Australian Capital Territory Numbered Acts

PROCEEDS OF CRIME ACT 1991 (NO. 103 OF 1991)

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY SHORT TITLE

   1.      This Act may be cited as the Proceeds of Crime Act 1991.  
   2.      Commencement  
   3.      Principal objects  
   4.      Interpretation  
   5.      Meaning of “conviction” etc. of offence  
   6.      Meaning of “absconding”  
   7.      Meaning of “serious offence”  
   8.      Related offences  
   9.      Meaning of “dealing with property”  
   10.     Effective control of property  
   11.     Appropriate court in relation to indictable offence  
   12.     Application to Crown  
   13.     Application  

   PART II--CONFISCATION

   14.     Application for confiscation order  
   15.     Notice of application  
   16.     Amendment of application  
   17.     Making of confiscation order where person has absconded  
   18.     Procedure on application  
   19.     (1) Where—  
   20.     Effects of forfeiture order  
   21.     Effect of forfeiture order on third parties  
   22.     Discharge of forfeiture order on appeal or by quashing of conviction  
   23.     Application of Division  
   24.     Special provisions in relation to serious offences  
   25.     Pecuniary penalty orders  
   26.     Assessment of pecuniary penalty  
   27.     Court may lift corporate veil etc.  
   28.     Forfeiture of all restrained property if person convicted of serious offence  
   29.     Recovery of property to which section 28 applies  
   30.     Effect of quashing of conviction  
   31.     (1) Where a court—  
   32.     Buying out other interests in forfeited property  

   PART III--CONFISCATED ASSETS TRUST FUND

   33.     Establishment of Trust Fund  
   34.     Payments into Trust Fund  
   35.     Payments out of Trust Fund  
   36.     Application of distributable funds  
   37.     Determinations by Public Trustee about suspended and distributable funds  

   PART IV--CONTROL OF PROPERTY LIABLE TO CONFISCATION

   38.     (1) A police officer may—  
   39.     Search warrants in relation to tainted property  
   40.     Search warrants may be granted by telephone  
   41.     Searches in emergencies  
   42.     Responsibility for seized property  
   43.     Return of seized property  
   44.     Issue of search warrants by Territory courts in relation to interstate indictable offences  
   45.     (1) Where a person (in this section and section 46 called the “defendant”)—  
   47.     Notice of application for restraining order  
   48.     Extension of certain restraining orders  
   49.     Persons who may appear and adduce evidence  
   50.     Notice of restraining orders  
   51.     Court may make further orders  
   52.     Order for taxation of legal expenses to be met out of restrained property  
   53.     Public Trustee to discharge pecuniary penalty  
   54.     Charge on property subject to restraining order  
   55.     Registration of restraining orders  
   56.     Contravention of restraining orders  
   57.     Duties of Public Trustee  
   58.     Protection of Public Trustee from personal liability in certain cases  
   59.     Costs etc. payable to Public Trustee  
   60.     Court may revoke restraining orders  
   61.     When restraining order ceases to be in force  
   62.     Notice of applications under this Division  

   PART V--INFORMATION GATHERING POWERS

   63.     In this Part, unless the contrary intention appears—“indictable offence” includes an interstate indictable offence.  
   64.     Production orders  
   65.     Variation of production order  
   66.     Failure to comply with production order  
   67.     (1) A police officer may—  
   68.     Search warrant for location etc. of property  
   69.     (1) A police officer may apply to a Judge of the Supreme Court for an order (in this section called a “monitoring order”) directing a financial institution to give information to the police officer.  
   70.     Existence and operation of monitoring order not to be disclosed  
   71.     Interpretation  
   72.     Retention of records by financial institutions  
   73.     Register of original documents  

   PART VI--OFFENCES

   74.     (1) In this section—“transaction” includes the receiving or making of a gift.  
   75.     Possession etc. of property suspected of being proceeds of crime  
   76.     (1) A person who engages in organised fraud is guilty of an offence against this section punishable, upon conviction, by—  
   77.     (1) Where it is necessary, for the purposes of this Act, to establish the state of mind of a body corporate in respect of conduct engaged in, or deemed by subsection (2) to have been engaged in, by the body corporate, it is sufficient to show that a director, servant or agent of the body corporate, being a director, servant or agent by whom the conduct was engaged in within the scope of his or her actual or apparent authority, had that state of mind.  

   PART VII--INTERSTATE ORDERS AND WARRANTS

   78.     Registration of interstate restraining orders  
   79.     Effect of registration  
   80.     Duration of registration  
   81.     Cancellation of registration  
   82.     Charge on property subject to registered interstate restraining order  
   83.     Powers of Public Trustee in relation to interstate restraining orders  
   84.     Registration of interstate forfeiture orders  
   85.     Effect of registration  
   86.     Duration of registration  
   87.     Cancellation of registration  
   88.     (1) A facsimile copy of a sealed copy of an interstate restraining order or an interstate forfeiture order, or of a sealed copy of any amendments made to such an order, shall be regarded for the purposes of this Act as the same as the sealed copy, if the facsimile copy is itself certified in accordance with the Rules of the Supreme Court.  

   PART VIII--MISCELLANEOUS DEALINGS WITH FORFEITED PROPERTY

   89.     (1) A person who knows that a forfeiture order has been made in respect of registrable property shall not, unless the forfeiture order has been discharged, dispose of, or otherwise deal with, the property before the Territory's interest has been registered on the appropriate register.  
   90.     Standard of proof  
   91.     Appeals  
   92.     Costs  
   93.     Indemnification of Public Trustee  
   94.     Operation of other laws not affected  
   95.     Regulations