accused used or intended to use in or in connection with the commission of the Schedule 1 offence of which the accused is convicted; and (c) specify property which is to be substituted for the property referred to in paragraph (b) that— S. 34B(2)(c)(i) amended by Nos 87/2004 s. 22(1)(f), 68/2009 s. 97(Sch. item 23.25(b)). (i) is property in which the accused had an interest at the time that the Schedule 1 offence was committed; and (ii) is of the same nature or description as the property referred to in paragraph (b). Example to s. 34B(2)(c) amended by No. 68/2009 s. 97(Sch. item 23.26). Example An accused is convicted of a sexual offence against a child and, in the commission of that offence, the accused used a rented flat although the accused owned a flat at the time. The prosecution may apply to the court for a declaration that the flat owned by the accused is tainted property although the rented flat
(4) If the court makes a tainted property substitution declaration in respect of property, that property— (a) is substituted for the property which is not available for forfeiture; and (b) is deemed to be tainted property for the purposes of this Act. Division 2—Automatic forfeiture after conviction 35 Automatic forfeiture of restrained property on conviction of certain offences s. 35 S. 35(1) amended by Nos 43/1998 s. 36(d), 42/2007 s. 9. (1) If— S. 35(1)(a) amended by No. 87/2004 s. 22(1)(h). (a) a person is convicted of a Schedule 2 offence; and (b) a restraining order is or was made under Part 2 in respect of property for the purposes of automatic forfeiture in reliance on— S. 35(1)(b)(i) amended by No. 68/2009 s. 97(Sch. item 23.28(a)). (i) the conviction of the accused of that offence; or S. 35(1)(b)(ii) amended by Nos 87/2004 s. 22(1)(h), 68/2009 s. 97(Sch. item 23.28(b)). (ii) the charging or proposed charging of the accused with that offence or a related offence that is a Schedule 2 offence; and S. 35(1)(c) amended by No. 68/2010 s. 18(1)(a). (c) the restrained property is not the subject of an exclusion order under section 22; and
(c) the civil forfeiture restraining order ceasing to operate or being set aside in whole or in part under section 36X; (d) the property or interest in property being excluded from the operation of the civil forfeiture restraining order by a civil forfeiture exclusion order. S. 36K inserted by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21–23). 36K Application for civil forfeiture restraining order s. 36K S. 36K(1) amended by Nos 37/2014 s. 10(Sch. item 25.7(a)), 55/2014 s. 5(1). (1) The DPP or a prescribed person, or a person belonging to a prescribed class of persons, may apply, without notice, to the Supreme Court or the County Court for a civil forfeiture restraining order in respect of property if a police officer or a person authorised by or under an Act to prosecute the relevant type of offence suspects on reasonable grounds that the property is tainted property. S. 36K(2) amended by No. 37/2014 s. 10(Sch. item 25.7(b)(i)). (2) An application under subsection (1) must be supported by an affidavit of a police officer or a person authorised by or under an Act to prosecute the relevant type of offence (as the case requires)— (a) setting out any relevant matters; and S. 36K(2)(b) amended by Nos 37/2014 s. 10(Sch. item 25.7(b)(ii), 55/2014 s. 5(1). (b) stating that the police officer or the person suspects that the property is tainted property; and S. 36K(2)(c) amended by No. 37/2014 s. 10(Sch. item 25.7(b)(ii). (c) setting out the grounds on which the police officer or the person has that suspicion.
costs), the order for restitution, compensation or damages. (2) If, in relation to an offence, the value of the property forfeited under this Part (less conversion costs) is less than the sum of orders for restitution, compensation or damages, the State must pay to each person awarded restitution, compensation or damages an amount calculated in accordance with the formula— F V/A where— F is the value of the property forfeited under this Part (less conversion costs); V is a victim's award of restitution, compensation or damages to the extent that it has not been satisfied; A is the total of awards of restitution, compensation and damages in respect of the offence. Note Property is defined as including any interest in property. See section 3(1). Division 2—Civil forfeiture orders S. 37 substituted by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21–23). 37 Application for civil forfeiture order (1) If a civil forfeiture restraining order is in force in respect of property, the DPP or a prescribed person, or a person belonging to a prescribed class of persons, may apply to the court which made the civil forfeiture restraining order for a civil forfeiture order in respect of the property. Note Only the Supreme Court or the County Court can make a civil forfeiture restraining order. s. 37
(A) would be, or was intended to be, used in, or in connection with, the commission of any of those offences; or (B) was likely to be, or intended to be, used in, or in connection with, the future commission of any of those offences; and S. 40B(1)(b)(iii) amended by No. 55/2014 s. 13(1)(b). (iii) where the applicant acquired the interest at the time of or after the commission, or alleged commission, of the relevant Schedule 2 offences, the applicant acquired the interest without knowing, and in circumstances such as not to arouse a reasonable suspicion, that the property was tainted property or derived property; and (iv) the applicant's interest in the property— (A) was not subject to the effective control of another person on the date that the civil forfeiture order was made in relation to the property; or s. 40B (B) was subject to the effective control of another person on the date that the civil forfeiture order was made in relation to the property but the person in effective control satisfies subparagraphs (i) to (iii) as if a reference in those subparagraphs to the applicant were a reference to the person in effective control; and
(v) where the applicant acquired the interest, directly or indirectly, from another person that— (A) it was acquired for sufficient consideration; or (B) if it was not acquired for sufficient consideration, the person from whom the interest was acquired satisfies subparagraphs (i) to (iii) as if a reference in those subparagraphs to the applicant were a reference to the person from whom the interest was acquired. (2) If the court makes an exclusion order under subsection (1), it may also make an order declaring the nature, extent and value of the applicant's interest in the property. S. 40B(3) inserted by No. 55/2014 s. 13(2). (3) In this section— relevant Schedule 2 offence means a Schedule 2 offence in relation to which the civil forfeiture restraining order was made. s. 40B __________________ 41 Effect of forfeiture s. 41 (1) In this section registrable property means property title to which is passed by registration on a register kept by a relevant registration authority. S. 41(2) amended by No. 43/1998 s. 36(i). (2) If— (a) a court makes a forfeiture order or a civil forfeiture order in respect of property then, immediately on the making of the order; or
S. 44A inserted by No. 77/2013 s. 11. 44A Certificate of disposal (1) The Minister or a person prescribed for the purposes of section 44(1) may issue a certificate certifying that specified property has been disposed of in accordance with section 44. (2) A certificate issued under subsection (1)— (a) is admissible in evidence in proceedings under this Act; and (b) in the absence of evidence to the contrary, is proof that the property has been disposed of in accordance with section 44. S. 45 (Heading) inserted by No. 55/2014 s. 16(1). 45 Relief from undue hardship s. 44A S. 45(1) amended by No. 55/2014 s. 16(2). (1) Subject to subsection (1A), if a court is satisfied that undue hardship may reasonably be likely to be caused to any person by a forfeiture order or a civil forfeiture order made by that court, the court— S. 45(1)(a) amended by No. 55/2014 s. 16(3). (a) may order that the person is entitled to be paid a specified amount out of the forfeited property, being an amount that the court thinks is necessary to prevent undue hardship to the person; and (b) may make ancillary orders for the purpose of ensuring the proper application of an amount so paid to a person who is under 18 years of age. S. 45(1A) inserted by No. 55/2014 s. 16(4). (1A) For the purposes of subsection (1), when determining whether undue hardship may be caused by a forfeiture order to the person convicted of the offence in relation to which the forfeiture order has been made, the court must not
47 Discharge of automatic forfeiture in respect of an interest s. 47 (1) Automatic forfeiture under section 35 is discharged in respect of an interest in property— S. 47(1)(a) amended by No. 68/2009 s. 97(Sch. item 23.36). (a) if the conviction in reliance on which the automatic forfeiture occurred is subsequently set aside; or (b) if an exclusion order in respect of the interest is made, whether on appeal or otherwise; or (c) if— (i) in reliance on the deemed conviction of a person under section 4(1)(d), automatic forfeiture has occurred in respect of the person; and S. 47(1)(c)(ii) amended by No. 37/2014 s. 10(Sch. item 25.8). (ii) after the occurrence of automatic forfeiture, the person surrenders to a police officer or is found or becomes for any other reason amenable to justice; and (iii) the person is acquitted, on appeal or otherwise; and (iv) the person pays to the State any conversion costs notified to the person by the Minister; or (d) if a payment is made to discharge it in accordance with section 56 or 57. S. 47(1A) inserted by No. 55/2014 s. 34(1). (1A) Automatic forfeiture under section 36GA is discharged in respect of an interest in property if— (a) the conviction in reliance on which the automatic forfeiture occurred is subsequently set aside; or
order excluding the applicant's interest in the property from the operation of the forfeiture order if satisfied that— S. 50(1)(a)(i) amended by No. 87/2004 s. 22(1)(l). (i) the applicant was not, in any way, involved in the commission of the Schedule 1 offence; and S. 50(1)(a)(ii) amended by Nos 87/2004 s. 22(1)(l), 68/2009 s. 97(Sch. item 23.38). (ii) where the applicant acquired the interest before the commission of the Schedule 1 offence, the applicant did not know that the accused would use, or intended to use, the property in, or in connection with, the commission of the Schedule 1 offence; and S. 50(1)(a)(iii) amended by No. 87/2004 s. 22(1)(l). (iii) where the applicant acquired the interest at the time of or after the commission of the Schedule 1 offence, the applicant acquired the interest without knowing, and in circumstances such as not to arouse a reasonable suspicion, that the property was tainted property; and S. 50(1)(a)(iv) substituted by No. 42/2007 s. 10(2), amended by No. 68/2009 s. 97(Sch. item 23.38). (iv) the applicant's interest in the property was not subject to the effective control of the accused on the earlier of the date that the accused was charged with the Schedule 1 offence or the date that the restraining order was made in relation to the property; and S. 50(1)(a)(v) amended by No. 68/2009 s. 97(Sch. item 23.38). (v) where the applicant acquired the interest from the accused, directly or indirectly, that it was acquired for sufficient consideration; or S. 50(1)(b) substituted by No. 43/1998 s. 19, amended by No. 42/2007 s. 10(1)(b). (b) if the court is satisfied that the property is not tainted property, the court may make an order excluding the applicant's interest in the
(2) For the purposes of subsection (1)(c), if an offence is committed between 2 dates, the period begins immediately before the earlier of the 2 dates and ends at some time after the later of the 2 dates. (3) In considering whether to treat profits of a kind referred to in subsection (1)(d) as benefits derived in relation to the offence, the court may have regard to any matters that it thinks fit including— (a) whether it is not in the public interest to treat them as benefits; and (b) whether the depiction or expression has any general social or educational value; and (c) the nature and purposes of the publication, production or entertainment including its use for research, educational or rehabilitation purposes. Note to s. 67 inserted by No. 42/2007 s. 18(Sch. item 19). Note Property is defined as including any interest in property: see section 3(1). 68 Assessment of benefits in relation to Schedule 2 offences S. 68(1) amended by No. 87/2004 s. 19(j)(i)(ii). s. 68 (1) A prescribed person or a person belonging to a prescribed class of persons may apply to the Supreme Court for the application of this section in relation to a Schedule 2 offence. S. 68(2) amended by No. 87/2004 s. 19(k). (2) The DPP may apply to the Supreme Court or the County Court for the application of this section in relation to a Schedule 2 offence. S. 68(3) amended by Nos 43/1998 s. 36(x), 68/2009 s. 97(Sch. item 23.54(a)). (3) In assessing the value of the benefits derived by an accused in relation to an offence, the court must, on application under subsection (1) or (2), subject to subsection (4), treat as benefits—
S. 90(b) amended by No. 63/2003 s. 24(5)(b). (b) in the case of a search warrant, a power exercisable by him or her under section 83(3)(b) or (4)— must be given to, or may be exercised by, as the case requires, any other magistrate or judge. S. 91 amended by No. 63/2003 s. 24(6). 91 Defects in warrants s. 91 A search warrant or a seizure warrant is not invalidated by any defect, other than a defect which affects the substance of the warrant in a material particular. 92 Seizure of property under search warrant S. 92(1) amended by No. 37/2014 s. 10(Sch. item 25.12(a)). (1) A police officer executing a search warrant may seize property of the kind described in the warrant. S. 92(2) amended by No. 37/2014 s. 10(Sch. item 25.12(b)(i)). (2) A police officer executing a search warrant may also seize property which is not of the kind described in the warrant if— S. 92(2)(a) amended by No. 37/2014 s. 10(Sch. item 25.12(b)(i)). (a) the police officer believes on reasonable grounds that the property— (i) is of a kind which could have been included in a search warrant issued under this Part; or S. 92(2)(a)(ii) amended by No. 87/2004 s. 22(2)(e). (ii) will afford evidence about the commission of another Schedule 1 offence; and S. 92(2)(b) amended by Nos 87/2004 s. 22(2)(e), 37/2014 s. 10(Sch. item 25.12(b)(ii)). (b) the police officer believes on reasonable grounds that it is necessary to seize that property in order to prevent its concealment, loss or destruction or its use in committing or continuing a Schedule 1 offence.
made, it continues in operation until that application is determined. 94 Search of persons under search warrant s. 94 S. 94(1) amended by No. 37/2014 s. 10(Sch. item 25.14). (1) A police officer executing a search warrant may, if the search warrant authorises him or her to do so, search any person found in or on the premises whom the police officer suspects on reasonable grounds of having on his or her person property of the kind described in the warrant. (2) A person must not be searched under this section except by a person of the same sex. S. 95 amended by No. 63/2003 s. 24(7). 95 Obstruction or hindrance of person executing search warrant A person must not, without reasonable excuse, obstruct or hinder a person executing a search warrant or a seizure warrant. Level 7 imprisonment (2 years maximum) or a level 7 fine (240 penalty units maximum) or both. S. 95A inserted by No. 63/2003 s. 25. 95A Application for property seized under search warrants under other Acts to be held or retained under this Act S. 95A(1) amended by No. 37/2014 s. 10(Sch. item 25.15). (1) A police officer may apply to the Magistrates' Court for a declaration that property seized under a warrant under— (a) section 465 of the Crimes Act 1958; or (b) section 81 of the Drugs, Poisons and Controlled Substances Act 1981— is to be held or retained as if it were tainted property seized under a warrant under section 79 of this Act.
104 Report on execution of production order etc. (1) The person to whom a production order is issued must give a report in writing to the magistrate or judge who made the order— (a) stating whether or not the order was executed; and (b) if the order was executed—setting out briefly the result of the execution of the order (including a brief description of any document inspected, copied or retained or from which an extract was taken); and (c) if the order was not executed—setting out briefly the reasons why the order was not executed. (2) A report must be made within 10 days after the expiry of the production order. 105 Absence etc. of magistrate or judge who made production order If the magistrate or judge who made a production order has ceased to hold office or is absent, a report required to be given to him or her under section 104 must be given to any other magistrate or judge. 106 Effect of production orders on proceedings etc. s. 106 (1) A person is not excused from producing or making available a document when required to do so by a production order on the ground that to do so— (a) might tend to incriminate the person or make the person liable to a penalty; or
S. 106(1)(b) amended by No. 43/1998 s. 29(1). (b) would be in breach of an obligation by a legal practitioner to a client not to disclose the existence or contents of the document; or S. 106(1)(c) inserted by No. 43/1998 s. 29(1). (c) would be in breach of an obligation (whether imposed by enactment or otherwise) of the person not to disclose the existence or contents of the document. S. 106(2) amended by No. 43/1998 s. 29(2). (2) If a person produces or makes available a document under a production order— (a) the production or making available of the document; or (b) any information, document or thing obtained as a direct or indirect consequence of the production or making available of the document— is not admissible against the person or another person to whom the person owes the obligation referred to in paragraph (b) or (c) of subsection (1) in any criminal proceedings other than proceedings for an offence against section 108. (3) An action, suit or proceeding does not lie against a person who, in breach of an obligation (whether imposed by enactment or otherwise) of the person not to disclose the existence or contents of a document, produces or makes available the document when required to do so by a production order. 107 Variation of production orders s. 107 (1) If a court makes a production order requiring a person to produce a document, the person against whom the order is made may apply to the court for a variation of the order.
S. 115(1AA) inserted by No. 87/2004 s. 21(1), amended by No. 34/2008 s. 143(Sch. 2 item 2), substituted by No. 82/2012 s. 156(1). (1AA) In this section, IBAC Commissioner means the Commissioner within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011. S. 115(1) amended by Nos 87/2004 s. 21(2), 82/2012 s. 156(2), 37/2014 s. 10(Sch. item 25.19). (1) The IBAC Commissioner or a police officer may, without notice, apply to the Supreme Court for an order directing a financial institution to give to a particular law enforcement agency information obtained by the institution about transactions conducted through an account held by a particular person with the institution, including information about— (a) the making of a fixed term deposit; and (b) the transfer of the whole or of any part of a fixed term deposit at the end of the term. (2) An application under subsection (1) must be supported by an affidavit of the applicant— s. 115 (a) stating that he or she believes that the person in respect of whose account the information is sought— S. 115(2)(a)(i) amended by Nos 87/2004 s. 21(3), 55/2014 s. 41(a). (i) has committed, or is about to commit, a Schedule 1 offence, a Schedule 2 offence or a serious drug offence; or (ii) was involved in the commission, or is about to be involved in the commission, of such an offence; or S. 115(2)(a)(iii) amended by No. 55/2014 s. 41(b). (iii) has benefited directly or indirectly, or is about to benefit directly or indirectly,
(a) the specified property is subject to a mortgage or other security interest in favour of the financial institution; and (b) the issuing of the information notice is required to manage or dispose of the specified property. S. 118F inserted by No. 63/2003 s. 29. 118F Information notice to be signed and reasons recorded s. 118F (1) A person who issues an information notice must sign the notice. (2) A person who issues an information notice must make a written record of the reasons he or she has relied on to justify the issuing of the information notice. S. 118G inserted by No. 63/2003 s. 29. 118G What can an information notice require? (1) An information notice may require a financial institution to give to the law enforcement agency specified in the information notice the following information only— (a) if the information notice specifies a name or names in which an account is believed to be held— (i) whether an account is held in that name or those names with the financial institution; and S. 118G (1)(a)(ii) amended by No. 68/2010 s. 26(1). (ii) if an account is held in that name or those names with that institution, the account number, the type of account and current balance of that account; or (b) if the information notice specifies an account number— (i) the name or names in which that account is held; and
S. 119(4)(a) amended by No. 68/2010 s. 28(1). (a) by giving the AUSTRAC CEO a copy of the report; or S. 119(4)(b) amended by No. 68/2010 s. 28(1). (b) in any other manner and form approved by the AUSTRAC CEO. (5) An approval for the purposes of subsection (4)(b)— s. 119 (a) must be in writing; and (b) may relate to a specified cash dealer or a specified class of cash dealers. S. 119(6) amended by Nos 43/1998 s. 30, 68/2010 s. 28(1), 37/2014 s. 10(Sch. item 25.26). (6) A cash dealer who communicates information to the AUSTRAC CEO under subsection (1) or Division 2 of Part II of the Financial Transaction Reports Act 1988 of the Commonwealth must, if requested to do so by a police officer, give any further information that is related, whether directly or indirectly, to the information communicated to the AUSTRAC CEO and is specified in the request to the extent to which the cash dealer has that information. S. 119(6A) inserted by No. 68/2010 s. 28(3), amended by No. 37/2014 s. 10(Sch. itlem 25.26). (6A) A reporting entity who communicates information to the AUSTRAC CEO under section 41 of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 of the Commonwealth must, if requested to do so by a police officer, give any further information that is related, whether directly or indirectly, to the information communicated to the AUSTRAC CEO and is specified in the request to the extent to which the reporting entity has that information. S. 119(7) amended by No. 68/2010 s. 28(4)(b)(c). (7) An action, suit or proceeding does not lie against—
(b) was derived or realised, directly or indirectly, by any person, in relation to an interstate offence. s. 131 _______________ 132 Standard of proof s. 132 Any question of fact to be decided by a court on an application under this Act is to be decided on the balance of probabilities. 133 Nature of proceedings (1) Proceedings on an application under this Act are civil in nature, except as otherwise provided by this Act. S. 133(2) amended by No. 68/2010 s. 30(1). (2) Despite subsection (1), the rules regulating the practice and procedure of a court in civil proceedings (except in relation to costs) do not apply to a proceeding on an application under this Act. (3) The fact that criminal proceedings have been instituted or commenced is not a ground on which a court may stay proceedings under this Act. S. 133A inserted by No. 43/1998 s. 32. 133A Costs (1) Costs may only be awarded in accordance with this section. S. 133A(1A) inserted by No. 68/2010 s. 30(2). (1A) Nothing in subsection (1) affects the power of the court to award costs in any circumstances not referred to in this section. (2) If— (a) a person brings, or appears at, proceedings under this Act before a court in order—
S. 142(4) amended by Nos 43/1998 s. 34(2), 42/2007 s. 16(2), 68/2010 s. 65(2), 55/2014 s. 46. (4) On appeal, a forfeiture order, a pecuniary penalty order, an exclusion order under section 21, 22, 22A, 50(1), 52(1) or 54(1) or a refusal to make an exclusion order under section 21, 22, 22A, 50(1), 52(1) or 54(1) may be confirmed, discharged or varied or the matter may be remitted for rehearing to the court which made the order, or refused to make the order, with or without any direction in law. (5) The DPP or a prescribed person or a person belonging to a prescribed class of persons may appeal to the Court of Appeal against— S. 142(5)(a) amended by No. 87/2004 s. 22(2)(v)(i). s. 142 (a) a civil forfeiture order or against the refusal of the Supreme Court or the County Court to make a civil forfeiture order; or S. 142(5)(b) substituted by No. 68/2010 s. 65(3). (b) the making of a civil forfeiture exclusion order; or S. 142(5)(ba) inserted by No. 42/2007 s. 16(3), amended by Nos 68/2010 s. 65(4)(a), 55/2014 s. 46. (ba) the making of an exclusion order under section 21, 22, 22A, 50(1), 52(1) or 54(1)— S. 142(5)(c) amended by No. 87/2004 s. 22(2)(v)(ii), repealed by No. 68/2010 s. 65(4)(b). * * * * * in the same manner as if the order or refusal were, or were part of, a sentence imposed in respect of the offence.
S. 142(6) amended by Nos 87/2004 s. 22(2)(w), 68/2010 s. 65(5). (6) On appeal, a civil forfeiture order, a civil forfeiture exclusion order or a refusal to make a civil forfeiture exclusion order may be confirmed, discharged or varied or the matter may be remitted for re-hearing to the Supreme Court or the County Court, as the case may be, with or without any direction in law. Note to s. 142 inserted by No. 42/2007 s. 16(4). Note In this section, references to any appeal being made in a manner as if it were, or were part of, a sentence imposed in respect of an offence are to enable the adoption of existing appeal procedures. In the case of an order or refusal made in the Magistrates' Court, the requirements and procedures set out in Subdivision 1 of Division 4 of Part 4 of that Act and Schedule 6 to that Act, insofar as they are relevant, apply. In the case of an order or refusal made in the County Court or the Supreme Court, the requirements and procedures set out in Part 6 of that Act and the relevant Rules of Court apply. 143 Provision of legal aid s. 143 (1) If a court is satisfied at any time that— S. 143(1)(a) amended by No. 68/2010 s. 66(a)(b). (a) a restraining order or a civil forfeiture restraining order has been made in respect of property of a person and the restraining order or the civil forfeiture restraining order, as the case requires, is in force; and S. 143(1)(b) amended by Nos 18/2005 s. 18(Sch. 1 item 17.2), 68/2010 s. 66(b). (b) the person is in need of legal assistance in respect of any legal proceeding, whether civil or criminal, and whether in respect of a charge to which the restraining order or the civil forfeiture restraining order, as the case requires, relates or otherwise, because the person is unable to afford the full cost of obtaining legal assistance from a private law practice or private legal practitioner (within the meaning of the Legal Aid Act 1978) from unrestrained property or income of the person—
proceeding known as Martin v Cooper and Martin heard in the Magistrates' Court at Melbourne and determined on 7 October 1998. S. 157(14) inserted by No. 68/2010 s. 67(2). (14) In this section, a reference to Part 4 does not include Part 4 as substituted by section 49 of the Confiscation Amendment Act 2010. S. 158 inserted by No. 63/2003 s. 42. 158 Confiscation (Amendment) Act 2003—definition of tainted property transitional provision s. 158 The definition of tainted property as amended by section 4(5) of the Confiscation (Amendment) Act 2003, in so far as it relates to an offence under section 122 or 123(1), applies only with respect to an offence under section 122 or 123(1) of which a person is convicted after the commencement of section 4(5) of that Act. S. 159 inserted by No. 63/2003 s. 42. 159 Confiscation (Amendment) Act 2003—declaration of property interests transitional provision Sections 19A to 19E apply only in relation to property in respect of which a restraining order is made after the commencement of section 8 of the Confiscation (Amendment) Act 2003. S. 160 inserted by No. 63/2003 s. 42. 160 Confiscation (Amendment) Act 2003—freezing orders transitional provision Part 2A applies with respect to any forfeiture offence, automatic forfeiture offence or civil forfeiture offence irrespective of when the offence is alleged to have been committed. S. 161 inserted by No. 63/2003 s. 42. 161 Confiscation (Amendment) Act 2003—tainted property substitution declaration transitional provisions
S. 165 inserted by No. 63/2003 s. 42. 165 Confiscation (Amendment) Act 2003—document requests transitional provisions (1) Division 6 of Part 13 applies in relation to property in respect of which a restraining order was made, irrespective of when the restraining order was made. (2) Division 6 of Part 13 applies in relation to property seized under a warrant issued under this Act, section 465 of the Crimes Act 1958 or section 81 of the Drugs, Poisons and Controlled Substances Act 1981, irrespective of when the warrant was executed. S. 166 inserted by No. 63/2003 s. 42. 166 Confiscation (Amendment) Act 2003—Schedule 1 offences transitional provisions s. 166 (1) Items 5A and 13A of Schedule 1 apply only with respect to an offence alleged to have been committed after the commencement of section 36 of the Confiscation (Amendment) Act 2003. (2) Despite the substitution of item 7(j) of Schedule 1 by section 36 of the Confiscation (Amendment) Act 2003, item 7(j), as in force immediately before the commencement of that section, continues to apply in respect of an offence referred to in item 7(j) (as in force immediately before that commencement) which is alleged to have been committed before the commencement of that section. (3) Item 7 of Schedule 1, as amended by section 36 of the Confiscation (Amendment) Act 2003, applies only with respect to an offence alleged to have been committed after the commencement of that section. (4) For the purposes of this section, if an offence is alleged to have been committed between two dates and section 36 of the Confiscation (Amendment) Act 2003 commences on a date
of that Act, irrespective of when that was made; and (b) property that is or has been forfeited under this Act, irrespective of when the forfeiture occurs. (16) Sections 133 and 133A as amended by section 30 of the Confiscation Amendment Act 2010 apply to a proceeding on an application under this Act, where the application is made on or after the commencement of section 30 of that Act. (17) Section 141A as inserted by section 31 of the Confiscation Amendment Act 2010 applies to a scheme entered into on or after the commencement of section 31 of that Act. (18) Schedule 2 as amended by section 32(1) of the Confiscation Amendment Act 2010 applies to an offence alleged to have been committed on or after the commencement of section 32(1) of that Act. (19) Schedule 2 as amended by section 32(2) of the Confiscation Amendment Act 2010 applies to an offence alleged to have been committed on or after the commencement of section 32(2) of that Act. (20) For the purposes of subsections (18) and (19), if an offence is alleged to have been committed between two dates, one before and one on or after the commencement of section 32(1) or 32(2) (as the case requires) of the Confiscation Amendment Act 2010, the offence is alleged to have been committed before that commencement. S. 180 inserted by No. 68/2010 s. 68. 180 Regulations dealing with transitional matters s. 180 (1) The Governor in Council may make regulations containing provisions of a transitional nature,
Sch. 1 item 7(la) inserted by No. 63/2003 s. 36(5). (la) section 99(1) (failure to keep document in relation to receipt of priority species); Sch. 1 item 7(lb) inserted by No. 63/2003 s. 36(5). (lb) section 108A(5) (failure to comply with retention notice); (m) section 112(1) or (2) (use of explosives, poisons, substances or equipment for fishing); (n) section 113(1) (interference with lawful fishing activities or aquaculture activities); (o) section 114(3) (contravention of regulation or fisheries notice prohibition); (p) section 115 (interference with commercial fishing equipment or aquaculture equipment); (q) section 116(1) (possession or sale of fish taken in contravention of Act or corresponding law); (r) section 117(1) (use of foreign boat for fishing); (s) section 118(1) (having foreign boat equipped with commercial fishing equipment); (t) section 119(1) (blocking passage of fish); Sch. 1 item 7(ta) inserted by No. 108/2003 s. 8(1). Sch. 1 (ta) section 119A (knowingly make false or misleading statements in relation to priority species). (u) section 130(4) (failure to comply with order prohibiting person from being on certain boats or in certain places); Sch. 1 item 7(ua) inserted by No. 63/2003 s. 36(6). (ua) section 130A(5) (failure to comply with court order prohibiting fishing activity or possession of fish or equipment);
Sch. 1 item 15(b) amended by No. 43/1998 s. 38(b). (b) section 42(1) or (2) (taking or possessing etc. notable wildlife) as in force immediately before the commencement of section 14 of the Wildlife (Amendment) Act 1997; Sch. 1 Sch. 1 item 15(c) amended by No. 43/1998 s. 38(c). (c) section 43(1) or (2) (taking or possessing etc. protected wildlife) as in force immediately before the commencement of section 14 of the Wildlife (Amendment) Act 1997; Sch. 1 item 15(d) amended by No. 43/1998 s. 38(d). (d) section 43A (possessing unlawfully taken wildlife) as in force immediately before the commencement of section 14 of the Wildlife (Amendment) Act 1997; Sch. 1 item 15(e) amended by No. 43/1998 s. 38(e). (e) section 45 (taking eggs of protected wildlife) as in force immediately before the commencement of section 14 of the Wildlife (Amendment) Act 1997; Sch. 1 item 15(f) amended by No. 43/1998 s. 38(f). (f) section 46 (trapping wild duck etc.) as in force immediately before the commencement of section 14 of the Wildlife (Amendment) Act 1997; Sch. 1 item 15(g) amended by No. 43/1998 s. 38(g). (g) section 47(1) (taking protected wildlife in close season) as in force immediately before the commencement of section 14 of the Wildlife (Amendment) Act 1997; Sch. 1 item 15(h) amended by No. 43/1998 s. 38(h). (h) section 48(1) (setting dog on wildlife not being game) as in force immediately before the commencement of section 14 of the Wildlife (Amendment) Act 1997; Sch. 1 Sch. 1 item 15(ha) inserted by No. 43/1998 s. 38(i). (ha) section 41 (hunting, taking or destroying endangered wildlife);
Assent Date: 16.12.03 Commencement Date: S. 12.1.3(Sch. 6 item 3) on 1.7.04: Government Gazette 1.7.04 p. 1843 : This information relates only to the provision/s amending the Confiscation 1997 Racing and Gaming Acts (Amendment) Act 2004, No. 45/2004 Assent Date: 16.6.04 Commencement Date: S. 41 on 1.7.04: s. 2(3) : This information relates only to the provision/s amending the Confiscation Act 1997 Sustainable Forests (Timber) Act 2004, No. 48/2004 Endnotes Assent Date: 16.6.04 Commencement Date: S. 133 on 17.6.04: s. 2(1) : This information relates only to the provision/s amending the Confiscation Act 1997 Primary Industries Legislation (Further Miscellaneous Amendments) Act 2004, No. 69/2004 Assent Date: 19.10.04 Commencement Date: S. 59 on 20.10.04: s. 2(1) : This information relates only to the provision/s amending the Confiscation Act 1997 Major Crime Legislation (Seizure of Assets) Act 2004, No. 87/2004 Assent Date: 23.11.04 Commencement Date: Ss 4–23 on 1.1.05: s. 2(2) : This information relates only to the provision/s amending the Confiscation Act 1997 Public Administration Act 2004, No. 108/2004 Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 38) on 5.4.05: Government Gazette 31.3.05 p. 602 : This information relates only to the provision/s amending the Confiscation Act 1997 Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Act 2005, No. 6/2005 Assent Date: 27.4.05 Commencement Date: S. 13(4) on 26.5.05: s. 2(2) : This information relates only to the provision/s amending the Confiscation Act 1997 Legal Profession (Consequential Amendments) Act 2005, No. 18/2005
1.10.14: Special Gazette (No. 330) 23.9.14 p. 1 Current State: This information relates only to the provision/s amending the Confiscation Act 1997 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes