Criminal Property Confiscation Act 2000

property equal in value to any amount by which the total value of a person’s wealth exceeds the value of the person’s lawfully acquired wealth (unexplained wealth — see section 144);

certain property, services, advantages and benefits obtained by a person who has been involved in the commission of a confiscation offence (criminal benefits — see section 145);

property used in or in connection with the commission of a confiscation offence, or property of equal value (crime‑used property — see section 146);

property derived directly or indirectly from the commission of a confiscation offence (crime‑derived property — see section 148);

property owned, effectively controlled or given away by a person who is declared to be a drug trafficker under section 32A(1) of the Misuse of Drugs Act 1981, or who absconds before a declaration can be made (declared drug trafficker — see section 159).

This Act applies to a person’s unexplained wealth whether any property, service, advantage or benefit that is a constituent of the person’s wealth was acquired before or after the commencement of this Act.

This Act applies to criminal benefits, crime‑used property and crime‑derived property —

whether the relevant confiscation offence was committed in Western Australia or elsewhere; and

whether the relevant confiscation offence was committed before or after the commencement of this Act; and

whether or not anyone has been charged with, or convicted of, the relevant confiscation offence; and

if someone has been convicted of the relevant confiscation offence — whether the conviction took place before or after the commencement of this Act.

This Act applies —

to property in Western Australia; and

to the fullest extent of the capacity of the Parliament to make laws with respect to property outside the State, to property outside Western Australia.

Frozen property is confiscated if an objection to the confiscation of the property is not filed on or before the 28^th day after the service cut off date for the property.

If an objection to the confiscation of frozen property is filed on or before the 28^th day after the service cut off date for the property, the property is confiscated if —

the objection, or each objection if there are more than one, is finally determined; and

where the property is subject to a freezing notice — the freezing notice is not cancelled or set aside; and

where the property is subject to a freezing order — the freezing order is not set aside.

However, property frozen under a freezing notice is not confiscated under subsection (1) or (2) until the freezing notice is filed in accordance with section 36(6)(a).

When a person is declared to be a drug trafficker under section 32A(1) of the Misuse of Drugs Act 1981 as a result of being convicted of a confiscation offence that was committed after the commencement of this Act, the following property is confiscated —

all the property that the person owns or effectively controls at the time the declaration is made;

all property that the person gave away at any time before the declaration was made, whether the gift was made before or after the commencement of this Act.

When a person is taken to be a declared drug trafficker under section 159(2), the following property is confiscated —

all the property that the person owned or effectively controlled at the time that the person absconded;

all property that the person gave away at any time before the person absconded, whether the gift was made before or after the commencement of this Act.

Nothing in subsection (1) or (2) prevents the confiscation of crime‑derived property or crime‑used property owned, effectively controlled or given away by a person, whether the relevant confiscation offence was committed, or is likely to have been committed, before or after the commencement of this Act.

Nothing in subsection (1) or (2) prevents a criminal benefits declaration from being made against a person, whether the relevant confiscation offence was committed, or is likely to have been committed, before or after the commencement of this Act.

Nothing in subsection (1) or (2) prevents an unexplained wealth declaration from being made against a declared drug trafficker or a person who has been charged with an offence that may lead to his or her being declared a drug trafficker.

Registrable real property that is confiscated under section 6, 7 or 8 vests absolutely in the State when —

the court declares under section 30 that the property has been confiscated; and

a memorial of the making of the declaration is registered under section 113(1).

When registrable real property vests in the State under subsection (1) —

the property vests free from all interests, whether registered or not, including trusts, mortgages, charges, obligations and estates, (except rights‑of‑way, easements and restrictive covenants); and

any caveat in force in relation to the property is taken to have been withdrawn; and

the title in the property passes to the State.

If registrable real property has been confiscated under section 6, 7 or 8, but has not vested in the State under subsection (1), sections 50 and 51 and Part 7 apply to the property as if it were subject to a freezing order.

Property (except registrable real property) that is confiscated under section 6, 7 or 8 vests absolutely in the State when the section takes effect in relation to the property.

When property (except registrable real property) that is registrable under the Personal Property Securities Act 2009 (Commonwealth) or an enactment is confiscated, the DPP or the CCC, as the case requires, must notify the relevant registrar of the confiscation.

The DPP or the CCC may apply to the court for an unexplained wealth declaration against a person.

An application may be made in conjunction with an application for a freezing order, in proceedings for the hearing of an objection to confiscation, or at any other time.

On hearing an application under section 11(1), the court must declare that the respondent has unexplained wealth if it is more likely than not that the total value of the respondent’s wealth is greater than the value of the respondent’s lawfully acquired wealth.

Any property, service, advantage or benefit that is a constituent of the respondent’s wealth is presumed not to have been lawfully acquired unless the respondent establishes the contrary.

Without limiting the matters to which the court may have regard, for the purpose of deciding whether the respondent has unexplained wealth, the court may have regard to the amount of the respondent’s income and expenditure at any time or at all times.

When making a declaration, the court is to —

assess the value of the respondent’s unexplained wealth in accordance with section 13; and

specify the assessed value of the unexplained wealth in the declaration.

The court may make any necessary or convenient ancillary orders.