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; court means Supreme Court or County Court or, subject to section 12, the Magistrates' Court or Children's Court, as the case requires; credit union means a credit union or credit society carrying on business under an Act or the laws of another State or a Territory; S. 3(1) def. of defendant repealed by No. 68/2009 s. 97(Sch. item 23.3). * * * * *
(e) a casino operator within the meaning of the Casino Control Act 1991; or (f) the holder of the wagering licence under Part 3 of Chapter 4 of the Gambling Regulation Act 2003; fixed term deposit means an interest bearing deposit lodged for a fixed period; S. 3(1) def. of forfeiture offence amended by No. 104/2003 s. 5(2), repealed by No. 87/2004 s. 5(b). * * * * * forfeiture order means an order made under Division 1 of Part 3; S. 3(1) def. of freezing order inserted by No. 63/2003 s. 5(1). freezing order means an order made under section 31F; S. 3(1) def. of gift amended by Nos 68/2009 s. 97(Sch. item 23.5), 68/2010 s. 35(6), 79/2014 s. 4(b). gift, in relation to property, includes a transfer for a consideration significantly less than the greater of— (a) the prevailing market value of the property; or (b) the consideration paid by the accused or, in relation to civil forfeiture or unexplained wealth forfeiture, the transferor of the property; S. 3(1) def. of information notice inserted by No. 63/2003 s. 5(1). information notice means a notice issued under section 118D or 118E;
(b) in Parts 11 and 13, includes an interstate offence; search warrant means (except in Division 2 of Part 13) a search warrant issued under Part 11 and in Division 2 of Part 13 means a search warrant issued under that Division; S. 3(1) def. of Secretary inserted by No. 63/2003 s. 5(1), amended by No. 20/2015 s. 7. Secretary means the Secretary to the Department of Justice and Regulation; 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 section 40S exclusion order inserted by No. 79/2014 s. 4(f). section 40S exclusion order means an order made under section 40S excluding property or an interest in property from an unexplained wealth restraining order; S. 3(1) def. of section 40ZD exclusion order inserted by No. 79/2014 s. 4(f). section 40ZD exclusion order means an order made under section 40ZD excluding property or an interest in property from an unexplained wealth forfeiture;
S. 3(2) inserted by No. 63/2003 s. 5(2), amended by Nos 108/2004 s. 117(1) (Sch. 3 item 38), 20/2015 s. 7. (2) If under the Public Administration Act 2004 the name of the Department of Justice and Regulation is changed, the reference in subsection (1) in the definition of Secretary to that Department must, from the date when the name is changed, be treated as a reference to the Department by its new name. S. 3(3) inserted by No. 42/2007 s. 4(4), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 7.2). (3) For the purposes of the definition of domestic partner in subsection (1)— (a) registered relationship has the same meaning as in the Relationships Act 2008; and (b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and (c) a person is not a domestic partner of another person only because they are co-tenants. S. 3A inserted by No. 68/2010 s. 5. 3A Objects The main objects of this Act are— (a) to deprive persons of the proceeds of certain offences and of tainted property; and (b) to deter persons from engaging in criminal activity; and S. 3A(c) amended by No. 79/2014 s. 5(a). (c) to disrupt criminal activity by preventing the use of tainted property in further criminal activity; and S. 3A(d) inserted by No. 79/2014 s. 5(b). (d) to undermine the profitability of serious criminal activity.
(b) an unexplained wealth restraining order. (2) If a restraining order under this Part made for the purposes of section 15(1)(a), (b) or (c) and a civil forfeiture restraining order or an unexplained wealth restraining order (or both) apply in relation to the same property or interest in property, the restraining order under this Part, to the extent that it applies to that property or interest in property, remains in operation until the earliest of the following— (a) the property being able to be disposed of in accordance with section 44(2) because a civil forfeiture order under Division 2 of Part 4 has been made in relation to the property or interest in property; (b) the property being able to be disposed of in accordance with section 44(2) because unexplained wealth forfeiture of the property or interest in property has occurred under section 40ZA; (c) the restraining order ceasing to operate or being set aside in whole or in relation to the property or interest in property under section 27; (d) the property or interest in property being excluded from the operation of the restraining order by an exclusion order. 16 Application for restraining order S. 16(1) substituted by No. 87/2004 s. 8(1), amended by No. 68/2009 s. 97(Sch. item 23.15). (1) If a person has been, or within the next 48 hours will be, charged with or has been convicted of a Schedule 1 offence— (a) the DPP may apply, without notice, to any court; or
S. 20(1B) inserted by No. 87/2004 s. 10(1), amended by No. 77/2013 s. 3(1). (1B) Subject to subsection (1C), the court may extend the period within which an application may be made, whether or not that period has expired, if it is in the interests of justice to do so. S. 20(1C) inserted by No. 77/2013 s. 3(2). (1C) The court may not extend the period within which an application may be made in respect of property that has been forfeited by or under this Act. S. 20(2) amended by No. 87/2004 s. 10(2). (2) An applicant must give notice of the application, and, subject to subsection (6), of the grounds on which it is made— (a) to the applicant for the restraining order; and (b) to any other person whom the applicant has reason to believe has an interest in the property. S. 20(2A) inserted by No. 79/2014 s. 45. (2A) An application for an exclusion order must include documentary evidence of any transactions relating to the transfer of property alleged by the applicant to have occurred that would support the application. S. 20(3) amended by Nos 68/2010 s. 42, 55/2014 s. 24(2). (3) Any person referred to in subsection (2) is entitled to appear and to give evidence at the hearing of an application for an order under section 21, 22 or 22A but the absence of that person does not prevent the court from making an order under section 21, 22 or 22A. (4) If the person referred to in subsection (2)(a) proposes to contest an application for an exclusion order, that person must give the applicant notice of the grounds on which the application is to be contested. S. 20(5) inserted by No. 87/2004 s. 10(3). (5) If— (a) a court makes a restraining order against property under section 18 in relation to an offence; and
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(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
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 S. 27(1) amended by Nos 87/2004 s. 14(1)(a)(b), 68/2009 s. 97(Sch. item 23.22 (a)(b)), 55/2014 s. 27(1). (1) If, at the end of the period of 48 hours after the making of a restraining order (other than a serious drug offence restraining order) in reliance on the proposed charging of an accused with a Schedule 1 offence or a Schedule 2 offence, the accused has not been charged with the offence or a related offence that is a Schedule 1 offence or a Schedule 2 offence, whether or not in the same Schedule as the original offence, the order ceases to be in force at the end of that period. S. 27(2) amended by No. 43/1998 s. 14(1), substituted by No. 87/2004 s. 14(2), repealed by No. 68/2010 s. 45(1), new s. 27(2) inserted by No. 55/2014 s. 27(2). (2) If— (a) a serious drug offence restraining order is made in reliance on the proposed charging of an accused with a serious drug offence; and (b) at the end of the period of 48 hours after the making of the serious drug offence restraining order, the accused has not been charged with the offence or a related offence that is a serious drug offence— the serious drug offence restraining order ceases to be in force at the end of that period.
are awarded in relation to that offence, the State must ensure that the order for restitution, compensation or damages is satisfied, to the value of the restrained property, before any other purpose for which the restraining order is made. S. 31 amended by No. 43/1998 s. 15(1)(b)(2) (ILA s. 39B(1)). 31 State to pay restitution and compensation out of forfeited property etc. (1) If— S. 31(1)(a) repealed by No. 43/1998 s. 15(1)(a). * * * * * (b) property is forfeited by or under this Act, or a pecuniary penalty order is made, in relation to the offence in reliance on which the restraining order is made; and (c) an order for restitution or compensation is made under the Sentencing Act 1991 in relation to that offence or damages are awarded in relation to that offence— S. 31(2) inserted by No. 43/1998 s. 15(2). the State must satisfy, subject to subsection (2), to the value of the property forfeited or the amount of the penalty paid (less conversion costs), the order for restitution, compensation or damages. (2) If, in relation to an offence, the value of the property forfeited and the amount of the penalty paid (less conversion costs) are 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—
S. 31M (Heading) inserted by No. 104/2003 s. 5(5)(a). S. 31M inserted by No. 63/2003 s. 10, amended by No. 104/2003 s. 5(5)(b). 31M Freezing order to be disregarded for certain purposes If a financial institution is given, or has been given, notice of a freezing order, the fact that the freezing order has been made must be disregarded for the purposes of the application of section 194 or 195A of the Crimes Act 1958 in relation to the institution. Division 1—Forfeiture on court order 32 Application for forfeiture order S. 32(1) amended by Nos 87/2004 s. 22(1)(d), 68/2009 s. 97(Sch. item 23.23). (1) If an accused is convicted of a Schedule 1 offence, the DPP or an appropriate officer may apply to the Supreme Court or the court before which the accused was convicted of the offence for a forfeiture order in respect of tainted property. (2) Except with the leave of the court, an application may only be made under subsection (1) before the end of the relevant period (if any) in relation to the conviction. (3) A court must not grant leave under subsection (2) unless it is satisfied that— (a) the property to which the application relates was derived, realised or identified only after the end of the relevant period; or (b) necessary evidence became available only after the end of the relevant period; or (c) it is otherwise in the interests of justice to do so.
of the offence before that court has passed sentence for the offence, that court may make a forfeiture order at the time of passing sentence and for this purpose the court may, if it thinks it necessary to do so, defer the passing of sentence until it has determined the application for the order. S. 33(4) amended by No. 69/2009 s. 54(Sch. Pt 1 item 9.1). (4) On an application under section 32(1) a court may, subject to Part 3.10 of the Evidence Act 2008 and any rules of court, take into account in determining the application any material that it thinks fit, including evidence given in any proceeding relating to the offence in reliance on the conviction of which the application is made and, for this purpose, the whole or any part of the transcript of those proceedings is admissible in evidence as if it were a record of evidence given on the hearing of the application. (5) In considering whether to make an order under subsection (1) in respect of particular property, the court may have regard to— (a) the use that is ordinarily made, or had been intended to be made, of the property; and S. 33(5)(b) substituted by No. 55/2014 s. 14(1). (b) subject to subsection (5A), any undue hardship that may reasonably be likely to be caused to any person by the order; and (c) the claim of any person to an interest in the property having regard to the matters specified in section 50(1). S. 33(5A) inserted by No. 55/2014 s. 14(2). (5A) For the purposes of subsection (5)(b), when having regard to any hardship caused to the person convicted of the offence in relation to which the forfeiture order is sought, the court must not take into account the impact on that person of the sentence given for that offence.
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(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. S. 36K(3) amended by No. 55/2014 s. 5(2). (3) An application for a civil forfeiture restraining order does not need to specify a particular person alleged to have committed the Schedule 2 offence or any one or more of the Schedule 2 offences in relation to which the property which is the subject of the application is reasonably suspected of being tainted property.
(g) an order directing any relevant registration authority not to register any instrument affecting property to which the civil forfeiture restraining order relates while it is in force except in accordance with the order; S. 36W(6)(h) amended by No. 55/2014 s. 57(a). (h) if the civil forfeiture restraining order did not direct a trustee or a person holding a prescribed position referred to in section 36H(3) to take control of property in accordance with section 36H(3), an order directing a trustee or a person holding a prescribed position referred to in section 36H(3) to take control of property at any later time specified in the order under subsection (1); S. 36W(6)(i) amended by No. 55/2014 s. 57(b)(i). (i) if the civil forfeiture restraining order directed a trustee or a person holding a prescribed position referred to in section 36H(3) to take control of property— S. 36W(6)(i)(i) amended by No. 55/2014 s. 57(b)(ii). (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 civil forfeiture restraining order; (ii) an order determining any question relating to the property; (j) an order directing a person to whose property the civil forfeiture restraining order relates or who has an interest in that property to use or manage specified property to which the civil forfeiture restraining order relates, subject to conditions specified in the order;
(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. Pt 4A (Heading and ss 40C–40ZD) inserted by No. 79/2014 s. 16. Division 1—Unexplained wealth restraining orders S. 40C inserted by No. 79/2014 s. 16. 40C Unexplained wealth restraining orders (1) An unexplained wealth restraining order is an order that no property or interest in property, that is property or an interest to which the order applies, is to be disposed of, or otherwise dealt
(c) there is no reason why the interest should not be transferred to the applicant— the Minister may make a declaration of the value (as at the time of making the declaration) of the interest and notify the applicant accordingly. S. 56(4) amended by No. 43/1998 s. 21(1). (4) If the applicant pays to the Minister the amount so notified within 2 months, the Minister may transfer the interest to the applicant and the forfeiture is discharged to the extent to which it relates to the interest. S. 56(5) amended by No. 43/1998 s. 36(r). (5) If the Minister is permitted by this section to transfer an interest in property to a person, the Minister or a prescribed person authorised by the Minister for the purposes of this subsection has power to do, or authorise the doing of, anything necessary or convenient to effect the transfer, including, but not limited to, the execution of any instrument and the making of an application for registration of an interest in the property on any appropriate register. (6) A determination or purported determination of the Minister under this section is not liable to be challenged, appealed against, reviewed, quashed or called in question in any court or tribunal on any account. S. 56(7) amended by Nos 43/1998 s. 21(2), 68/2009 s. 97(Sch. item 23.41). (7) If an applicant has paid an amount under this section in respect of an interest in property forfeited under Part 3 and in relation to an offence for which the conviction is subsequently set aside, the applicant is entitled to the refund of the amount paid. 57 Buying out other interests in forfeited property S. 57(1) amended by Nos 43/1998 s. 36(s), 79/2014 s. 24. (1) If property is forfeited to the Minister under Part 3, Part 4 or Part 4A, any person who claims to have had an interest in the property immediately before it was forfeited may apply in
68 Assessment of benefits in relation to Schedule 2 offences S. 68(1) amended by No. 87/2004 s. 19(j)(i)(ii). (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. 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 S. 68(4)(a)(i)(B) substituted by No. 42/2007 s. 13. (B) is not derived property; and S. 68(4)(a)(i)(C) inserted by No. 42/2007 s. 13. (C) is not tainted property; or (ii) an interstate forfeiture order already applies to the property; or (iii) a forfeiture order, an interstate forfeiture order, a pecuniary penalty order or an interstate pecuniary penalty order under the Crimes (Confiscation of Profits) Act 1986 already applies to the property; or (b) in the case of expenditure— (i) the funds which were expended were lawfully acquired and were not derived or realised, directly or indirectly, by any person from any unlawful activity; or (ii) the expenditure was made to satisfy a pecuniary penalty order or an interstate pecuniary penalty order under this Act or the Crimes (Confiscation of Profits) Act 1986. Note to s. 68 inserted by No. 42/2007 s. 18(Sch. item 20). Note Property is defined as including any interest in property: see section 3(1).
subsection (1) for an order authorising the person to inspect the report if the person satisfies the magistrate or judge that he or she is— (a) the owner or occupier of premises upon which the warrant was executed; or (b) a person who has an interest in property seized in the execution of the warrant; or (c) a person who has an interest in property subject to an embargo notice issued under section 93 in connection with the execution of the warrant. S. 90 amended by No. 63/2003 s. 24(5)(a). 90 Absence etc. of magistrate or judge who issued warrant If the magistrate or judge who issued a search warrant or a seizure warrant has ceased to hold office or is absent— (a) a report required to be given to him or her under section 89; or 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 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. (3) The power conferred by this section to seize property includes power— (a) to remove the property from the premises where it is found; and (b) to guard the property in or on those premises; and (c) to make copies of the whole or any part of the property; and (d) to issue an embargo notice under section 93 in respect of the property. 93 Embargo notice (1) In this section, property does not include real property. S. 93(2) amended by No. 37/2014 s. 10(Sch. item 25.13). (2) A police officer executing a search warrant who is authorised by that warrant or section 92 to seize property may, if the property cannot, or cannot
S. 95B inserted by No. 63/2003 s. 25. 95B What must be in the application? (1) An application under section 95A must be supported by evidence on oath or by affidavit of the applicant. (2) An application under section 95A must specify— (a) whether the warrant was issued under the Crimes Act 1958 or the Drugs, Poisons and Controlled Substances Act 1981; and (b) when the warrant was issued; and (c) the property seized under the warrant which is the subject of the application; and (d) the grounds on which the applicant believes that the property seized under the warrant is tainted property; and (e) whether any directions have been made in relation to the property and, if so, whether those directions have been complied with; and S. 95B(2)(f) amended by No. 68/2009 s. 97(Sch. item 23.60). (f) the offence or offences with which the accused has been charged; and (g) that the property which is the subject of the application is no longer required for evidentiary purposes under the Crimes Act 1958 or the Drugs, Poisons and Controlled Substances Act 1981 (as the case requires). S. 95C inserted by No. 63/2003 s. 25. 95C Court may make declaration (1) If the Magistrates' Court is satisfied that it is appropriate to do so, the Court may make a
A search warrant authorises the person to whom it is directed, with any assistants and by any force that is necessary and reasonable— (a) to break, enter and search any premises named or described in the warrant for any document of the kind described in the warrant; and (b) to seize any document found in the course of the search that the person executing the warrant believes, on reasonable grounds, to be a document of that kind; and (c) to seize any document or thing found in the course of the search that the person executing the warrant believes, on reasonable grounds— S. 113(c)(i) amended by No. 87/2004 s. 22(2)(k). (i) to be a property-tracking document in relation to the offence (although not of a kind described in the warrant) or in relation to another Schedule 1 offence or Schedule 2 offence; or S. 113(c)(ii) amended by No. 87/2004 s. 22(2)(l). (ii) to be a thing that will afford evidence about the commission of a Schedule 1 offence— and that he or she believes, on reasonable grounds, is necessary to be seized in order to prevent its concealment, loss or destruction. S. 114 amended by Nos 87/2004 s. 22(2)(m), 37/2014 s. 10(Sch. item 25.19). 114 Search for documents with consent Nothing in this Division prevents a police officer, with the consent of the occupier of any premises, entering and searching the premises for a property-tracking document in relation to a Schedule 1 offence or a Schedule 2 offence and seizing any document found in the course of the search that he or she believes, on reasonable grounds, to be a document of that kind.
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 Nos 55/2014 s. 41(b), 79/2014 s. 34(a). (iii) has benefited directly or indirectly, or is about to benefit directly or indirectly, from the commission of a Schedule 1 offence or a Schedule 2 offence; or S. 115(2)(a)(iv) inserted by No. 79/2014 s. 34(b). (iv) has engaged in serious criminal activity; and (b) setting out the grounds on which the applicant holds those beliefs. (3) The Supreme Court may require the applicant to give it any additional information that it requires concerning the grounds on which the order is sought. (4) An application under subsection (1) must be heard in closed court. 116 Monitoring orders (1) The Supreme Court may, on an application under section 115(1), if it considers that, having regard to the matters contained in the affidavit of the applicant and to any other sworn evidence before it, there are reasonable grounds for doing so, make a monitoring order against the financial institution. (2) A monitoring order must specify— (a) the name or names in which the account is believed to be held; and
in relation to any action by the cash dealer, reporting entity or person taken in good faith under this section or taken in good faith in the reasonable belief that it was required by this section. S. 119(8) amended by No. 68/2010 s. 28(5). (8) A cash dealer or reporting entity or an officer, employee or agent of a cash dealer or reporting entity who communicates or gives information under this section must be taken, for the purposes of the offence of money laundering, not to have been in possession of that information at any time. (9) A cash dealer must not refuse or fail— (a) to prepare a report; or S. 119(9)(b) amended by No. 68/2010 s. 28(1). (b) to communicate information to the AUSTRAC CEO— when and as required under subsection (1). Level 7 imprisonment (2 years maximum) or a level 7 fine (240 penalty units maximum) or both. S. 119(10) amended by No. 68/2010 s. 28(1). (10) A cash dealer must not, in communicating information to the AUSTRAC CEO under subsection (1), knowingly— (a) make a statement that is false or misleading in a material particular; or (b) omit from a statement any matter or thing without which the statement is misleading in a material particular. Level 7 imprisonment (2 years maximum) or a level 7 fine (240 penalty units maximum) or both.
Nothing in this Act limits or restricts the operation of any other law providing for the forfeiture of property. S. 144A inserted by No. 79/2006 s. 13. 144A Validation (1) A restraining order made on or before 26 September 2005 is not invalid only because it is directed to a named person and is deemed to have, and always to have had, effect according to its tenor. (2) Subsection (1) does not affect the rights of the parties in the proceeding known as Director of Public Prosecutions (Vic.) v. Navarolli and Mokbel (No. 1545 of 2005) in the Supreme Court of Victoria. S. 145 amended by No. 63/2003 s. 35 (ILA s. 39B(1)). 145 Supreme Court—limitation of jurisdiction (1) It is the intention of sections 55(10), 56(6), 57(6), 106(3) and 119(7) to alter or vary section 85 of the Constitution Act 1975. S. 145(2) inserted by No. 63/2003 s. 35. (2) It is the intention of section 118L to alter or vary section 85 of the Constitution Act 1975. 146 Regulations (1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. (2) The regulations— (a) may be of general or limited application; and (b) may differ according to differences in time, place or circumstance. 147 Rules of court
(2) Despite the commencement of Part 3 of the Confiscation Amendment Act 2010, this Act, as in force immediately before that commencement, continues to apply in respect of any old civil forfeiture matter as if Part 3 of the Confiscation Amendment Act 2010 had not been enacted. (3) Part 4 as substituted by section 49 of the Confiscation Amendment Act 2010 applies with respect to any proceedings for civil forfeiture commenced on or after the commencement of section 49 of that Act irrespective of whether the property to which the proceeding relates is or was reasonably suspected of being tainted property in relation to a Schedule 2 offence before, on or after that commencement. S. 182 inserted by No. 68/2010 s. 69. 182 Confiscation Amendment Act 2010—tainted property and derived property (1) The definition of derived property as substituted by section 35(4) of the Confiscation Amendment Act 2010 applies with respect to any proceedings for civil forfeiture commenced on or after the commencement of section 35(4) of that Act irrespective of whether the Schedule 2 offence to which the property relates was committed before, on or after that commencement. (2) If a proceeding for civil forfeiture has commenced before commencement of section 35(4) of the Confiscation Amendment Act 2010, the definition of derived property, as in force immediately before the commencement of section 35(4) of that Act, continues to apply as if that definition had not been substituted by that section. (3) The definition of tainted property as substituted by section 35(5) of the Confiscation Amendment Act 2010 applies with respect to any proceedings for civil forfeiture commenced on or after the
S. 184 inserted by No. 68/2010 s. 69. 184 Transitional provisions for Confiscation Amendment Act 2010 do not derogate from Interpretation of Legislation Act 1984 Sections 181 to 183 are in addition to, and not in derogation from, the provisions of the Interpretation of Legislation Act 1984. S. 185 inserted by No. 73/2011 s. 18. 185 Sex Work and Other Acts Amendment Act 1 offences transitional provision (1) Clause 17 of Schedule 1, as substituted by section 16 of the Sex Work and Other Acts Amendment Act 2011, applies to an offence alleged to have been committed on or after the commencement of section 16 of that Act. (2) For the purposes of subsection (1), if an offence is alleged to have been committed between two dates, one before and one on or after the commencement of section 16 of the Sex Work and Other Acts Amendment Act 2011, the offence is alleged to have been committed before that commencement. S. 186 inserted by No. 73/2011 s. 18. 186 Sex Work and Other Acts Amendment Act 2 offences transitional provision S. 186(1) amended by No. 77/2013 s. 14. (1) Clause 2(ba), (bb), (bc) and (bd) of Schedule 2, as inserted by section 17 of the Sex Work and Other Acts Amendment Act 2011, apply to an offence alleged to have been committed on or after the commencement of section 17 of that Act. (2) For the purposes of subsection (1), if an offence is alleged to have been committed between two dates, one before and one on or after the commencement of section 17 of the Sex Work and Other Acts Amendment Act 2011, the
(e) section 22(1A) (sex work service providers to be licensed); (f) section 57(1) (licensee carrying on business with unlicensed partner). Sch. 1 item 18 inserted by No. 44/1999 s. 33(2), amended by No. 104/2003 s. 5(9). 18. An offence against section 123 of this Act (possession etc. of property suspected of being proceeds of crime), as in force immediately before its repeal by section 5(1) of the Crimes (Money Laundering) Act 2003. Sch. 1 item 19 inserted by No. 104/2003 s. 5(10). 19. An offence against section 195 of the Crimes Act 1958. Sch. 2 (Heading) substituted by No. 87/2004 s. 22(2)(z). 1. An offence against any of the following provisions of the Drugs, Poisons and Controlled Substances Act 1981: Sch. 2 cl. 1(a) substituted by No. 61/2001 s. 11(1)(a). (a) section 71 (trafficking in a quantity of a drug or drugs of dependence that is not less than the large commercial quantity applicable to that drug or those drugs); Sch. 2 cl. 1(ab) inserted by No. 61/2001 s. 11(1)(a). (ab) section 71AA (trafficking in a quantity of a drug or drugs of dependence that is not less than the commercial quantity applicable to that drug or those drugs); Sch. 2 cl. 1(ac) inserted by No. 63/2003 s. 37(1). (ac) section 71AB (trafficking in a drug of dependence to a child) where— (i) the drug of dependence is a drug specified in Part 3 of Schedule Eleven to that Act; and