Western Australian Current Acts Western Australian Current Acts (1) When a person is
declared to be a drug trafficker under section 32A(1) of the
Misuse of Drugs Act 1981 as a result of being convicted of a confiscation
offence that was committed after the commencement of this Act, the following
property is confiscated —
(a) all
the property that the person owns or effectively controls at the time the
declaration is made;
(b) all
property that the person gave away at any time before the declaration was
made, whether the gift was made before or after the commencement of this Act.
(2) When a person is
taken to be a declared drug trafficker under section 159(2), the following
property is confiscated —
(a) all
the property that the person owned or effectively controlled at the time that
the person absconded;
(b) all
property that the person gave away at any time before the person absconded,
whether the gift was made before or after the commencement of this Act.
(3) Nothing in
subsection (1) or (2) prevents the confiscation of crime-derived property or
crime-used property owned, effectively controlled or given away by a person,
whether the relevant confiscation offence was committed, or is likely to have
been committed, before or after the commencement of this Act.
(4) Nothing in
subsection (1) or (2) prevents a criminal benefits declaration from being made
against a person, whether the relevant confiscation offence was committed, or
is likely to have been committed, before or after the commencement of this
Act.
(5) Nothing in
subsection (1) or (2) prevents an unexplained wealth declaration from being
made against a declared drug trafficker or a person who has been charged with
an offence that may lead to his or her being declared a drug trafficker.