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PROCEEDS OF CRIME ACT 2002


TABLE OF PROVISIONS

           Long Title

            

CHAPTER 1--Introduction
            

   PART 1-1--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   3.      Identifying defined terms  
   4.      Application of the Criminal Code  

   PART 1-2--OBJECTS

   5.      Principal objects  

   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)  

   PART 1-4--APPLICATION

           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  

           Division 2--The national unexplained wealth provisions

              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  

              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  

              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  

              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  
            

CHAPTER 2--The confiscation scheme
            

   PART 2-1A----FREEZING ORDERS

   15A.    Simplified outline of this Part  

           Division 1--Making freezing orders

   15B.    Making freezing orders  

           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  

           Division 3--Giving effect to freezing orders

   15J.    Service of freezing order etc. on financial institution and account-holder  
   15K.    Freezing order does not prevent withdrawal to enable financial institution to meet its liabilities  
   15L.    Offence for contravening freezing orders  
   15M.    Protection from suits etc. for those complying with orders  

           Division 4--Duration of freezing orders

   15N.    When a freezing order is in force  
   15P.    Order extending a freezing order  

           Division 5--Varying scope of freezing orders

   15Q.    Magistrate may vary freezing order to allow withdrawal to meet reasonable expenses  

           Division 6--Revoking freezing orders

   15R.    Application to revoke a freezing order  
   15S.    Notice of revocation of a freezing order  

   PART 2-1--RESTRAINING ORDERS

   16.     Simplified outline of this Part  

           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  

           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 of evidence--proceedings for restraining orders  

           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  

           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  

           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  

           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  

   PART 2-2--FORFEITURE ORDERS

   46.     Simplified outline of this Part  

           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  

           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  

           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  

           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  

           Division 4A--Controlled property

   71A.    Official Trustee may take custody and control of forfeited property  

           Division 5--Reducing the effect of forfeiture orders

              Subdivision A--Relieving hardship

   72.     Relieving certain dependants from hardship  

              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  

              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  

           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  

           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  

   PART 2-3--FORFEITURE ON CONVICTION OF A SERIOUS OFFENCE

   91.     Simplified outline of this Part  

           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  

           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  

           Division 2A--Controlled property

   101A.   Official Trustee may take custody and control of forfeited property  

           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  

           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  

   PART 2-4--PECUNIARY PENALTY ORDERS

   115.    Simplified outline of this Part  

           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  

           Division 2--Penalty amounts

              Subdivision A--General

   121.    Determining penalty amounts  

              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  

              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.  

              Subdivision D--Varying pecuniary penalty orders to increase penalty amounts

   133.    Varying pecuniary penalty orders to increase penalty amounts  

           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  

           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  

           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  

   PART 2-5--LITERARY PROCEEDS ORDERS

   151.    Simplified outline of this Part  

           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  

           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  

           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  

           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  

           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  

           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  

   PART 2-6--UNEXPLAINED WEALTH ORDERS

   179A.   Simplified outline of this Part  

           Division 1--Making unexplained wealth orders

   179B.   Making a preliminary unexplained wealth order requiring a person to appear  
   179C.   Application to revoke a preliminary unexplained wealth order  
   179CA.  Notice and procedure on application to revoke preliminary unexplained wealth order  
   179D.   Notice of revocation of a preliminary unexplained wealth order  
   179E.   Making an unexplained wealth order  
   179EA.  Refusal to make an order for failure to give undertaking  
   179EB.  Costs  
   179F.   Ancillary orders  

           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  

           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  

           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  

           Division 5--Oversight

   179U.   Parliamentary supervision  
            

CHAPTER 3--Information gathering
            

   PART 3-1--EXAMINATIONS

           Division 1--Examination orders

   180.    Examination orders relating to restraining 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  

           Division 2--Examination notices

   183.    Examination notices  
   184.    Additional examination notices  
   185.    Form and content of examination notices  

           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.  

           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  

   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  

   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  

   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  

   PART 3-5--SEARCH AND SEIZURE

           Division 1--Search warrants

              Subdivision A--Issuing search warrants

   225.    Issuing a search warrant  
   226.    Additional contents of the information  
   227.    Contents of warrants  
   228.    The things that are authorised by a search warrant  

              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  

              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 to occupier etc.  
   241.    Occupier entitled to be present during search  
   242.    Specific powers available to officers executing the warrant  
   243.    Use of equipment to examine or process things  
   244.    Moving things to another place for examination or processing  
   245.    Use of electronic equipment at premises  
   246.    Person with knowledge of a computer or a computer system to assist access etc.  
   247.    Securing electronic equipment  
   248.    Compensation for damage to electronic equipment  
   249.    Copies of seized things to be provided  
   250.    Providing documents after execution of a search warrant  

           Division 2--Stopping and searching conveyances

   251.    Searches without warrant in emergency situations  
   252.    How an authorised officer exercises a power under section 251  

           Division 3--Dealing with things seized

              Subdivision A--General requirements

   253.    Receipts for things seized under warrant  
   254.    Responsibility for things seized  
   255.    Effect of obtaining forfeiture orders  

              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  

              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  

           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  

   PART 3-6--DISCLOSURE OF INFORMATION

   266A.   Disclosure  
            

CHAPTER 4--Administration
            

   PART 4-1--POWERS AND DUTIES OF THE OFFICIAL TRUSTEE

           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  

           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  

           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  

           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  

           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  

   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  

   PART 4-3--CONFISCATED ASSETS ACCOUNT

           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  

           Division 2--The national cooperative scheme on unexplained wealth

   297A.   The scheme  
   297B.   Sharing with foreign countries  
   297C.   Sharing with States and Territories  

           Division 3--Programs for expenditure on crime prevention etc

   298.    Programs for expenditure on law enforcement, drug treatment etc.  

           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 COAG Reform Fund  
   298F.   Debits from the COAG Reform Fund  

   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  

   PART 4-5--ENFORCEMENT OF INTERSTATE ORDERS IN CERTAIN TERRITORIES

           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  

           Division 2--Interstate forfeiture orders

   309.    Registration of interstate forfeiture orders  
   310.    Effect of registration  
   311.    Duration of registration  
   312.    Cancellation of registration  

           Division 3--Miscellaneous

   313.    Interim registration of faxed copies  
            

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  
   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  
            

CHAPTER 6--Interpreting this Act
            

   PART 6-1--MEANING OF SOME IMPORTANT CONCEPTS

           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  

           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  

           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  

   PART 6-2--DICTIONARY

   338.    Dictionary  
           SCHEDULE 1 Information gathering by participating States and self-governing Territories
           SCHEDULE 2 Transitional, application and saving provisions relating to the national cooperative scheme on unexplained wealth


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