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PROCEEDS OF CRIME ACT 1987 - List of Sections

Section

Compilation Information

Long Title

PROCEEDS OF CRIME ACT 1987
Part I—Preliminary

1. Short title [ see Note 1]
2. Commencement [ see Note 1]
3. Principal objects
4. Interpretation
5. Meaning of conviction etc. of offence
6. Meaning of absconding
7. Meaning of public fraud offence and serious offence
8. Related offences
9. Meaning of dealing with property
9A. Effective control of 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
13A. Application of the Criminal Code
PROCEEDS OF CRIME ACT 1987
Part II—Confiscation

PROCEEDS OF CRIME ACT 1987
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
PROCEEDS OF CRIME ACT 1987
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
PROCEEDS OF CRIME ACT 1987
Division 2A—Registered foreign and international forfeiture
orders


23. Registered foreign and international forfeiture orders
23A. Effect on third parties of registration of foreign or international forfeiture order
PROCEEDS OF CRIME ACT 1987
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
PROCEEDS OF CRIME ACT 1987
Division 4—Forfeiture in case of serious offence


30. Forfeiture of all restrained property if person convicted of serious offence
30A. Extension of waiting period
31. Recovery of property to which section 30 applies
32. Effect of quashing of conviction
PROCEEDS OF CRIME ACT 1987
Division 5—Miscellaneous


33. Person with interest in forfeited property may buy back the interest
34. Buying out other interests in forfeited property
PROCEEDS OF CRIME ACT 1987
Part IIA—Confiscated Assets Special Account

34A. Confiscated Assets Special Account
34B. Credits to Confiscated Assets Special Account
34C. Debits from the Confiscated Assets Special Account
34D. Debiting balance of distributable funds standing to the credit of Confiscated Assets Special Account
34E. Determinations by Official Trustee about suspended and distributable funds
PROCEEDS OF CRIME ACT 1987
Part III—Control of property liable to confiscation

PROCEEDS OF CRIME ACT 1987
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
PROCEEDS OF CRIME ACT 1987
Division 2—Restraining orders


43. Restraining orders
44. Grounds for making restraining order
45. Notice of application for restraining order
45A. Extension of certain restraining orders
46. Persons who may appear and adduce evidence
47. Notice of restraining orders
48. Court may make further orders
48A. Order for taxation of legal expenses to be met out of restrained property
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
54. Protection of Official Trustee from personal liability in certain cases
55. Costs etc. payable to Official Trustee
56. Court may revoke restraining orders
57. 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
63. Discharge of certain 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
PROCEEDS OF CRIME ACT 1987
Part IV—Information gathering powers

PROCEEDS OF CRIME ACT 1987
Division 1—Production orders


66. Production orders
67. Variation of production orders
68. Failure to comply with production order
69. Production orders in relation to foreign offences
PROCEEDS OF CRIME ACT 1987
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
PROCEEDS OF CRIME ACT 1987
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
PROCEEDS OF CRIME ACT 1987
Part V—Offences

PROCEEDS OF CRIME ACT 1987
Division 3—Miscellaneous


84. Prosecution of offences
85. Conduct by directors, servants or agents
PROCEEDS OF CRIME ACT 1987
Part VI—Enforcement of State orders in Territories

PROCEEDS OF CRIME ACT 1987
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
PROCEEDS OF CRIME ACT 1987
Division 2—Interstate forfeiture orders


92. Registration of interstate forfeiture orders
93. Effect of registration
94. Duration of registration
95. Cancellation of registration
PROCEEDS OF CRIME ACT 1987
Division 3—Miscellaneous


96. Interim registration of facsimile copies
PROCEEDS OF CRIME ACT 1987
Part VII—Miscellaneous

96A. Organised fraud orders
97. Dealings with forfeited property
98. State and Territory courts to have jurisdiction
99. Standard of proof
100. Appeals
101. Costs
102. Legal assistance
102A. Indemnification of Official Trustee
103. Operation of other laws not affected
104. Regulations
PROCEEDS OF CRIME ACT 1987
Notes to the Proceeds of Crime Act 1987

Table A

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