Australian Capital Territory Numbered Acts

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PROCEEDS OF CRIME ACT 1991 (NO. 103 OF 1991) - SECT 4

Interpretation

4. (1) In this Act, unless the contrary intention appears—“account” means any facility or arrangement through which a financial institution accepts deposits or allows withdrawals and includes a facility or arrangement for—

        (a)     a fixed term deposit; or

        (b)     a safety deposit box;

“agent” includes, if the agent is a corporation, the officers and agents of the corporation;
“appropriate officer” means the DPP or a person in a class of persons declared by the regulations to be within this definition;
“approved” means approved by the Minister in writing for the purposes of the provision in which the term occurs;
“Bankruptcy Act” means the Bankruptcy Act 1966 of the Commonwealth;
“benefit” includes service or advantage;
“Chief Police Officer” means the police officer who is responsible for the day-to-day administration and control of police services in the Territory;
“confiscation order” means a forfeiture order or pecuniary penalty order;
“corresponding law” means a law of a State or another Territory that is declared by the regulations to be a law that corresponds to this Act;
“Crimes Act” means the Crimes Act, 1900 of the State of New South Wales in its appliction in the Territory;
“Customs Act” means the Customs Act 1901 of the Commonwealth;
“director”, in relation to a financial institution or a corporation, means—

        (a)     if the institution or corporation is a body corporate incorporated for a public purpose by a law of the Territory or a State or another Territory—a constituent member of the body corporate;

        (b)     any person occupying or acting in the position of director of the institution or corporation, by whatever name called and whether or not validly appointed to occupy or duly authorised to act in the position; and

        (c)     any person in accordance with whose directions or instructions the directors of the institution or corporation are accustomed to act;

“distributable funds” means money in the Trust Fund that is—

        (a)     identified as distributable funds in accordance with the regulations (other than such money as is identified by the Public Trustee under subsection 37 (2) as suspended funds); or

        (b)     identified by the Public Trustee under subsection 37 (3) as distributable funds;

“DPP” means the Director of Public Prosecutions;
“encumbrance”, in relation to property, includes any interest, mortgage, charge, right, claim or demand in respect of the property;
“equitable sharing program” means an arrangement under which either or both of the following happen:

        (a)     the Territory shares with the Commonwealth, a State or another Territory a proportion of any proceeds of any unlawful activity recovered under a Territory law;

        (b)     the Commonwealth, a State or another Territory shares with the Australian Capital Territory any proceeds resulting from a breach of the criminal law of the Commonwealth, that State or that Territory;

“executive officer”, in relation to a financial institution or a corporation, means any person, by whatever name called and whether or not he or she is a director of the institution or corporation, who is concerned, or takes part, in the management of the institution or corporation;
“facsimile copy” means a copy obtained by facsimile transmission;
“financial institution” means—

        (a)     the Reserve Bank of Australia;

        (b)     a bank within the meaning of the Banking Act 1959 of the Commonwealth;

        (c)     a building society within the meaning of the Co-operative Societies Act 1939 ;

        (d)     a credit society within the meaning of the Co-operative Societies Act 1939 ;

        (e)     a person who carries on State banking within the meaning of paragraph 51 (xiii) of the Constitution of the Commonwealth;

        (f)     a body corporate that is, or that, if it had been incorporated in Australia, would be, a financial corporation within the meaning of paragraph 51 (xx) of the Constitution of the Commonwealth; or

        (g)     a person who permits other persons to deposit money with him or her for use by those other persons in connection with gaming or betting;

“fixed term deposit” means an interest bearing deposit lodged for a fixed period;
“forfeiture order” means an order under subsection 19 (1);
“government business enterprise” means a prescribed government business enterprise;
“indictable offence” means an offence against a law of the Territory that may be dealt with as an indictable offence (even if it may, in some circumstances, be dealt with as a summary offence);
“interest”, in relation to property, means—

        (a)     a legal or equitable estate or interest in the property; or

        (b)     a right, power or privilege in connection with the property;

whether present or future and whether vested or contingent;

“interstate forfeiture order” means an order that is made under a corresponding law and is of a kind declared by the regulations to be within this definition;
“interstate indictable offence” means an offence against a law of a State or another Territory, being an offence in relation to which an interstate forfeiture order or an interstate pecuniary penalty order may be made under a corresponding law of that State or Territory;
“interstate pecuniary penalty order” means an order that is made under a corresponding law and is of a kind declared by the regulations to be within this definition;
“interstate restraining order” means an order that is made under a corresponding law and is of a kind declared by the regulations to be within this definition;
“narcotic substance” means—

        (a)     a narcotic substance within the meaning of the Customs Act; or

        (b)     a substance declared by the regulations to be a substance to which this definition applies;

“officer” means a director, secretary, executive officer or employee;
“ordinary indictable offence” means an indictable offence that is not a serious offence;
“pecuniary penalty order” means an order under subsection 25 (1);
“penalty amount”, in relation to a pecuniary penalty order against a person, means the amount that the person is liable to pay the Territory under the order;
“petition” means a petition under the Bankruptcy Act;
“premises” includes—

        (a)     a building or other structure;

        (b)     an aircraft, vehicle or vessel; and

        (c)     a place, whether enclosed or built on or not;

“prescribed officer” means a Senior Executive Service Officer of the Public Service;
“prescribed time”, in relation to a warrant issued under Division 1 of Part IV in relation to property, means—

        (a)     where an information is laid in respect of the relevant offence either before the warrant is issued or within 48 hours after the warrant is issued—the day that is 28 days after the date of the issue of the warrant; or

        (b)     in any other case—the time that is 48 hours after the time of the issue of the warrant;

“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;
“proceeds of confiscated assets” means—

        (a)     the remainder of the proceeds referred to in paragraph 350A (c) of the Crimes Act;

        (b)     the remainder of the money referred to in subparagraph 20 (3) (b) (i);

        (c)     the remainder of the proceeds referred to in subparagraph 20 (3) (b) (ii);

        (d)     the amount referred to in subsection 25 (8);

        (e)     the remainder of the money referred to in subparagraph 28 (4) (b) (i);

        (f)     the remainder of the proceeds referred to in subparagraph 28 (4) (b) (ii);

        (g)     an amount referred to in subsection 31 (1) or (2);

        (h)     an amount referred to in paragraph 32 (f);

              (i)     the remainder of the money referred to in paragraph 53 (6) (a); or

        (j)     the remainder of the proceeds referred to in paragraph 53 (6) (b);

“proceeds of crime” means—

        (a)     proceeds of an indictable offence; or

        (b)     any property that is derived or realised, directly or indirectly, by any person from acts or omissions that—

              (i)     occurred outside the Territory; and

              (ii)     would, if they had occurred in the Territory, have constituted an indictable offence;

“production order” means an order under section 64;
“property” means real or personal property of every description, whether situated in the Territory or elsewhere and whether tangible or intangible and includes an interest in any such real or personal property;
“property-tracking document”, in relation to an offence, means—

        (a)     a document relevant to—

              (i)     identifying, locating or quantifying property of a person who committed the offence; or

              (ii)     identifying or locating any document necessary for the transfer of property of a person who committed the offence; or

        (b)     a document relevant to—

              (i)     identifying, locating or quantifying tainted property in relation to the offence; or

              (ii)     identifying or locating any document necessary for the transfer of tainted property in relation to the offence;

“registrable property” means property title to which is passed by registration on a register kept pursuant to a provision of any law of the Territory, the Commonwealth, a State or another Territory;
“relevant application period”, in relation to a person's conviction of an indictable offence, means the period of 6 months after—

        (a)     where the person is to be taken to have been convicted of the offence by reason of paragraph 5 (1) (a)—the day on which the person was convicted of the offence;

        (b)     where the person is to be taken to have been convicted of the offence by reason of paragraph 5 (1) (b)—the day on which the person was discharged without conviction;

        (c)     where the person is to be taken to have been convicted of the offence by reason of paragraph 5 (1) (c)—the day on which the court took the offence into account in passing sentence for the other offence referred to in that paragraph; or

        (d)     where the person is to be taken to have been convicted of the offence by reason of paragraph 5 (1) (d)—the day on which the person is to be taken to have absconded in connection with the offence;

“relevant offence”, in relation to tainted property, means an offence by reason of the commission of which the property is tainted property;
“restraining order” means an order under subsection 45 (2);
“suspended funds” means money in the Trust Fund that is—

        (a)     identified as suspended funds in accordance with the regulations (other than such money as is identified by the Public Trustee under subsection 37 (3) as distributable funds); or

        (b)     identified by the Public Trustee under subsection 37 (2) as suspended funds;

“tainted property”, in relation to an offence, means—

        (a)     property used in, or in connection with, the commission of the offence; or

        (b)     proceeds of the offence;

and when used without reference to a particular offence means tainted property in relation to an indictable offence;

“Trust Fund” means the Confiscated Assets Trust Fund established by section 33 ;
“unlawful activity” means an act or omission that constitutes an offence against a law in force in the Territory, the Commonwealth, a State, another Territory or a foreign country.

(2) A reference in this Act to a person being charged with an offence is a reference to an information being laid against the person for the offence whether or not—

        (a)     a summons to require the attendance of the person to answer the information has been issued; or

        (b)     a warrant for the apprehension of the person has been issued.

(3) A reference in this Act to a benefit derived by a person includes a reference to—

        (a)     a benefit derived, directly or indirectly, by the person; and

        (b)     a benefit derived, directly or indirectly, by another person at the request or direction of the first person.

(4) A reference in this Act to the property of a person includes a reference to property in respect of which the person has the beneficial interest.

(5) A reference in this Act to a criminal offence is a reference to an offence against a law of the Territory.

(6) Without prejudice to its effect by virtue of subsection (5), this Act has effect as if a reference in this Act to a criminal offence included a reference to an offence against a law of the Commonwealth, a State or another Territory.

(7) A reference in this Act to acquiring property, or an interest in property, for sufficient consideration is a reference to acquiring the property or the interest for a consideration that is sufficient and that, having regard solely to commercial considerations, reflects the value of the property or the interest.

(8) For the purposes of this Act, a person shall not be regarded as a director within the meaning of paragraph (c) of the definition of “director” in subsection (1) by reason only that the directors act on advice given by that person in the proper performance of the functions attaching to his or her professional capacity or to his or her business relationship with the directors of the financial institution or corporation, as the case may be.


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