Western Australian Current Acts

CRIMINAL PROPERTY CONFISCATION ACT 2000 - SECT 138

138 .         Death of owner, effect of

        (1)         A reference in this Act to property of a person who is dead is to be read as a reference to property owned or effectively controlled by the person immediately before his or her death, or given away by the person at any time before his or her death.

        (2)         An order may be applied for and made under this Act —

            (a)         in respect of property that is or was owned or effectively controlled or given away by a person even if the person is dead; and

            (b)         on the basis of the activities of a person who is dead.

        (3)         If a person who owns frozen property dies, this Act continues to apply to the property in all respects as if the person had not died, regardless of whether the administrator of the person’s estate or any other person in whom the property vests as a result of the death is an innocent party in relation to the property.

        (4)         Without limiting the remainder of this section, if a person who is a joint tenant of frozen property dies —

            (a)         the person’s death does not operate to vest the property in the surviving joint tenant or tenants; and

            (b)         the freezing notice or freezing order continues to apply to the property as if the person had not died.