Western Australian Consolidated Acts Western Australian Consolidated Acts
TABLE OF PROVISIONS
Long Title
PART 1 -- Preliminary
1. Short title
2. Commencement
3. Terms used (Glossary)
4. Confiscable property, what is
5. Application of Act to confiscable property
PART 2 -- Confiscation of property
6. When property is confiscated
7. When frozen property is confiscated automatically
8. Declared drug trafficker, certain property of confiscated
9. Registrable real property, time and effect of confiscation of under s. 6, 7 or
10. Other property, time and effect of confiscation of under s. 6, 7 or
PART 3 -- Identifying and recovering confiscable property
Division 1 -- Unexplained wealth
11. Unexplained wealth declarations, applying for
12. Unexplained wealth declarations, making
13. Unexplained wealth, assessing value of
14. Unexplained wealth declaration, effect of
Division 2 -- Criminal benefits
15. Criminal benefits declarations, applying for
16. Criminal benefits declarations for crime-derived property, making
17. Criminal benefits declarations for unlawfully acquired property, making
18. Criminal benefits declarations, limits on making and ancillary orders for
19. Criminal benefits, assessing value of
20. Criminal benefits declaration, effect of
Division 3 -- Crime-used property substitution
21. Crime-used property substitution declaration, applying for
22. Crime-used property substitution declarations, making
23. Crime-used property, assessing value of
24. Crime-used property substitution declaration, effect of
Division 4 -- Recovery of confiscable property
25. Amounts payable under s. 14, 20 and 24, when payable and recovery of
26. Frozen property, use of to meet liability under s. 14, 20 or
27. Confiscable property declarations, applying for
28. Confiscable property declarations, making
29. Property available to meet liability under s. 14, 20 or
30. Declarations of confiscation, applying for and making
31. Declaration under s. 30, DPP’s duties to lodge memorial of etc.
32. Varying declarations
PART 4 -- Preventing dealings in confiscable property
Division 1 -- Seizure of crime-used and crime-derived property
33. Property, powers to seize etc.
Division 2 -- Freezing notices for crime-used and crime-derived property
34. Freezing notices, application for and issue of
35. Freezing notices, contents of
36. Freezing notices, service, notice and filing of
37. Person served with freezing notice to declare any other interested party
38. Freezing notices for registrable real property, duration of and notices about
39. Freezing notices for other property, duration of and notices about
40. Freezing notices, cancelling etc.
Division 3 -- Freezing orders for confiscable property
41. Freezing orders, applying for
42. Proceedings for freezing orders, court’s powers in
43. Freezing orders, making
44. Freezing orders, court’s duties when considering applications for
45. Freezing orders, court’s powers when making
46. Freezing orders, service and notice of
47. Person served with freezing order to declare any other interested party
48. Freezing orders for registrable real property, duration of and notices about
49. Freezing orders for other property, duration of and notices about
Division 4 -- Dealing with seized or frozen property
50. Prohibited dealings
51. Effect of prohibited dealings in frozen property
52. Permitted dealings in mortgaged property
PART 5 -- Investigation and search
Division 1 -- Preliminary inquiries
53. Financial institutions may volunteer information
54. Financial institutions may be required to give information
55. Financial institution giving information under s. 53 or 54, protection for
56. Financial institution giving false or misleading information under s. 53 or 54, offence
Division 2 -- Examinations
57. Examination of person, applying for order for
58. Examination orders, court’s powers when making
59. Examination orders, service of
60. Examinations, conduct of and representation at
61. Examination orders, contravening and admissibility of information given under
Division 3 -- Production of documents
62. Production orders, applying for
63. Production orders, making
64. Property-tracking documents, inspection etc. of
65. Production orders, contravening and admissibility of information given under
66. Production orders, varying
Division 4 -- Monitoring financial transactions
67. Monitoring orders and suspension orders, applying for
68. Monitoring orders and suspension orders, making
69. Contravening monitoring order or suspension order, offence
Division 5 -- Secrecy requirements
70. Disclosure of certain information restricted, offence
71. Who restricted disclosures may be made to
72. Disclosure to court
Division 6 -- Detention, search and seizure
73. Confiscable property etc., powers to search etc. people for
74. Search warrants
75. Search of person under s. 73 or 74, who may perform
76. Additional powers for powers under s. 73 and 74
77. Warrant under s. 74 extends to documents produced later
78. Other laws on search warrants not affected
PART 6 -- Objections to confiscation
79. Confiscation of frozen property, objecting to
80. Objection proceedings, State is party to
81. On objection, court may release frozen property under s. 82, 83 or 84
82. Crime-used property, release of
83. Crime-derived property, release of
84. Other frozen property, release of
85. Confiscated property, applying for release of
86. Application under s. 85, State is party to
87. Confiscated property, release of
PART 7 -- Management of seized, frozen and confiscated property
Division 1 -- Control and management of property
88. Seized property, control etc. of
89. Frozen and confiscated property, control etc. of
90. Disposal of property, DPP’s powers as to contracts for etc.
91. Control etc. of frozen property by owner, court may order
92. Person controlling etc. property, duties of
Division 2 -- Disposal of deteriorating or undesirable property
93. Destruction of seized etc. property on grounds of public interest, court may order
94. Deteriorating frozen property, sale of
95. Frozen property, valuation and inventory of
Division 3 -- Management of property by Public Trustee
96. Public Trustee may appoint person to control etc. property
97. Taxes etc. on frozen property, Public Trustee’s liability for
98. Interstate property, management of
99. Public Trustee entitled to fees for controlling etc. frozen or confiscated property
100. Obstructing Public Trustee, offence
PART 8 -- Court jurisdiction and evidentiary matters
101. Courts’ jurisdiction for this Act
102. Proceedings, general provisions about
103. Attorney General entitled to appear in proceedings
104. Stays of proceedings
105. Opinion evidence of some people admissible
106. Findings that property is crime-used or crime-derived, making
107. Evidence as to confiscation offence may be used in confiscation proceedings
108. Examination orders, admissibility of transcript of proceedings under
109. Hearsay evidence etc., use of
110. Production orders, admissibility of documents produced etc.
111. Misuse of Drugs Act 1981 s. 38(2), effect of certificate under
112. Enforcing compliance with Act or court order
PART 9 -- Interests in registrable property
113. Memorials for land titles, Registrar of Titles’ functions as to and effect of
114. Registrars under Acts other than Transfer of Land Act 1893, duty of
115. Knowledge that property is frozen, imputation of
116. Documents lodged with the Registrar of Titles, form of
PART 10 -- Mutual recognition of freezing orders and confiscation of property
Division 1 -- Registration of WA orders in other jurisdictions
117. Freezing notices and orders, content of for interstate registration and effect of interstate
Division 2 -- Recognition of orders of other jurisdictions
118. Interstate orders, registration of
119. Registered interstate freezing orders, effect of
120. Registered interstate confiscation declarations, effect of
121. Registered interstate freezing orders etc., duration of
122. Registered interstate freezing orders etc., cancelling
Division 3 -- Charges on interstate property
123. Creation of charge
124. Cessation of charge
125. Priority of charge
126. Charge on land, registration of memorial of
127. Charge on property other than land, registration of
PART 11 -- Miscellaneous
128. Act binds States, Territories and Commonwealth
129. Property protected from seizure and confiscation
130. Confiscation Proceeds Account, creation and administration of
131. Confiscation Proceeds Account, funds and purposes of
132. Obstructing police officers, offence
133. Subsequent applications, notices, orders etc. not prevented
134. Delegation by DPP
135. Sham transactions, orders as to
136. Offences by body corporate, liability of officers of in case of etc.
137. Protection from personal liability
138. Death of owner, effect of
139. Legal professional privilege withdrawn
140. Regulations
PART 12 -- Interpretation
141. Term used: confiscation offence
142. Term used: confiscable
143. Term used: wealth
144. Term used: unexplained wealth
145. Term used: criminal benefit
146. Term used: crime-used
147. Term used: criminal use
148. Term used: crime-derived
149. Term used: lawfully acquired
150. Term used: service cut off date
151. Term used: deal (in relation to property)
152. Term used: value (in relation to property sold by or for the State)
153. Term used: innocent party
154. Term used: value (in relation to transfer of property)
155. Term used: property-tracking document
156. Term used: effective control (in relation to property)
157. Term used: conviction (in relation to confiscation offence)
158. Term used: charge (in relation to an offence)
159. Term used: declared drug trafficker
160. Term used: abscond (in relation to an offence)
161. Term used: sham transaction
Glossary
1. Terms used
[Reprinted under the Reprints Act 1984 as at 4 May 2012]
GLOSSARY
Compilation table
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