Criminal Property Forfeiture Act 2002

In this Act:

account means any facility or arrangement through which a financial institution accepts deposits or allows withdrawals and includes a facility or arrangement for a fixed term deposit and a safety deposit box.

agreement means a tenancy, lease, hire agreement or contract.

conviction, in relation to a forfeiture offence, has the meaning in section 161.

corporation means any body corporate, however formed, and includes:

2001; and

corresponding law:

crime-derived, in relation to property, see section 12.

crime-used, in relation to property, see section 11.

crime-used property substitution declaration means a declaration under section 81.

criminal benefit, see section 74.

criminal benefit declaration means a declaration under section 75 or 76.

criminal use, in relation to a person and property, see section 84.

dangerous drug, see section 3(1) of the Misuse of

Drugs Act 1990.

deal, in relation to property, see section 56.

declared drug trafficker, see section 8.

dispose of, in relation to a charge, means:

DPP means the Director of Public Prosecutions appointed under the Director of Public Prosecutions Act 1990 or a person acting on the Director's behalf.

effective control, in relation to property, has the meaning in section 7.

encumbrance, in relation to property, includes any interest, mortgage, charge, right, claim or demand in respect of the property.

examination means an examination under an examination order.

examination order means an order under section 18(1).

financial institution means:

Fines Recovery Unit means the Fines Recovery Unit established under the Fines and Penalties (Recovery) Act 2001.

forfeitable property declaration means a declaration under section 92.

forfeiture offence, see section 6.

give, in relation to property, includes transfer for consideration that is significantly less than the market value of the property at the time of transfer.

innocent party, see section 66.

instrument, in relation to a dealing with land, see section 4 of the Land Title Act 2000.

interest, in relation to property, means:

interstate forfeiture order means an order (however described) that is made by or under a corresponding law of a State or another Territory and that is prescribed by the Regulations for this definition.

interstate restraining order means an order (however described) that is made by or under a corresponding law of a State or another Territory and that is prescribed by the Regulations for this definition.

land includes an interest in land.

land register, see section 4 of the Land Title Act

2000.

lawfully acquired, in relation to any property, service, advantage or benefit, see section 77.

liable to forfeiture under this Act, in relation to property, see section 10(5).

monitoring order means an order under section 29(1).

objection means an objection to the restraint of property filed under section 59.

officer, in relation to a corporation, means a director, secretary, executive officer, employee or agent of the corporation.

owner, in relation to property, means a person who has a legal or equitable interest in the property.

premises includes a vessel, aircraft, vehicle, structure, building and any land or place whether built on or not.

production order means an order under section 23.

prohibited plant see section 3(1) of the Misuse of

Drugs Act 1990.

property means:

property-tracking document, see section 27.

registered, in relation to an interstate restraining order or an interstate forfeiture order, means registered under section 123 or 127, respectively.

registrar means the office (however described) of a registrar under an Act that provides for registration of property other than land.

registration, in relation to an instrument relating to a dealing in land, has the same meaning as in the Land Title Act

2000.

respondent means:

– the person against whom the declaration is made.

restraining order means an order made by a court under section 43 or 44 but does not include an interim restraining order under section 40.

statutory charge, see section 4 of the Land Title

Act 2000.

statutory restrictions notice, see section 35 of the Land Title Act 2000.

suspension order means an order under section 29(2).

Territory taxes, in relation to restrained property, means any rates, land tax, local government or other statutory charges imposed on the property under a law of the Territory.

transaction, in relation to an account with a financial institution, includes:

part of it, at the end of the term.

unexplained wealth:

unexplained wealth declaration means a declaration under section 71.

valuable consideration, in relation to the transfer of property, does not include:

wealth, see section 70.

Note for section 5

The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.