Australian Capital Territory Repealed Acts

This legislation has been repealed.

PROCEEDS OF CRIME ACT 1991 - NOTES

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover.

2     Abbreviation key

am = amended	ord = ordinance
amdt = amendment	orig = original
ch = chapter	p = page
cl = clause	par = paragraph
def = definition	pres = present
dict = dictionary	prev = previous
disallowed = disallowed by the Legislative	(prev...) = previously
Assembly	prov = provision
div = division	pt = part
exp = expires/expired	r = rule/subrule
Gaz = Gazette	reg = regulation/subregulation
hdg = heading	renum = renumbered
IA = Interpretation Act 1967	reloc = relocated
ins = inserted/added	R[X] = Republication No
LA = Legislation Act 2001	s = section/subsection
LR = legislation register	sch = schedule
LRA = Legislation (Republication) Act 1996	sdiv = subdivision
mod = modified / modification	sub = substituted
No = number	SL = Subordinate Law
num = numbered	underlining = whole or part not commenced
o = order	or to be expired
om = omitted/repealed

3     Legislation history

Proceeds of Crime Act 1991 No 103

notified 10 January 1991 (Gaz 1991 No S162)

s 1, s 2 commenced 10 January 1992 (s 2 (1))

remainder commenced 10 February 1992 (s 2 (2) and Gaz 1992 No S21)

as amended by

Acts Revision (Position of Crown) Act 1993 No 44 sch 2

notified 27 August 1993 (Gaz 1993 No S165)

commenced 27 August 1993 (s 2)

Public Sector Management (Consequential and Transitional Provisions) Act 1994 No 38 sch 1 pt 66

notified 30 June 1994 (Gaz 1994 No S121)

s 1, s 2 commenced 30 June 1994 (s 2 (1))

sch 1 pt 66 commenced 1 July 1994 (s 2 (2) and Gaz 1994 No S142)

Statute Law Revision (Penalties) Act 1994 No 81 sch

notified 29 November 1994 (Gaz 1994 No S253)

s 1, s 2 commenced 29 November 1994 (s 2 (1))

sch commenced 29 November 1994 (s 2 (2) and Gaz 1994 No S269)

Financial Management and Audit (Consequential and Transitional Provisions) Act 1996 No 26 sch pt 26

notified 1 July 1996 (Gaz 1996 No S130)

commenced 1 July 1996 (s 2)

Legal Practitioners (Consequential Amendments) Act 1997 No 96 sch 1

notified 1 December 1997 (Gaz 1997 No S380)

s 1, s 2 commenced 1 December 1997 (s 2 (1))

sch 1 commenced 1 June 1998 (s 2 (2))

Financial Sector Reform (ACT) Act 1999 No 33 sch

notified 25 June 1999 (Gaz 1999 No S34)

s 1, s 2, dict commenced 25 June 1999 (s 2 (1))

sch commenced 1 July 1999 (s 2 (2) and Cwlth Gaz 1999 No S289)

Legislation (Consequential Amendments) Act 2001 No 44 pt 299

notified 26 July 2001 (Gaz 2001 No 30)

s 1, s 2 commenced 26 July 2001 (IA s 10B)

pt 299 commenced 12 September 2001 (s 2 and Gaz 2001 No S65)

as repealed by

Confiscation of Criminal Assets Act 2003 A2003-8 s 261
notified LR 27 March 2003
s 1, s 2 commenced 27 March 2003 (LA s 75 (1))
s 261 commenced 15 August 2003 (s 2 and CN2003-7)

4     Amendment history

Commencement
s 2     om 2001 No 44 amdt 1.3286

Interpretation for Act
s 4     def financial institution am 1999 No 33 sch
    def prescribed officer am 1994 No 38 sch 1 pt 66

Application to Crown
s 12     om 1993 No 44 sch 2

Application for confiscation order
div 2.1 hdg     (prev pt 2 div 1 hdg) renum R3 LA

Forfeiture orders
div 2.2 hdg     (prev pt 2 div 2 hdg) renum R3 LA

Effect of forfeiture order on third parties
s 21     am 2001 No 44 amdt 1.3287, amdt 1.3288

Pecuniary penalty orders
div 2.3 hdg     (prev pt 2 div 3 hdg) renum R3 LA

Forfeiture in case of serious offence
div 2.4 hdg     (prev pt 2 div 4 hdg) renum R3 LA

Recovery of property to which s 28 applies
s 29     am 2001 No 44 amdt 1.3289, amdt 1.3290

Miscellaneous
div 2.5 hdg     (prev pt 2 div 5 hdg) renum R3 LA

Establishment of trust fund
s 33     am 1996 No 26 sch pt 26

Bank account
s 33A     ins 1996 No 26 sch pt 26

Payments into trust fund
s 34     am 1996 No 26 sch pt 26

Search powers
div 4.1 hdg     (prev pt 4 div 1 hdg) renum R3 LA

Restraining orders
div 4.2 hdg     (prev pt 4 div 2 hdg) renum R3 LA

Contravention of restraining orders
s 56     am 1994 No 81 sch

Production orders
div 5.1 hdg     (prev pt 5 div 1 hdg) renum R3 LA

Failure to comply with production order
s 66     am 1994 No 81 sch

Search powers
div 5.2 hdg     (prev pt 5 div 2 hdg) renum R3 LA

Monitoring orders
div 5.3 hdg     (prev pt 5 div 3 hdg) renum R3 LA

Monitoring orders
s 69     am 1994 No 81 sch

Existence and operation of monitoring order not to be disclosed
s 70     am 1994 No 81 sch; 1997 No 96 sch 1

Obligations of financial institutions
div 5.4 hdg     (prev pt 5 div 4 hdg) renum R3 LA

Retention of records by financial institutions
s 72     am 1994 No 81 sch

Register of original documents
s 73     am 1994 No 81 sch

Money laundering
div 6.1 hdg     (prev pt 6 div 1 hdg) renum R3 LA

Money laundering
s 74     am 1994 No 81 sch

Possession etc of property suspected of being proceeds of crime
s 75     am 1994 No 81 sch

Organised fraud
div 6.2 hdg     (prev pt 6 div 2 hdg) renum R3 LA

Organised fraud
s 76     am 1994 No 81 sch

Miscellaneous
div 6.3 hdg     (prev pt 6 div 3 hdg) renum R3 LA

Interstate restraining orders
div 7.1 hdg     (prev pt 7 div 1 hdg) renum R3 LA

Interstate forfeiture orders
div 7.2 hdg     (prev pt 7 div 2 hdg) renum R3 LA

Miscellaneous
div 7.3 hdg     (prev pt 7 div 3 hdg) renum R3 LA

Dealings with forfeited property
s 89     am 1994 No 81 sch

Approved forms
s 95     sub 2001 No 44 amdt 1.3291
    (4)-(7) exp 12 September 2002 (s 95 (7))

Regulation-making power
s 96     ins 2001 No 44 amdt 1.3291

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Except for the footer, electronic and printed versions of an authorised republication are identical.

Republication No	Amendments to	Republication date
1	Act 1994 No 81	28 February 1995
2	Act 1999 No 33	30 September 1999
3	Act 2001 No 44	12 March 2002
4	A2001-44	13 September 2002

© Australian Capital Territory 2003

Australian Capital Territory

Republication No 5

Effective: 15 August 2003

Republication date: 15 August 2003

As repealed by A2003-8





Unauthorised version prepared by the ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Proceeds of Crime Act 1991 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting the republished law to 15 August 2003.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):

              • authorised republications to which the Legislation Act 2001 applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

When preparing the authorised version of this republication amendments were not made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a) if the person charged is an individual—$100; or

(b) if the person charged is a corporation—$500.

Australian Capital Territory

Proceeds of Crime Act 1991 (repealed)

Endnotes

Australian Capital Territory

Proceeds of Crime Act 1991 (repealed)