a forfeiture order against property that is tainted property in respect of the offence;

a pecuniary penalty order against the person in respect of benefits derived by the person from the commission of the offence.

is not empowered to make an application after the end of the relevant application period in relation to the conviction; and

(b) is not empowered to make an application after the commencement of the Proceeds of Crime Act 2002 unless some or all of the property which could be used to satisfy the order is property in respect of which a restraining order is in force.

an application has previously been made:

under that subsection;

under another law of the Commonwealth; or

under a law of a Territory;

for forfeiture or condemnation of the property in respect of the offence; and

the application has been finally determined on the merits;

except with the leave of the court.

an application has previously been made:

under that subsection;

under another law of the Commonwealth; or

under a law of a Territory;

for a pecuniary penalty in respect of those benefits derived by the person from the commission of the offence; and

the application has been finally determined on the merits;

except with the leave of the court.

the tainted property, or the benefit, to which the new application relates was identified only after the first application was determined;

necessary evidence became available only after the first application was determined; or

the court is otherwise satisfied that it is in the interests of justice to grant the leave.

the DPP shall give written notice of the application to the person and to any other person the DPP has reason to believe may have an interest in the property;

the person, and any other person who claims an interest in the property, may appear and adduce evidence at the hearing of the application; and

the court may, at any time before the final determination of the application, direct the DPP to give or publish notice of the application to a specified person or class of persons, in the manner and within the time that the court considers appropriate.

the DPP shall give the person written notice of the application; and

the person may appear and adduce evidence at the hearing of the application.

on application by the DPP; or

with the consent of the DPP.

include additional property in an application for a forfeiture order; or

include an additional benefit in an application for a pecuniary penalty order;

unless the court is satisfied that:

the property or benefit was not reasonably capable of identification when the application was originally made; or

necessary evidence became available only after the application was originally made.

the DPP applies to amend an application for a forfeiture order; and

the amendment would have the effect of including additional property in the application for the forfeiture order;

then:

the DPP shall give written notice of the application to amend to any person who the DPP has reason to believe may have an interest in property to be included in the application for the forteiture order; and

any person who claims an interest in the property to be included in the application for the forfeiture order may appear and adduce evidence at the hearing of the application to amend.

the DPP applies to amend an application for a pecuniary penalty order against a person; and

the effect of the amendment would be to include an additional benefit in the application for the pecuniary penalty order;

the DPP shall give the person written notice of the application to amend.

an application is made for a confiscation order in respect of a person’s conviction of an offence;

the application is made to the court before which the person was convicted; and

the court has not, when the application is made, passed sentence on the person for the offence;

the court may, if satisfied that it is reasonable to do so in all the circumstances, defer passing sentence until it has determined the application for the confiscation order.

a person is to be taken to have been convicted of an offence by reason of paragraph 5(1)(c); and

an application is made to a court for a confiscation order in respect of the conviction;

the reference in subsection (1) to a proceeding against the person for the offence includes a reference to a proceeding against the person for the other offence referred to in that paragraph.

the DPP applies to a court for an order under this section against property in respect of a person’s conviction of an offence; and

the court is satisfied that the property is tainted property in respect of the offence;

the court may, if it considers it appropriate, order that the property, or such of the property as is specified by the court in the order, is forfeited to the Commonwealth.

any hardship that may reasonably be expected to be caused to any person by the operation of such an order; and

the use that is ordinarily made, or was intended to be made, of the property.

it would not be contrary to the public interest for a person’s interest in the property to be transferred to the person; and

there is no other reason why the person’s interest in the property should not be transferred to that person;

by order:

declare the nature, extent and value (as at the time when the order is made) of the interest; and

declare that the forfeiture order may, to the extent to which it relates to the interest, be discharged as provided by section 33.

the DPP applies for a forfeiture order against particular property in reliance on a person’s conviction of an offence; and

evidence is given, at the hearing of the application, that the property was in the person’s possession at the time of, or immediately after, the commission of the offence;

then:

if no evidence is given that tends to show that the property was not used in, or in connection with, the commission of the offence—the court shall presume that the property was used in, or in connection with, the commission of the offence; or

in any other case—the court shall not make a forfeiture order against the property unless it is satisfied that the property was used in, or in connection with, the commission of the offence.

the property vests in equity in the Commonwealth but does not vest in the Commonwealth at law until the applicable registration requirements have been complied with;

the Commonwealth is entitled to be registered as owner of the property; and

the Minister has power, on behalf of the Commonwealth, to do, or authorise the doing of, anything necessary or convenient to obtain the registration of the Commonwealth as owner, including, without limiting the generality of this, the execution of any instrument required to be executed by a person transferring an interest in property of that kind.

the DPP has power, on behalf of the Commonwealth, to do anything necessary or convenient to give notice of, or otherwise protect, the equitable interest of the Commonwealth in the property; and

any such action by or on behalf of the Commonwealth is not a dealing for the purposes of paragraph (3)(a).

the property shall not, except with the leave of the court and in accordance with any directions of the court, be disposed of, or otherwise dealt with, by or on behalf of the Commonwealth, before the relevant time; and

if, at the relevant time, the order has not been discharged, then, subject to any direction under subsection (3A), the Official Trustee must, as soon as practicable after the relevant time:

if the property is money—after paying the Official Trustee’s remuneration and other costs, charges and expenses of the kind referred to in subsection 55(1) payable to or incurred by it in connection with the restraining order, credit the amount of the remainder of the money to the Confiscated Assets Special Account as required by section 34B; and

if the property is not money—sell or otherwise dispose of the property and, after paying the Official Trustee’s remuneration and other costs, charges and expenses of the kind referred to in subsection 55(1) payable to or incurred by it in connection with the restraining order or the sale or disposition, credit the amount of the remainder of those proceeds to the Confiscated Assets Special Account as required by section 34B.

in a case where the person is to be taken to have been convicted of the offence by reason of paragraph 5(1)(b)—a reference to the appeal period in relation to the finding of the person guilty of the offence; and

in a case where the person is to be taken to have been convicted of the offence by reason of paragraph 5(1)(c)—a reference to the appeal period in relation to the person’s conviction of the other offence referred to in that paragraph.

if the period provided for the lodging of an appeal against the decision or finding has ended without such an appeal having been lodged—at the end of that period; or

if an appeal against the decision or finding has been lodged—when the appeal lapses or is finally determined.

relevant time, in relation to a forfeiture order made in reliance on a person’s conviction of an offence, means:

the end of the appeal period in relation to the making of the forfeiture order; or

the end of the appeal period in relation to the person’s conviction;

whichever is the later.

was given notice of the application for the forfeiture order; or

appeared at the hearing of the application;

shall not make an application to a court under subsection (2) except with the leave of the court.

the person, for a good reason, did not attend the hearing of the application for the forfeiture order although the person had notice of the application; or

particular evidence proposed to be adduced by the person in connection with the application under subsection (2) was not available to the person at the time of the hearing of the application for the forfeiture order.

the applicant was not, in any way, involved in the commission of an offence in respect of which forfeiture of the property is sought, or the forfeiture order against the property was made, as the case requires; and

if the applicant acquired the interest at the time of or after the commission of such an offence—the applicant acquired the interest:

for sufficient consideration; and

without knowing, and in circumstances such as not to arouse a reasonable suspicion, that the property was, at the time of the acquisition, tainted property;

the court shall make an order:

declaring the nature, extent and value (as at the time when the order is made) of the applicant’s interest; and

either:

if the interest is still vested in the Commonwealth—directing the Commonwealth to transfer the interest to the applicant; or

declaring that there is payable by the Commonwealth to the applicant an amount equal to the value declared under paragraph (c).

a court makes a forfeiture order against property in reliance on a person’s conviction of an offence; and

the conviction is subsequently quashed;

the quashing of the conviction discharges the order.

as soon as practicable after the discharge of the order, give written notice of the discharge of the forfeiture order to any person the DPP has reason to believe may have had an interest in the property immediately before the making of the forfeiture order; and

if required to do so by a court—give or publish notice of the discharge of the forfeiture order to a specified person or class of persons in the manner and within the time that the court considers appropriate.

if the interest is still vested in the Commonwealth—the Minister shall arrange for the interest to be transferred to the person; or

in any other case—there is payable to the person an amount equal to the value of the interest.

a foreign forfeiture order is registered in a court in Australia under the Mutual Assistance Act; or

(b) an order is registered in a court in Australia under International War Crimes Tribunals Act 1995;section 45 of the

Division 2 applies in relation to the order as if subsections 19(5) and 20(3), (4), (5) and (6) and sections 21 and 22 were omitted.

a foreign forfeiture order against property is registered in a court in Australia under the Mutual Assistance Act; or

(b) an order against property is registered in a court in Australia under International War Crimes Tribunals Act 1995;section 45 of the

the property may, subject to the Minister administering the Mutual Assistance Act or of a person authorised by that Minister in writing for the purposes of this subsection.section 23A, be disposed of, or otherwise dealt with, in accordance with any direction of

to specified persons (other than a person convicted of a foreign or international offence in respect of which the order was made) the court has reason to believe may have an interest in the property; and

in the manner and within the time the court considers appropriate.

the person, for a good reason, did not attend the hearing referred to in subsection (4) although the person had notice of the hearing; or

particular evidence that the person proposes to adduce in connection with the proposed application under subsection (3) was not available to the person at the time of the hearing referred to in subsection (4).

the applicant was not, in any way, involved in the commission of a foreign or international offence in respect of which the foreign or international forfeiture order was made; and

if the applicant acquired his, her or its interest in the property at the time of or after the commission of such an offence—the applicant acquired the interest:

for sufficient consideration; and

without knowing, and in circumstances such as not to arouse a reasonable suspicion, that the property was, at the time of the acquisition, tainted property in relation to a foreign or international offence;

the court shall make an order:

declaring the nature, extent and value (as at the time when the order is made) of the applicant’s interest in the property; and

either:

directing the Commonwealth to transfer the interest to the applicant; or

declaring that there is payable by the Commonwealth to the applicant an amount equal to the value declared under paragraph (c).

the foreign forfeiture order mentioned in subsection (1) in relation to which this section applies; or

the order mentioned in subsection (1A) in relation to which this section applies;

as the case may be.

foreign or international offence means:

a foreign serious offence; or

(b) a Tribunal offence within the meaning of the International War Crimes Tribunals Act 1995;

as the case requires.

an application is made to a court for an order under this section in respect of benefits derived by a person from the commission of an offence; and

the court is satisfied that the person derived benefits from the commission of the offence;

the court may, if it considers it appropriate:

assess, in accordance with section 27, the value of the benefits so derived; and

order the person to pay to the Commonwealth a pecuniary penalty equal to the penalty amount.

property that is proceeds of the offence has been forfeited, under this Act or another law of the Commonwealth or under a law of a Territory, in relation to the offence; or

a forfeiture order is proposed to be made against property that is proceeds of the offence;

the penalty amount shall be taken to be reduced by an amount equal to the value of the property as at the time of the making of the pecuniary penalty order.

a court makes a pecuniary penalty order in relation to an offence;

in calculating the penalty amount, the court took into account a forfeiture of, or proposed forfeiture order in respect of, property; and

an appeal against the forfeiture or forfeiture order is allowed or the proceedings for the proposed forfeiture order terminate without the proposed forfeiture order being made;

the DPP may apply to the court for a variation of the pecuniary penalty order to increase the penalty amount by the value of the property and the court may, if it considers it appropriate to do so, vary the order accordingly.

a court makes a pecuniary penalty order against a person in relation to an offence;

in calculating the penalty amount, the court took into account, in accordance with subsection (4), an amount of tax paid by the person; and

an amount is repaid or refunded to the person in respect of that tax;

the DPP may apply to the court for a variation of the pecuniary penalty order to increase the penalty amount by the amount repaid or refunded and the court may, if it considers it appropriate to do so, vary the order accordingly.

in relation to a bankruptcy—the trustee of the estate of the bankrupt; or

(b) in relation to a composition or scheme of arrangement under Bankruptcy Act 1966—the trustee of the composition or scheme of arrangement; orDivision 6 of Part IV of the

(c) in relation to a personal insolvency agreement under Part X of the Bankruptcy Act 1966—the trustee of the agreement; or

(d) in relation to the estate of a deceased person in respect of which an order has been made under Bankruptcy Act 1966—the trustee of the estate.Part XI of the

offence period, in relation to an application under subsection 14(1) made in relation to 2 or more offences, means the period commencing when the earlier or earliest of those offences was committed and ending when the later or latest of those offences was committed.

the money, or the value of the property other than money, that came into the possession or under the control of:

the defendant; or

another person at the request or direction of the defendant;

by reason of the commission of the offence or any of the offences;

the value of any other benefit provided to:

the defendant; or

another person at the request or direction of the defendant;

by reason of the commission of the offence or any of the offences;

if the offence or any of the offences consisted of the doing of an act or thing in relation to a narcotic substance:

the market value, at the time of the offence, of similar or substantially similar narcotic substances; and

the amount that was, or the range of amounts that were, ordinarily paid for the doing of a similar or substantially similar act or thing;

the value of the defendant’s property:

where the application relates to a single offence—before, during and after the commission of the offence; or

where the application relates to 2 or more offences—before, during and after the offence period;

the defendant’s income and expenditure:

where the application relates to a single offence—before, during and after the commission of the offence; or

where the application relates to 2 or more offences—before, during and after the offence period.

if, at the hearing of the application, evidence is given that the value of the person’s property during or after the commission of the offence exceeded the value of the person’s property before the commission of the offence, then, for the purposes of subsection 26(1), the court shall, subject to paragraphs (b) and (c) and subsection (7), treat the value of the benefits derived by the person from the commission of the offence as being not less than the amount of the greatest excess;

if, after evidence of the kind referred to in paragraph (a) is given, the person satisfies the court that the whole of the excess was due to causes unrelated to the commission of the offence, paragraph (a) does not apply to the excess;

if, after evidence of the kind referred to in paragraph (a) is given, the person satisfies the court that a part of the excess was due to causes unrelated to the commission of the offence, paragraph (a) applies to the excess as if it were reduced by the amount of that part.

if, at the hearing of the application, evidence is given that the value of the person’s property at any time during or after the offence period exceeded the value of the person’s property before the offence period, then, for the purposes of subsection 26(1), the court shall, subject to paragraphs (b) and (c) and to subsection (7), treat the value of the benefits derived by the person from the commission of the offences as being not less than the amount of the excess;

if, after evidence of the kind referred to in paragraph (a) is given, the person satisfies the court that the whole of the excess was due to causes unrelated to the commission of the offences, paragraph (a) does not apply to the excess;

if, after evidence of the kind referred to in paragraph (a) is given, the person satisfies the court that a part of the excess was due to causes unrelated to the commission of the offences, paragraph (a) applies to the excess as if it were reduced by the amount of that part.

all property of the person at the time the application is made; and

all property of the person at any time:

within the period between the day the offence, or the earliest offence, was committed and the day on which the application is made; or

within the period of 5 years immediately before the day on which the application is made;

whichever is the shorter;

shall be presumed, unless the contrary is proved, to be property that came into the possession or under the control of the person by reason of the commission of the offence or offences.

this Act;

Division 3 of Part XIII of the Customs Act;

a law of a Territory; or

a law of a State.

with respect to the amount that was the market value of a narcotic substance at a particular time or during a particular period; or

with respect to the amount, or the range of amounts, that was the amount, or range of amounts, ordinarily paid at a particular time, or during a particular period for the doing of an act or thing in relation to a narcotic substance;

notwithstanding any rule of law or practice relating to hearsay evidence, and the testimony is prima facie evidence of the matters testified to.

the order may be enforced against the property as if the property were property of the person against whom the order is made; and

a restraining order may be made in respect of the property as if the property were property of the person against whom the order is made.

the DPP shall give written notice of the application to the person and to any person who the DPP has reason to believe may have an interest in the property; and

the person and any person who claims an interest in the property may appear and adduce evidence at the hearing of the application.

(a) a person (in this subsection called the defendant) is convicted of a serious offence (otherwise than by reason of paragraph 5(1)(d));

(b) before the commencement of the Proceeds of Crime Act 2002, a restraining order is or was granted in respect of property (whether property of the defendant or of some other person) in reliance on:

the defendant’s conviction of that offence; or

the charging or proposed charging of the defendant with that offence or a related offence;

the restraining order, to the extent to which it relates to the property, is not the subject of a declaration under subsection 48(4); and

the restraining order is in force at the end of:

the period of 6 months starting on the day of the conviction; or

if an order under section 30A is in force at the end of that period—the end of the extended period;

the property is, under this subsection, forfeited to the Commonwealth at the end of that period, or that extended period, as the case may be.

the property vests in equity in the Commonwealth but does not vest in the Commonwealth at law until the applicable registration requirements have been complied with;

the Commonwealth is entitled to be registered as owner of the property; and

the Minister has power, on behalf of the Commonwealth, to do, or to authorise the doing of, anything necessary or convenient to obtain the registration of the Commonwealth as owner, including, without limiting the generality of this, the execution of any instrument required to be executed by a person transferring an interest in property of that kind.

the DPP has power, on behalf of the Commonwealth, to do anything necessary or convenient to give notice of, or otherwise protect, the equitable interest of the Commonwealth in the property; and

any such action by or on behalf of the Commonwealth is not a dealing for the purposes of paragraph (4)(a).

the property shall not, except with the leave of the court that made the relevant restraining order and in accordance with any directions of the court, be disposed of, or otherwise dealt with, by or on behalf of the Commonwealth, before the end of the appeal period in respect of the conviction; and

if, at the end of the appeal period in respect of the conviction, the conviction has not been quashed, then, subject to any direction under subsection (4A), the Official Trustee must, as soon as practicable after the end of the appeal period:

if the property is money—after paying the Official Trustee’s remuneration and other costs, charges and expenses of the kind referred to in subsection 55(1) payable to or incurred by it in connection with the restraining order, credit the amount of the remainder of the money to the Confiscated Assets Special Account as required by section 34B; and

if the property is not money—sell or otherwise dispose of the property and, after paying the Official Trustee’s remuneration and other costs, charges and expenses of the kind referred to in subsection 55(1) payable to or incurred by it in connection with the restraining order or the sale or disposition, credit the amount of the remainder of those proceeds to the Confiscated Assets Special Account as required by section 34B.

in a case where the person is to be taken to have been convicted of the offence by reason of paragraph 5(1)(b)—a reference to the appeal period in relation to the finding of the person guilty of the offence; and

in a case where the person is to be taken to have been convicted of the offence by reason of paragraph 5(1)(c)—a reference to the appeal period in relation to the conviction of the person of the other offence referred to in that paragraph.

a person’s conviction of a serious offence; or

the charging or proposed charging of a person with such an offence;

a person may apply to the court for a declaration that property that was subject to the restraining order has been forfeited to the Commonwealth under subsection (1) and the court, if satisfied that the property has been forfeited to the Commonwealth under that subsection, shall make a declaration accordingly.

if the period provided for the lodging of an appeal against the conviction has ended without such an appeal having been lodged—at the end of that period; or

if an appeal against the conviction has been lodged—when the appeal lapses or is finally determined.

(a) a person (the defendant) is convicted of a serious offence; and

a restraining order is or was granted in reliance on:

the defendant’s conviction of the offence; or

the charging or proposed charging of the defendant with the offence or a related offence; and

a person makes a section 48 application in relation to the restraining order;

the person mentioned in paragraph (c) may apply to the court for an order extending the waiting period in relation to the defendant’s conviction.

when the period specified by the court ends; or

when the section 48 application is finally determined;

whichever happens first.

the court makes an order under this section; and

the section 48 application is finally determined within the period of 6 months starting on the day of the defendant’s conviction;

the order under this section stops being in force on the day the section 48 application is finally determined.

proceedings on the application for the relevant restraining order; or

the making of the relevant restraining order;

except with the leave of the court.

if satisfied that:

the applicant was not, in any way, involved in the commission of the relevant serious offence;

the applicant’s interest in the property is not subject to the effective control of the defendant; and

if the applicant acquired the interest at the time of or after the commission of the offence—the applicant acquired the interest:

(A) for sufficient consideration; and

(B) without knowing, and in circumstances such as not to arouse a reasonable suspicion, that the property was tainted property; or

if satisfied that:

the property was not used in, or in connection with, any unlawful activity and was not derived or realised, directly or indirectly, by any person from any unlawful activity; and

the applicant’s interest in the property was lawfully acquired;

make an order:

declaring the nature, extent and value of the applicant’s interest in the property; and

either:

if the interest is still vested in the Commonwealth—directing the Commonwealth to transfer the interest to the applicant; or

declaring that there is payable by the Commonwealth to the applicant an amount equal to the value declared under paragraph (c).

it would not be contrary to the public interest for the interest to be transferred to the person; and

there is no other reason why the interest should not be transferred to the person;

by order:

declare the nature, extent and value (as at the time when the order is made) of the interest; and

declare that section 30 shall cease to operate in relation to the interest if payment is made in accordance with section 33.

property is forfeited to the Commonwealth under section 30 in respect of a person’s conviction of a serious offence; and

the conviction is subsequently quashed;

the DPP shall:

as soon as practicable after the quashing of the conviction, give notice of the quashing of the conviction to any person the DPP has reason to believe may have had an interest in the property immediately before the property was forfeited; and

if required to do so by a court—give or publish notice of the quashing of the conviction to a specified person or class of persons in the manner and within the time that the court considers appropriate.

if the interest is still vested in the Commonwealth—the Minister shall arrange for the interest to be transferred to the person; or

in any other case—there is payable to the person an amount equal to the value of the interest.

makes a forfeiture order against property; and

makes an order under subsection 19(5) in respect of an interest in the property;

the payment to the Commonwealth, while the interest is still vested in the Commonwealth, of the amount specified in the order under subsection 19(5) as the value of the interest discharges the forfeiture order to the extent to which it relates to the interest.

property is forfeited to the Commonwealth under section 30;

a court makes an order under subsection 31(7) in respect of an interest in the property; and

there is paid to the Commonwealth, while the interest is still vested in the Commonwealth, the amount specified in the order under subsection 31(7) as the value of the interest;

section 30 ceases to apply in relation to the interest.

search a person for tainted property; and

seize any property found in the course of the search that the police officer believes, on reasonable grounds, to be tainted property;

but only if the search or seizure, as the case requires, is made:

with the consent of the person;

under a warrant issued under section 36; or

under section 38.

enter upon land, or upon or into premises;

search the land or premises for tainted property; and

seize any property found in the course of the search that the police officer believes, on reasonable grounds, to be tainted property;

but only if the entry, search or seizure, as the case requires, is made:

with the consent of the occupier of the land or premises;

under a warrant issued under section 36; or

under section 38.

the clothing that is being worn by the person; and

any property in, or apparently in, the person’s immediate control.

on a person;

in the clothing that is being worn by a person; or

otherwise in a person’s immediate control;

the police officer may:

lay before a magistrate an information on oath setting out those grounds; and

apply for the issue of a warrant to search the person for tainted property of that kind.

to search the person for tainted property of that kind; and

to seize property found in the course of the search that the police officer believes, on reasonable grounds, to be tainted property of that kind.

lay before a magistrate an information on oath setting out those grounds; and

apply for the issue of a warrant to search the land or premises for tainted property of that kind.

to enter upon the land, or upon or into the premises;

to search the land or premises for tainted property of that kind; and

to seize property found in the course of the search that the police officer believes on reasonable grounds to be tainted property of that kind.

the informant or some other person has given to the magistrate, either orally or by affidavit, any further information that the magistrate requires concerning the grounds on which the issue of the warrant is sought;

where an information has not been laid in respect of the relevant offence at the time when the application for the warrant is made—the magistrate is satisfied:

that the property is tainted property; and

that an information will be laid in respect of the relevant offence within 48 hours; and

the magistrate is satisfied that there are reasonable grounds for issuing the warrant.

a statement of the purpose for which the warrant is issued, including a reference to the nature of the relevant offence;

a description of the kind of property authorised to be seized; and

a time, not being later than the prescribed time, upon which the warrant ceases to have effect.

property that the police officer believes, on reasonable grounds, to be:

tainted property in relation to the offence, although not of a kind specified in the warrant; or

tainted property in relation to another indictable offence; or

any thing that the police officer believes, on reasonable grounds, will afford evidence as to the commission of a criminal offence;

and the police officer believes, on reasonable grounds, that it is necessary to seize that property or thing in order to prevent its concealment, loss or destruction, or its use in committing, continuing or repeating the offence or the other offence, the warrant shall be deemed to authorise the police officer to seize that property or thing.

after having considered the terms of the information prepared in accordance with subsection (2); and

after having received such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought;

that there are reasonable grounds for issuing the warrant, the magistrate shall complete and sign such a search warrant as the magistrate would have issued under section 36 if the application had been made to the magistrate in accordance with that section.

the magistrate shall inform the police officer of the terms of the warrant and the date on which and the time at which it was signed, and record on the warrant the reasons for granting the warrant; and

the police officer shall complete a form of warrant in the terms furnished to the police officer by the magistrate and write on it the name of the magistrate and the date on which and the time at which the warrant was signed.

search a person for the property and, if the property is found in the course of the search, seize the property; or

enter upon land, or upon or into premises, and search for the property and, if the property is found in the course of the search, seize the property.

the police officer believes, on reasonable grounds, that it is necessary to exercise the power in order to prevent the concealment, loss or destruction of the property; and

the circumstances are so serious and urgent that they require the immediate exercise of the power without the authority of an order of a court or of a warrant issued under this Act.

property that the police officer believes, on reasonable grounds, to be tainted property in relation to another indictable offence; or

any thing that the police officer believes, on reasonable grounds, will afford evidence as to the commission of a criminal offence;

and the police officer believes, on reasonable grounds, that it is necessary to seize that property or thing in order to prevent its concealment, loss or destruction, or its use in committing, continuing or repeating the offence or the other offence, the police officer may seize that property or thing.

a police officer seizes property under this Division; and

the officer believes on reasonable grounds that the property will afford evidence as to the commission of an offence that is the subject of a special ACC operation/investigation;

the Chief Executive Officer of the ACC shall arrange for the property to be kept until it is dealt with in accordance with another provision of this Act, and shall ensure that all reasonable steps are taken to preserve the property while it is so kept.

the person is entitled to possession of the property;

the property is not tainted property in relation to the relevant offence; and

the person in respect of whose conviction, charging or proposed charging the seizure of the property was made has no interest in the property;

the court shall order the responsible custodian to return the property to the person and where such an order is made the responsible custodian shall arrange for the property to be returned to the person.

property has been seized under this Division (otherwise than because it may afford evidence as to the commission of an offence);

at the time when the property was seized, an information had not been laid in respect of a relevant offence; and

at the end of the period of 48 hours after the time when the property was seized, an information has not been laid in respect of a relevant offence;

the responsible custodian shall, subject to subsections (5) and (6), arrange for the property to be returned to the person from whose possession it was seized as soon as practicable after the end of that period.

property has been seized under this Division (otherwise than because it may afford evidence as to the commission of an offence);

either of the following conditions is satisfied:

before the property was seized, a person had been convicted of a relevant offence or an information had been laid in respect of a relevant offence;

before the property was seized, an information had not been laid in respect of a relevant offence, but an information was laid in respect of a relevant offence within 48 hours after the time when the property was seized; and

no forfeiture order has been made against the property within the period of 14 days after the property was seized;

the responsible custodian shall, subject to subsections (5) and (6), arrange for the property to be returned to the person from whose possession it was seized as soon as practicable after the end of that period.

property has been seized under this Division (otherwise than because it may afford evidence as to the commission of an offence);

but for this subsection, the responsible custodian would be required to arrange for the property to be returned to a person as soon as practicable after the end of a particular period; and

before the end of that period, a restraining order is made in relation to the property;

the following provisions have effect:

if the restraining order directs the Official Trustee to take custody and control of the property—the responsible custodian shall arrange for the property to be given to the Official Trustee in accordance with the restraining order;

if the court that made the restraining order has made an order under subsection (6) in relation to the property—the responsible custodian shall arrange for the property to be kept until it is dealt with in accordance with another provision of this Act.

property has been seized under this Division (otherwise than because it may afford evidence as to the commission of an offence);

a restraining order is made in relation to the property; and

at the time when the restraining order is made, the property is in the possession of the responsible custodian;

the responsible custodian may apply to the court that made the restraining order for an order that the responsible custodian retain possession of the property and the court may, if satisfied that there are reasonable grounds for believing that the property may afford evidence as to the commission of a relevant offence or any other offence, make an order that the responsible custodian may retain the property for so long as the property is so required as evidence as to the commission of that offence.

property has been seized under this Division (otherwise than because it may afford evidence as to the commission of an offence);

an application is made for a restraining order or a forfeiture order in respect of the property;

the application is refused; and

at the time when the application is refused, the property is in the possession of the responsible custodian;

the responsible custodian shall arrange for the property to be returned to the person from whose possession it was seized as soon as practicable after the refusal.

property has been seized under this Division; and

while the property is in the possession of the responsible custodian, a forfeiture order is made in respect of the property;

the responsible custodian shall deal with the property as required by the order.

if subsection 39(1) applies to the property—the Commissioner; or

if subsection 39(2) applies to the property—to the Chief Executive Officer of the ACC.

a reference in this Division to an offence included a reference to an interstate indictable offence; and

a reference in this Division to tainted property included a reference to property:

used in, or in connection with, the commission of an interstate indictable offence; or

derived or realised, directly or indirectly, by any person from the commission of an interstate indictable offence.

if:

by the end of the period of 7 days commencing on the day the property was seized, no person has been convicted of or charged with the interstate indictable offence in reliance on the commission of which the warrant was issued and an application for an interstate forfeiture order has not been made in respect of the property;

a person has been charged with and convicted of the interstate indictable offence but by the end of the period of 6 months commencing on the day on which the person is convicted an application for an interstate forfeiture order has not been made in respect of the property; or

a person has been charged with the interstate indictable offence and has been discharged or acquitted;

the Commissioner shall arrange for the property to be returned to the person from whose possession it was seized;

if a court of the State concerned makes an order:

directing that the property be returned to the person from whose possession it was seized; or

directing that that person be allowed access to the property;

the Commissioner shall take such steps as are necessary to give effect to the order.

references in this Division to tainted property were references to tainted property in relation to the foreign serious offence;

references to a magistrate were references to a magistrate of the State or Territory specified in the police officer’s authorisation under the Mutual Assistance Act; and

subsection 36(5), paragraph 36(6)(b), subsection 36(9) and section 40 were omitted.

any property that the police officer believes, on reasonable grounds, to be tainted property in relation to the foreign serious offence, although not of the kind specified in the warrant;

any property that the police officer believes, on reasonable grounds, to be tainted property in relation to another foreign serious offence in respect of which a search warrant under section 36 is in force; or

any thing that the police officer believes, on reasonable grounds:

to be relevant to a criminal proceeding in the foreign country in respect of the foreign serious offence; or

will afford evidence as to the commission of a criminal offence;

and the police officer believes, on reasonable grounds, that it is necessary to seize that property or thing in order to prevent its concealment, loss or destruction, or its use in committing, continuing or repeating the offence, the warrant shall be deemed to authorise the police officer to seize that property or thing.

the person is entitled to possession of the property;

the property is not tainted property in relation to the relevant foreign serious offence; and

the person who is believed or alleged to have committed the relevant foreign serious offence has no interest in the property;

the court shall order the Commissioner to return the property to the person and where such an order is made the Commissioner shall arrange for the property to be returned to the person.

property has been seized under a warrant issued under section 36 in respect of a foreign serious offence; and

at the end of the period of 30 days after the day on which the property was seized:

neither a foreign restraining order, nor a foreign forfeiture order, in relation to the property has been registered in a court in Australia under the Mutual Assistance Act; and

a restraining order has not been made under this Act in respect of the property in relation to the foreign serious offence;

the Commissioner shall, subject to subsections (6) and (7), arrange for the property to be returned to the person from whose possession it was seized as soon as practicable after the end of that period.

property has been seized under a warrant issued under section 36 in respect of a foreign serious offence;

but for this subsection, the Commissioner would be required to arrange for the property to be returned to the person as soon as practicable after the end of a particular period; and

before the end of that period:

a foreign restraining order in relation to the property is registered in a court in Australia under the Mutual Assistance Act; or

a restraining order is made under this Act in respect of the property in relation to the foreign serious offence;

the following provisions have effect:

if there is in force, at the end of that period, a direction by a court that the Official Trustee take custody and control of the property—the Commissioner shall arrange for the property to be given to the Official Trustee in accordance with the direction;

if there is in force at the end of that period an order under subsection (7) in relation to the property—the Commissioner shall arrange for the property to be kept until it is dealt with in accordance with another provision of this Act.

property has been seized pursuant to a warrant issued under section 36 in respect of a foreign serious offence;

either:

a foreign restraining order in respect of the property has been registered in an Australian court under the Mutual Assistance Act; or

a restraining order is made under this Act in respect of the property in relation to the foreign serious offence; and

at the time when the restraining order is registered or made, the property is in the possession of the Commissioner;

the Commissioner may apply to the court in which the restraining order was registered, or by which the restraining order was made, for an order that the Commissioner retain possession of the property and the court may, if satisfied that the property is required by the Commissioner to be dealt with in accordance with a request under the Mutual Assistance Act by the foreign country that requested the registration of, or the obtaining of, the restraining order, make an order that the Commissioner may retain the property for so long as the property is so required.

property has been seized under a warrant issued under section 36 in respect of a foreign serious offence; and

while the property is in the possession of the Commissioner a foreign forfeiture order in respect of the property is registered in a court in Australia under the Mutual Assistance Act;

the Commissioner shall deal with the property as required by the forfeiture order.

a warrant is issued under section 36 in respect of a foreign serious offence; and

property is seized pursuant to the warrant because it may afford evidence as to the commission of a criminal offence;

the property shall, for the purposes of subsections (3), (4), (5), (6) and (7) of this section, be taken not to be property seized pursuant to the warrant.

has been convicted of an indictable offence; or

has been, or is about to be, charged with an indictable offence;

the DPP may apply to the relevant Supreme Court for an order under subsection (2) against one or more of the following:

specified property of the defendant;

all the property of the defendant (including property acquired after the making of the order);

all the property of the defendant (including property acquired after the making of the order) other than specified property;

specified property of a person other than the defendant.

direct that the property, or such part of the property as is specified in the order, is not to be disposed of, or otherwise dealt with, by any person, except in such manner and in such circumstances (if any) as are specified in the order; and

if the court is satisfied that the circumstances so require—direct the Official Trustee to take custody and control of the property, or of such part of the property as is specified in the order.

the person’s reasonable living expenses (including the reasonable living expenses of the person’s dependants (if any)) and reasonable business expenses;

the person’s reasonable expenses in defending a criminal charge;

a specified debt incurred by the person in good faith (being a debt to which neither paragraph (a) nor (b) applies).

becoming a party to any civil proceedings affecting the property;

ensuring that the property is insured;

if the property consists, wholly or partly, of securities or investments—realising or otherwise dealing with the securities or investments; and

if the property consists, wholly or partly, of a business:

employing, or terminating the employment of, persons in the business; and

doing any other thing that is necessary or convenient for carrying on the business on a sound commercial basis.

to exercise the rights attaching to the shares as if it were the registered holder of the shares; and

to do so to the exclusion of the registered holder.

the application for the order is supported by an affidavit of a police officer stating that the officer believes that the defendant committed the offence; and

the court is satisfied, having regard to the matters contained in the affidavit, that there are reasonable grounds for holding that belief.

the offence concerned is an ordinary indictable offence; and

the application seeks a restraining order against specified property of the defendant;

the court shall not make a restraining order against the property unless:

the application is supported by an affidavit of a police officer stating that the officer believes that:

the property is tainted property in relation to the offence; or

the defendant derived a benefit, directly or indirectly, from the commission of the offence; and

the court is satisfied, having regard to the matters contained in the affidavit, that there are reasonable grounds for holding that belief.

the offence is an ordinary indictable offence; and

the application seeks a restraining order against:

all the property of the defendant;

all the property of the defendant other than specified property; or

specified property of the defendant and all other property of the defendant;

the court shall not make a restraining order against the property unless:

the application is supported by an affidavit of a police officer stating that the officer believes that the defendant derived a benefit, directly or indirectly, from the commission of the offence; and

the court is satisfied, having regard to the matters contained in the affidavit, that there are reasonable grounds for holding that belief.

the application is supported by an affidavit of a police officer stating that:

the officer believes that the property is tainted property in relation to the offence; or

the officer believes that:

(A) the property is subject to the effective control of the defendant; and

(B) the defendant derived a benefit, directly or indirectly, from the commission of the offence; and

the court is satisfied, having regard to the matters contained in the affidavit, that there are reasonable grounds for holding that belief.

the application is supported by an affidavit of a police officer stating that:

the officer believes that the property is tainted property in relation to the offence; or

the officer believes that the property is subject to the effective control of the defendant; and

the court is satisfied, having regard to the matters contained in the affidavit, that there are reasonable grounds for holding that belief.

the owner of the property; and

any other person the DPP has reason to believe may have an interest in the property.

the owner of the property against which the restraining order was made; and

any other person who the DPP has reason to believe may have an interest in the property.

the DPP applies for a restraining order against property; and

notice of the application is given in accordance with subsection 45(1);

any person who claims an interest in the property may appear and adduce evidence at the hearing of the application.

a court makes a restraining order; and

the court is satisfied that it would be in the public interest to delay giving notice of the order to a person;

the court may order that giving the person notice of the restraining order be delayed for such period as is specified in the order under the subsection and the DPP shall give the person notice of the restraining order as soon as practicable after the end of the period specified.

an order varying the property to which the restraining order relates;

an order varying any condition to which the restraining order is subject;

an order for the examination on oath before the court or the registrar of the court of any person, including:

(i) a person whose property is the subject of the restraining order (in this section called the owner); or

(ii) a person who is the defendant defendant);within the meaning of section 43 in relation to the offence to which the restraining order relates (in this subsection called the

about the affairs (including the nature and location of any property) of:

anyone else who is either the owner or the defendant, or both; and

if the person to be examined is either the owner or the defendant or both—that person;

an order with respect to the carrying out of any undertaking with respect to the payment of damages or costs given by the Commonwealth in connection with the making of the restraining order;

an order directing:

the owner; or

if the owner is not the defendant—the defendant; or

if the owner or the defendant is a body corporate—a director of the body corporate specified by the court;

to give to:

where the restraining order is, or includes, an order made under paragraph 43(2)(b)—the Official Trustee; and

in any other case—the applicant for the ancillary order or such other person as the court directs;

within a period specified in the ancillary order, a statement sworn on oath setting out such particulars of the property, or dealings with the property, of the owner or the defendant, as the case may be, as the court thinks proper;

where the restraining order directed the Official Trustee to take custody and control of property:

an order regulating the manner in which the Official Trustee may exercise its powers or perform its duties under the restraining order;

an order determining any question relating to the property to which the restraining order relates, including any question relating to:

(A) the liabilities of the owner; or

(B) the exercise of the powers, or the performance of the duties, of the Official Trustee;

with respect to the property to which the restraining order relates;

an order directing the owner or another person to do any act or thing necessary or convenient to be done to enable the Official Trustee to take custody and control of the property in accordance with the restraining order.

the DPP;

the owner;

where the restraining order directed the Official Trustee to take custody and control of property—the Official Trustee; or

with the leave of the court—any other person.

(a) a person (in this subsection called the defendant) has been convicted of, or has been charged or is about to be charged with, an offence;

a court, in reliance on the conviction, charging or proposed charging makes a restraining order against property; and

a person having an interest in the property applies to the court for a variation of the order to exclude the person’s interest from the order;

the court shall grant the application if:

where the applicant is not the defendant and the offence is an ordinary indictable offence:

if the restraining order was made against the property by virtue of subparagraph 44(7)(a)(ii)—the court is satisfied that the interest is not tainted property and that:

(A) a pecuniary penalty order cannot be made against the defendant; or

(B) the applicant’s interest in the property is not subject to the effective control of the defendant; or

in any other case—the court is satisfied that the interest is not tainted property;

where the applicant is the defendant and the offence is an ordinary indictable offence—the court is satisfied that:

the interest is not tainted property; and

a pecuniary penalty order cannot be made against the defendant;

where the applicant is not the defendant, the restraining order was not made by virtue of subsection 44(7A) and the offence is a serious offence—the court is satisfied that:

the applicant was not, in any way, involved in the commission of the offence; and

where the applicant acquired the interest at the time of or after the commission, or alleged commission, of the offence—the applicant acquired the interest:

(A) for sufficient consideration; and

(B) without knowing, and in circumstances such as not to arouse a reasonable suspicion, that the property was tainted property;

where the applicant is not the defendant and the restraining order was made by virtue of subsection 44(7A)—the court is satisfied that:

the applicant was not, in any way, involved in the commission of the offence;

the property is not tainted property in relation to the offence; and

the applicant’s interest in the property is not subject to the effective control of the defendant; or

in any case—the court is satisfied that it is in the public interest to do so having regard to all the circumstances, including:

any financial hardship or other consequence of the interest remaining subject to the order;

the seriousness of the offence; and

the likelihood that the interest will be:

(A) subject to a forfeiture order;

(B) subject to section 30; or

(C) required to satisfy a pecuniary penalty order.

(a) a person (in this subsection called the defendant) has been convicted of, or has been charged or is about to be charged with, a serious offence;

a court, in reliance on the conviction, charging or proposed charging, makes a restraining order against property;

the defendant has an interest in the property;

the defendant applies to the court for a declaration under this subsection in relation to the interest; and

the court is satisfied that:

the property was not used in, or in connection with, any unlawful activity and was not derived, directly or indirectly, by any person from any unlawful activity; and

the defendant’s interest in the property was lawfully acquired;

the court may, by order, declare that the restraining order, to the extent to which it relates to the property, shall be disregarded for the purposes of section 30.

a court makes a restraining order directing the Official Trustee to take custody and control of property; and

the order makes provision for meeting, out of the property or part of it, a person’s reasonable expenses in defending a criminal charge;

the Official Trustee may apply to the court for an order under subsection (3).

an order under subsection (3) in relation to the expenses is complied with; or

the application, and any appeal arising out of it, are finally determined, or otherwise disposed of, otherwise than by the making of such an order.

(a) a pecuniary penalty order is made against a person (in this subsection called the defendant) in reliance on the defendant’s conviction of an offence; and

at the time when the pecuniary penalty order is made, property is subject to a restraining order made, in reliance on the defendant’s conviction of the offence or a related offence or in reliance on the charging or proposed charging of the defendant with the offence or a related offence, against:

property of the defendant; or

property of another person in relation to which an order under subsection 28(3) is made;

the court may include in the pecuniary penalty order a direction to the Official Trustee to pay the Commonwealth, in accordance with this section, an amount equal to the penalty amount out of that property.

(a) a pecuniary penalty order is made against a person (in this subsection called the defendant) in reliance on the defendant’s conviction of an offence; and

a restraining order is subsequently made against:

property of the defendant; or

property of another person in relation to which an order under subsection 28(3) is in force;

in reliance on the defendant’s conviction of the offence;

the court making the restraining order may include in the restraining order a direction to the Official Trustee to pay the Commonwealth, in accordance with this section, an amount equal to the penalty amount out of that property.

(a) a pecuniary penalty order has been made against a person (the defendant) in reliance on the defendant’s conviction of an offence; and

a restraining order is in force against:

property of the defendant; or

property of another person in relation to which an order under subsection 28(3) is in force;

the Court may, on application by the DPP, direct the Official Trustee to pay the Commonwealth, in accordance with this section, an amount equal to the penalty amount out of the property.

direct the Official Trustee to sell or otherwise dispose of such of the property that is subject to the restraining order as the court specifies; and

appoint an officer of the court or any other person to execute any deed or instrument in the name of a person who owns or has an estate, interest or right in the property and to do any act or thing necessary to give validity and operation to the deed or instrument.

if the property is money—apply the money in accordance with subsection (6) until the end of the relevant appeal period; and

if the property is not money—sell or otherwise dispose of the property until the end of the relevant appeal period.

if the property is money:

apply the money in payment of the costs, charges, expenses and remuneration, of the kind referred to in subsection 55(1), incurred or payable in connection with the restraining order and payable to the Official Trustee under the regulations; and

subject to subsection (7), credit the amount of the remainder of the money to the Confiscated Assets Special Account as required by section 34B; and

if the property is not money:

sell or otherwise dispose of the property;

apply the proceeds of the sale or disposition in payment of the costs, charges, expenses and remuneration, of the kind referred to in subsection 55(1), incurred or payable in connection with the restraining order or the sale or disposition and payable to the Official Trustee under the regulations; and

subject to subsection (7), credit the amount of the remainder of those proceeds to the Confiscated Assets Special Account as required by section 34B.

credit to the Confiscated Assets Special Account as required by section 34B an amount equal to the penalty amount; and

pay the balance to the person whose property was subject to the restraining order.

a restraining order is made against property in reliance on a person’s conviction of an offence or in reliance on the charging, or proposed charging of a person with an offence; and

before or after the restraining order is made, a pecuniary penalty order has been or is made against the person in reliance on the person’s conviction of the offence or a related indictable offence;

the relevant appeal period in respect of the property is:

the appeal period in relation to the person’s conviction of the offence; or

the appeal period in relation to the making of the pecuniary penalty order;

whichever ends last.

in a case where the person is to be taken to have been convicted of the offence by reason of paragraph 5(1)(b)—a reference to the appeal period in relation to the finding of the person guilty of the offence; and

in a case where the person is to be taken to have been convicted of the offence by reason of paragraph 5(1)(c)—a reference to the appeal period in relation to the person’s conviction of the other offence referred to in that paragraph.

if the period provided for the lodging of an appeal against the decision or finding has ended without such an appeal having been lodged—at the end of that period; or

if an appeal against the decision or finding has been lodged—when the appeal lapses or is finally determined.

(a) a pecuniary penalty order is made against a person (in this subsection called the defendant) in reliance on the defendant’s conviction of an offence; and

a restraining order is, or has been, made against:

property of the defendant; or

property of another person in relation to which an order under subsection 28(3) is, or has been, made;

in reliance on the defendant’s conviction of the offence or a related offence or in reliance on the charging, or proposed charging, of the defendant with the offence or a related offence;

then, upon the making of the later of the orders, there is created, by force of this section, a charge on the property to secure the payment to the Commonwealth of the penalty amount.

upon the quashing of the conviction in reliance on which the pecuniary penalty order was made;

upon the discharge of the pecuniary penalty order or the restraining order by a court hearing an appeal against the making of the order;

upon payment to the Commonwealth of the penalty amount in satisfaction of the pecuniary penalty order;

upon the sale or other disposition of the property:

under an order under section 49;

by the owner of the property with the consent of the court that made the pecuniary penalty order; or

where the restraining order directed the Official Trustee to take control of the property—by the owner of the property with the consent of the Official Trustee; or

upon the sale of the property to a purchaser in good faith for value who, at the time of purchase, has no notice of the charge;

whichever first occurs.

is subject to every encumbrance on the property that came into existence before the charge and that would, apart from this subsection, have priority over the charge;

has priority over all other encumbrances; and

subject to subsection (2), is not affected by any change of ownership of the property.

if the person is a natural person—imprisonment for a period not exceeding 5 years or a fine not exceeding 100 penalty units, or both; or

in the case of a body corporate—a fine not exceeding 500 penalty units.

a restraining order is made against property;

the property is disposed of, or otherwise dealt with, in contravention of the restraining order; and

the disposition or dealing was either not for sufficient consideration or not in favour of a person who acted in good faith;

the DPP may apply to the court that made the restraining order for an order that the disposition or dealing be set aside.

setting the disposition or dealing aside as from the day on which the disposition or dealing took place; or

setting the disposition or dealing aside as from the day of the order under this subsection and declaring the respective rights of any persons who acquired interests in the property on or after the day on which the disposition or dealing took place and before the day of the order under this subsection.

a court has made a restraining order directing the Official Trustee to take custody and control of all the property of a person or of all the property of a person other than specified property;

the Official Trustee has taken custody and control of any property, without notice of any claim by another person in respect of that property; and

the first-mentioned person did not, at the date of the restraining order, have any beneficial interest in the property referred to in paragraph (b);

the Official Trustee is not personally liable for:

any loss or damage arising from its having taken custody and control of the property sustained by a person claiming the property or an interest in the property; or

the cost of proceedings taken to establish a claim to the property or to an interest in the property;

unless the court in which the claim is made is of the opinion that the Official Trustee has been guilty of negligence in respect of the taking of custody and control of the property.

any loss or damage arising from its having taken custody and control of the property (being loss or damage sustained by some other person claiming the property or an interest in the property); or

the cost of proceedings taken to establish a claim to the property, or to an interest in the property;

unless the court in which the claim is made is of the opinion that the Official Trustee has been guilty of negligence in respect of the taking of custody and control of the property.

the costs, charges and expenses incurred in connection with; and

the Official Trustee’s remuneration in respect of;

the performance or exercise by the Official Trustee of functions, duties or powers under this Act.

a restraining order is made in reliance on a person’s conviction of an offence or the charging of a person with an offence; or

a restraining order is made in reliance on the proposed charging of a person with an offence and the person is, within the succeeding period of 48 hours, charged with the offence or a related indictable offence;

the following provisions have effect:

if, within the relevant period in relation to the restraining order, the charge is withdrawn and the person is not charged with a related indictable offence by the time the charge is withdrawn, the restraining order ceases to be in force when the charge is withdrawn;

if, within the relevant period in relation to the restraining order, the person is acquitted of the charge and the person is not charged with a related indictable offence by the time of the acquittal, the restraining order ceases to be in force:

(i) in a case where the acquittal occurs after the commencement of the Proceeds of Crime Act 2002—at the end of the period of 28 days after the day of the acquittal; or

otherwise—when the acquittal occurs;

if:

a court makes a confiscation order that is a pecuniary penalty order in reliance on the person’s conviction of the offence or a related indictable offence;

the pecuniary penalty order is satisfied or otherwise ceases to be in force; and

when the order is satisfied or otherwise ceases to be in force:

(A) no application for another confiscation order made in reliance on the person’s conviction of the offence or a related indictable offence is yet to be determined; and

(B) no other confiscation order made in reliance on the person’s conviction of the offence or a related indictable offence is in force;

the restraining order ceases to be in force, upon the pecuniary penalty order being satisfied or otherwise ceasing to be in force, to the extent that the property to which the restraining order relates is the same as the property that is sold or otherwise disposed of to satisfy the pecuniary penalty order and pay the costs, charges, expenses and remuneration referred to in subsection 49(6);

if:

a court refuses an application for a confiscation order in reliance on the person’s conviction of the offence or a related indictable offence; and

when the court refuses the application:

(A) no application for another confiscation order made in reliance on the person’s conviction of the offence or a related indictable offence is yet to be determined; and

(B) no other confiscation order made in reliance on the person’s conviction of the offence or a related indictable offence is in force;

the restraining order ceases to be in force when the court refuses the application;

if some or all of the property subject to the restraining order is forfeited under section 19 or 30, the restraining order, to the extent to which it relates to that property, ceases to be in force when that property is forfeited;

if, within the relevant period in relation to the restraining order, an application is made to a court under subsection (3) for an extension of the period of operation of the restraining order and the court refuses the application after the end of the relevant period, the restraining order ceases to be in force when the court refuses the application;

subject to a preceding paragraph, if, within the relevant period in relation to the restraining order, an application is made to a court under subsection (3) for an extension of the period of operation of the restraining order and that application is granted, the restraining order ceases to be in force at such time, or on the occurrence of such event, as is specified in an order of the court made under that subsection; or

in any other case, the restraining order ceases to be in force at the end of the relevant period in relation to the restraining order.

that a forfeiture order may still be made in respect of the property or part of the property;

that the property or part of the property may still become forfeited under subsection 30(1); or

where the property is:

property of the person; or

property of another person:

(A) against which the restraining order was made by virtue of subparagraph 44(7)(a)(ii) or (7A)(a)(ii); or

(B) in relation to which an order under subsection 28(3) has been, or is likely to be, made;

that a pecuniary penalty order may still be made against the person;

the court may:

by order, extend the period of operation of the restraining order; and

make such other order or orders as it considers appropriate in relation to the operation of the restraining order.

a restraining order has been made in reliance on a person’s conviction of an offence or the charging, or proposed charging, of a person with an offence; and

in reliance on the person’s conviction of the offence or a related indictable offence, a court has made a forfeiture order in respect of part or all of the property and has also made a pecuniary penalty order against the person;

the court may make such further orders, and give such directions, as it considers appropriate in relation to the operation of the restraining order, the forfeiture order and the pecuniary penalty order, and this Act has effect, in relation to those orders and to the property subject to those orders, subject to any further orders, or any directions, so given.

if an order has, or orders have, been made under subsection (3) extending the restraining order’s period of operation—at such time, or on the occurrence of such event, as is specified in the order, or the last of the orders, so made;

if paragraph (a) does not apply but an order has, or orders have, been made by virtue of paragraph 48(1)(a), (b) or (e) in relation to the restraining order—at the end of 6 months after the day when the order, or the last of the orders, was so made; or

in any other case—at the end of 6 months after the day when the restraining order was made.

the DPP; and

where the order directed the Official Trustee to take control of property—the Official Trustee.

a reference in subsection 43(1) to an indictable offence were a reference to the foreign serious offence; and

the reference in subsection 43(1) to the relevant Supreme Court were a reference to the court specified in the DPP’s authorisation under the Mutual Assistance Act; and

(c) a reference in this Division to a person charged or about to be charged with an indictable offence were a reference to a person against whom a criminal proceeding in respect of a foreign serious offence has commenced, or is reasonably believed to be about to commence, in a foreign country; and

the reference in paragraph 43(3)(b) to a person’s reasonable expenses in defending a criminal charge included a reference to the person’s reasonable expenses in being represented in a criminal proceeding in a foreign country; and

(da) a reference in subsection 44(4) to the proposed charging of a person with an offence were a reference to the proposed commencement of a criminal proceeding in a foreign country against a person in respect of a foreign serious offence; and

a reference in this Division to a serious offence were a reference to the foreign serious offence; and

subsections 44(2), (5) and (6) and 48(3) and (4) and sections 49, 50, 56 and 57 were omitted.

(a) a person (in this subsection referred to as the defendant) has been alleged, in a criminal proceeding in a foreign country, to have committed a serious foreign offence;

a court makes a restraining order under section 43 against property in respect of the offence; and

a person having an interest in the property applies to the court under section 48 for an order varying the restraining order to exclude the person’s interest from the restraining order;

the court shall grant the application:

where the applicant is not the defendant—if the court is satisfied that:

the applicant was not, in any way, involved in the commission of the offence; and

where the applicant acquired the interest at the time of or after the commission, or alleged commission, of the offence—the applicant acquired the interest:

(A) for sufficient consideration; and

(B) without knowing, and in circumstances such as not to arouse a reasonable suspicion, that the property was tainted property; or

in any case—if the court is satisfied that it is in the public interest to do so having regard to any financial hardship or other consequence of the interest remaining subject to the order.

a restraining order against property is made in respect of a foreign serious offence; and

before the end of the period referred to in subsection (3) (including that period as extended under subsection (4)) a foreign restraining order against the property is registered in a court in Australia under the Mutual Assistance Act;

the restraining order referred to in paragraph (a) ceases to have effect upon the registration of the foreign restraining order referred to in paragraph (b).

the owner of the property; and

any other person the DPP has reason to believe may have an interest in the property.

an order regulating the manner in which the Official Trustee may exercise its powers or perform its duties under the order under subsection (1);

an order determining any question relating to that property, including any question relating to the liabilities of the respondent and the exercise of the powers, or the performance of the duties, of the Official Trustee with respect to that property;

an order directing the respondent to furnish to the Official Trustee, within a period specified in the order under this subsection, a statement, verified by the oath of the respondent, setting out such particulars of the property of the respondent as the court thinks proper.

becoming a party to any civil proceedings affecting the property;

ensuring that the property is insured; and

if the property consists, in whole or in part, of a business—employing, or terminating the employment of, persons in the business.

a foreign restraining order is made against property of a person in reliance on the person’s conviction, or alleged commission, of a foreign serious offence;

the foreign restraining order is registered in a court in Australia under the Mutual Assistance Act;

a foreign pecuniary penalty order has been or is made against the person in reliance on the person’s conviction of the offence or a related foreign serious offence;

the foreign pecuniary penalty order has been or is registered in a court in Australia under the Mutual Assistance Act; and

an order has been or is made under section 61 directing the Official Trustee to take control of the property;

the court in which the foreign pecuniary penalty order is registered may, by order, direct the Official Trustee to pay to the Commonwealth, in accordance with this section, an amount equal to the penalty amount out of that property.

direct the Official Trustee to sell or otherwise dispose of such of the property that is under the control of the Official Trustee as the court specifies; and

appoint an officer of the court or any other person to execute any deed or instrument in the name of a person who owns or has an estate, or interest or right in the property and to do any act or thing necessary to give validity and operation to the deed or instrument.

if the property is money:

apply the money in payment of the costs payable to the Official Trustee in accordance with section 55 in respect of the order under section 61 in respect of the property; and

subject to subsection (5), credit the amount of the remainder of the money to the Confiscated Assets Special Account as required by section 34B; and

if the property is not money:

sell or otherwise dispose of the property;

apply the proceeds of the sale or disposition in payment of the costs payable to the Official Trustee in accordance with section 55 in respect of the order under section 61 in respect of the property (including expenses incurred in connection with the sale or disposition of any of the property to which the order under section 61 relates); and

subject to subsection (5), credit the amount of the remainder of those proceeds to the Confiscated Assets Special Account as required by section 34B.

credit to the Confiscated Assets Special Account as required by section 34B an amount equal to the penalty amount; and

pay the balance to the person whose property was subject to the order under section 61.

a foreign restraining order is made against property of a person in reliance on the person’s conviction, or alleged commission, of a foreign serious offence;

the foreign restraining order is registered in a court in Australia under the Mutual Assistance Act;

a foreign pecuniary penalty order has been or is made against the person in reliance on the person’s conviction of the offence or a related foreign serious offence; and

the foreign pecuniary penalty order has been or is registered in a court in Australia under the Mutual Assistance Act;

then, upon the registration of the foreign restraining order or the foreign pecuniary penalty order, whichever last occurs, there is created, by force of this section, a charge on the property to secure the payment to the Commonwealth of the penalty amount.

upon payment to the Commonwealth of the penalty amount in satisfaction of the foreign pecuniary penalty order;

upon the person becoming a bankrupt;

upon the sale or other disposition of the property:

under an order under section 63;

by the owner of the property with the consent of the court in which the foreign pecuniary penalty order is registered; or

where an order under section 61 directed the Official Trustee to take control of the property—by the owner of the property with the consent of the Official Trustee;

upon the sale of the property to a purchaser in good faith for value who, at the time of purchase, has no notice of the charge; or

upon the cancellation of the registration of the relevant foreign restraining order, or the cancellation of the registration of the relevant foreign pecuniary penalty order, in accordance with the Mutual Assistance Act;

whichever first occurs.

is subject to every encumbrance on the property that came into existence before the charge and that would, apart from this subsection, have priority over the charge;

has priority over all other encumbrances; and

subject to subsection (2), is not affected by any change of ownership of the property.

a person has been convicted of an indictable offence and a police officer has reasonable grounds for suspecting that a person has possession or control of a property-tracking document or property-tracking documents in relation to the offence; or

a police officer has reasonable grounds for suspecting that:

a person has committed an indictable offence; and

a person has possession or control of a property-tracking document or property-tracking documents in relation to the offence;

the police officer may:

lay before a Judge of the Supreme Court of:

the State or Territory in which the person was convicted of the offence or in which the offence is believed to have been committed; or

a State or Territory in which the document is, or some or all of the documents are, believed to be located;

an information on oath setting out those grounds; and

apply to the Judge for an order under subsection (4) against the person suspected of having possession or control of the document or documents.

if the offence is an ordinary indictable offence:

the person who was convicted of the offence, or who is believed to have committed the offence, derived a benefit, directly or indirectly, from the commission of the offence; and

property specified in the information is subject to the effective control of the person; or

if the offence is a serious offence—property specified in the information is subject to the effective control of the person;

the Judge may treat any document relevant to identifying, locating or quantifying that property as a property-tracking document in relation to the offence for the purposes of this section.

produce to a police officer any documents of the kind referred to in subsection (1) that are in the person’s possession or control; or

make available to a police officer, for inspection, any documents of that kind that are in the person’s possession or control.

the informant or some other person has given the Judge, either orally or by affidavit, such information (if any) as the Judge requires concerning the grounds on which the order is sought; and

the Judge is satisfied that there are reasonable grounds for making the order.

inspect the document;

take extracts from the document;

make copies of the document;

retain the document if, and for so long as, retention of the document is reasonably necessary for the purposes of this Act.

inspect the document;

take extracts from the document;

make copies of the document.

give the person a copy of the document certified by the police officer in writing to be a true copy of the document; and

unless the person has received a copy of the document under paragraph (a)—permit the person to do any one or more of the following:

inspect the document;

take extracts from the document;

make copies of the document.

the production or making available of the document might tend to incriminate the person or make the person liable to a penalty; or

the production or making available of the document would be in breach of an obligation (whether imposed by enactment or otherwise) of the person not to disclose the existence or contents of the document.

contravenes the order; or

in purported compliance with the order produces or makes available a document known to the person to be false or misleading in a material particular without:

indicating to the police officer to whom the document is produced or made available that the document is false or misleading and the respect in which the document is false or misleading; and

providing correct information to the police officer if the person is in possession of, or can reasonably acquire, the correct information.

if the offender is a natural person—imprisonment for a period not exceeding 5 years or a fine not exceeding 100 penalty units, or both; or

if the offender is a body corporate—a fine not exceeding 500 penalty units.

a reference in this Division to an indictable offence were a reference to the foreign serious offence; and

paragraph 66(1)(c) referred to the court specified in the police officer’s authorisation under the Mutual Assistance Act.

enter upon land, or upon or into premises;

search the land or premises for any property-tracking document in relation to an indictable offence; and

seize any document found in the course of the search that the police officer believes, on reasonable grounds, to be a property-tracking document in relation to an indictable offence;

but only if the entry, search or seizure, as the case may be, is made:

with the consent of the occupier of the land or premises; or

under a warrant issued under section 71.

a person has been convicted of an indictable offence and a police officer has reasonable grounds for suspecting that there is, or may be within the next following 72 hours, upon any land, or upon or in any premises, in a State or Territory a property-tracking document in relation to the offence; or

a police officer has reasonable grounds for suspecting that:

a person has committed an indictable offence; and

there is, or may be within the next following 72 hours, upon any land, or upon or in any premises, in a State or Territory a property-tracking document in relation to the offence;

the police officer may:

lay before a Judge of the Supreme Court of:

the State or Territory in which the person was convicted of the offence or in which the offence is believed to have been committed; or

the State or Territory referred to in paragraph (a) or (b);

an information on oath setting out those grounds; and

apply to the Judge for a search warrant under subsection (4) in respect of the land or premises.

if the offence is an ordinary indictable offence:

the person who was convicted of the offence, or who is believed to have committed the offence, derived a benefit, directly or indirectly, from the commission of the offence; and

property specified in the information is subject to the effective control of the person; or

if the offence is a serious offence—property specified in the information is subject to the effective control of the person;

the Judge may treat any document relevant to identifying, locating or quantifying that property as a property-tracking document in relation to the offence for the purposes of this section.

to enter upon the land or upon or into the premises;

to search the land or premises for documents of the kind referred to in subsection (1); and

to seize any document found in the course of the search that the police officer believes, on reasonable grounds, to be a document of that kind.

the document involved cannot be identified or described with sufficient particularity for the purpose of obtaining a production order in respect of the document;

a production order has been given in respect of the document and has not been complied with;

a production order in respect of the document would be unlikely to be effective because there are reasonable grounds to suspect that such a production order would not be complied with; or

the investigation for the purposes of which the search warrant is being sought might be seriously prejudiced if the police officer does not gain immediate access to the document without notice to any person.

the informant or some other person has given the Judge, either orally or by affidavit, any further information that the Judge requires concerning the grounds on which the search warrant is sought; and

the Judge is satisfied that there are reasonable grounds for issuing the search warrant.

a statement of the purpose for which the warrant is issued, including a reference to the nature of the indictable offence that has been or is believed to have been committed;

whether entry is authorised to be made at any time of the day or night or during specified hours of the day or night;

a description of the kind of documents authorised to be seized; and

a date, not being later than one month after the day of issue of the warrant, upon which the warrant ceases to have effect.

any document that the police officer believes, on reasonable grounds, to be:

a property-tracking document in relation to the offence, although not of a kind specified in the warrant; or

a property-tracking document in relation to another indictable offence; or

any thing that the police officer believes, on reasonable grounds, will afford evidence as to the commission of a criminal offence;

and the police officer believes, on reasonable grounds, that it is necessary to seize that document or thing in order to prevent its concealment, loss or destruction, the warrant shall be deemed to authorise the police officer to seize that document or thing.

a reference in this Division to an indictable offence were a reference to the foreign serious offence;

paragraph 71(1)(c) referred to the court specified in the police officer’s authorisation under the Mutual Assistance Act; and

subsection 71(8) were omitted.

any document that the police officer believes, on reasonable grounds, to be a property-tracking document in relation to the offence, although not of the kind specified in the warrant; or

any thing that the police officer believes, on reasonable grounds:

to be relevant to a criminal proceeding or a criminal investigation in the foreign country in respect of the offence; or

will afford evidence of the commission of a criminal offence;

and the police officer believes, on reasonable grounds, that it is necessary to seize that document or thing in order to prevent its concealment, loss or destruction, the warrant shall be deemed to authorise the police officer to seize that document or thing.

has committed, or is about to commit, an indictable offence that is a serious offence;

was involved in the commission, or is about to be involved in the commission, of an indictable offence that is a serious offence; or

has benefited directly or indirectly, or is about to benefit directly or indirectly, from the commission of an indictable offence that is a serious offence; or

both:

has committed, or is about to commit, 3 or more public fraud offences; and

has derived, or is about to derive, substantial benefit from the commission of any or all of those offences.

the name or names in which the account is believed to be held;

the class of information that the institution is required to give; and

the law enforcement authority to which the information is to be given, and the manner in which the information is to be given.

contravenes the order; or

provides false or misleading information in purported compliance with the order;

the institution commits an offence against this subsection punishable, upon conviction, by a fine not exceeding 1,000 penalty units.

the making of a fixed term deposit; and

in relation to a fixed term deposit—the transfer of the amount deposited, or any part of it, at the end of the term.

if the order specifies the Australian Federal Police as the law enforcement authority to which information is to be given—the Commissioner or an AFP member; or

(b) if the order specifies the ACC as the law enforcement authority to which information is to be given—the Chief Executive Officer of the ACC, an examiner (within the meaning of the Australian Crime Commission Act 2002) or a member of the staff of the ACC (within the meaning of that Act); or

an officer or agent of the institution, for the purpose of ensuring that the order is complied with; or

a barrister or solicitor, for the purpose of obtaining legal advice or representation in relation to the order.

while he or she is such a person—disclose the existence or operation of the order except to another person of a kind referred to in paragraph (1)(a), (b), (c) or (d) for the purposes of:

(i) if the disclosure is made by the Commissioner, an AFP member, or the Chief Executive Officer of the ACC, an examiner (within the meaning of the Australian Crime Commission Act 2002) or a member of the staff of the ACC (within the meaning of that Act)—the performance of that person’s duties;

if the disclosure is made by an officer or agent of the institution—ensuring that the order is complied with or obtaining legal advice or representation in relation to the order; or

if the disclosure is made by a barrister or solicitor—giving legal advice or making representations in relation to the order; or

when he or she is no longer such a person—make a record of, or disclose, the existence or the operation of the order in any circumstances.

for the purposes of, or in connection with, legal proceedings; or

in the course of proceedings before a court.

if the person is a natural person—imprisonment for a period not exceeding 10 years or a fine not exceeding 200 penalty units, or both; or

if the person is a body corporate—a fine not exceeding 1,000 penalty units.

a reference in this Division to an indictable offence that is a serious offence were a reference to the foreign serious offence; and

a reference in this Division to the Supreme Court of a State or Territory were a reference to the court specified in the police officer’s authorisation under the Mutual Assistance Act.

if the offence is against 100 penalty units; orsection 73—a fine not exceeding

if the offence is against section 52, 68, 74, 82 or 97:

if the offender is a natural person—imprisonment for a period not exceeding 12 months or a fine not exceeding 20 penalty units, or both; or

if the offender is a body corporate—a fine not exceeding 100 penalty units.

by an employee or agent of the person within the scope of his or her actual or apparent authority; or

by any other person at the direction or with the consent or agreement (whether express or implied) of an employee or agent of the first-mentioned person, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the employee or agent;

shall be deemed, for the purposes of this Act, to have been engaged in by the first-mentioned person.

specified property in a Territory;

all property in a Territory of a specified person; or

all property (other than specified property) in a Territory of a specified person;

a copy of the order, sealed by the court making the order, may be registered in the Supreme Court of the Territory by the person on whose application the order was made or by an appropriate officer.

registration was improperly obtained; or

particulars of any amendments made to the restraining order, or of any ancillary orders or directions made by a court, are not communicated to the Supreme Court in accordance with the requirements of the rules of the Supreme Court.

an interstate restraining order is made against property in reliance on a person’s conviction of an interstate indictable offence or in reliance on the charging, or proposed charging, of a person with an interstate indictable offence;

an interstate pecuniary penalty order is made against the person in reliance on the person’s conviction of that offence or a related interstate indictable offence;

the interstate restraining order is registered under this Division in the Supreme Court of a Territory; and

(d) the interstate pecuniary penalty order is registered in a court of the Territory under the Service and Execution of Process Act 1992;

then, upon the registration referred to in paragraph (c) or the registration referred to in paragraph (d) (whichever last occurs), a charge is created on the property to secure payment of the amount due under the interstate pecuniary order.

upon the quashing of the conviction in reliance on which the interstate pecuniary penalty order was made;

upon the discharge of the interstate pecuniary penalty order by a court hearing an appeal against the making of the order;

upon payment of the amount due under the interstate pecuniary penalty order;

upon the sale or other disposition of the property:

under an order made by a court under the corresponding law of the State in which the interstate pecuniary penalty order was made;

by the owner of the property with the consent of the court that made the interstate pecuniary penalty order; or

where the interstate restraining order directed a person to take control of the property—by the owner of the property with the consent of that person; or

upon the sale of the property to a purchaser in good faith for value who, at the time of purchase, has no notice of the charge;

whichever first occurs.

is subject to every encumbrance on the property that came into existence before the charge and that would, apart from this subsection, have priority over the charge;

has priority over all other encumbrances; and

subject to subsection (2), is not affected by any change of ownership of the property.

registration was improperly obtained; or

particulars of any amendments made to the forfeiture order, or of any ancillary orders or directions made by a court, are not communicated to the Supreme Court in accordance with the requirements of the rules of the Supreme Court.