Commonwealth Numbered Acts

PROCEEDS OF CRIME ACT 1987

TABLE OF PROVISIONS

           Long Title

   1.      Short title  
   2.      Commencement  
   3.      Principal objects  
   4.      Interpretation  
   5.      Meaning of "conviction" etc. of offence  
   6.      Meaning of "absconding"  
   7.      Meaning of "serious offence"  
   8.      Related offences  
   9.      Meaning of "dealing with 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  
   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  
   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  
   23.     Registered foreign forfeiture 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  
   30.     Forfeiture of all restrained property if person convicted of serious offence  
   31.     Recovery of property to which section 30 applies  
   32.     Effect of quashing of conviction  
   33.     Person with interest in forfeited property may buy back the interest  
   34.     Buying out other interests in forfeited property  
   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  
   43.     Restraining orders  
   44.     Grounds for making restraining order  
   45.     Notice of application for restraining order  
   46.     Persons who may appear and adduce evidence  
   47.     Notice of restraining orders  
   48.     Court may make further orders  
   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  
   53.     Duties of Official Trustee  
   54.     Protection of Official Trustee from personal liability in certain cases  
   55.     Costs payable to Official Trustee  
   56.     Court may revoke restraining orders  
   57.     Time 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.     Registered foreign restraining orders-Official Trustee to discharge 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  
   66.     Production orders  
   67.     Variation of production order  
   68.     Failure to comply with production order  
   69.     Production orders in relation to foreign offences  
   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  
   73.     Monitoring orders  
   74.     Existence and operation of monitoring order not to be disclosed  
   75.     Monitoring orders in relation to foreign offences  
   76.     Interpretation  
   77.     Retention of records by financial institutions  
   78.     Register of original documents  
   79.     Communication of information by financial institutions to law enforcement agencies  
   80.     Protection for financial institution where information given pursuant to section 79  
   81.     Money laundering  
   82.     Possession etc. of property suspected of being proceeds of crime  
   83.     Organised fraud  
   84.     Prosecution of offences  
   85.     Conduct by directors, servants or agents  
   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  
   92.     Registration of interstate forfeiture orders  
   93.     Effect of registration  
   94.     Duration of registration  
   95.     Cancellation of registration  
   96.     Interim registration of facsimile copies  
   97.     Dealings with forfeited property  
   98.     State and Territory courts to have jurisdiction  
   99.     Standard of proof  
   100.    Appeals  
   101.    Costs  
   102.    Legal assistance  
   103.    Operation of other laws not affected  
   104.    Regulations