PROCEEDS OF CRIME ACT 1987 No. 87, 1987
PROCEEDS OF CRIME ACT 1987 No. 87, 1987 - TABLE OF PROVISIONS
TABLE OF PROVISIONS PART I-PRELIMINARYSection 1. Short title 2. Commencement 3. Principal objects 4. Interpretation 5. Meaning of ''conviction'' etc. of offence 6. Meaning of ''absconding'' 7. Meaning of ''serious offence'' 8. Related offences 9. Meaning of ''dealing with property'' 10. Appropriate court in relation to indictable offence 11. Act to bind Crown 12. Act to apply both within and outside Australia 13. Application PART II-CONFISCATION Division 1-Application for confiscation order 14. Application for confiscation order 15. Notice of application 16. Amendment of application 17. Making of confiscation order where person has absconded 18. Procedure on application Division 2-Forfeiture orders 19. Forfeiture orders 20. Effects of forfeiture order 21. Effect of forfeiture order on third parties 22. Discharge of forfeiture order on appeal or by quashing of conviction 23. Registered foreign forfeiture orders Division 3-Pecuniary penalty orders 24. Application of Division 25. Special provisions in relation to serious offences 26. Pecuniary penalty orders 27. Assessment of pecuniary penalty 28. Court may lift corporate veil etc. 29. Amounts paid in respect of registered foreign pecuniary penalty orders Division 4-Forfeiture in case of serious offence 30. Forfeiture of all restrained property if person convicted of serious offence 31. Recovery of property to which section 30 applies 32. Effect of quashing of conviction Division 5-Miscellaneous 33. Person with interest in forfeited property may buy back the interest 34. Buying out other interests in forfeited property PART III-CONTROL OF PROPERTY LIABLE TO CONFISCATION Division 1-Search powers 35. Powers to search for, and seize, tainted property 36. Search warrants in relation to tainted property 37. Search warrants may be granted by telephone 38. Searches in emergencies 39. Responsibility for seized property 40. Return of seized property 41. Issue of search warrants by Territory courts in relation to interstate indictable offences 42. Search for and seizure of tainted property in relation to foreign offences Division 2-Restraining orders 43. Restraining orders 44. Grounds for making restraining order 45. Notice of application for restraining order 46. Persons who may appear and adduce evidence 47. Notice of restraining orders 48. Court may make further orders 49. Official Trustee to discharge pecuniary penalty 50. Charge on property subject to restraining order 51. Registration of restraining orders 52. Contravention of restraining orders 53. Duties of Official Trustee 54. Protection of Official Trustee from personal liability in certain cases 55. Costs payable to Official Trustee 56. Court may revoke restraining orders 57. Time when restraining order ceases to be in force 58. Notice of applications under this Division 59. Interim restraining order may be made in respect of foreign offence 60. Registered foreign restraining orders-general 61. Registered foreign restraining orders-court may direct Official Trustee to take custody and control of property 62. Registered foreign restraining orders-undertakings
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63. Registered foreign restraining orders-Official Trustee to discharge registered foreign pecuniary penalty orders 64. Registered foreign restraining orders-charge on property subject to order 65. Registered foreign restraining orders-time when order ceases to be in force PART IV-INFORMATION GATHERING POWERS Division 1-Production orders 66. Production orders 67. Variation of production order 68. Failure to comply with production order 69. Production orders in relation to foreign offences Division 2-Search powers 70. Powers to search for, and seize, documents relevant to locating etc. property 71. Search warrant for location etc. of property 72. Search warrants in relation to foreign offences Division 3-Monitoring orders 73. Monitoring orders 74. Existence and operation of monitoring order not to be disclosed 75. Monitoring orders in relation to foreign offences Division 4-Obligations of financial institutions 76. Interpretation 77. Retention of records by financial institutions 78. Register of original documents 79. Communication of information by financial institutions to law enforcement agencies 80. Protection for financial institution where information given pursuant to section 79 PART V-OFFENCES Division 1-Money laundering 81. Money laundering 82. Possession etc. of property suspected of being proceeds of crime Division 2-Organised fraud 83. Organised fraud Division 3-Miscellaneous 84. Prosecution of offences 85. Conduct by directors, servants or agents PART VI-ENFORCEMENT OF STATE ORDERS IN TERRITORIES Division 1-Interstate restraining orders 86. Registration of interstate restraining orders 87. Effect of registration 88. Duration of registration 89. Cancellation of registration 90. Charge on property subject to registered interstate restraining order 91. Powers of Official Trustee in relation to interstate restraining orders Division 2-Interstate forfeiture orders