Australian Capital Territory Repealed Acts

This legislation has been repealed.

PROCEEDS OF CRIME ACT 1991

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Short title  
   3.      Principal objects  
   4.      Interpretation for Act  
   5.      Meaning of conviction etc of offence  
   6.      Meaning of absconding  
   7.      Meaning of serious offence  
   8.      Related offences  
   9.      Meaning of dealing with property  
   10.     Effective control of property  
   11.     Appropriate court in relation to indictable offence  
   13.     Application of Act  

   PART 2--CONFISCATION

           Division 2.1--Application for confiscation order

   14.     Application for confiscation order  
   15.     Notice of application  
   16.     Amendment of application  
   17.     Making of confiscation order where person has absconded  
   18.     Procedure on application  

           Division 2.2--Forfeiture orders

   19.     Forfeiture orders  
   20.     Effects of forfeiture order  
   21.     Effect of forfeiture order on third parties  
   22.     Discharge of forfeiture order on appeal or by quashing of conviction  

           Division 2.3--Pecuniary penalty orders

   23.     Application of div 2.3  
   24.     Special provisions in relation to serious offences  
   25.     Pecuniary penalty orders  
   26.     Assessment of pecuniary penalty  
   27.     Court may lift corporate veil etc  

           Division 2.4--Forfeiture in case of serious offence

   28.     Forfeiture of all restrained property if person convicted of serious  
   29.     Recovery of property to which s 28 applies  
   30.     Effect of quashing of conviction  

           Division 2.5--Miscellaneous

   31.     Person with interest in forfeited property may buy back the  
   32.     Buying out other interests in forfeited property  

   PART 3--CONFISCATED ASSETS TRUST FUND

   33.     Establishment of trust fund  
   33A.    Bank account  
   34.     Payments into trust fund  
   35.     Payments out of trust fund  
   36.     Application of distributable funds  
   37.     Determinations by public trustee about suspended and distributable funds  

   PART 4--CONTROL OF PROPERTY LIABLE TO CONFISCATION

           Division 4.1--Search powers

   38.     Powers to search for, and seize, tainted property  
   39.     Search warrants in relation to tainted property  
   40.     Search warrants may be granted by telephone  
   41.     Searches in emergencies  
   42.     Responsibility for seized property  
   43.     Return of seized property  
   44.     Issue of search warrants by ACT courts in relation to interstate indictable  

           Division 4.2--Restraining orders

   45.     Restraining orders  
   46.     Grounds for making restraining order  
   47.     Notice of application for restraining order  
   48.     Extension of certain restraining orders  
   49.     Persons who may appear and adduce evidence  
   50.     Notice of restraining orders  
   51.     Court may make further orders  
   52.     Order for taxation of legal expenses to be met out of restrained  
   53.     Public trustee to discharge pecuniary penalty  
   54.     Charge on property subject to restraining order  
   55.     Registration of restraining orders  
   56.     Contravention of restraining orders  
   57.     Duties of public trustee  
   58.     Protection of public trustee from personal liability in certain cases  
   59.     Costs etc payable to public trustee  
   60.     Court may revoke restraining orders  
   61.     When restraining order ceases to be in force  
   62.     Notice of applications under div 4.2  

   PART 5--INFORMATION GATHERING POWERS

           Division 5.1--Production orders

   63.     Meaning of indictable offence in pt 5  
   64.     Production orders  
   65.     Variation of production order  
   66.     Failure to comply with production order  

           Division 5.2--Search powers

   67.     Powers to search for, and seize, documents relevant to locating etc  
   68.     Search warrant for location etc of property  

           Division 5.3--Monitoring orders

   69.     Monitoring orders  
   70.     Existence and operation of monitoring order not to be disclosed  

           Division 5.4--Obligations of financial institutions

   71.     Definitions for div 5.4  
   72.     Retention of records by financial institutions  
   73.     Register of original documents  

   PART 6--OFFENCES

           Division 6.1--Money laundering

   74.     Money laundering  
   75.     Possession etc of property suspected of being proceeds of crime  

           Division 6.2--Organised fraud

   76.     Organised fraud  

           Division 6.3--Miscellaneous

   77.     Conduct by directors, servants or agents  

   PART 7--INTERSTATE ORDERS AND WARRANTS

           Division 7.1--Interstate restraining orders

   78.     Registration of interstate restraining orders  
   79.     Effect of registration  
   80.     Duration of registration  
   81.     Cancellation of registration  
   82.     Charge on property subject to registered interstate restraining  
   83.     Powers of public trustee in relation to interstate restraining  

           Division 7.2--Interstate forfeiture orders

   84.     Registration of interstate forfeiture orders  
   85.     Effect of registration  
   86.     Duration of registration  
   87.     Cancellation of registration  

           Division 7.3--Miscellaneous

   88.     Interim registration of fax copies  

   PART 8--MISCELLANEOUS

   89.     Dealings with forfeited property  
   90.     Standard of proof  
   91.     Appeals  
   92.     Costs  
   93.     Indemnification of public trustee  
   94.     Operation of other laws not affected  
   95.     Approved forms  
   96.     Regulation-making power  
           ENDNOTES