Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(see s 6)
Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2 In particular, the Legislation Act, dict, pt 1, defines the following terms:
• authorised deposit-taking institution
• child
• DPP
• entity
• fail
• foreign country
• found guilty
• function
• indictment
• interest (in relation to land or other property)
• lawyer
• may (see also s 146)
• must (see also s 146)
• police officer
• property
• public trustee
• registrar-general.
"abscond"—see section 16.
"account" means any facility or arrangement through which a financial institution accepts deposits or allows withdrawals, and includes—
(a) a facility or arrangement for a fixed term deposit or a safe-deposit box; and
(b) a facility or arrangement prescribed under the regulations for this definition.
"agent", for an agent that is a corporation, includes an officer, employee or agent of the corporation.
"artistic profits"—see section 81.
"artistic profits restraining order"—see section 20.
"associate", for division 12.5 (Examination orders and notices)—see section 164.
"at", for part 13 (Search warrants)—see section 195.
"authenticated", in relation to a corresponding law order, for part 11 (Interstate orders)—see section 136.
"authorised investigator", for division 12.5 (Examination orders and notices)—see section 165 (1).
"automatic forfeiture", of property, means the forfeiture of the property—
(a) under division 5.2 (Automatic forfeiture—conviction for serious offences); or
(b) under division 5.3 (Automatic forfeiture—unclaimed tainted property).
Note A registered interstate automatic forfeiture decision is taken to be an automatic forfeiture under this Act (see s 139).
"benefit" includes service or advantage.
"benefits", derived by an offender—see section 80.
"buyback order"—see section 124.
"civil forfeiture order"—see section 65.
"cleared", of an offence—see section 17.
"commission"—
(a) of a serious offence, for part 7 (Penalty orders)—see section 79; and
(b) of an offence by a person who has absconded—includes the alleged commission of the offence by the person.
"confiscation proceeding"—see section 236.
"convicted"—see section 15 (1).
"conviction forfeiture order"—see section 52.
"corresponding law" means a law of the Commonwealth, a State or another Territory that is declared under the regulations to be a corresponding law, whether or not the law corresponds, or substantially corresponds, to this Act.
"corresponding law order" means an order, notice or decision (however described) made under a corresponding law, whether or not the order, notice or decision—
(a) is made by a court; or
(b) corresponds, or substantially corresponds, to an order, notice or decision under this Act.
"data", for part 13 (Search warrants)—see section 195.
"data storage device", for part 13 (Search warrants)—see section 195.
"dealing", with property of a person, includes, for example—
(a) if a debt is owed to the person—making a payment to anyone in reduction of the debt; and
(b) disposing of the property (including, for example, making a gift of the property or removing the property from the ACT or Australia); and
(c) receiving the property, whether as a gift or otherwise; and
(d) creating or assigning an interest in the property; and
(e) using the property to obtain or extend credit; and
(f) using credit secured against the property.
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
"derived"—see section 12.
"distributable funds", for part 10 (Confiscated assets trust fund)—see section 128.
"effective control", of property—see section 14.
"encumbrance", in relation to property, includes any interest, mortgage, charge, right, claim or demand in relation to the property.
"equitable sharing program", for part 10 (Confiscated assets trust fund)—see section 129.
"examination notice"—see section 171.
"examination order"—see section 166.
"exclusion order"—see section 72.
"executing police officer", of a search warrant, for part 13 (Search warrants)—see section 195.
"finalised", for a confiscation or criminal proceeding—see section 18.
"financial institution" means—
(a) an authorised deposit-taking institution; or
(b) the Reserve Bank of Australia; or
(c) an entity registered or incorporated as a cooperative housing society or similar society under the law of the Territory, a State or another Territory; or
(d) a person who carries on State banking within the meaning of the Commonwealth Constitution, section 51 (13); or
(e) a corporation that is, or that, if it had been incorporated in Australia, would be, a financial corporation within the meaning of the Commonwealth Constitution, section 51 (20); or
(f) a person who permits someone else to deposit money with the person for use by the other person in relation to gaming or betting; or
(g) an entity prescribed under the regulations for this definition.
"forfeited" property, means property forfeited under part 5 (Forfeiture of property).
"forfeiture order" means a civil forfeiture order or a conviction forfeiture order.
Note A registered interstate forfeiture order is taken to be a forfeiture order under this Act (see s 139).
"forfeiture or penalty application", for division 4.3 (Duration of restraining orders)—see section 41.
"frisk search", for part 13 (Search warrants)—see section 195.
"fully satisfied"—a forfeiture order or penalty order, or an automatic forfeiture of property, is fully satisfied when—
(a) for an automatic forfeiture of property or a forfeiture order—the property that is the subject of the automatic forfeiture or order has vested in law in the Territory and the public trustee has taken control of the property; and
(b) for a penalty order—the amount of the order has been paid to, or recovered by, the Territory or realised by the public trustee from the disposal of property.
"indictable offence"—see section 13 (2).
"information order"—see section 186.
"inquiry notice"—see section 144.
"in relation to"—to remove any doubt, in relation to includes—
(a) in; and
(b) for or for the purposes of; and
(c) in connection with; and
(d) in respect of; and
(e) with respect to.
Example
The phrase ‘property used, or intended to be used by an offender, in relation to the commission of an offence' (in s 3 (d) and elsewhere) refers to all or any of the following:
(a) property used in or in relation to the commission of the offence;
(b) property used for or for the purposes of the commission of the offence;
(c) property used in connection with the commission of the offence;
(d) property used in respect of the commission of the offence;
(e) property used with respect to the commission of the offence.
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
"interested person", for part 8 (Forfeited property)—see section 107.
"interstate automatic forfeiture decision" means a corresponding law order prescribed under the regulations for this definition.
"interstate civil forfeiture order" means a corresponding law order prescribed under the regulations for this definition.
"interstate conviction forfeiture order" means a corresponding law order prescribed under the regulations for this definition.
"interstate forfeiture order" means an interstate civil forfeiture order or interstate conviction forfeiture order.
"interstate penalty charge"—see section 142 (2) (Interstate penalty charges).
"interstate penalty order" means a corresponding law order prescribed under the regulations for this definition.
"interstate restraining order" means a corresponding law order prescribed under the regulations for this definition.
"investigation", for division 12.5 (Examination orders and notices)—see section 164.
"issuing officer", for a search warrant, for part 13 (Search warrants)—see section 195.
"joint ownership"—property is jointly owned if the owners own the property as joint tenants or tenants in common.
"money laundering offence" means—
(a) an offence against the Crimes Act 1900, division 6.2A (Money laundering and organised fraud); or
(b) an offence against a law of the Commonwealth, a State or another Territory that is declared under the regulations to be a corresponding offence, whether or not the offence corresponds, or substantially corresponds, to an offence mentioned in paragraph (a).
"monitoring order"—see section 148.
"narcotic substance", for division 7.3 (Value of benefits)—see section 90.
"non-disclosable information order"—see section 191.
"occupier", of premises, for part 13 (Search warrants)—see section 195.
"offence"—see section 13 (1).
"offender", in relation to an offence, means a person (including a corporation) who committed, or is alleged to have committed, the offence.
Note A reference to a person generally includes a reference to a corporation as well as an individual, see Legislation Act, s 160. (See also the Legislation Act, dict, pt 1, def person.)
"ordinary indictable offence"—see section 13 (2).
"ordinary search", for part 13 (Search warrants)—see section 195.
"party", to an offence, means a person who—
(a) commits or participates in the offence; or
(b) is an accessory before or after the fact to the offence.
"penalty charge"—see section 94 (4) (Creation of penalty charge over restrained property).
Note An interstate penalty charge is taken to be a penalty charge under this Act (see s 142).
"penalty order"—see section 82.
"person assisting", in relation to a search warrant, for part 13 (Search warrants)—see section 195.
"premises", for part 13 (Search warrants)—see section 195.
"present" an indictment includes laying an information.
"production order"—see section 156.
"property"—
(a) of an offender, for division 7.3 (Value of benefits)—see section 90; and
(b) of a person, includes property in which the person has a beneficial interest.
"property-tracking document"—see section 157.
"purposes of this Act"—see section 3.
"quashed"—see section 15 (3) and (4).
"registered", for a corresponding law order, means registered under part 11 (Interstate orders).
"registrable property" means property title to which is passed by registration in a statutory property register.
"registered property interest" means an interest in property recorded in a statutory property register.
"related" offence—see section 13 (3).
"relevant court"—see section 238.
"reserved funds", for part 10 (Confiscated assets trust fund)—see section 128.
"restrained", in relation to property, means property subject to a restraining order.
"restraining order"—see section 19.
Note A registered interstate restraining order is taken to be a restraining order under this Act (see s 139).
"return or compensation order"—see section 121.
"search warrant", for part 13 (Search warrants)—see section 195.
"serious offence"—see section 13 (2).
"statutory property register" means a register kept under a Territory law, or a law of the Commonwealth, a State or another Territory, for recording ownership of property (including interests in property) if—
(a) title to the property is passed by registration in the register of ownership of the property; or
(b) the owner of an interest in the property may lose the interest if the interest is not registered in the register.
Examples
1 the register of land titles kept under the Land Titles Act 1925, section 43
2 the register of interests in goods mentioned in the Sale of Motor Vehicles Act 1977, part 4A (Registration of interests in motor vehicles)
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
"subject to forfeiture", in relation to property—see section 73.
"sufficient consideration", in relation to acquiring or disposing or otherwise dealing with property, means acquiring, disposing of, or otherwise dealing with, the property for a consideration that is sufficient and that appropriately reflects the value of the property having regard only to commercial considerations.
"tainted property"—see section 10.
"target material", for part 13 (Search warrants)—see section 195.
"transaction suspension order"—see section 152.
"trust fund" means the confiscated assets trust fund under section 130.
"unclaimed tainted property"—see section 11.
"unclaimed tainted property restraining order"—see section 21.
"vehicle", for part 13 (Search warrants)—see section 195.
Endnote
Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au.
[Presentation speech made in Assembly on 21 November
2002]
I certify that the above is a true copy of the Confiscation of Criminal
Assets Bill 2003 which originated in the Assembly as the Confiscation of
Criminal Assets Bill 2002 and was passed by the Legislative Assembly on 4 March
2003.
Clerk of the Legislative Assembly
© Australian Capital Territory 2003