CRIME (CONFISCATION OF PROFITS) ACT 1993

Tasmanian Consolidated Acts

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- Act 20 of 1993
- Royal Assent 3 June 1993

TABLE OF PROVISIONS

Long Title

PART 1 - Preliminary

1. Short title
2. Commencement
3. Act to bind Crown
4. Interpretation
4A. Meaning of property-tracking document
4B. Meaning of commercial benefit
4C. Meaning of literary proceeds
5. Meaning of "convicted", &c.
5A. Person may be dealt with as if convicted in certain circumstances
6. Meaning of "absconded"
7. Meaning of "dealing with property or proceeds"
8. Effective control of property
9. Meaning of "appropriate court"
10. Application of provisions of Act

PART 2 - Confiscation

Division 1 - Applications for confiscation orders

11. Applications
12. Notice of applications
13. Amendment of applications
14. Making of confiscation order if person absconded
15. Procedure on applications

Division 2 - Forfeiture orders

16. Forfeiture orders
17. Effect of forfeiture orders
18. Provisions relating to third parties
19. Discharge of forfeiture orders

Division 3 - Pecuniary penalty orders

20. Application of Division
21. Pecuniary penalty orders
21A. Certain pecuniary penalty orders to be fines
22. Assessment of pecuniary penalties
23. Court may lift corporate veil, &c.
24. Discharge of pecuniary penalty orders

Division 4 - Re-hearings

25. Re-hearings

PART 3 - Restraining Orders

26. Restraining orders
27. Grounds for making restraining orders
28. Notice of applications for restraining orders
29. Notice of restraining orders to be given to affected persons
30. Court may make further orders
31. Public Trustee to discharge pecuniary penalty orders
32. Charges on property subject to restraining orders
33. Registration of restraining orders
34. Contravention of restraining orders
35. Obstruction of Public Trustee
36. Limitation on liability of Public Trustee
37. Costs payable to Public Trustee
38. Duration of restraining orders

PART 4 - Search Warrants

39. Interpretation
40. Search warrants
41. Telephone warrants in respect of tainted property
42. Seizure of property pursuant to warrants
43. Search and arrest of persons pursuant to warrants
44. Issue of warrants if charges not laid
45. Commissioner responsible for seized property
46. Return of seized property
47. Obstruction of persons executing search warrants

PART 5 - Information Gathering Powers

Division 1 - Interpretation

48. Interpretation

Division 2 - Production orders

49. Production orders
50. Variation of production orders
51. Failure to comply with production orders

Division 3 - Search powers

52. Powers to search for, and seize, certain documents
53. Search warrants for location, &c., of property
54. Telephone warrants in respect of property-tracking documents
55. Obstruction of persons executing search warrants

Division 4 - Monitoring orders

55A. Interpretation
56. Monitoring orders
57. Confidentiality of monitoring orders

PART 6 - Interstate Orders

58. Registration of interstate orders
59. Effect of registration of interstate forfeiture orders
60. Effect of registration of interstate restraining orders
61. Revocation or variation of registered orders
62. Duration of registration
63. Cancellation of registration
64. Charges on property subject to registered interstate restraining orders
65. Powers of Public Trustee in relation to interstate restraining orders
66. Interim registration of facsimile copies

PART 6A - Money laundering

66A. Dealing with proceeds of crime
66B. Dealing with property suspected of being proceeds of crime
66C. Dealing with property which subsequently becomes an instrument of crime
66D. Alternative verdicts
66E. Proof of other offences not required
66F. Transitional provision

PART 7 - Offences

67.
68. Prosecution of offences
69. Conduct by directors, servants and agents

PART 8 - General Legal Matters

70. Dealings with forfeited property
71. Standard of proof
72. Appeals
73. Constitution of court
74. Limitation on powers of courts of summary jurisdiction
75. Interstate operation of forfeiture or restraining orders
76. Costs incurred on variation of forfeiture or restraining orders on applications by third parties
77. Operation of other laws not affected
78. Costs
79. Crime (Confiscation of Profits) Account

PART 9 - Unexplained wealth

Division 1 - Interpretation of Part

80. Interpretation
81. Meaning of effective control
82. When property is at risk of forfeiture or taken to be property of a person
83. Dealing with land under this Part
84. Meaning of lawfully acquired
85. Presumption that wealth is not lawfully acquired

Division 2 - Investigation and search

Subdivision 1 - Preliminary inquiries into unexplained wealth

86. Information volunteered by financial organisations
87. Notice to financial organisations to provide information
88. Notice to other organisations to provide information
89. Protection for organisations that provide information, &c.
90. Giving false or misleading information

Subdivision 2 - Examinations

91. Applications for examination orders
92. Examination orders
93. Service of examination orders
94. Complying with examination orders
95. Conduct of examinations

Subdivision 3 - Production of documents

96. Application for document production orders
97. Document production orders
98. Inspection of property-tracking documents
99. Complying with document production orders
100. Variation of document production orders
101. Compliance with document production orders not admissible as evidence in certain circumstances

Subdivision 4 - Monitoring financial transactions

102. Applications for monitoring orders
103. Monitoring orders
104. Application for suspension orders
105. Suspension orders
106. Monitoring orders and suspension orders generally
107. Compliance with monitoring orders or suspension orders

Subdivision 5 - Secrecy requirements

108. Disclosure not permitted
109. Disclosing information

Subdivision 6 - Detention, search and retention

110. Power to detain persons
111. Search warrants
112. Additional powers
113. Later-produced documents

Division 3 - Restraining of property

Subdivision 1 - Retention of property generally and interim wealth-restraining order

114. Removal of seized or retained property generally
115. Retention of property not subject to an order under this Division
116. Interim wealth-restraining orders

Subdivision 2 - Wealth-restraining orders in relation to property

117. Applications for wealth-restraining orders
118. Wealth-restraining orders
119. Wealth-restraining orders to specify grounds
120. Non-disclosure of information
121. Scope of wealth-restraining orders
122. Service of wealth-restraining orders
123. Statutory declaration required from persons served with wealth-restraining orders
124. Effect of wealth-restraining orders
125. Co-owned restrained property
126. Duration of wealth-restraining orders
127. Wealth-restraining orders cease to have effect
128. Land restrained under wealth-restraining order
129. Property may be restrained under more than one order

Subdivision 3 - Dealing with restrained property

130. Dealing with property
131. Permitted dealings in respect of mortgaged or leased property
132. Persons must not deal with restrained property
133. Effect of dealing with properties subject to wealth-restraining orders

Division 4 - Objections to restraint of property

134. Objections to restraining of property
135. Time for filing objections
136. Parties to objection proceedings
137. Setting aside or varying restraining orders

Division 5 - Unexplained wealth declaration

138. What constitutes a person's wealth
139. Unexplained wealth
140. Assessing the value of unexplained wealth
141. Application for unexplained wealth declaration
142. Unexplained wealth declaration
143. Unexplained wealth liability
144. Unexplained wealth payable to State

Division 6 - Satisfaction of unexplained wealth liability to State

Subdivision 1 - General

145. Recovery of amount payable to State
146. Use of restrained property to meet unexplained wealth liability
147. Proceeds from sale of restrained property
148. Nexus between restraint and forfeiture not necessary

Subdivision 2 - Use of effectively controlled property or gift to meet unexplained wealth liability

149. Limitation on use of effectively controlled property
150. Property not owned by respondent at risk of forfeiture
151. Forfeitable property declarations

Subdivision 3 - Forfeiture of property

152. Wealth forfeiture orders
153. Co-owned forfeited property
154. Forfeiture of land under this Act
155. Forfeiture of other registrable property
156. Person must deliver up property subject to a wealth forfeiture order

Subdivision 4 - Miscellaneous

157. Variation of forfeitable property declarations and wealth forfeiture orders

Division 7 - Value of property used to satisfy unexplained wealth declaration

158. Value of property sold by State

Division 8 - Management of restrained property or forfeited property

Subdivision 1 - Control and management of property

159. Management of property
160. Management of restrained property or forfeited property
161. Financial organisation to transfer restrained funds to Public Trustee
162. Applications by owner for control and management of property
163. Duties of person responsible for restrained property or forfeited property

Subdivision 2 - Disposal of undesirable or deteriorating property

164. Destruction of property on grounds of public interest
165. Sale of deteriorating property
166. Valuation and inventory of restrained property
167. Compensation

Subdivision 3 - Management of property by Public Trustee

168. Public Trustee's power to appoint manager
169. Application of Act to property held by Public Trustee under this Part

Division 9 - Return of forfeited property

170. Application for return of forfeited property
171. Parties to proceedings
172. Order to return forfeited property

Division 10 - Mutual recognition of restraining orders and forfeiture orders

Subdivision 1 - Registration of State orders in other jurisdictions

173. Interstate registration of restraining orders, forfeiture orders, &c.

Subdivision 2 - Recognition of interstate orders

174. Registration of interstate orders relating to unexplained wealth
175. Effect of registration of interstate restraining orders relating to unexplained wealth
176. Effect of registration of interstate forfeiture orders relating to unexplained wealth
177. Duration of registration of interstate orders relating to unexplained wealth
178. Cancellation of registration of interstate orders relating to unexplained wealth

Division 11 - Interests in registrable property

179. Registration of interest in land
180. Registration of interests in other property
181. Imputation of knowledge that property is restrained

Division 12 - Court jurisdiction and evidentiary matters

182. Courts' jurisdiction
183. Proceedings under this Part
184. Appearance by Attorney-General
185. Stay or adjournment of proceedings
186. Consent orders
187. Enforcing compliance with Part or court order

Division 13 - Miscellaneous matters

188. Certain money to be paid into Public Account
189. Public Trustee common fund
190. Exemption from stamp duty and other costs
191. Property protected from restraint or forfeiture
192. Transfer of property for value
193. Restrained property not available to meet legal costs
194. Liability for carrying out functions under this Part
195. Later applications, orders or findings
196. Orders relating to sham transactions
197. Proceedings against corporations
198. Substituted service
199. Delegation by DPP
200. Effect of person's death
201. Obstructing a police officer
202. Legal professional privilege
203. Regulations relating to unexplained wealth declarations
204. Review of Part

PART 10 - Miscellaneous

205. Regulations generally
206. Further amendment of regulations not prevented
SCHEDULE 1

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