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CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SCHEDULE 6
SCHEDULE 6 – Dictionary
"account" means a 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; and
(b) a safety deposit box.
"activity" includes activities.
"ancillary" , offence to an offence, means— (a) an offence of conspiring to
commit the offence; or
(b) an offence of receiving or assisting someone else
to enable the other person to escape punishment for the offence; or
(c) an
offence of attempting to commit the offence. Note for paragraph (b)— See
the Criminal Code , section 10 .
"applicant" see— (a) for chapter 2 , part 3 , division 7 , subdivision 2 â€
” section 49 ; or
(b) for chapter 2A , part 3 , division 7 , subdivision 2 â€
” section 93ZM ; or
(c) for chapter 3 , part 4 , division 2A †” section
153A .
"appropriate form" means the appropriate form under the Land Act 1994 or the
Land Title Act 1994 .
"appropriate officer" see section 12 .
"authorised commission officer" means an authorised commission officer under
the Crime and Corruption Act 2001 , section 272 .
"automatic forfeiture" means forfeiture to the State of property because of
the conviction of a person for a serious criminal offence.
"available substitute property" means property that may become substituted for
other property under a tainted property substitution declaration.
"benefit" — (a) for chapter 2 —see section 21 ; or
(b) for chapter 3
—see section 101 .
"benefit derived" — (a) for chapter 2 —see section 21 ; or
(b) for
chapter 3 —see section 102 .
"boat" means a ship within the meaning of the
Transport Operations (Marine Safety) Act 1994 .
"buy-back order" see section 170 .
"cancelled" , for chapter 2A , see section 93C .
"category A offence" , for chapter 2A , see section 93C .
"category B offence" , for chapter 2A , see section 93C .
"category C offence" , for chapter 2A , see section 93C .
"chairperson" means the chairperson of the commission.
"charge" , of an offence, see section 105 .
"civil jurisdiction" in relation to an amount that is the limit of a
Magistrates Court’s civil jurisdiction, means an amount equal to the maximum
amount that may be claimed in a personal action in the civil jurisdiction of a
Magistrates Court.
"commission" means the Crime and Corruption Commission.
"commission officer" means a commission officer under the
Crime and Corruption Act 2001 .
"conceal" includes attempt to conceal.
"confiscation offence" see section 99 .
"confiscation order" means— (a) a forfeiture order; or
(b) a pecuniary
penalty order; or
(c) a serious drug offender confiscation order; or
(d) a
proceeds assessment order; or
(e) an unexplained wealth order.
"control" , property under a direction under an order under this Act, includes
manage property.
"controlled substance" see the Drugs Misuse Act 1986 .
"convicted" — (a) for chapter 2A —see section 93C ; or
(b) otherwise—in
relation to a confiscation offence, means convicted of the offence within the
meaning of section 106 .
"convicted person" for chapter 4 , part 4 , division 2A , see section 153A .
"corresponding entity" means an entity that has a function of enforcing a
corresponding law.
"corresponding law" means a law of another State that is prescribed under a
regulation to be a law that corresponds to this Act.
"court officer" means an officer of the Supreme Court appointed by the
principal registrar.
"current or previous wealth" see section 89E .
"dangerous drug" see the Drugs Misuse Act 1986 , section 4 .
"dealing" with property includes— (a) acquiring the property; and
(b)
disposing of the property; and
(c) encumbering the property; and
(d) if
property is a debt—making a payment to anyone to reduce the amount of the
debt; and
(da) engaging in a transaction that has the direct or indirect
effect of changing the value of a person’s interest in the property; and
(e) removing the property from Queensland; and
(f) receiving or making a gift
of the property; and
(g) vesting the property in a person while administering
the estate of a deceased; and
(h) dealing with the property in another way;
and
(i) attempting to do a thing mentioned in paragraph (a) , (b) , (c) , (d)
, (da) , (e) , (f) or (g) or to deal with property in another way.
"de facto partner" ...
"dependant" , of a person, means a spouse or child of the person, or a member
of the household of the person, dependent for support on the person.
"derived" includes— (a) directly or indirectly derived; and
(b) realised.
"director" of a corporation— (a) includes— (i) if the corporation is
incorporated for a public purpose by a law of the Commonwealth or a State—a
member of the body corporate; and
(ii) any person occupying or acting in the
position of director of the corporation, by whatever name called and whether
or not validly appointed to occupy or properly authorised to act in the
position; and
(iii) other than as provided by paragraph (b) , any person
under whose directions or instructions the directors of the corporation are
accustomed to act; but
(b) does not include a person under whose directions
or instructions the directors of the corporation are accustomed to act only
because the directors act on advice given by that person in the proper
performance of functions attaching to the person’s professional capacity.
"DPP" means the director of public prosecutions under the
Director of Public Prosecutions Act 1984 .
"effective control" see section 20 .
"encumbrance" over property includes any interest, mortgage, charge, right,
claim or demand in relation to the property.
"examination order" ...
"examination order" see— (a) for chapter 2 †” section 38A (1) (a) or (b) ;
or
(b) for chapter 2A †” section 93W ; or
(c) for chapter 3 †” section
130A (1) (a) or (b) .
"exclusion order" see section 69 .
"executive officer" of a corporation means any person, by whatever name called
and whether or not the person is a director of the corporation, who is
concerned, or takes part, in the management of the corporation.
"external serious crime related activity" see section 16 (3) .
"file" a document or order includes register the document or order.
"financial institution" includes— (a) 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(xx) ; and
(b)
another entity that permits persons to deposit money with it for use by, or at
the direction of, the persons for gaming, betting or another purpose.
"finding of serious crime related activity" see section 78 (1) .
"forfeiture certificate" see section 265 .
"forfeiture order" means— (a) for chapter 2 —a forfeiture order made under
chapter 2 ; or
(b) for chapter 3 —a forfeiture order made under chapter 3 ;
or
(c) otherwise—a forfeiture order made under chapter 2 or chapter 3 .
"gift" , of property includes a transfer for consideration considerably below
the higher of— (a) the prevailing market price for the property; or
(b) the
consideration the transferor paid for the property.
"hardship order" see— (a) for chapter 2 , part 5 †” section 89C ; or
(b)
for chapter 2 , part 5A †” section 89S ; or
(c) for chapter 2A †” section
93ZZQ .
"illegal activity" see section 15 .
"illegally acquired property" see section 22 .
"innocent interest exclusion order" see— (a) for chapter 2 †” section 74 ;
or
(b) for chapter 3 †” section 159 .
"interstate confiscation offence" means an offence against the law, including
the common law, of another State, in relation to which an interstate
forfeiture order or an interstate pecuniary penalty order may be made under a
corresponding law of that State.
"interstate forfeiture order" means an order made under a corresponding law
that is declared under a regulation to be an interstate forfeiture order for
this definition.
"interstate pecuniary penalty order" means an order made under a corresponding
law that is declared under a regulation to be an interstate pecuniary penalty
order for this definition.
"interstate restraining order" means an order made under a corresponding law
that is declared under a regulation to be an interstate restraining order for
this definition.
"investigation order" see— (a) for chapter 2 †” section 38A (1) ; or
(b)
for chapter 2A †” section 93W ; or
(c) for chapter 3 †” section 130A (1)
.
"issued" , for chapter 2A , see section 93C .
"law enforcement agency" ...
"Legal Aid" means Legal Aid Queensland.
"Legal Aid Act" means the Legal Aid Queensland Act 1997 .
"major drug offence" means any of the following, whether dealt with on
indictment or summarily— (a) an offence against the Drugs Misuse Act 1986 ,
part 2 for which a person is liable on conviction to imprisonment for at least
20 years;
(b) money laundering committed in relation to property that is
tainted property in relation to an offence mentioned in paragraph (a) ;
(c)
an offence that is an ancillary offence to an offence mentioned in paragraph
(a) or (b) .
"money" means money in the form of cash.
"money laundering" means an offence against section 250 .
"money order" see the Supreme Court of Queensland Act 1991 , schedule 5 .
"monitoring order" means a monitoring order under either of the following—
(a) the Crime and Corruption Act 2001 , section 119C ;
(b) the
Police Powers and Responsibilities Act 2000 , section 199 .
"motor vehicle" , for chapter 2 , chapter 2A and chapter 3 — (a) means a
land vehicle that moves on wheels and is propelled by a motor that is part of
the vehicle; and
(b) includes a caravan or trailer designed to be attached
to, or drawn by, a motor vehicle of a type mentioned in paragraph (a) ; and
(c) does not include the following— (i) a vehicle designed for use primarily
in the mining industry;
(ii) farm machinery;
(iii) a vehicle designed for
use on a railway or tramway.
"officer" , for chapter 8 , part 2 , division 3 , see section 249A .
"outboard motor" means an internal–combustion engine that— (a) has a
propeller and an engine number; and
(b) is designed to be attached to the
stern of a boat and used to propel a boat.
"owner" of an interest in property includes a person who has effective control
of the interest.
"pecuniary penalty order" see section 178 .
"pre-qualifying offence" see section 93F .
"prescribed respondent" see— (a) for chapter 2 , part 3 †” section 28 ; or
(b) for chapter 2A , part 3 †” section 93G ; or
(c) for chapter 2A , part 4
†” section 93ZZ (1) ; or
(d) for chapter 3 , part 3 †” section 116 ; or
(e) for chapter 3 , part 5 †” section 161 ; or
(f) for chapter 4 , other
than part 4 , division 2A †” section 200 ; or
(g) for chapter 4 , part 4 ,
division 2A †” section 116 .
"principal registrar" means the person appointed as the principal registrar of
the Supreme Court.
"proceeds" , in relation to an activity, see section 18 .
"proceeds assessment order" see section 77 .
"property" includes— (a) generally—property whether situated in Queensland
or elsewhere, including outside Australia; and
(b) for chapter 2 or 2A —see
section 19 .
Note— For the meaning of property generally, see the
Acts Interpretation Act 1954 , sections 32AB (Terms defined both in this Act
and another Act) and 36 (Meaning of commonly used words and expressions),
which defines property as follows—
"property" means any legal or equitable estate or interest (whether present or
future, vested or contingent, or tangible or intangible) in real or personal
property of any description (including money), and includes things in action.
"property particulars order" see— (a) for chapter 2 †” section 38A (1) (c)
; or
(b) for chapter 2A †” section 93W ; or
(c) for chapter 3 †” section
130A (1) (c) .
"property seizure order" see— (a) for chapter 2 †” section 38A (1) (d) ;
or
(b) for chapter 2A †” section 93W (1) (d) .
"protected property" , of a person for chapter 2A , see section 93E .
"qualifying offence" see section 93F .
"quash" — 1
"Quash" , a conviction, has the meaning given in section 107 .
2 However, for
chapter 2A , section 107 (2) (b) and (c) does not apply.
"reasonably suspect" means suspect on grounds that are reasonable in the
circumstances.
"registrar" ...
"registrar of titles" means the registrar of titles under the
Land Title Act 1994 .
"related" , of an offence, see section 108 .
"release order" see— (a) for chapter 2 †” section 64 ; or
(b) for chapter
3 —see section 154 .
"relevant contract" see section 200 .
"relevant person" see— (a) for chapter 2 , part 5 , division 2 †” section
81 ; or
(b) for chapter 3 , part 7 , division 3 †” section 187 .
"restrained property" means— (a) for chapter 2 —property restrained under
a restraining order under chapter 2 ; or
(b) for chapter 2A —property
restrained under a restraining order under chapter 2A ; or
(c) for chapter 3
—property restrained under a restraining order under chapter 3 ; or
(d)
otherwise—property restrained under a restraining order made under chapter 2
, chapter 2A or chapter 3 .
"restraining order" means— (a) for chapter 2 —a restraining order made
under chapter 2 ; or
(b) for chapter 2A —a restraining order made under
chapter 2A ; or
(c) for chapter 3 —a restraining order made under chapter 3
; or
(d) otherwise—a restraining order made under chapter 2 , chapter 2A or
chapter 3 .
"serious crime derived property" see section 23 .
"serious crime related activity" see section 16 .
"serious criminal offence" see section 17 .
"serious drug offence certificate" see the Penalties and Sentences Act 1992 ,
section 161G .
"serious drug offender confiscation order" see section 93ZY .
"special forfeiture order" see section 200 (2) .
"spouse" includes a former spouse.
"sufficient consideration" in relation to property means a consideration that,
having regard solely to commercial considerations, reflects the value of the
interest.
"suspects" , for chapters 2, 2A, 3 and 4, includes— (a) believes; and
(b)
knows.
"suspension order" means a suspension order under either of the following—
(a) the Crime and Corruption Act 2001 , section 119I ;
(b) the
Police Powers and Responsibilities Act 2000 , section 205 .
"tainted property" see section 104 .
"tainted property substitution declaration" means a tainted property
substitution declaration made under section 153C .
"third party order" see section 168 .
"transaction" in property includes any kind of dealing with property whether
in Queensland or otherwise. Example— receiving a gift
"transfer" of property includes— (a) for an interest in land to be
transferred from the State—grant; and
(b) if the property is an
object—give.
"unamenable to justice" see section 109 .
"unavailable property" for chapter 4 , part 4 , division 2A , see section 153A
.
"unexplained wealth" see section 89L .
"unexplained wealth order" see section 89F .
"weapon" see the Weapons Act 1990 , schedule 2 .
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