Criminal Property Confiscation Act 2000

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.