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 of civil forfeiture offence amended by No. 104/2003 s. 5(2), repealed by No. 87/2004 s. 5(b).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; corresponding law, in relation to this Act or a provision of this Act, means a law of the Commonwealth or another State or a Territory that is declared by the regulations to be a law that corresponds to this Act or the provision;
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 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— (a) a document relevant to— (i) identifying, locating or quantifying property in which a person has an interest; or
S. 3(1) def. of section 36V exclusion order inserted by No. 68/2010 s. 35(1). section 36V exclusion order means an order made under section 36V excluding property or an interest in property from a civil forfeiture restraining order; S. 3(1) def. of section 40B exclusion order inserted by No. 68/2010 s. 35(1). section 40B exclusion order means an order made under section 40B excluding property or an interest in property from a civil forfeiture order; S. 3(1) def. of seizure warrant inserted by No. 63/2003 s. 5(1). seizure warrant means a warrant issued under section 79A; 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 (c) a promise by the transferee to become the spouse or domestic partner of the transferor; (d) consideration arising from love and affection; (e) transfer by way of gift;
(iii) was derived or realised, or substantially derived or realised, directly or indirectly, by any person from the commission of the offence; or (c) in a case specified in either paragraph (a) or paragraph (b), property that— (i) in the case of an offence against section 194 of the Crimes Act 1958, is proceeds of crime within the meaning of section 193 of that Act; or (ii) in the case of an offence against section 195 of the Crimes Act 1958, is referred to in that section; or s. 3 (iii) in the case of an offence against section 195A of the Crimes Act 1958, becomes an instrument of crime within the meaning of section 193 of that Act; S. 3(1) def. of trustee amended by No. 44/2001 s. 3(Sch. item 21.1). trustee means— (a) a trustee company within the meaning of the Trustee Companies Act 1984; (b) an official liquidator within the meaning of the Corporations Act; S. 3(1) def. of unlawful activity amended by No. 43/1998 s. 7. unlawful activity means an act or omission that constitutes an offence against a law in force in the Commonwealth, Victoria or another State, a Territory or a foreign country punishable by imprisonment; Victoria Legal Aid means Victoria Legal Aid established under the Legal Aid Act 1978.
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 (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 (ii) a warrant to arrest the person— has been issued and served.
S. 7(2) amended by No. 68/2009 s. 97(Sch. item 23.10). (2) A reference in this Act to the withdrawing of a charge includes a reference to the discontinuance of a prosecution. S. 7A inserted by No. 68/2010 s. 36. 7A Meaning of derived property—civil forfeiture s. 7A In relation to civil forfeiture, a civil forfeiture restraining order, a civil forfeiture order or a civil forfeiture exclusion order, derived property means— (a) property used in, or in connection with, any unlawful activity; or (b) property derived or realised, or substantially derived or realised, directly or indirectly, from any unlawful activity; or (c) property derived or realised, or substantially derived or realised, directly or indirectly, from property of a kind referred to in paragraph (a) or (b). Note Property is defined as including any interest in property. See definition in section 3. S. 7B inserted by No. 68/2010 s. 36. 7B Meaning of derived property—other cases In any case other than that referred to in section 7A, derived property means— (a) property used in, or in connection with, any unlawful activity by— (i) the accused; or (ii) the applicant for an exclusion order; or (b) property derived or realised, or substantially derived or realised, directly or indirectly, from any unlawful activity by— (i) the accused; or (ii) the applicant for an exclusion order; or
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 is satisfied that the value of the property (together with the value of any other property in respect of which a restraining order has been granted in relation to that offence) does not exceed the jurisdictional limit of the Magistrates' Court in civil proceedings, other than proceedings in which damages are claimed that consist of or include damages in respect of personal injury.
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. s. 16 (6) An application under subsection (1) or (2) in relation to property or an interest in property may be made more than once, whether on the same grounds or different grounds, for any purpose referred to in section 15(1). S. 16(7) inserted by No. 68/2010 s. 7. (7) An application under subsection (1) in relation to property or an interest in property does not preclude an application under subsection (2) in relation to the same property or interest in property. S. 16(8) inserted by No. 68/2010 s. 7. (8) An application under subsection (2) in relation to property or an interest in property does not preclude an application under subsection (1) in relation to the same property or interest in property. 17 Procedure on application S. 17(1) amended by No. 87/2004 s. 8(5), substituted by No. 79/2006 s. 10. s. 17 (1) If, having regard to the matters referred to in subsection (1A), the court is satisfied that the circumstances of the case justify the giving of notice to a person affected, the court may direct an
S. 21(b)(i)(D) substituted by No. 42/2007 s. 5(2), amended by No. 68/2009 s. 97(Sch. item 23.19). (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 1 offence or the date that the restraining order was made in relation to the property; and S. 21(b)(i)(E) amended by No. 68/2009 s. 97(Sch. item 23.19). (E) where the applicant acquired the interest from the accused, directly or indirectly, that it was acquired for sufficient consideration; or S. 21(b)(ii) amended by No. 42/2007 s. 5(1)(b). (ii) the court is satisfied as specified in paragraph (a)(i) but not satisfied as specified in paragraph (a)(ii), 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)(ii)(A) substituted by No. 42/2007 s. 5(3), amended by No. 68/2009 s. 97(Sch. item 23.19). s. 21 (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 1 offence or the date that the restraining order was made in relation to the property; and S. 21(b)(ii)(B) amended by No. 68/2009 s. 97(Sch. item 23.19). (B) where the applicant acquired the interest from the accused, directly or indirectly, that it was acquired for sufficient consideration. S. 21(2) inserted by No. 68/2010 s. 14(1). (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. 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. 23 amended by No. 42/2007 s. 7(1). 23 Declaration that restraining order shall be disregarded for purposes of automatic forfeiture s. 23 If— S. 23(a) amended by No. 42/2007 s. 7(2)(a). (a) in the circumstances set out in section 22(a), the court is satisfied of the matters referred to in subparagraphs (i), (ii) and (iia); or S. 23(b) amended by No. 42/2007 s. 7(2)(b). (b) in the circumstances set out in section 22(c), the court is satisfied of the matters referred to in subparagraphs (i), (ii), (iii) and (iiia)— but the interest is not excluded from the operation of the restraining order, the court may, by order, declare that the restraining order, to the extent to which it relates to the applicant's interest in the property, shall be disregarded for the purposes of section 35. Note to s. 23 inserted by No. 42/2007 s. 7(3). Note
the expiry of 7 days after the charge is withdrawn; or S. 27(3)(b) amended by Nos 87/2004 s. 14(3)(a)(b), 68/2009 s. 97(Sch. item 23.22(b)). s. 27 (b) the accused is acquitted of the charge and the accused is not charged with a related offence that is a Schedule 1 offence or a Schedule 2 offence by the time of the acquittal, whether or not in the same Schedule as the original offence, the restraining order ceases to be in force when the acquittal occurs; or S. 27(3)(ba) inserted by No. 43/1998 s. 14(2)(a), repealed by No. 87/2004 s. 14(3)(c). * * * * * S. 27(3)(c) amended by Nos 43/1998 s. 14(2)(b), 68/2009 s. 97(Sch. item 23.22 (b)(c)). (c) the conviction of the accused of the offence is subsequently set aside, the restraining order (other than one referred to in subsection (2)) ceases to be in force when the appeal period expires unless a new trial has been ordered at the time of the setting aside of the conviction. S. 27(4) amended by Nos 87/2004 s. 14(4), 68/2009 s. 97(Sch. item 23.22(b)), 68/2010 s. 45(2). (4) If, while a restraining order in respect of an interest in property is in force, a court makes a forfeiture order in respect of the interest or makes a pecuniary penalty order against the accused or makes an order for restitution or compensation under the Sentencing Act 1991, that court or the Supreme Court or the County Court may— s. 27 (a) make an order setting aside the restraining order in respect of the whole or a specified part of the interest; or (b) make such other order or orders as it considers appropriate in relation to the operation of the restraining order.
S. 27(5) amended by No. 87/2004 s. 14(5). (5) If a restraining order is made for a purpose referred to in section 15(1) and, while the order is in force, a court refuses to make an order for that purpose, that court or the Supreme Court or the County Court may— (a) make an order in relation to the purpose and period for which the restraining order is to remain in force; and (b) make such other order or orders as it considers appropriate in relation to the operation of the restraining order. S. 27(6) amended by No. 87/2004 s. 14(6)(a). (6) A court may make an order setting aside a restraining order on the application of a person if the person— S. 27(6)(a) amended by No. 87/2004 s. 14(6)(a). (a) gives security satisfactory to the court for the payment of any pecuniary penalty that may be imposed on the person under Part 8; or S. 27(6)(b) amended by No. 87/2004 s. 14(6)(b). (b) gives undertakings satisfactory to the court concerning the person's property. (7) An order under subsection (4), (5) or (6) may be made so as— s. 27 (a) to set aside the restraining order wholly or in part; and (b) to take effect— (i) on the making of the first-mentioned order; or (ii) at a specified time; or S. 27(7)(b)(iii) amended by Nos 43/1998 s. 36(a), 42/2007 s. 18(Sch. item 7). (iii) if relevant, on the payment of money or the transfer of any interest in property to the Minister; or
S. 34(2)(d) amended by No. 87/2004 s. 22(1)(e). (d) with the approval of the Supreme Court or the court before which the person was convicted of the Schedule 1 offence. Pt 3 Div. 1A (Heading and ss. 34A–34C) inserted by No. 63/2003 s. 12. Pt 3 Div. 1A (Heading) amended by No. 68/2010 s. 17. Division 1A—Tainted property substitution order S. 34A inserted by No. 63/2003 s. 12. 34A Interpretation s. 34A S. 34A(1) amended by No. 68/2009 s. 97(Sch. item 23.24). (1) For the purposes of this Division, property is not available for forfeiture if the accused does not have an interest in the property. (2) In this Division— applicant means a person who may apply for— (a) a forfeiture order; or (b) a restraining order for the purposes of forfeiture. S. 34B inserted by No. 63/2003 s. 12. 34B Application for tainted property substitution declaration s. 34B 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
(1) Subject to subsection (2), a court may make a tainted property substitution declaration if the court is satisfied as to the following matters— S. 34C(1)(a) amended by Nos 87/2004 s. 22(1)(g), 68/2009 s. 97(Sch. item 23.27). (a) that the accused used or intended to use the property which is not available for forfeiture in or in connection with the commission of the Schedule 1 offence of which the accused is convicted; and (b) that the property referred to in paragraph (a) is not available for forfeiture; and (c) that the property which is to be substituted for the property referred to in paragraph (a)— S. 34C(1)(c)(i) amended by Nos 87/2004 s. 22(1)(g), 68/2009 s. 97(Sch. item 23.27). (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 (a). (2) The court may make a tainted property substitution declaration whether or not the value of the property which is not available for forfeiture is equal to the value of the property which is to be substituted for that property. S. 34C(3) amended by Nos 87/2004 s. 22(1)(g), 68/2009 s. 97(Sch. item 23.27). (3) A court must not make a tainted property substitution declaration in respect of any property if, at the time of the commission of the Schedule 1 offence, the accused did not have an interest in the property. (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
(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 * * * * * __________________ 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. 41(2)(b) amended by No. 43/1998 s. 36(i). (b) property is forfeited to the Minister by automatic forfeiture under section 35— the property vests in the Minister subject to every mortgage, charge or encumbrance to which it was subject immediately before the order was made or the automatic forfeiture occurred (as the case may be) and to— S. 41(2)(c) amended by No. 74/2010 s. 37(Sch. item 1(a)). (c) in the case of land, every interest registered, notified or saved under the Transfer of Land Act 1958 or the Property Law Act 1958. S. 41(2)(d) repealed by No. 74/2010 s. 37(Sch. item 1(b)). * * * * *
from the relevant restraining order was not due to neglect on the part of the applicant. s. 51 (6) An applicant must give written notice of the application, and of the grounds on which it is made— (a) to the DPP; and (b) to any person whom the applicant has reason to believe had an interest in the property immediately before it was forfeited. (7) Any person notified under subsection (6) is entitled to appear and to give evidence at the hearing of the application but the absence of that person does not prevent the court from making an order under section 52. (8) If the DPP proposes to contest an application for an exclusion order, the DPP must give the applicant written notice of the grounds on which the application is to be contested. 52 Determination of exclusion application—automatic forfeiture s. 52 S. 52(1) amended by No. 42/2007 s. 11(1). (1) On an application made under section 51, the court may make an order excluding the applicant's interest in property from the operation of section 35— S. 52(1)(a) amended by No. 42/2007 s. 11(2). (a) if the court is not satisfied that the property in which the applicant claims an interest is not tainted property or derived property but is satisfied that— S. 52(1)(a)(i) amended by No. 87/2004 s. 22(1)(m). (i) the applicant was not, in any way, involved in the commission of the Schedule 2 offence; and
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. 68(3)(a) amended by No. 68/2009 s. 97(Sch. item 23.54(b)). (a) all property in which the accused had an interest at the time the first application is made under this Act in respect of the offence; and S. 68(3)(b) amended by No. 68/2009 s. 97(Sch. item 23.54(b)). (b) all expenditure of the accused within the period of 6 years immediately before the time the first application is made under this Act in respect of the offence— regardless of whether any benefits were actually derived and whether they were derived in relation to an offence, but must not include any property which has been forfeited to the Minister under this Act. S. 68(4) amended by No. 68/2009 s. 97(Sch. item 23.54(b)). (4) On an application under subsection (1) or (2), the Supreme Court or the County Court may refuse to treat as benefits specified property or expenditure if the Court is satisfied by the accused that— (a) in the case of property— (i) the property— S. 68(4) (a)(i)(A) amended by No. 68/2009 s. 97(Sch. item 23.54(b)). (A) was lawfully acquired by the accused; and
to the extent of the rents and profits received by the trustee in respect of that property on or after that date. S. 76(6) amended by No. 68/2010 s. 55(a). (6) If a trustee, having taken control under a restraining order or a civil forfeiture restraining order of a business carried on by a person, carries on that business, the trustee is not personally liable for— (a) any payment in respect of long service leave for which that person was liable; or S. 76(6)(b) amended by No. 68/2010 s. 55(b). (b) any payment in respect of long service leave to which a person employed by the trustee to manage the business, or the legal personal representative of such a person, becomes entitled after the date of the restraining order or the civil forfeiture restraining order. S. 76(7) amended by No. 68/2010 s. 55(a). (7) With the permission of the Minister, or a prescribed person authorised by the Minister for the purposes of this subsection, a trustee may appoint a person as agent to exercise all or any of the powers or perform all or any of the duties conferred or imposed on the trustee by this Act in relation to property of which the trustee has taken control under a restraining order or a civil forfeiture restraining order. s. 76 _______________ 77 Application for disposal order S. 77 amended by No. 87/2004 s. 22(2)(b). s. 77 (1) If a person has been convicted of a Schedule 1 offence, the DPP or an appropriate officer may, without notice, subject to subsection (2), apply to the Magistrates' Court or the court before which the person was convicted of the offence for a disposal order in respect of—
(a) given as soon as practicable, but not more than 7 days after the execution of the seizure warrant; and (b) in the prescribed form. 89 Report on execution of warrant etc. S. 89(1) amended by No. 63/2003 s. 24(1). (1) The person to whom a search warrant or a seizure warrant is issued must give a report in writing to the magistrate or judge who issued the warrant— (a) stating whether or not the warrant was executed; and (b) if the warrant was executed—setting out briefly the result of the execution of the warrant (including a brief description of anything seized); and (c) if the warrant was not executed—setting out briefly the reasons why the warrant was not executed; and S. 89(1)(d) amended by No. 63/2003 s. 24(2). (d) in the case of a search warrant, stating whether or not an occupier's notice has been served in connection with the execution of the warrant; and S. 89(1)(da) inserted by No. 63/2003 s. 24(3). (da) in the case of a seizure warrant, stating whether or not a notice of the execution of a seizure warrant has been given in accordance with section 88A; and S. 89(1)(e) amended by No. 63/2003 s. 24(4). (e) stating whether or not an embargo notice has been issued under section 93 in connection with the execution of the search warrant and describing briefly the property subject to the notice. (2) A report must be made within 10 days after the expiry of the warrant. (3) A person may apply to the magistrate or judge to whom a report has been given under
(2) A member of the police force executing a search warrant who is authorised by that warrant or section 92 to seize property may, if the property cannot, or cannot readily, be physically seized and removed, issue an embargo notice in the prescribed form— (a) by causing a copy of the notice to be served on the person in possession of the property; or (b) if that person cannot be located after all reasonable steps have been taken to do so, by affixing the copy to the property in a prominent position. S. 93(3) amended by No. 43/1998 s. 26(1). (3) A person who knows that an embargo notice relates to property and who— S. 93(3)(a) inserted by No. 43/1998 s. 26(1). (a) sells; or S. 93(3)(b) inserted by No. 43/1998 s. 26(1). (b) leases; or S. 93(3)(c) inserted by No. 43/1998 s. 26(1). (c) without the written consent of the member of the police force who issued the embargo notice, moves; or S. 93(3)(d) inserted by No. 43/1998 s. 26(1). (d) transfers; or S. 93(3)(e) inserted by No. 43/1998 s. 26(1). (e) otherwise deals with—
S. 98(2)(a) substituted by No. 87/2004 s. 20(1), amended by No. 68/2009 s. 97(Sch. item 23.62(a)), substituted by No. 68/2010 s. 60(a). (a) an accused has been charged with or convicted of a Schedule 1 offence or a Schedule 2 offence or a court has made— (i) a restraining order against property under section 18 in relation to a Schedule 2 offence; or (ii) a civil forfeiture restraining order against property in relation to a Schedule 2 offence; and (b) it is appropriate to make an order under this section— the court may, on application by a relevant person, make an order for the examination before the court of any person concerning— S. 98(2)(c) amended by Nos 87/2004 s. 20(2)(a), 68/2009 s. 97(Sch. item 23.62(b)). (c) the affairs of the accused or any other person, including the nature and location of— S. 98(2)(c)(i) amended by Nos 87/2004 s. 20(2)(b), 68/2009 s. 97(Sch. item 23.62(b)). (i) any property in which the accused or person has or may have an interest; or S. 98(2)(c)(ii) amended by No. 42/2007 s. 15. (ii) any property which the applicant for the order believes on reasonable grounds to be tainted property or restrained property; and (d) issues connected with the effective management and maintenance of any property referred to in paragraph (c), including any income, expenditure or liabilities in relation to the property.
S. 119(2) amended by No. 68/2010 s. 28(2). (2) Subsection (1) applies only where the cash dealer is not required to report the transaction under Division 2 of Part II of the Financial Transaction Reports Act 1988 of the Commonwealth or under section 41 of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 of the Commonwealth. s. 119 (3) The report must— S. 119(3)(a) amended by No. 68/2010 s. 28(1). (a) be in the form approved by the AUSTRAC CEO in writing for the purposes of section 16 of the Financial Transaction Reports Act 1988 of the Commonwealth; (b) contain the reportable details of the transaction; (c) set out the grounds for the suspicion referred to in subsection (1); be signed by the cash dealer. S. 119(4) amended by No. 68/2010 s. 28(1). (4) The communication to the AUSTRAC CEO of the information contained in the report must be made— 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.
the court may order the applicant for the forfeiture order or restraining order to pay all costs incurred by the person in connection with the proceedings or any part of those costs that is determined by the court. S. 133A(3) amended by No. 68/2010 s. 63(c). (3) If a person brings, or appears at, proceedings under this Act before the Supreme Court in order— S. 133A(3)(a) amended by No. 68/2010 s. 63(a). (a) to prevent a civil forfeiture order or a civil forfeiture restraining order from being made against property of the person; or s. 133A S. 133A(3)(b) amended by No. 68/2010 s. 63(b). (b) to have property of the person excluded from a civil forfeiture order or a civil forfeiture restraining order— the Supreme Court may order the applicant for the civil forfeiture order or civil forfeiture restraining order to pay all costs incurred by the person in connection with the proceedings or any part of those costs that is determined by the Court if— (c) the Supreme Court refuses to make a civil forfeiture order under section 38; or S. 133A(3)(d) amended by Nos 68/2009 s. 97(Sch. item 23.64), 68/2010 s. 63(d). (d) the person is successful in those proceedings. (4) The amount of costs referred to in subsections (2) and (3) is in the discretion of the court. Note to s. 133A inserted by No. 42/2007 s. 18(Sch. item 21). Note Property is defined as including any interest in property: see section 3(1). 134 Crime Prevention and Victims' Aid Fund s. 134
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 between those two dates, the offence is alleged to have been committed before the commencement of that section. S. 167 inserted by No. 63/2003 s. 42. 167 Confiscation (Amendment) Act 2003—Schedule trafficking offences transitional provisions (1) Item 1 of Schedule 2, as amended by section 37 of the Confiscation (Amendment) Act 2003, applies only with respect to an offence alleged to have been committed after the commencement of that section.
Sch. 1 item 7(ub) inserted by No. 63/2003 s. 36(6). (ub) section 130B(6) (failure to comply with court order prohibiting person from being in or on specified waters); (v) section 139 (taking fish etc. from research station or hatchery on Crown land); (w) section 147 (improper use of information). 8. An offence against any of the following provisions of the Flora and Fauna Guarantee Act 1988: Sch. 1 (a) section 47(1) (offences relating to protected flora); (b) section 52(1) (taking, trading in or keeping listed fish). 9. An offence against any of the following provisions of the Forests Act 1958: (a) section 59(1) (felling etc. tree in protected forest); (b) section 61 (felling etc. reserved tree); (c) section 96 (miscellaneous offences); Sch. 1 item 9(d) inserted by No. 48/2004 s. 133. (d) sections 96A and 96B. Sch. 1 item 10 substituted by No. 114/2003 s. 12.1.3(Sch. 6 item 3). 10. An offence against any of the following provisions of the Gambling Regulation Act 2003— (a) section 2.2.1(2) (lotteries prohibited); (b) section 2.5.2(1) (owning or occupying betting house); (c) section 2.5.5 (exhibiting placards or advertising betting houses); (d) section 2.5.6 (advertising as to betting); (e) section 2.5.8(1) (betting in street etc.); Sch. 1
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);
in respect of which the offences are committed is $75 000 or more; (k) section 178 (giving or receiving false or misleading receipt or account with intent to defraud or deceive principal) where— (i) only one offence is charged and the amount intended to be defrauded is $50 000 or more; or (ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the combined amounts intended to be defrauded are $75 000 or more; (l) section 179 (gift or receipt of secret commission in return for advice) where— (i) only one offence is charged and the valuable consideration in respect of which the offence is committed is $50 000 or more; or (ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the valuable consideration in respect of which the offences are committed is $75 000 or more; (m) section 180 (secret commission to trustee in return for substituted appointment) where— (i) only one offence is charged and the valuable consideration in respect of which the offence is committed is $50 000 or more; or (ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the valuable consideration in respect of which the offences are committed is $75 000 or more;