Legal database - View: Proceeds of Crime Act 2002

Proceeds of Crime Act 2002
CHAPTER 1 - INTRODUCTION
PART 1-1 - PRELIMINARY
SECTION 1 Short title
SECTION 2 Commencement
SECTION 3 Identifying defined terms
SECTION 4 Application of the Criminal Code
PART 1-2 - OBJECTS
SECTION 5 Principal objects
PART 1-3 - OUTLINE OF THIS ACT
SECTION 6 General
SECTION 7 The confiscation scheme (Chapter 2)
SECTION 8 Information gathering (Chapter 3)
SECTION 9 Administration (Chapter 4)
SECTION 10 Miscellaneous (Chapter 5)
SECTION 11 Interpreting this Act (Chapter 6)
PART 1-4 - APPLICATION
Division 1 - General
SECTION 12 Act to bind Crown
SECTION 13 Act to apply both within and outside Australia
SECTION 14 Application
SECTION 14A Concurrent operation of State and Territory laws
Division 2 - The national unexplained wealth provisions
Subdivision A - General
SECTION 14B Constitutional basis of the national unexplained wealth provisions
SECTION 14C What is a participating State ?
SECTION 14D Meaning of unexplained wealth
SECTION 14E Meaning of information gathering
SECTION 14F When a non-participating State is a cooperating State
Subdivision B - Rollback of particular express amendments
SECTION 14G Effect of rollback by participating States on unexplained wealth proceedings
SECTION 14H Effect of rollback by self-governing Territories on unexplained wealth proceedings
SECTION 14J Effect of rollback by participating States on action taken under State reference information gathering provisions
SECTION 14K Effect of rollback by self-governing Territories on action taken under State reference information gathering provisions
Subdivision C - Interaction of the national unexplained wealth provisions and orders with State and Territory laws and orders
SECTION 14L Concurrent operation of State and Territory laws with national unexplained wealth provisions
Subdivision D - Other matters
SECTION 14M Information gathering by participating States and self-governing Territories
SECTION 14N Transitional, application and saving provisions relating to the national cooperative scheme on unexplained wealth
SECTION 15 Concurrent operation of State/Territory laws
CHAPTER 2 - THE CONFISCATION SCHEME
PART 2-1A - FREEZING ORDERS
SECTION 15A Simplified outline of this Part
Division 1 - Making freezing orders
SECTION 15B Making freezing orders
Division 2 - How freezing orders are obtained
SECTION 15C Affidavit supporting application made in person
SECTION 15D Applying for freezing orders by telephone or other electronic means
SECTION 15E Making order by telephone etc
SECTION 15F Unsigned freezing orders in court proceedings
SECTION 15FA Prohibition of publication of evidence - proceedings for freezing orders
SECTION 15G Offence for making false statements in applications
SECTION 15H Offences relating to orders made under section 15E
Division 3 - Giving effect to freezing orders
SECTION 15J Service of freezing order etc on financial institution and account-holder
SECTION 15K Freezing order does not prevent withdrawal to enable financial institution to meet its liabilities
SECTION 15L Offence for contravening freezing orders
SECTION 15M Protection from suits etc for those complying with orders
Division 4 - Duration of freezing orders
SECTION 15N When a freezing order is in force
SECTION 15P Order extending a freezing order
Division 5 - Varying scope of freezing orders
SECTION 15Q Magistrate may vary freezing order to allow withdrawal to meet reasonable expenses
Division 6 - Revoking freezing orders
PART 2-1 - RESTRAINING ORDERS
SECTION 16 Simplified outline of this Part
Division 1 - Making restraining orders
SECTION 17 Restraining orders - people convicted of or charged with indictable offences
SECTION 18 Restraining orders - people suspected of committing serious offences
SECTION 19 Restraining orders - property suspected of being proceeds of indictable offences etc.
SECTION 20 Restraining orders - people suspected of deriving literary proceeds from indictable offences etc.
SECTION 20A Restraining orders - unexplained wealth
SECTION 21 Refusal to make an order for failure to give undertaking
SECTION 22 Restraining orders must only relate to one suspect
SECTION 23 Conditions on restraining orders
SECTION 24 Allowance for expenses
SECTION 24A Excluding property from or revoking restraining orders in certain cases when expenses are not allowed
Division 2 - How restraining orders are obtained
SECTION 25 Proceeds of crime authority may apply for a restraining order
SECTION 26 Notice of application
SECTION 27 Proceeds of crime authority may choose under which section it applies for a restraining order
SECTION 28 Prejudice to investigations
SECTION 28A Prohibition of publication of evidence - proceedings for restraining orders
Division 3 - Excluding property from restraining orders
SECTION 29 Excluding property from certain restraining orders
SECTION 29A Excluding property from a restraining order made under section 20A
SECTION 30 Application to exclude property from a restraining order before restraining order has been made
SECTION 31 Application to exclude property from a restraining order after restraining order has been made
SECTION 32 Application not to be heard unless responsible authority has had reasonable opportunity to conduct an examination
Division 4 - Giving effect to restraining orders
SECTION 33 Notice of a restraining order
SECTION 34 Registering restraining orders
SECTION 35 Notifying registration authorities of exclusions from or variations to restraining orders
SECTION 36 Court may set aside a disposition contravening a restraining order
SECTION 37 Contravening restraining orders
Division 5 - Further orders
SECTION 38 Court may order Official Trustee to take custody and control of property
SECTION 39 Ancillary orders
SECTION 39A Privilege against self incrimination etc does not apply
SECTION 39B Application to revoke ancillary order
SECTION 40 Contravening ancillary orders relating to foreign property
Division 6 - Duration of restraining orders
SECTION 41 When a restraining order is in force
SECTION 42 Application to revoke a restraining order
SECTION 43 Notice of revocation of a restraining order
SECTION 44 Giving security etc. to revoke etc. a restraining order
SECTION 45 Cessation of restraining orders
SECTION 45A Cessation of restraining orders relating to unexplained wealth
PART 2-2 - FORFEITURE ORDERS
SECTION 46 Simplified outline of this Part
Division 1 - Making forfeiture orders
SECTION 47 Forfeiture orders - conduct constituting serious offences
SECTION 48 Forfeiture orders - convictions for indictable offences
SECTION 49 Forfeiture orders - property suspected of being proceeds of indictable offences etc.
SECTION 50 Existence of other confiscation orders
SECTION 51 Acquittals do not affect forfeiture orders under section 47 or 49
SECTION 52 Making of forfeiture order if person has absconded
SECTION 53 Jurisdictional issues concerning forfeiture orders
Division 2 - Other relevant matters when a court is considering whether to make forfeiture orders
SECTION 54 Presumption in certain cases that property is an instrument of an offence
SECTION 55 Forfeiture orders can extend to other interests in property
SECTION 56 Forfeiture orders must specify the value of forfeited property
SECTION 57 Court may make orders relating to buying back forfeited property
SECTION 57A Applying for an order under section 57
SECTION 58 The court may also make supporting directions
Division 3 - How forfeiture orders are obtained
SECTION 59 Proceeds of crime authority may apply for a forfeiture order
SECTION 60 Additional application for a forfeiture order
SECTION 61 Notice of application
SECTION 62 Amending an application
SECTION 63 Court may dispense with notice requirements if person has absconded
SECTION 64 Procedure on application
SECTION 65 Applications to courts before which persons are convicted
Division 4 - Effect of forfeiture orders
SECTION 66 What property is forfeited and when - general rule
SECTION 67 First exception - registrable property
SECTION 68 Second exception - if a joint owner dies before the order was made
SECTION 68A Third exception - property located outside Australia
SECTION 69 When can the Commonwealth begin dealing with forfeited property?
SECTION 70 How must the Commonwealth deal with forfeited property?
SECTION 71 Dealings with forfeited property
Division 4A - Controlled property
SECTION 71A Official Trustee may take custody and control of forfeited property
Division 5 - Reducing the effect of forfeiture orders
Subdivision A - Relieving hardship
SECTION 72 Relieving certain dependants from hardship
Subdivision B - Excluding property from a forfeiture order
SECTION 73 Making exclusion orders
SECTION 74 Applying for exclusion orders
SECTION 75 Giving notice of matters relevant to an application
SECTION 76 When an application can be heard
Subdivision C - Compensating for proportion of property not derived or realised from commission of any offence
SECTION 77 Making compensation orders
SECTION 78 Application for compensation orders
SECTION 79 Giving notice of matters relevant to an application
SECTION 79A When an application can be heard
Division 6 - The effect on forfeiture orders of acquittals and quashing of convictions
SECTION 80 Forfeiture order made under section 47 or 49 unaffected by acquittal or quashing of conviction
SECTION 81 Discharge of forfeiture order made under section 48 on quashing of conviction
SECTION 82 Notice of application for confirmation of forfeiture order
SECTION 83 Procedure on application for confirmation of forfeiture order
SECTION 84 Court may confirm forfeiture order
SECTION 85 Effect of court ' s decision on confirmation of forfeiture order
SECTION 86 Official Trustee must not deal with forfeited property before the court decides on confirmation of forfeiture order
Division 7 - Miscellaneous
SECTION 87 Giving notice if a forfeiture order is discharged on appeal or by quashing of a conviction
SECTION 88 Returning property etc. following the discharge of a forfeiture order
SECTION 89 Person with interest in forfeited property may buy back the interest
SECTION 90 Buying out other interests in forfeited property
PART 2-3 - FORFEITURE ON CONVICTION OF A SERIOUS OFFENCE
SECTION 91 Simplified outline of this Part
Division 1 - Forfeiture on conviction of a serious offence
SECTION 92 Forfeiting restrained property without a forfeiture order if a person has been convicted of a serious offence
SECTION 92A Notice of date of forfeiture under this Part, etc
SECTION 93 Making an extension order extending the period before property is forfeited
SECTION 94 Excluding property from forfeiture under this Part
SECTION 94A Compensating for proportion of property not derived or realised from commission of any offence
SECTION 95 Court may declare that property has been forfeited under this Part
Division 2 - Effect of forfeiture on conviction of a serious offence
SECTION 96 When is property forfeited - general rule
SECTION 97 First exception - registrable property
SECTION 98 Second exception - if a joint owner dies
SECTION 98A Third exception - property located outside Australia
SECTION 99 When can the Commonwealth begin dealing with forfeited property?
SECTION 100 How must forfeited property be dealt with?
SECTION 101 Minister may give supporting directions
Division 2A - Controlled property
SECTION 101A Official Trustee may take custody and control of forfeited property
Division 3 - Recovery of forfeited property
SECTION 102 Court may make orders relating to transfer of forfeited property etc.
SECTION 103 Court may make orders relating to buying back forfeited property
SECTION 104 Applying for an order under section 102
SECTION 104A Applying for an order under section 103
SECTION 105 Person with interest in forfeited property may buy back the interest
SECTION 106 Buying out other interests in forfeited property
Division 4 - The effect on forfeiture of convictions being quashed
SECTION 107 The effect on forfeiture of convictions being quashed
SECTION 108 Notice of application for confirmation of forfeiture
SECTION 109 Procedure on application for confirmation of forfeiture
SECTION 110 Court may confirm forfeiture
SECTION 111 Effect of court ' s decision on confirmation of forfeiture
SECTION 112 Official Trustee must not deal with forfeited property before the court decides on confirmation of forfeiture
SECTION 113 Giving notice if forfeiture ceases to have effect on quashing of a conviction
SECTION 114 Returning property etc. following forfeiture ceasing to have effect
PART 2-4 - PECUNIARY PENALTY ORDERS
SECTION 115 Simplified outline of this Part
Division 1 - Making pecuniary penalty orders
SECTION 116 Making pecuniary penalty orders
SECTION 117 Pecuniary penalty orders made in relation to serious offence convictions
SECTION 118 Making of pecuniary penalty order if person has absconded
SECTION 119 Ancillary orders
SECTION 120 Acquittals do not affect pecuniary penalty orders
Division 2 - Penalty amounts
Subdivision A - General
SECTION 121 Determining penalty amounts
Subdivision B - The value of benefits derived from the commission of an offence
SECTION 122 Evidence the court is to consider
SECTION 123 Value of benefits derived - non-serious offences
SECTION 124 Value of benefits derived - serious offences
SECTION 125 Value of benefits may be as at time of assessment
SECTION 126 Matters that do not reduce the value of benefits
SECTION 127 Benefits already the subject of pecuniary penalty
SECTION 128 Property under a person ' s effective control
SECTION 129 Effect of property vesting in an insolvency trustee
Subdivision C - Reducing penalty amounts
SECTION 130 Reducing penalty amounts to take account of forfeiture and proposed forfeiture
SECTION 131 Reducing penalty amounts to take account of tax paid
SECTION 132 Reducing penalty amounts to take account of fines etc.
Subdivision D - Varying pecuniary penalty orders to increase penalty amounts
SECTION 133 Varying pecuniary penalty orders to increase penalty amounts
Division 3 - How pecuniary penalty orders are obtained
SECTION 134 Proceeds of crime authority may apply for a pecuniary penalty order
SECTION 135 Additional application for a pecuniary penalty order
SECTION 136 Notice of application
SECTION 137 Amendment of application
SECTION 138 Procedure on application
SECTION 139 Applications to courts before which persons are convicted
Division 4 - Enforcement of pecuniary penalty orders
SECTION 140 Enforcement of pecuniary penalty orders
SECTION 141 Property subject to a person ' s effective control
SECTION 142 Charge on property subject to restraining order
SECTION 143 Charges may be registered
SECTION 144 Penalty amounts exceeding the court ' s jurisdiction
Division 5 - The effect on pecuniary penalty orders of convictions being quashed
SECTION 145 Pecuniary penalty order unaffected if not made in relation to a conviction
SECTION 146 Discharge of pecuniary penalty order if made in relation to a conviction
SECTION 147 Notice of application for confirmation or variation of pecuniary penalty order
SECTION 148 Procedure on application for confirmation or variation of pecuniary penalty order
SECTION 149 Court may confirm pecuniary penalty order
SECTION 149A Court may vary pecuniary penalty order
SECTION 150 Effect of court ' s decision on confirmation or variation of pecuniary penalty order
PART 2-5 - LITERARY PROCEEDS ORDERS
SECTION 151 Simplified outline of this Part
Division 1 - Making literary proceeds orders
SECTION 152 Making literary proceeds orders
SECTION 153 Meaning of literary proceeds
SECTION 154 Matters taken into account in deciding whether to make literary proceeds orders
SECTION 155 Additional literary proceeds orders
SECTION 156 Ancillary orders
SECTION 157 Acquittals do not affect literary proceeds orders
Division 2 - Literary proceeds amounts
SECTION 158 Determining literary proceeds amounts
SECTION 159 Deductions from literary proceeds amounts
SECTION 160 Reducing literary proceeds amounts to take account of tax paid
SECTION 161 Varying literary proceeds orders to increase literary proceeds amounts
Division 3 - How literary proceeds orders are obtained
SECTION 162 Proceeds of crime authority may apply for a literary proceeds order
SECTION 163 Notice of application
SECTION 164 Amendment of application
SECTION 165 Procedure on application
SECTION 166 Applications to courts before which persons are convicted
Division 4 - Enforcement of literary proceeds orders
SECTION 167 Enforcement of literary proceeds orders
SECTION 168 Property subject to a person ' s effective control
SECTION 169 Charge on property subject to restraining order
SECTION 170 Charges may be registered
SECTION 171 Literary proceeds amounts exceeding the court ' s jurisdiction
Division 5 - The effect on literary proceeds orders of convictions being quashed
SECTION 172 Literary proceeds order unaffected if not made in relation to a conviction
SECTION 173 Discharge of literary proceeds order if made in relation to a conviction
SECTION 174 Notice of application for confirmation of literary proceeds order
SECTION 175 Procedure on application for confirmation of literary proceeds order
SECTION 176 Court may confirm literary proceeds order
SECTION 177 Effect of court ' s decision on confirmation of literary proceeds order
Division 6 - Literary proceeds orders covering future literary proceeds
SECTION 178 Literary proceeds orders can cover future literary proceeds
SECTION 179 Enforcement of literary proceeds orders in relation to future literary proceeds
PART 2-6 - UNEXPLAINED WEALTH ORDERS
SECTION 179A Simplified outline of this Part
Division 1 - Making unexplained wealth orders
SECTION 179B Making a preliminary unexplained wealth order requiring a person to appear
SECTION 179C Application to revoke a preliminary unexplained wealth order
SECTION 179CA Notice and procedure on application to revoke preliminary unexplained wealth order
SECTION 179D Notice of revocation of a preliminary unexplained wealth order
SECTION 179E Making an unexplained wealth order
SECTION 179EA Refusal to make an order for failure to give undertaking
SECTION 179EB Costs
SECTION 179F Ancillary orders
Division 2 - Unexplained wealth amounts
SECTION 179G Determining unexplained wealth amounts
SECTION 179H Effect of property vesting in an insolvency trustee
SECTION 179J Reducing unexplained wealth amounts to take account of forfeiture, pecuniary penalties etc
SECTION 179K Varying unexplained wealth orders to increase amounts
SECTION 179L Relieving certain dependants from hardship
Division 3 - How unexplained wealth orders are obtained
SECTION 179M Proceeds of crime authority may apply for an unexplained wealth order
SECTION 179N Notice of application
SECTION 179P Additional application for an unexplained wealth order
SECTION 179Q Procedure on application and other notice requirements
Division 4 - Enforcement of unexplained wealth orders
SECTION 179R Enforcement of an unexplained wealth order
SECTION 179S Property subject to a person's effective control
SECTION 179SA Charge on property subject to restraining order
SECTION 179SB Charges may be registered
SECTION 179T Amounts exceeding the court's jurisdiction
Division 5 - Oversight
SECTION 179U Parliamentary supervision
CHAPTER 3 - INFORMATION GATHERING
PART 3-1 - EXAMINATIONS
Division 1 - Examination orders
SECTION 180 Examination orders relating to restraining orders
SECTION 180A Examination orders relating to applications for exclusion from forfeiture
SECTION 180B Examination orders relating to applications for compensation
SECTION 180C Examination orders relating to applications under section 102
SECTION 180D Examination orders relating to enforcement of confiscation orders
SECTION 180E Examination orders relating to restraining orders revoked under section 44
SECTION 181 Examination orders relating to applications relating to quashing of convictions
SECTION 181A Examination orders relating to applications under section 57A
SECTION 181B Examination orders relating to applications under section 104A
SECTION 182 Applications for examination orders
Division 2 - Examination notices
SECTION 183 Examination notices
SECTION 184 Additional examination notices
SECTION 185 Form and content of examination
Division 3 - Conducting examinations
SECTION 186 Time and place of examination
SECTION 187 Requirements made of person examined
SECTION 188 Examination to take place in private
SECTION 189 Role of the examinee's lawyer
SECTION 190 Examination by video link or telephone
SECTION 191 Record of examination
SECTION 192 Questions of law
SECTION 193 Approved examiner may restrict publication of certain material
SECTION 194 Protection of approved examiner etc.
Division 4 - Offences
SECTION 195 Failing to attend an examination
SECTION 196 Offences relating to appearance at an examination
SECTION 197 Privileged information
SECTION 197A Giving false or misleading answers or documents
SECTION 198 Admissibility of answers and documents
SECTION 199 Unauthorised presence at an examination
SECTION 200 Breaching conditions on which records of statements are provided
SECTION 201 Breaching directions preventing or restricting publication
PART 3-2 - PRODUCTION ORDERS
SECTION 202 Making production orders
SECTION 203 Contents of production orders
SECTION 204 Powers under production orders
SECTION 205 Retaining produced documents
SECTION 206 Privilege against self-incrimination etc. does not apply
SECTION 207 Varying production orders
SECTION 208 Jurisdiction of magistrates
SECTION 209 Making false statements in applications
SECTION 210 Disclosing existence or nature of production orders
SECTION 211 Failing to comply with a production order
SECTION 212 Destroying etc. a document subject to a production order
PART 3-3 - NOTICES TO FINANCIAL INSTITUTIONS
SECTION 213 Giving notices to financial institutions
SECTION 214 Contents of notices to financial institutions
SECTION 215 Protection from suits etc. for those complying with notices
SECTION 216 Making false statements in notices
SECTION 217 Disclosing existence or nature of notice
SECTION 218 Failing to comply with a notice
PART 3-4 - MONITORING ORDERS
SECTION 219 Making monitoring orders
SECTION 220 Contents of monitoring orders
SECTION 221 Protection from suits etc. for those complying with orders
SECTION 222 Making false statements in applications
SECTION 223 Disclosing existence or operation of monitoring order
SECTION 224 Failing to comply with monitoring order
PART 3-5 - SEARCH AND SEIZURE
Division 1 - Search warrants
Subdivision A - Issuing search warrants
SECTION 225 Issuing a search warrant
SECTION 226 Additional contents of the information
SECTION 227 Contents of warrants
SECTION 228 The things that are authorised by a search warrant
Subdivision B - Applying for search warrants by telephone or other electronic means
SECTION 229 Applying for search warrants by telephone or other electronic means
SECTION 230 Issuing warrants by telephone etc.
SECTION 231 Unsigned telephone warrants in court proceedings
SECTION 232 Offence for stating incorrect names in telephone warrants
SECTION 233 Offence for unauthorised form of warrant
SECTION 234 Offence for execution etc. of unauthorised form of warrant
SECTION 235 Offence for giving unexecuted form of warrant
Subdivision C - Executing search warrants
SECTION 236 Warrants that must be executed only during particular hours
SECTION 237 Restrictions on personal searches
SECTION 238 Availability of assistance and use of force in executing a warrant
SECTION 239 Announcement before entry
SECTION 240 Details of warrant to be given to occupier etc.
SECTION 241 Occupier entitled to be present during search
SECTION 242 Specific powers available to officers executing the warrant
SECTION 243 Use of equipment to examine or process things
SECTION 244 Moving things to another place for examination or processing
SECTION 245 Use of electronic equipment at premises
SECTION 246 Person with knowledge of a computer or a computer system to assist access etc.
SECTION 247 Securing electronic equipment
SECTION 248 Compensation for damage to electronic equipment
SECTION 249 Copies of seized things to be provided
SECTION 250 Providing documents after execution of a search warrant
Division 2 - Stopping and searching conveyances
SECTION 251 Searches without warrant in emergency situations
SECTION 252 How an authorised officer exercises a power under section 251
Division 3 - Dealing with things seized
Subdivision A - General requirements
SECTION 253 Receipts for things seized under warrant
SECTION 254 Responsibility for things seized
SECTION 255 Effect of obtaining forfeiture orders
Subdivision B - Things seized as evidence
SECTION 256 Returning seized things
SECTION 257 Authorised officer may apply for a thing to be retained for a further period
SECTION 258 Magistrate may order that the thing be retained
Subdivision C - Things seized on other grounds
SECTION 259 Return of seized property to third parties
SECTION 260 Return of seized property if applications are not made for restraining orders or forfeiture orders
SECTION 261 Effect of obtaining restraining orders
SECTION 262 Effect of refusing applications for restraining orders or forfeiture orders
Division 4 - General
SECTION 263 Application of Part
SECTION 264 Law relating to legal professional privilege not affected
SECTION 265 Jurisdiction of magistrates
SECTION 266 Offence for making false statements in applications
PART 3-6 - DISCLOSURE OF INFORMATION
SECTION 266A Disclosure
CHAPTER 4 - ADMINISTRATION
PART 4-1 - POWERS AND DUTIES OF THE OFFICIAL TRUSTEE
Division 1 - Preliminary
SECTION 267 Property to which the Official Trustee's powers and duties under this Part apply
SECTION 267AA Additional property to which the Official Trustee ' s powers under Division 2 apply
SECTION 267AB Additional property to which the Official Trustee ' s powers under Division 3 apply
SECTION 267A Additional property to which the Official Trustee's powers and duties under Division 3 apply
Division 2 - Obtaining information about controlled property
SECTION 268 Access to books
SECTION 269 Suspect to assist Official Trustee
SECTION 270 Power to obtain information and evidence
SECTION 271 Privilege against self-incrimination
SECTION 272 Offences relating to exercise of powers under section 268 or 269
SECTION 273 Failure to provide information
SECTION 274 Failure of person to attend
SECTION 275 Refusal to be sworn or give evidence etc.
SECTION 275A Failure to produce a book
Division 3 - Dealings relating to controlled property
SECTION 276 Preserving controlled property
SECTION 277 Rights attaching to shares
SECTION 278 Destroying or disposing of property
SECTION 279 Notice of proposed destruction or disposal etc.
SECTION 280 Procedure if person objects to proposed destruction or disposal
SECTION 281 Proceeds from sale of property
SECTION 281A Official Trustee does not acquire any additional proprietary interests in controlled property
Division 4 - Discharging pecuniary penalty orders and literary proceeds orders
SECTION 282 Direction by a court to the Official Trustee in relation to certain restraining orders
SECTION 282A Direction by a court to the Official Trustee in relation to certain restraining orders
SECTION 283 Court may include further directions etc.
SECTION 284 Official Trustee to carry out directions
SECTION 285 Official Trustee not to carry out directions during appeal periods
SECTION 286 Discharge of pecuniary penalty orders and literary proceeds orders by credits to the Confiscated Assets Account
Division 5 - Miscellaneous
SECTION 287 Money not to be paid into the Common Investment Fund
SECTION 288 Official Trustee ' s costs etc.
SECTION 289 Income generated from controlled property
SECTION 290 Official Trustee is not personally liable
SECTION 291 Indemnification of Official Trustee
PART 4-2 - LEGAL ASSISTANCE
SECTION 292 Payments to legal aid commissions for representing suspects and other persons
SECTION 293 Payments to legal aid commissions for representing suspects and other persons
SECTION 294 Disclosure of information to legal aid commissions
PART 4-3 - CONFISCATED ASSETS ACCOUNT
Division 1 - Establishment, crediting and payments out of the Account
SECTION 295 Establishment of account
SECTION 296 Credits to the account
SECTION 297 Payments out of the account
Division 2 - The national cooperative scheme on unexplained wealth
SECTION 297A The scheme
SECTION 297B Sharing with foreign countries
SECTION 297C Sharing with States and Territories
Division 3 - Programs for expenditure on crime prevention etc.
SECTION 298 Programs for expenditure on law enforcement, drug treatment etc.
Division 4 - Grants to the States and Territories for crime prevention etc.
SECTION 298A Grants to the States and Territories for crime prevention etc.
SECTION 298B Terms and conditions of grants
SECTION 298C Minister has powers etc. of the Commonwealth
SECTION 298D Conferral of powers on the Minister
SECTION 298E Channelling State/Territory grants through the Federation Reform Fund
SECTION 298F Debits from the Federation Reform Fund
SECTION 299 Determinations by Inspector-General in Bankruptcy about suspended and distributable funds
PART 4-4 - CHARGES OVER RESTRAINED PROPERTY FOR PAYMENT OF CERTAIN AMOUNTS
Division 1 - Charges to secure certain amounts payable to legal aid commissions
SECTION 300 Legal aid commissions' charges
SECTION 301 When the charge ceases to have effect
SECTION 302 Priority of charge
Division 2 - Charges to secure certain amounts payable to the Commonwealth
SECTION 302A Charges to secure amounts payable under subsection 293(3)
SECTION 302B When the charge ceases to have effect
SECTION 302C Priority of charge
PART 4-5 - ENFORCEMENT OF INTERSTATE ORDERS IN CERTAIN TERRITORIES
Division 1 - Interstate restraining orders
SECTION 303 Registration of interstate restraining orders
SECTION 304 Effect of registration
SECTION 305 Duration of registration
SECTION 306 Cancellation of registration
SECTION 307 Charge on property subject to registered interstate restraining order
SECTION 308 Powers of Official Trustee in relation to interstate restraining orders
Division 2 - Interstate forfeiture orders
SECTION 309 Registration of interstate forfeiture orders
SECTION 310 Effect of registration
SECTION 311 Duration of registration
SECTION 312 Cancellation of registration
Division 3 - Miscellaneous
SECTION 313 Interim registration of faxed copies
CHAPTER 5 - MISCELLANEOUS
SECTION 314 State and Territory courts to have jurisdiction
SECTION 315 Proceedings are civil, not criminal
SECTION 315A Court may hear multiple applications at same time
SECTION 315B Transfer of responsibility for principal orders and applications
SECTION 315C Official Trustee may bring proceedings on behalf of the Commonwealth
SECTION 316 Consent orders
SECTION 317 Onus and standard of proof
SECTION 318 Proof of certain matters
SECTION 318A Admissibility in proceedings of statements made at examination by absent witness
SECTION 318B Objection to admission of statements made at examination
SECTION 319 Stay of proceedings
SECTION 319A Closed court
SECTION 320 Effect of the confiscation scheme on sentencing
SECTION 321 Deferral of sentencing pending determination of confiscation order
SECTION 322 Appeals
SECTION 323 Costs
SECTION 324 Powers conferred on judicial officers in their personal capacity
SECTION 325 Effect of a person ' s death
SECTION 326 Operation of other laws not affected
SECTION 327 Review of operation of Act
SECTION 327A Review
SECTION 328 Regulations
CHAPTER 6 - INTERPRETING THIS ACT
PART 6-1 - MEANING OF SOME IMPORTANT CONCEPTS
Division 1 - Proceeds and instrument of an offence
SECTION 329 Meaning of proceeds and instrument
SECTION 330 When property becomes, remains and ceases to be proceeds or an instrument
Division 2 - Convicted and related concepts
SECTION 331 Meaning of convicted of an offence
SECTION 332 Meaning of quashing a conviction of an offence
SECTION 333 Meaning of conviction day
SECTION 334 Meaning of abscond
Division 3 - Other concepts
SECTION 335 Proceeds jurisdiction
SECTION 336 Meaning of derived
SECTION 336A Meaning of property or wealth being lawfully acquired
SECTION 337 Meaning of effective control
SECTION 337A Meaning of foreign indictable offence
SECTION 337B Definition of serious offence - valuation rules
PART 6-2 - DICTIONARY
SECTION 338 Dictionary
Schedule 1 - Information gathering by participating States and self-governing Territories
PART 1 - PRODUCTION ORDERS
SECTION 1 Making production orders
SECTION 2 Contents of production orders
SECTION 3 Powers under production orders
SECTION 4 Retaining produced documents
SECTION 5 Privilege against self-incrimination etc. does not apply
SECTION 6 Varying production orders
SECTION 7 Jurisdiction of magistrates
SECTION 8 Making false statements in applications
SECTION 9 Disclosing existence or nature of production orders
SECTION 10 Failing to comply with production orders
SECTION 11 Destroying etc. documents subject to production orders
PART 2 - NOTICES TO FINANCIAL INSTITUTIONS
SECTION 12 Giving notices to financial institutions
SECTION 13 Contents of notices to financial institutions
SECTION 14 Protection from suits etc. for those complying with notices
SECTION 15 Making false statements in notices
SECTION 16 Disclosing existence or nature of notices
SECTION 17 Failing to comply with notices
PART 3 - DISCLOSURE OF INFORMATION
SECTION 18 Disclosure
SECTION 19 Parliamentary supervision of the operation of this Schedule
SECTION 20 Reports about the operation of this Schedule
Schedule 2 - Transitional, application and saving provisions relating to the national cooperative scheme on unexplained wealth
PART 1 - GENERAL
Division 1 - Termination of State reference or adoption
SECTION 1 Effect of termination on things that happened beforehand etc.
SECTION 2 Effect of termination on the sharing of certain proceeds of confiscated assets
SECTION 3 Effect of termination - regulations
Division 2 - Ceasing to be a relevant offence of a State
SECTION 4 Effect of cessation on things that happen beforehand etc.
SECTION 5 Effect of cessation - regulations
PART 2 - UNEXPLAINED WEALTH LEGISLATION AMENDMENT ACT 2018
SECTION 6 Definitions
SECTION 7 Amendments made by Schedule 2 to the amending Act
SECTION 8 Amendments made by Schedule 4 to the amending Act

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