Western Australian Consolidated Acts Western Australian Consolidated Acts[s. 3]
In this
Act —
abscond , in connection with an offence, has the
meaning given in section 160;
account means any facility or arrangement through
which a financial institution accepts deposits or allows withdrawals and
includes a facility or arrangement for fixed term deposit and a safety deposit
box;
agent includes, if the agent is a corporation, an
officer of the corporation;
charge , in relation to an offence, has the
meaning given in section 158;
confiscable , in relation to property, has the
meaning given in section 142;
confiscable property declaration means a
declaration made under section 28;
confiscated , in relation to property, means
confiscated under section 6, 7 or 8;
confiscation offence has the meaning given
in section 141;
Confiscation Proceeds Account means the account
established under section 130;
conviction , in relation to a confiscation
offence, has the meaning given in section 157;
corporation means —
(a) a
financial institution; or
(b) a
corporation within the meaning of the Corporations Act 2001 of the
Commonwealth, other than an exempt body within the meaning of section 66A
of that Act;
corresponding law , in relation to the
Commonwealth, another State or a Territory, means a law of the Commonwealth,
State or Territory that is prescribed in the regulations as a law that
corresponds to this Act;
court means —
(a) in
relation to making an application under this Act — a court having
jurisdiction under section 101 to hear and determine the application; or
(b) in
relation to proceedings on an application under this Act — the
court in which the application was filed, or another court having
jurisdiction, whether under this Act or another enactment, in the proceedings;
or
(c) in
relation to a freezing notice — the court in which the notice was
filed; or
(d) in
relation to a declaration or order under this Act — the court that
made the declaration or order;
crime-derived , in relation to property, has the
definition given in section 148;
crime-used , in relation to property, has the
meaning given in section 146;
crime-used property substitution declaration means
a declaration under section 22;
criminal benefit has the definition given in
section 145;
criminal benefits declaration means a declaration
under section 16 or 17;
criminal use , in relation to a person and
property, has the meaning given in section 147;
deal , in relation to property, has the meaning
given in section 151;
declared drug trafficker has the meaning given in
section 159;
director , in relation to a financial institution
or a corporation, means —
(a) if
the institution or corporation is a body corporate incorporated for a public
purpose under a law of the Commonwealth or of a State or
Territory — a constituent member of the body corporate; or
(b) a
person occupying or acting in the position of director of the institution or
corporation, by whatever name called and whether or not validly appointed to
occupy or duly authorised to act in the position; or
(c) a
person in accordance with whose directions or instructions the directors of
the institution or corporation are accustomed to act;
dispose of , in relation to a charge,
means —
(a)
withdraw; or
(b)
dismiss; or
(c) file
a nolle prosequi in relation to the charge or discontinue the prosecution of
it;
document includes —
(a) any
publication and any matter written, expressed, or described, electronically or
otherwise, upon any substance by means of letters, figures or marks, or by
more than one of those means, which is intended to be used or may be used for
the purpose of recording that matter; and
(b) a
computer disk, computer or any other substance or equipment, whether
electronic or not, used to create or store any publication or matter referred
to in paragraph (a);
DPP means the holder of the office of Director of
Public Prosecutions created by section 4 of the Director of Public
Prosecutions Act 1991 ;
effective control , in relation to property, has
the definition given in section 156;
encumbrance , in relation to property, includes
any interest, mortgage, charge, right, claim or demand in respect of the
property;
examination means examination under an order under
section 58(1);
examination order means an order under
section 58(1);
executive officer , in relation to a financial
institution or a corporation, means any person, by whatever name called, and
whether or not he or she is a director of the institution or corporation, who
is concerned, or takes part, in the management of the institution or
corporation;
financial institution means —
(a) an
ADI within the meaning of section 5 of the Banking Act 1959 of the
Commonwealth; or
(b) the
Reserve Bank of Australia; or
(c) a
person who carries on State banking within the meaning of
section 51(xiii) of the Commonwealth Constitution; or
[(d) deleted]
((e) a registered
society within the meaning of the Co-operative and Provident Societies
Act 1903 , or a co-operative registered under the
Co-operatives Act 2009 that is permitted under that Act to accept money
on deposit; or
(f) a
financial corporation within the meaning of section 51(xx) of the
Constitution of the Commonwealth; or
(g) a
body corporate that would be a financial corporation within the meaning of
section 51(xx) of the Constitution of the Commonwealth if the body had
been incorporated in Australia;
freezing notice means a freezing notice issued
under section 34;
freezing order means an order under
section 43;
frozen , in relation to property and in relation
to a freezing notice or freezing order, means subject to the freezing notice
or the freezing order;
give , in relation to property, includes transfer
for consideration that is significantly less than the greater of —
(a) the
market value of the property at the time of transfer; and
(b) the
consideration paid by the transferee;
innocent party has the meaning given in
section 153;
instrument , in relation to a dealing with
registrable real property, means —
(a) a
memorial under this Act; or
(b) an
instrument as defined in the Transfer of Land Act 1893 ;
interested party , in relation to frozen property,
means a person who has an interest in the property that would enable the
person to succeed on an objection to the confiscation of the property;
interstate confiscation declaration means a
declaration or order (however described) that is made by or under a
corresponding law of another State or a Territory and that is prescribed by
the regulations for the purposes of this definition;
interstate confiscation offence means an offence
(including a common law offence) against a law in force in another State or a
Territory, being an offence in relation to which an interstate confiscation
declaration or an interstate criminal benefits declaration may be made under a
corresponding law of the State or Territory;
interstate criminal benefits declaration means a
declaration or order (however described) that is made by or under a
corresponding law of another State or a Territory and that is prescribed by
the regulations for the purposes of this definition;
interstate freezing order means a notice or order
(however described) that is made by or under a corresponding law of another
State or a Territory and that is prescribed by the regulations for the
purposes of this definition;
lawfully acquired , in relation to any property,
service, advantage or benefit, has the meaning given in section 149;
medical practitioner means a person registered
under the Health Practitioner Regulation National Law (Western Australia) in
the medical profession;
monitoring order means an order under
section 68(1);
objection means an objection filed under
section 79 to the confiscation of property;
officer , in relation to a corporation, means a
director, secretary, executive officer, employee or agent of the corporation;
owner , in relation to property, means a person
who has a legal or equitable interest in the property;
police officer , in relation to a function,
includes a person authorised to carry out the function under regulations made
under section 140(2)(f);
premises includes vessel, aircraft, vehicle,
structure, building and any land or place whether built on or not;
production order means an order under
section 63;
prohibited drug has the same meaning as in the
Misuse of Drugs Act 1981 ;
prohibited plant has the same meaning as in the
Misuse of Drugs Act 1981 ;
property means —
(a) real
or personal property of any description, wherever situated, whether tangible
or intangible; or
(b) a
legal or equitable interest in any property referred to in paragraph (a);
property-tracking document has the meaning given
in section 155;
recipient , in relation to a freezing notice or
freezing order, means a person on whom a copy of the notice or order is served
under section 36 or 46;
registered , in relation to an interstate freezing
order or an interstate confiscation declaration, means registered under
section 118;
registrable real property means property to which
the Transfer of Land Act 1893 applies;
registration , in relation to an instrument
relating to a dealing in registrable real property, has the same meaning as in
section 52 of the Transfer of Land Act 1893 ;
relevant confiscation offence , in relation to
confiscable property, means the confiscation offence or suspected confiscation
offence that is relevant to bringing the property within the scope of this
Act;
respondent means —
(a) in
relation to an application for an unexplained wealth declaration, a criminal
benefits declaration or a crime-used property substitution
declaration — the person against whom the declaration is sought; or
(b) in
relation to an unexplained wealth declaration, a criminal benefits declaration
or a crime-used property substitution declaration — the person
against whom the declaration is made;
restricted disclosure means a disclosure about a
matter of a kind referred to in a paragraph of section 70(1);
seized , in relation to property, means seized
under section 33(1);
service cut off date , in relation to frozen
property, has the meaning given in section 150;
sham transaction has the meaning given in
section 161;
State taxes , in relation to frozen property,
means any rates, land tax, local government or other statutory charges imposed
on the property under a law of this State;
suspension order means an order under
section 68(2);
transaction , in relation to an account with a
financial institution, includes —
(a) the
making of a fixed term deposit;
(b) the
transferring of the amount of a fixed term deposit, or any part of it, at the
end of the term;
unexplained wealth has the meaning given in
section 144;
unexplained wealth declaration means a declaration
under section 12;
valuable consideration , in relation to the
transfer of property, does not include —
(a) any
consideration for the transfer arising from the fact of a family relationship
between the transferor and transferee; or
(b) if
the transferor is the spouse or de facto partner of the
transferee — the making by the transferor of a deed in favour of
the transferee; or
(c) a
promise by the transferee to become the spouse or de facto partner of the
transferor; or
(d) any
consideration arising from the transferor’s love or affection for the
transferee; or
(e) the
transfer of the property as a result of the distribution of a deceased estate;
or
(f) the
transfer of the property by way of gift; or
(g)
consideration that is significantly less than the greater of —
(i)
the market value of the property at the time of transfer;
and
(ii)
the consideration paid by the transferee;
value , in relation to —
(a) a
person’s unexplained wealth — means the amount calculated in
accordance with section 13; and
(b) a
person’s wealth — has the meaning given in
section 144(2); and
(c) a
person’s lawfully acquired wealth — has the meaning given in
section 144(3); and
(d)
property sold by or for the State — has the meaning given in
section 152; and
(e) the
transfer of property — has the meaning given in section 154;
wealth has the meaning given in section 143.
[Glossary amended by No. 12 of 2001
s. 51; No. 20 of 2003 s. 19; No. 28 of 2003 s. 42;
No. 17 of 2005 s. 25; No. 2 of 2008 s. 61(3); No. 22 of
2008 Sch. 3 cl. 17; No. 24 of 2009 s. 508; No. 19 of
2010 s. 51; No. 35 of 2010 s. 60.]
