CRIMINAL PROPERTY CONFISCATION ACT 2000

Western Australian Current Acts

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CRIMINAL PROPERTY CONFISCATION ACT 2000

TABLE OF PROVISIONS

Long Title

PART 1 -- Preliminary

1. Short title
2. Commencement
3. Terms used (Glossary)
4. What is confiscable property
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 24
27. Confiscable property declarations, applying for
28. Confiscable property declarations, making
29. Property available to meet liability under s. 14, 20 or 24
30. Declarations of confiscation, applying for and making
31. Applicant’s duty to lodge memorial of confiscation
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. Court and CCC powers when making examination order
59. Examination orders, service of
60. Examinations, conduct of and representation at
60A. Examination by CCC
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
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
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. Capacity of DPP or CCC to carry out transactions
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 or authorised CCC officers
133. Subsequent applications, notices, orders etc. not prevented
134. Delegation by DPP
134A. CCC’s power to delegate
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
140A. Review of 2018 amendments to Act

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
Other notes
Defined terms
GLOSSARY

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