Skip to main
Australian Government
Federal Register of Legislation
Site navigation
Help and resources
Register
for My Account
Sign in
to My Account
Search
Home
Constitution
Acts
Legislative instruments
Notifiable instruments
Gazettes
Administrative Arrangements
Prerogative instruments
Norfolk Island
Home
Acts
In force
Text
Details
Authorises
Downloads
All versions
Interactions
Proceeds of Crime Act 2002
No. 85, 2002
In force
Administered by
Department of Home Affairs
Latest version
View as made version
Order print copy
Save this title to My Account
Set up an alert
C2026C00438 C62
23 September 2026
Legislation text
View document
Select value
Act
Filter active
Table of contents
Enter text to search the table of contents
Collapse
Chapter 1—Introduction
Collapse
Part 1-1—Preliminary
1 Short title
2 Commencement
3 Identifying defined terms
4 Application of the Criminal Code
Collapse
Part 1-2—Objects
5 Principal objects
Collapse
Part 1-3—Outline of this Act
6 General
7 The confiscation scheme (Chapter 2)
8 Information gathering (Chapter 3)
9 Administration (Chapter 4)
10 Miscellaneous (Chapter 5)
11 Interpreting this Act (Chapter 6)
Collapse
Part 1-4—Application
Collapse
Division 1—General
12 Act to bind Crown
13 Act to apply both within and outside Australia
14 Application
14A Concurrent operation of State and Territory laws
Collapse
Division 2—The national unexplained wealth provisions
Collapse
Subdivision A—General
14B Constitutional basis of the national unexplained wealth provisions
14C What is a participating State?
14D Meaning of unexplained wealth
14E Meaning of information gathering
14F When a non-participating State is a cooperating State
Collapse
Subdivision B—Rollback of particular express amendments
14G Effect of rollback by participating States on unexplained wealth proceedings
14H Effect of rollback by self-governing Territories on unexplained wealth proceedings
14J Effect of rollback by participating States on action taken under State reference information gathering provisions
14K Effect of rollback by self-governing Territories on action taken under State reference information gathering provisions
Collapse
Subdivision C—Interaction of the national unexplained wealth provisions and orders with State and Territory laws and orders
14L Concurrent operation of State and Territory laws with national unexplained wealth provisions
Collapse
Subdivision D—Other matters
14M Information gathering by participating States and self-governing Territories
14N Transitional, application and saving provisions relating to the national cooperative scheme on unexplained wealth
Collapse
Chapter 2—The confiscation scheme
Collapse
Part 2-1A—Freezing orders
15A Simplified outline of this Part
Collapse
Division 1—Making freezing orders
15B Making freezing orders
Collapse
Division 2—How freezing orders are obtained
15C Affidavit supporting application made in person
15D Applying for freezing orders by telephone or other electronic means
15E Making order by telephone etc.
15F Unsigned freezing orders in court proceedings
15FA Prohibition of publication of evidence—proceedings for freezing orders
15G Offence for making false statements in applications
15H Offences relating to orders made under section 15E
Collapse
Division 3—Giving effect to freezing orders
15J Giving freezing order etc. to financial institution and account-holder
15K Freezing order does not prevent withdrawals or transactions to enable financial institution to meet its liabilities
15L Offence for contravening freezing orders
15M Protection from suits etc. for those complying with orders
Collapse
Division 4—Duration of freezing orders
15N When a freezing order is in force
15P Order extending a freezing order
Collapse
Division 5—Varying scope of freezing orders
15Q Magistrate may vary freezing order to allow withdrawals or transactions to meet reasonable expenses
Collapse
Division 6—Revoking freezing orders
15R Application to revoke a freezing order
15S Notice of revocation of a freezing order
Collapse
Part 2-1—Restraining orders
16 Simplified outline of this Part
Collapse
Division 1—Making restraining orders
17 Restraining orders—people convicted of or charged with indictable offences
18 Restraining orders—people suspected of committing serious offences
19 Restraining orders—property suspected of being proceeds of indictable offences etc.
20 Restraining orders—people suspected of deriving literary proceeds from indictable offences etc.
20A Restraining orders—unexplained wealth
21 Refusal to make an order for failure to give undertaking
22 Restraining orders must only relate to one suspect
23 Conditions on restraining orders
24 Allowance for expenses
24A Excluding property from or revoking restraining orders in certain cases when expenses are not allowed
Collapse
Division 2—How restraining orders are obtained
25 Proceeds of crime authority may apply for a restraining order
26 Notice of application
27 Proceeds of crime authority may choose under which section it applies for a restraining order
28 Prejudice to investigations
28A Prohibition of publication etc.—proceedings for restraining orders
Collapse
Division 3—Excluding property from restraining orders
29 Excluding property from certain restraining orders
29A Excluding property from a restraining order made under section 20A
30 Application to exclude property from a restraining order before restraining order has been made
31 Application to exclude property from a restraining order after restraining order has been made
32 Application not to be heard unless responsible authority has had reasonable opportunity to conduct an examination
Collapse
Division 4—Giving effect to restraining orders
33 Notice of a restraining order
34 Registering restraining orders
35 Notifying registration authorities of exclusions from or variations to restraining orders
36 Court may set aside a disposition contravening a restraining order
37 Contravening restraining orders
Collapse
Division 5—Further orders
38 Court may order Official Trustee to take custody and control of property
39 Ancillary orders
39A Privilege against self incrimination etc. does not apply
39B Application to revoke ancillary order
40 Contravening ancillary orders relating to foreign property
Collapse
Division 6—Duration of restraining orders
41 When a restraining order is in force
42 Application to revoke a restraining order
43 Notice of revocation of a restraining order
44 Giving security etc. to revoke etc. a restraining order
45 Cessation of certain restraining orders
45A Cessation of restraining orders relating to unexplained wealth
Collapse
Part 2-2—Forfeiture orders
46 Simplified outline of this Part
Collapse
Division 1—Making forfeiture orders
47 Forfeiture orders—conduct constituting serious offences
48 Forfeiture orders—convictions for indictable offences
49 Forfeiture orders—property suspected of being proceeds of indictable offences etc.
50 Existence of other confiscation orders
51 Acquittals do not affect forfeiture orders under section 47 or 49
52 Making of forfeiture order if person has absconded
Collapse
Division 2—Other relevant matters when a court is considering whether to make forfeiture orders
54 Presumption in certain cases that property is an instrument of an offence
55 Forfeiture orders can extend to other interests in property
56 Forfeiture orders must specify the value of forfeited property
57 Court may make orders relating to buying back forfeited property
57A Applying for an order under section 57
58 The court may also make supporting directions
Collapse
Division 3—How forfeiture orders are obtained
59 Proceeds of crime authority may apply for a forfeiture order
60 Additional application for a forfeiture order
61 Notice of application
62 Amending an application
63 Court may dispense with notice requirements if person has absconded
64 Procedure on application
65 Applications to courts before which persons are convicted
65A When an application can be heard
Collapse
Division 4—Effect of forfeiture orders
66 What property is forfeited and when—general rule
67 First exception—registrable property
68 Second exception—if a joint owner dies before the order was made
68A Third exception—property located outside Australia
69 When can the Commonwealth begin dealing with forfeited property?
70 How must the Commonwealth deal with forfeited property?
71 Dealings with forfeited property
Collapse
Division 4A—Controlled property
71A Official Trustee may take custody and control of forfeited property
Collapse
Division 5—Reducing the effect of forfeiture orders
Collapse
Subdivision A—Relieving hardship
72 Relieving certain dependants from hardship
Collapse
Subdivision B—Excluding property from a forfeiture order
73 Making exclusion orders
74 Applying for exclusion orders
75 Giving notice of matters relevant to an application
76 When an application can be heard
Collapse
Subdivision C—Compensating for proportion of property not derived or realised from commission of any offence
77 Making compensation orders
78 Application for compensation orders
79 Giving notice of matters relevant to an application
79A When an application can be heard
Collapse
Division 6—The effect on forfeiture orders of acquittals and quashing of convictions
80 Forfeiture order made under section 47 or 49 unaffected by acquittal or quashing of conviction
81 Discharge of forfeiture order made under section 48 on quashing of conviction
82 Notice of application for confirmation of forfeiture order
83 Procedure on application for confirmation of forfeiture order
84 Court may confirm forfeiture order
85 Effect of court’s decision on confirmation of forfeiture order
86 Official Trustee must not deal with forfeited property before the court decides on confirmation of forfeiture order
Collapse
Division 7—Miscellaneous
87 Giving notice if a forfeiture order is discharged on appeal or by quashing of a conviction
88 Returning property etc. following the discharge of a forfeiture order
89 Person with interest in forfeited property may buy back the interest
90 Buying out other interests in forfeited property
Collapse
Part 2-3—Forfeiture on conviction of a serious offence
91 Simplified outline of this Part
Collapse
Division 1—Forfeiture on conviction of a serious offence
92 Forfeiting restrained property without a forfeiture order if a person has been convicted of a serious offence
92A Notice of date of forfeiture under this Part, etc.
93 Making an extension order extending the period before property is forfeited
94 Excluding property from forfeiture under this Part
94A Compensating for proportion of property not derived or realised from commission of any offence
95 Court may declare that property has been forfeited under this Part
Collapse
Division 2—Effect of forfeiture on conviction of a serious offence
96 When is property forfeited—general rule
97 First exception—registrable property
98 Second exception—if a joint owner dies
98A Third exception—property located outside Australia
99 When can the Commonwealth begin dealing with forfeited property?
100 How must forfeited property be dealt with?
101 Minister may give supporting directions
Collapse
Division 2A—Controlled property
101A Official Trustee may take custody and control of forfeited property
Collapse
Division 3—Recovery of forfeited property
102 Court may make orders relating to transfer of forfeited property etc.
103 Court may make orders relating to buying back forfeited property
104 Applying for an order under section 102
104A Applying for an order under section 103
105 Person with interest in forfeited property may buy back the interest
106 Buying out other interests in forfeited property
Collapse
Division 4—The effect on forfeiture of convictions being quashed
107 The effect on forfeiture of convictions being quashed
108 Notice of application for confirmation of forfeiture
109 Procedure on application for confirmation of forfeiture
110 Court may confirm forfeiture
111 Effect of court’s decision on confirmation of forfeiture
112 Official Trustee must not deal with forfeited property before the court decides on confirmation of forfeiture
113 Giving notice if forfeiture ceases to have effect on quashing of a conviction
114 Returning property etc. following forfeiture ceasing to have effect
Collapse
Part 2-4—Pecuniary penalty orders
115 Simplified outline of this Part
Collapse
Division 1—Making pecuniary penalty orders
116 Making pecuniary penalty orders
117 Pecuniary penalty orders made in relation to serious offence convictions
118 Making of pecuniary penalty order if person has absconded
119 Ancillary orders
120 Acquittals do not affect pecuniary penalty orders
Collapse
Division 2—Penalty amounts
Collapse
Subdivision A—General
121 Determining penalty amounts
Collapse
Subdivision B—The value of benefits derived from the commission of an offence
122 Evidence the court is to consider
123 Value of benefits derived—non-serious offences
124 Value of benefits derived—serious offences
125 Value of benefits may be as at time of assessment
126 Matters that do not reduce the value of benefits
127 Benefits already the subject of pecuniary penalty
128 Property under a person’s effective control
129 Effect of property vesting in an insolvency trustee
Collapse
Subdivision C—Reducing penalty amounts
130 Reducing penalty amounts to take account of forfeiture and proposed forfeiture
131 Reducing penalty amounts to take account of tax paid
132 Reducing penalty amounts to take account of fines etc.
Collapse
Subdivision D—Varying pecuniary penalty orders to increase penalty amounts
133 Varying pecuniary penalty orders to increase penalty amounts
Collapse
Division 3—How pecuniary penalty orders are obtained
134 Proceeds of crime authority may apply for a pecuniary penalty order
135 Additional application for a pecuniary penalty order
136 Notice of application
137 Amendment of application
138 Procedure on application
139 Applications to courts before which persons are convicted
139A When an application can be heard
Collapse
Division 4—Enforcement of pecuniary penalty orders
140 Enforcement of pecuniary penalty orders
141 Property subject to a person’s effective control
142 Charge on property subject to restraining order
143 Charges may be registered
144 Penalty amounts exceeding the court’s jurisdiction
Collapse
Division 5—The effect on pecuniary penalty orders of convictions being quashed
145 Pecuniary penalty order unaffected if not made in relation to a conviction
146 Discharge of pecuniary penalty order if made in relation to a conviction
147 Notice of application for confirmation or variation of pecuniary penalty order
148 Procedure on application for confirmation or variation of pecuniary penalty order
149 Court may confirm pecuniary penalty order
149A Court may vary pecuniary penalty order
150 Effect of court’s decision on confirmation or variation of pecuniary penalty order
Collapse
Part 2-5—Literary proceeds orders
151 Simplified outline of this Part
Collapse
Division 1—Making literary proceeds orders
152 Making literary proceeds orders
153 Meaning of literary proceeds
154 Matters taken into account in deciding whether to make literary proceeds orders
155 Additional literary proceeds orders
156 Ancillary orders
157 Acquittals do not affect literary proceeds orders
Collapse
Division 2—Literary proceeds amounts
158 Determining literary proceeds amounts
159 Deductions from literary proceeds amounts
160 Reducing literary proceeds amounts to take account of tax paid
161 Varying literary proceeds orders to increase literary proceeds amounts
Collapse
Division 3—How literary proceeds orders are obtained
162 Proceeds of crime authority may apply for a literary proceeds order
163 Notice of application
164 Amendment of application
165 Procedure on application
166 Applications to courts before which persons are convicted
166A When an application can be heard
Collapse
Division 4—Enforcement of literary proceeds orders
167 Enforcement of literary proceeds orders
168 Property subject to a person’s effective control
169 Charge on property subject to restraining order
170 Charges may be registered
171 Literary proceeds amounts exceeding the court’s jurisdiction
Collapse
Division 5—The effect on literary proceeds orders of convictions being quashed
172 Literary proceeds order unaffected if not made in relation to a conviction
173 Discharge of literary proceeds order if made in relation to a conviction
174 Notice of application for confirmation of literary proceeds order
175 Procedure on application for confirmation of literary proceeds order
176 Court may confirm literary proceeds order
177 Effect of court’s decision on confirmation of literary proceeds order
Collapse
Division 6—Literary proceeds orders covering future literary proceeds
178 Literary proceeds orders can cover future literary proceeds
179 Enforcement of literary proceeds orders in relation to future literary proceeds
Collapse
Part 2-6—Unexplained wealth orders
179A Simplified outline of this Part
Collapse
Division 1—Making unexplained wealth orders
179E Making an unexplained wealth order
179EA Refusal to make an order for failure to give undertaking
179EB Costs
179F Ancillary orders
Collapse
Division 2—Unexplained wealth amounts
179G Determining unexplained wealth amounts
179H Effect of property vesting in an insolvency trustee
179J Reducing unexplained wealth amounts to take account of forfeiture, pecuniary penalties etc.
179K Varying unexplained wealth orders to increase amounts
179L Relieving certain dependants from hardship
Collapse
Division 3—How unexplained wealth orders are obtained
179M Proceeds of crime authority may apply for an unexplained wealth order
179N Notice of application
179P Additional application for an unexplained wealth order
179Q Procedure on application and other notice requirements
179QA When an application can be heard
Collapse
Division 4—Enforcement of unexplained wealth orders
179R Enforcement of an unexplained wealth order
179S Property subject to a person’s effective control
179SA Charge on property subject to restraining order
179SB Charges may be registered
179T Amounts exceeding the court’s jurisdiction
Collapse
Division 5—Oversight
179U Parliamentary supervision
Collapse
Chapter 3—Information gathering
Collapse
Part 3-1—Examinations
Collapse
Division 1—Examination orders
180 Examination orders relating to restraining orders
180AA Examination orders relating to applications for exclusion of property from restraining orders that have been applied for but not yet made
180AB Examination orders relating to applications for confiscation orders
180A Examination orders relating to applications for exclusion from forfeiture
180B Examination orders relating to applications for compensation
180C Examination orders relating to applications under section 102
180D Examination orders relating to enforcement of confiscation orders
180E Examination orders relating to restraining orders revoked under section 44
181 Examination orders relating to applications relating to quashing of convictions
181A Examination orders relating to applications under section 57A
181B Examination orders relating to applications under section 104A
182 Applications for examination orders
Collapse
Division 2—Examination notices
183 Examination notices
184 Additional examination notices
185 Form and content of examination notices
Collapse
Division 3—Conducting examinations
186 Time and place of examination
187 Requirements made of person examined
188 Examination to take place in private
189 Role of the examinee’s lawyer
190 Examination by video link or telephone
191 Record of examination
192 Questions of law
193 Approved examiner may restrict publication of certain material
194 Protection of approved examiner etc.
Collapse
Division 4—Offences
195 Failing to attend an examination
196 Offences relating to appearance at an examination
197 Privileged information
197A Giving false or misleading answers or documents
198 Admissibility of answers and documents
199 Unauthorised presence at an examination
200 Breaching conditions on which records of statements are provided
201 Breaching directions preventing or restricting publication
Collapse
Part 3-2—Production orders
202 Making production orders
203 Contents of production orders
204 Powers under production orders
205 Retaining produced documents
206 Privilege against self-incrimination etc. does not apply
207 Varying production orders
208 Jurisdiction of magistrates
209 Making false statements in applications
210 Disclosing existence or nature of production orders
211 Failing to comply with a production order
212 Destroying etc. a document subject to a production order
Collapse
Part 3-3—Notices to financial institutions
213 Giving notices to financial institutions
214 Contents of notices to financial institutions
215 Protection from suits etc. for those complying with notices
216 Making false statements in notices
217 Disclosing existence or nature of notice
218 Failing to comply with a notice
Collapse
Part 3-4—Monitoring orders
219 Making monitoring orders
220 Contents of monitoring orders
221 Protection from suits etc. for those complying with orders
222 Making false statements in applications
223 Disclosing existence or operation of monitoring order
224 Failing to comply with monitoring order
Collapse
Part 3-5—Search and seizure
Collapse
Division 1—Search warrants
Collapse
Subdivision A—Issuing search warrants
225 Issuing a search warrant
226 Additional contents of the information
227 Contents of warrants
228 The things authorised by a search warrant—general
228AA The things authorised by a search warrant—electronic devices, account-based data, etc.
228A The things authorised by a search warrant—additional things for digital assets
Collapse
Subdivision B—Applying for search warrants by telephone or other electronic means
229 Applying for search warrants by telephone or other electronic means
230 Issuing warrants by telephone etc.
231 Unsigned telephone warrants in court proceedings
232 Offence for stating incorrect names in telephone warrants
233 Offence for unauthorised form of warrant
234 Offence for execution etc. of unauthorised form of warrant
235 Offence for giving unexecuted form of warrant
Collapse
Subdivision C—Executing search warrants
236 Warrants that must be executed only during particular hours
237 Restrictions on personal searches
238 Availability of assistance and use of force in executing a warrant
239 Announcement before entry
240 Details of warrant to be given
241 Occupier entitled to be present during search
242 Specific powers available to officers executing warrant
243 Use of equipment to examine or process things under search warrant relating to premises
244 Moving things to another place for examination or processing
244A Use of electronic equipment to examine or process things
245 Use of electronic equipment under search warrant relating to premises
245A Use of electronic equipment at other place
246 Person with knowledge of a computer or a computer system to assist access etc.
247 Securing electronic equipment at premises to which a search warrant relates
248 Compensation for damage to electronic equipment
249 Copies of things seized under search warrant relating to premises to be provided
250 Providing documents after execution of a search warrant relating to premises of financial institution
250A Enforcement agency to remove and destroy data copied or seized
Collapse
Subdivision D—General
250B Account-based data
Collapse
Division 2—Stopping and searching conveyances
251 Searches without warrant in emergency situations
252 How an authorised officer exercises a power under section 251
Collapse
Division 3—Dealing with things seized
Collapse
Subdivision A—General requirements
253 Receipts for things seized under warrant
254 Responsibility for things seized
255 Effect of obtaining forfeiture orders
255A Operating seized or moved electronic equipment
Collapse
Subdivision B—Things seized as evidence
256 Returning seized things
257 Authorised officer may apply for a thing to be retained for a further period
258 Magistrate may order that the thing be retained
Collapse
Subdivision C—Things seized on other grounds
259 Return of seized property to third parties
260 Return of seized property if applications are not made for restraining orders or forfeiture orders
261 Effect of obtaining restraining orders
262 Effect of refusing applications for restraining orders or forfeiture orders
Collapse
Division 4—General
263 Application of Part
264 Law relating to legal professional privilege not affected
265 Jurisdiction of magistrates
266 Offence for making false statements in applications
Collapse
Part 3-6—Disclosure of information
266A Disclosure
Collapse
Chapter 4—Administration
Collapse
Part 4-1—Powers and duties of the Official Trustee
Collapse
Division 1—Preliminary
267 Property to which the Official Trustee’s powers and duties under this Part apply
267AA Additional property to which the Official Trustee’s powers under Division 2 apply
267AB Additional property to which the Official Trustee’s powers under Division 3 apply
267A Additional property to which the Official Trustee’s powers and duties under Division 3 apply
Collapse
Division 2—Obtaining information about controlled property
268 Access to books
269 Suspect to assist Official Trustee
270 Power to obtain information and evidence
271 Privilege against self-incrimination
272 Offences relating to exercise of powers under section 268 or 269
273 Failure to provide information
274 Failure of person to attend
275 Refusal to be sworn or give evidence etc.
275A Failure to produce a book
Collapse
Division 3—Dealings relating to controlled property
276 Preserving controlled property
277 Rights attaching to shares
278 Destroying or disposing of property
279 Notice of proposed destruction or disposal etc.
280 Procedure if person objects to proposed destruction or disposal
281 Proceeds from sale of property
281A Official Trustee does not acquire any additional proprietary interests in controlled property
Collapse
Division 4—Discharging pecuniary penalty orders and literary proceeds orders
282 Direction by a court to the Official Trustee in relation to certain restraining orders
282A Direction by a court to the Official Trustee in relation to unexplained wealth orders
283 Court may include further directions etc.
284 Official Trustee to carry out directions
285 Official Trustee not to carry out directions during appeal periods
286 Discharge of pecuniary penalty orders and literary proceeds orders by credits to the Confiscated Assets Account
Collapse
Division 5—Miscellaneous
287 Money not to be paid into the Common Investment Fund
288 Official Trustee’s costs etc.
289 Income generated from controlled property
290 Official Trustee is not personally liable
291 Indemnification of Official Trustee
Collapse
Part 4-2—Legal assistance
293 Payments to legal aid commissions for representing suspects and other persons
294 Disclosure of information to legal aid commissions
Collapse
Part 4-3—Confiscated Assets Account
Collapse
Division 1—Establishment, crediting and payments out of the Account
295 Establishment of Account
296 Credits to the Account
297 Payments out of the Account
Collapse
Division 2—The national cooperative scheme on unexplained wealth
297A The scheme
297B Sharing with foreign countries
297C Sharing with States and Territories
Collapse
Division 3—Programs for expenditure on crime prevention etc.
298 Programs for expenditure on law enforcement, drug treatment etc.
Collapse
Division 4—Grants to the States and Territories for crime prevention etc.
298A Grants to the States and Territories for crime prevention etc.
298B Terms and conditions of grants
298C Minister has powers etc. of the Commonwealth
298D Conferral of powers on the Minister
298E Channelling State/Territory grants through the Federation Reform Fund
298F Debits from the Federation Reform Fund
Collapse
Part 4-4—Charges over restrained property to secure certain amounts payable to the Commonwealth
302A Charges to secure amounts payable under subsection 293(3)
302B When the charge ceases to have effect
302C Priority of charge
Collapse
Part 4-5—Enforcement of interstate orders in certain Territories
Collapse
Division 1—Interstate restraining orders
303 Registration of interstate restraining orders
304 Effect of registration
305 Duration of registration
306 Cancellation of registration
307 Charge on property subject to registered interstate restraining order
308 Powers of Official Trustee in relation to interstate restraining orders
Collapse
Division 2—Interstate forfeiture orders
309 Registration of interstate forfeiture orders
310 Effect of registration
311 Duration of registration
312 Cancellation of registration
Collapse
Division 3—Miscellaneous
313 Interim registration of faxed copies
Collapse
Chapter 5—Miscellaneous
314 State and Territory courts to have jurisdiction
315 Proceedings are civil, not criminal
315A Court may hear multiple applications at same time
315B Transfer of responsibility for principal orders and applications
315C Official Trustee may bring proceedings on behalf of the Commonwealth
315D Service of documents
316 Consent orders
317 Onus and standard of proof
318 Proof of certain matters
318A Admissibility in proceedings of statements made at examination by absent witness
318B Objection to admission of statements made at examination
319 Stay of proceedings
319A Closed court
320 Effect of the confiscation scheme on sentencing
321 Deferral of sentencing pending determination of confiscation order
322 Appeals
323 Costs
324 Powers conferred on judicial officers in their personal capacity
325 Effect of a person’s death
326 Operation of other laws not affected
327 Review of operation of Act
327A Review
328 Regulations
Collapse
Chapter 6—Interpreting this Act
Collapse
Part 6-1—Meaning of some important concepts
Collapse
Division 1—Proceeds and instrument of an offence
329 Meaning of proceeds and instrument
330 When property becomes, remains and ceases to be proceeds or an instrument
Collapse
Division 2—Convicted and related concepts
331 Meaning of convicted of an offence
332 Meaning of quashing a conviction of an offence
333 Meaning of conviction day
334 Meaning of abscond
Collapse
Division 3—Other concepts
335 Proceeds jurisdiction
336 Meaning of derived
336A Meaning of property or wealth being lawfully acquired
337 Meaning of effective control
337A Meaning of foreign indictable offence
337B Definition of serious offence—valuation rules
Collapse
Part 6-2—Dictionary
338 Dictionary
Collapse
Schedule 1—Information gathering by participating States and self-governing Territories
Collapse
Part 1—Production orders
1 Making production orders
2 Contents of production orders
3 Powers under production orders
4 Retaining produced documents
5 Privilege against self-incrimination etc. does not apply
6 Varying production orders
7 Jurisdiction of magistrates
8 Making false statements in applications
9 Disclosing existence or nature of production orders
10 Failing to comply with production orders
11 Destroying etc. documents subject to production orders
Collapse
Part 2—Notices to financial institutions
12 Giving notices to financial institutions
13 Contents of notices to financial institutions
14 Protection from suits etc. for those complying with notices
15 Making false statements in notices
16 Disclosing existence or nature of notices
17 Failing to comply with notices
Collapse
Part 3—Disclosure of information
18 Disclosure
19 Parliamentary supervision of the operation of this Schedule
20 Reports about the operation of this Schedule
Collapse
Schedule 2—Transitional, application and saving provisions relating to the national cooperative scheme on unexplained wealth
Collapse
Part 1—General
Collapse
Division 1—Termination of State reference or adoption
1 Effect of termination on things that happened beforehand etc.
2 Effect of termination on the sharing of certain proceeds of confiscated assets
3 Effect of termination—regulations
Collapse
Division 2—Ceasing to be a relevant offence of a State
4 Effect of cessation on things that happen beforehand etc.
5 Effect of cessation—regulations
Collapse
Part 2—Unexplained Wealth Legislation Amendment Act 2018
6 Definitions
7 Amendments made by Schedule 2 to the amending Act
8 Amendments made by Schedule 4 to the amending Act
Collapse
Part 3—Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2024
9 Amendments made by Schedule 2 to the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2024
Collapse
Part 4—Combatting Illicit Tobacco Act 2026
Collapse
Division 1—Preliminary unexplained wealth orders
10 Definitions
11 Preliminary unexplained wealth orders
Collapse
Division 2—Uniform service provisions
12 Uniform service provisions
Collapse
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
