Western Australian Current Acts

CRIMINAL PROPERTY CONFISCATION ACT 2000 - SECT 89

89 .         Frozen and confiscated property, control etc. of

        (1)         The DPP has responsibility for the control and management of frozen property (except frozen property to which subsection (1A) relates) unless the court otherwise orders under section 45(c) or 91(2).

        (1A)         The CCC has responsibility for the control and management of frozen property that is subject to a freezing order applied for by the CCC unless the court otherwise orders under section 45(c) or 91(2).

        (2)         The DPP has responsibility for the control and management of confiscated property (except confiscated property to which subsection (2A) relates) until it is disposed of.

        (2A)         Until the property is disposed of, the CCC has responsibility for the control and management of confiscated property that is —

            (a)         property confiscated under section 6 to pay the amount specified in an unexplained wealth declaration or criminal benefits declaration obtained by the CCC; or

            (b)         frozen property confiscated under section 7 that is the subject of a freezing order obtained by the CCC.

        (3)         The DPP or the CCC may appoint any of the following persons to manage property for which the DPP or CCC (as the case requires) has responsibility under this section —

            (a)         the Public Trustee;

            (b)         the Commissioner of Police;

            (c)         in the case of frozen property — a person who owns the property.

        [Section 89 amended: No. 10 of 2018 s. 66.]