Australian Capital Territory Numbered Acts

CONFISCATION OF CRIMINAL ASSETS ACT 2003 (NO. 8 OF 2003) - SECT 60

    (1)     A relevant court may, when it convicts a person of a serious offence or at any later time, make any order that it considers appropriate for giving effect to an automatic forfeiture of property.

Examples of orders

1     an order for the examination of anyone before the court, or an officer of the court, about any property that might be forfeited because of the conviction

1     an order directing the owner of property that might be forfeited because of the conviction, or anyone else, to give to a stated person, within a stated period, a sworn statement about stated particulars of the property

2     an order directing the owner of property that might be forfeited because of the conviction, or anyone else, to do anything necessary or convenient to be done to allow the public trustee to take control of the property, including anything necessary or convenient to be done to bring the property within the jurisdiction

3     an order in relation to the registration of title to, or charges over, property under a Territory law

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).

    (2)     The order may be made on the court's initiative, or on the application of any of the following people:

        (a)     the DPP;

        (b)     the offender;

        (c)     the public trustee;

        (d)     anyone with an interest in property to which the order relates;

        (e)     anyone else with the court's leave.

Note     For general provisions about a proceeding for an order under this section (which is a confiscation proceeding—see s 236), see pt 14.

    (3)     A person commits an offence if—

        (a)     a relevant court makes an order under subsection (1) to give effect to an automatic forfeiture of property; and

        (b)     the order requires the person to do, or not do, something stated in the order; and

        (c)     the person has notice of the order (whether by being given a copy of the order or otherwise); and

        (d)     the person contravenes the order.

Maximum penalty: 200 penalty units, imprisonment for 2 years or both.