Western Australian Current Acts

CRIMINAL PROPERTY CONFISCATION ACT 2000 - SECT 61

61 .         Examination orders, contravening and admissibility of information given under

        (1)         If an owner of frozen property, who is to be examined in connection with the property under an examination order, contravenes the order or the examiner’s requirements under the order —

            (a)         the owner is not entitled to file an objection to the confiscation of the property; and

            (b)         if the owner has already filed an objection — the objection is of no effect; and

            (c)         the owner commits an offence.

        (2)         A person convicted of an offence under subsection (1)(c) is liable to a fine of $100 000 or an amount equal to the value of the property, whichever is greater, or imprisonment for 5 years, or both.

        (3)         If a person examined under an examination order in connection with another person’s wealth, liabilities, income or expenditure contravenes the order, or the examiner’s requirements under the order, the person commits an offence and is liable —

            (a)         to a maximum fine of an amount equal to the value of the frozen property or of $50 000, whichever is greater; or

            (b)         to imprisonment for a maximum of 2 years; or

            (c)         to both a fine under paragraph (a) and imprisonment under paragraph (b).

        (4)         Without limiting subsection (1), (2) or (3), a person who is examined under an examination order contravenes the order for the purposes of the respective subsection if —

            (a)         the person fails to disclose material information, or gives false information or a false document, in purported compliance with the order; and

            (b)         the person was aware, or could reasonably have been expected to have been aware, that the information was material, or that the information or document was false.

        (5)         A person is not entitled to contravene an examination order or the examiner’s requirements under the order on the grounds that complying with the order —

            (a)         might incriminate the person or might render him or her liable to a penalty; or

            (b)         could result in the confiscation of property.

        (5A)         Subsection (5) applies in relation to an examination order made by the CCC and an examination conducted by the CCC under this Division despite the Corruption, Crime and Misconduct Act 2003 section 147(3) as applied under section 60A.

        (6)         A person is not excused from complying with an examination order on the grounds that complying with the order would be in breach of an obligation of the person not to disclose information, or not to disclose the existence or contents of a document, whether the obligation arose under an enactment or otherwise.

        (7)         A statement or disclosure made by a person in the course of complying with an examination order made by the court is admissible as evidence against the person —

            (a)         in a proceeding against the person for an offence under this section; and

            (b)         in any civil proceeding; and

            (c)         in any proceeding under this Act that could lead to the confiscation of property owned, effectively controlled or given away by the person, but only for the purpose of facilitating the identification of such property.

        (8)         The Corruption, Crime and Misconduct Act 2003 section 145 applies in relation to the admissibility in evidence of a statement or disclosure made by a person in the course of complying with an examination order made by the CCC.

        [Section 61 amended: No. 10 of 2018 s. 49.]