Western Australian Consolidated Acts

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DIRECTOR OF PUBLIC PROSECUTIONS ACT 1991 - SECT 16

16 .         Recovery of penalties etc.; proceedings under Criminal Property Confiscation Act 2000

        (1)         Where the Director has conducted a prosecution or appeal and as a result of the proceedings a person becomes subject to a pecuniary penalty or forfeiture or other order, it is a function of the Director to take any further proceedings that may be required to recover the penalty or enforce the forfeiture or order.

        (2)         It is a function of the Director —

            (a)         to administer any scheme directed to the recovery or forfeiture of the proceeds of crime or of benefits arising from crime; and

            (b)         without limiting paragraph (a), to be the officer principally assisting the Minister to whom the administration of the Criminal Property Confiscation Act 2000 is committed in the administration of that Act.

        (3)         Without limiting subsection (1), except as otherwise explicitly provided in the Criminal Property Confiscation Act 2000 (in this subsection called the Confiscation Act ), it is a function of the Director to take any proceedings —

            (a)         that arise under the Confiscation Act; or

            (b)         that arise from proceedings under the Confiscation Act; or

            (c)         that are required to give effect to a freezing notice under the Confiscation Act; or

            (d)         that are required to give effect to an order of a court under the Confiscation Act or a declaration of a court under the Confiscation Act; or

            (e)         that are required to locate or recover any property as defined in the Confiscation Act that is subject to a freezing notice under the Confiscation Act or a freezing order under the Confiscation Act, or that has been confiscated under the Confiscation Act; or

            (f)         that are required to give effect to Part 10 of the Confiscation Act; or

            (g)         that for any other reason arise from the administration of the Confiscation Act or are required to give effect to the Confiscation Act.

        [Section 16 amended by No. 69 of 2000 s. 12(1) and (2).]



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