Western Australian Current Acts Western Australian Current Acts[s. 3]
In this Act —
abscond , in connection with an offence, has the
meaning given in section 160;
account means any facility or arrangement through
which a financial institution accepts deposits or allows withdrawals and
includes a facility or arrangement for fixed term deposit and a safety deposit
box;
agent includes, if the agent is a corporation, an
officer of the corporation;
authorised CCC officer means an authorised officer
as defined in the Corruption, Crime and Misconduct Act 2003 section 184(1);
CCC means the Corruption and Crime Commission
established under the Corruption, Crime and Misconduct Act 2003 section 8(1);
charge , in relation to an offence, has the
meaning given in section 158;
confiscable , in relation to property, has the
meaning given in section 142;
confiscable property declaration means a
declaration made under section 28;
confiscated , in relation to property, means
confiscated under section 6, 7 or 8;
confiscation offence has the meaning given in
section 141;
Confiscation Proceeds Account means the account
established under section 130;
conviction , in relation to a confiscation
offence, has the meaning given in section 157;
corporation means —
(a) a
financial institution; or
(b) a
corporation within the meaning of the Corporations Act 2001 of the
Commonwealth, other than an exempt body within the meaning of section 66A of
that Act;
corresponding law , in relation to the
Commonwealth, another State or a Territory, means a law of the Commonwealth,
State or Territory that is prescribed in the regulations as a law that
corresponds to this Act;
court means —
(a) in
relation to making an application under this Act — a court having
jurisdiction under section 101 to hear and determine the application; or
(b) in
relation to proceedings on an application under this Act — the court in
which the application was filed, or another court having jurisdiction, whether
under this Act or another enactment, in the proceedings; or
(c) in
relation to a freezing notice — the court in which the notice was filed;
or
(d) in
relation to a declaration or order under this Act — the court that made
the declaration or order;
crime-derived , in relation to property, has the
definition given in section 148;
crime-used , in relation to property, has the
meaning given in section 146;
crime-used property substitution declaration means
a declaration under section 22;
criminal benefit has the definition given in
section 145;
criminal benefits declaration means a declaration
under section 16 or 17;
criminal use , in relation to a person and
property, has the meaning given in section 147;
deal , in relation to property, has the meaning
given in section 151;
declared drug trafficker has the meaning given in
section 159;
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 under a law of the Commonwealth or of a State or Territory — a
constituent member of the body corporate; or
(b) a
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; or
(c) a
person in accordance with whose directions or instructions the directors of
the institution or corporation are accustomed to act;
dispose of , in relation to a charge, means
—
(a)
withdraw; or
(b)
dismiss; or
(c) file
a nolle prosequi in relation to the charge or discontinue the prosecution of
it;
document includes —
(a) any
publication and any matter written, expressed, or described, electronically or
otherwise, upon any substance by means of letters, figures or marks, or by
more than one of those means, which is intended to be used or may be used for
the purpose of recording that matter; and
(b) a
computer disk, computer or any other substance or equipment, whether
electronic or not, used to create or store any publication or matter referred
to in paragraph (a);
DPP means the holder of the office of Director of
Public Prosecutions created by section 4 of the
Director of Public Prosecutions Act 1991 ;
effective control , in relation to property, has
the definition given in section 156;
encumbrance , in relation to property, includes
any interest, mortgage, charge, right, claim or demand in respect of the
property;
examination means examination under an order under
section 58(1);
examination order means an order under
section 58(1);
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;
financial institution means —
(a) an
ADI within the meaning of section 5 of the Banking Act 1959 of the
Commonwealth; or
(b) the
Reserve Bank of Australia; or
(c) a
person who carries on State banking within the meaning of section 51(xiii) of
the Commonwealth Constitution; or
[(d) deleted]
(e) a
co-operative registered under the Co-operatives Act 2009 that is permitted
under that Act to accept money on deposit; or
(f) a
financial corporation within the meaning of section 51(xx) of the Constitution
of the Commonwealth; or
(g) a
body corporate that would be a financial corporation within the meaning of
section 51(xx) of the Constitution of the Commonwealth if the body had been
incorporated in Australia;
freezing notice means a freezing notice issued
under section 34;
freezing order means an order under section 43;
frozen , in relation to property and in relation
to a freezing notice or freezing order, means subject to the freezing notice
or the freezing order;
give , in relation to property, includes transfer
for consideration that is significantly less than the greater of —
(a) the
market value of the property at the time of transfer; and
(b) the
consideration paid by the transferee;
innocent party has the meaning given in
section 153;
instrument , in relation to a dealing with
registrable real property, means —
(a) a
memorial under this Act; or
(b) an
instrument as defined in the Transfer of Land Act 1893 ;
interested party , in relation to frozen property,
means a person who has an interest in the property that would enable the
person to succeed on an objection to the confiscation of the property;
interstate confiscation declaration means a
declaration or order (however described) that is made by or under a
corresponding law of another State or a Territory and that is prescribed by
the regulations for the purposes of this definition;
interstate confiscation offence means an offence
(including a common law offence) against a law in force in another State or a
Territory, being an offence in relation to which an interstate confiscation
declaration or an interstate criminal benefits declaration may be made under a
corresponding law of the State or Territory;
interstate criminal benefits declaration means a
declaration or order (however described) that is made by or under a
corresponding law of another State or a Territory and that is prescribed by
the regulations for the purposes of this definition;
interstate freezing order means a notice or order
(however described) that is made by or under a corresponding law of another
State or a Territory and that is prescribed by the regulations for the
purposes of this definition;
lawfully acquired , in relation to any property,
service, advantage or benefit, has the meaning given in section 149;
medical practitioner means a person registered
under the Health Practitioner Regulation National Law (Western Australia) in
the medical profession;
monitoring order means an order under
section 68(1);
objection means an objection filed under
section 79 to the confiscation of property;
officer , in relation to a corporation, means a
director, secretary, executive officer, employee or agent of the corporation;
owner , in relation to property, means a person
who has a legal or equitable interest in the property;
police officer , in relation to a function,
includes a person authorised to carry out the function under regulations made
under section 140(2)(f);
premises includes vessel, aircraft, vehicle,
structure, building and any land or place whether built on or not;
production order means an order under section 63;
prohibited drug has the same meaning as in the
Misuse of Drugs Act 1981 ;
prohibited plant has the same meaning as in the
Misuse of Drugs Act 1981 ;
property means —
(a) real
or personal property of any description, wherever situated, whether tangible
or intangible; or
(b) a
legal or equitable interest in any property referred to in paragraph (a);
property-tracking document has the meaning given
in section 155;
recipient , in relation to a freezing notice or
freezing order, means a person on whom a copy of the notice or order is served
under section 36 or 46;
registered , in relation to an interstate freezing
order or an interstate confiscation declaration, means registered under
section 118;
registrable real property means property to which
the Transfer of Land Act 1893 applies;
registration , in relation to an instrument
relating to a dealing in registrable real property, has the same meaning as in
section 52 of the Transfer of Land Act 1893 ;
relevant confiscation offence , in relation to
confiscable property, means the confiscation offence or suspected confiscation
offence that is relevant to bringing the property within the scope of this
Act;
respondent means —
(a) in
relation to an application for an unexplained wealth declaration, a criminal
benefits declaration or a crime-used property substitution declaration —
the person against whom the declaration is sought; or
(b) in
relation to an unexplained wealth declaration, a criminal benefits declaration
or a crime-used property substitution declaration — the person against
whom the declaration is made;
restricted disclosure means a disclosure about a
matter of a kind referred to in a paragraph of section 70(1);
seized , in relation to property, means seized
under section 33(1);
service cut off date , in relation to frozen
property, has the meaning given in section 150;
sham transaction has the meaning given in
section 161;
State taxes , in relation to frozen property,
means any rates, land tax, local government or other statutory charges imposed
on the property under a law of this State;
suspension order means an order under
section 68(2);
transaction , in relation to an account with a
financial institution, includes —
(a) the
making of a fixed term deposit;
(b) the
transferring of the amount of a fixed term deposit, or any part of it, at the
end of the term;
unexplained wealth has the meaning given in
section 144;
unexplained wealth declaration means a declaration
under section 12;
valuable consideration , in relation to the
transfer of property, does not include —
(a) any
consideration for the transfer arising from the fact of a family relationship
between the transferor and transferee; or
(b) if
the transferor is the spouse or de facto partner of the transferee — the
making by the transferor of a deed in favour of the transferee; or
(c) a
promise by the transferee to become the spouse or de facto partner of the
transferor; or
(d) any
consideration arising from the transferor’s love or affection for the
transferee; or
(e) the
transfer of the property as a result of the distribution of a deceased estate;
or
(f) the
transfer of the property by way of gift; or
(g)
consideration that is significantly less than the greater of —
(i)
the market value of the property at the time of transfer;
and
(ii)
the consideration paid by the transferee;
value , in relation to —
(a) a
person’s unexplained wealth — means the amount calculated in
accordance with section 13; and
(b) a
person’s wealth — has the meaning given in section 144(2); and
(c) a
person’s lawfully acquired wealth — has the meaning given in
section 144(3); and
(d)
property sold by or for the State — has the meaning given in
section 152; and
(e) the
transfer of property — has the meaning given in section 154;
wealth has the meaning given in section 143.
[Glossary amended: No. 12 of 2001 s. 51; No. 20 of
2003 s. 19; No. 28 of 2003 s. 42; No. 17 of 2005 s. 25; No. 2 of 2008
s. 61(3); No. 22 of 2008 Sch. 3 cl. 17; No. 24 of 2009 s. 508 and 513; No. 19
of 2010 s. 51; No. 35 of 2010 s. 60; No. 10 of 2018 s. 79.]
This is a compilation of the Criminal Property Confiscation Act 2000 and
includes amendments made by other written laws. For provisions that have come
into operation, and for information about any reprints, see the compilation
table.
Compilation table
|
Short title |
Number and year |
Assent |
Commencement |
|---|
|
68 of 2000 |
6 Dec 2000 |
s. 1 and 2: 6 Dec 2000; | |
|
Building Societies Amendment Act 2001 s. 51 |
12 of 2001 |
13 Jul 2001 |
13 Jul 2001 (see s. 2) |
|
Corporations (Consequential Amendments) Act (No. 2) 2003 Pt. 7 |
20 of 2003 |
23 Apr 2003 |
15 Jul 2001 (see s. 2(1) and Cwlth Gazette 13 Jul 2001 No. S285) |
|
Acts Amendment (Equality of Status) Act 2003 Pt. 15 |
28 of 2003 |
22 May 2003 |
1 Jul 2003 (see s. 2 and Gazette 30 Jun 2003 p. 2579) |
|
Courts Legislation Amendment and Repeal Act 2004 s. 141 |
59 of 2004 |
23 Nov 2004 |
1 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7128) |
|
Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004
s. 80 and 82 |
84 of 2004 |
16 Dec 2004 |
2 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7129 (correction in Gazette
7 Jan 2005 p. 53)) |
|
17 of 2005 |
5 Oct 2005 |
10 Jul 2010 (see s. 2(3) and Gazette 9 Jul 2010 p. 3239) | |
|
Reprint 1: The Criminal Property Confiscation Act 2000 as at 9 Dec 2005
(includes amendments listed above except those in the
Housing Societies Repeal Act 2005 ) | |||
|
Financial Legislation Amendment and Repeal Act 2006 Sch. 1 cl. 40 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137) |
|
Road Traffic Amendment Act 2007 s. 26 |
4 of 2007 |
11 Apr 2007 |
1 May 2007 (see s. 2 and Gazette 27 Apr 2007 p. 1831) |
|
Criminal Law and Evidence Amendment Act 2008 s. 61 |
2 of 2008 |
12 Mar 2008 |
27 Apr 2008 (see s. 2 and Gazette 24 Apr 2008 p. 1559) |
|
Medical Practitioners Act 2008 Sch. 3 cl. 17 |
22 of 2008 |
27 May 2008 |
1 Dec 2008 (see s. 2 and Gazette 25 Nov 2008 p. 4989) |
|
Reprint 2: The Criminal Property Confiscation Act 2000 as at 20 Mar 2009
(includes amendments listed above except those in the
Housing Societies Repeal Act 2005 ) | |||
|
Acts Amendment (Bankruptcy) Act 2009 s. 27 |
18 of 2009 |
16 Sep 2009 |
17 Sep 2009 (see s. 2(b)) |
|
Co-operatives Act 2009 s. 508 and 513 |
24 of 2009 |
22 Oct 2009 |
s. 508: 1 Sep 2010 (see s. 2(b) and Gazette 13 Aug 2010 p. 3975); |
|
Standardisation of Formatting Act 2010 s. 51 |
19 of 2010 |
28 Jun 2010 |
11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341) |
|
Health Practitioner Regulation National Law (WA) Act 2010 Pt. 5 Div. 18 |
35 of 2010 |
30 Aug 2010 |
18 Oct 2010 (see s. 2(b) and Gazette 1 Oct 2010 p. 5075-6) |
|
Personal Property Securities (Consequential Repeals and Amendments) Act 2011
Pt. 3 Div. 1 |
42 of 2011 |
4 Oct 2011 |
30 Jan 2012 (see s. 2(c) and Cwlth Legislative Instrument No. F2011L02397 cl.
5 registered 21 Nov 2011) |
|
Reprint 3: The Criminal Property Confiscation Act 2000 as at 4 May 2012
(includes amendments listed above except those in the Co-operatives Act 2009
s. 513) | |||
|
Criminal Organisations Control Act 2012 s. 176(1)-(4) 2 |
49 of 2012 |
29 Nov 2012 |
2 Nov 2013 (see s. 2(b) and Gazette 1 Nov 2013 p. 4891) |
|
Corruption, Crime and Misconduct and Criminal Property Confiscation Amendment
Act 2018 Pt. 3 |
10 of 2018 |
13 Jul 2018 |
1 Sep 2018 (see s. 2(b) and Gazette 17 Aug 2018 p. 2894) |
|
Reprint 4: The Criminal Property Confiscation Act 2000 as at 21 Jun 2019
(includes amendments listed above) | |||
|
Transfer of Land Amendment Act 2022 Pt. 3 Div. 2 |
21 of 2022 |
24 Jun 2022 |
7 Aug 2023 (see s. 2(b) and SL 2023/111 cl. 2) |
1 Repealed by the Sentencing (Consequential
Provisions) Act 1995 s. 77.
2 The amendments in the
Criminal Organisations Control Act 2012 s. 176(5) had not come into operation
when it was deleted by the Statutes (Minor Amendments) Act 2017 s. 6(3).
Defined terms
[This is a list of terms defined and the provisions where they
are defined. The list is not part of the law.]
Defined term Provision(s)
abscond
Gl.
account Gl.
agent
Gl.
authorised CCC officer Gl.
CCC
Gl.
charge Gl.
confiscable Gl.
confiscable property declaration
Gl.
confiscated Gl.
confiscation offence 141(1), Gl.
Confiscation
Proceeds Account Gl.
conviction
Gl.
corporation Gl.
corresponding
law Gl.
court Gl.
crime-derived Gl.
crime-derived property
4(d)
crime-used Gl.
crime-used property 4(c)
crime-used property
substitution declaration Gl.
criminal benefit
Gl.
criminal benefits
4(b)
criminal benefits declaration Gl.
criminal
use Gl.
deal Gl.
declared criminal organisation 148(4A)
declared
drug trafficker 4(e), 159(1), Gl.
director
Gl.
dispose of Gl.
document
Gl.
DPP Gl.
effective
control Gl.
encumbrance
Gl.
examination Gl.
examination order
Gl.
executive officer
Gl.
financial institution Gl.
freezing notice
Gl.
freezing order Gl.
frozen Gl.
give Gl.
innocent party Gl.
instrument
Gl.
interested party Gl.
interstate
confiscation declaration Gl.
interstate
confiscation offence Gl.
interstate criminal
benefits declaration Gl.
interstate freezing order
Gl.
lawfully acquired
Gl.
medical practitioner Gl.
member
148(4A)
monitoring order Gl.
objection Gl.
officer
Gl.
owner Gl.
police officer
Gl.
premises Gl.
production order
Gl.
prohibited drug Gl.
prohibited plant Gl.
property
Gl.
property-tracking document Gl.
recipient Gl.
registered
Gl.
registrable real property Gl.
registration Gl.
relevant confiscation offence
Gl.
respondent Gl.
restricted disclosure Gl.
seized
Gl.
service cut off date Gl.
sham
transaction Gl.
State taxes
Gl.
suspension order Gl.
transaction
Gl.
unexplained wealth 4(a),
Gl.
unexplained wealth declaration Gl.
valuable
consideration Gl.
value
Gl.
wealth Gl.
© State of Western Australia 2023
.
This work is licensed under a Creative Commons Attribution 4.0 International
Licence (CC BY 4.0). To view relevant information and for a link to a copy of
the licence, visit www.legislation.wa.gov.au .
Attribute work as: © State
of Western Australia 2023
.
By Authority: GEOFF O. LAWN, Government Printer