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CRIMINAL PROPERTY FORFEITURE AMENDMENT BILL 2014

Serial 91
Criminal Property Forfeiture Amendment Bill 2014
Mr Elferink

A Bill for an Act to amend the Criminal Property Forfeiture Act

NORTHERN TERRITORY OF AUSTRALIA

CRIMINAL PROPERTY FORFEITURE AMENDMENT ACT 2014

____________________

Act No. [ ] of 2014

____________________

Table of provisions

Part 14 Transitional matters for Criminal Property Forfeiture Amendment Act 2014

167 Application of Criminal Property Forfeiture Amendment Act 2014

NORTHERN TERRITORY OF AUSTRALIA

____________________

Act No. [ ] of 2014

____________________

An Act to amend the Criminal Property Forfeiture Act

[Assented to [ ] 2014]

[Second reading [ ] 2014]

The Legislative Assembly of the Northern Territory enacts as follows:

1 Short title

This Act may be cited as the Criminal Property Forfeiture Amendment Act 2014.

2 Commencement

This Act commences on the day fixed by the Administrator by Gazette notice.

3 Act amended

This Act amends the Criminal Property Forfeiture Act.

4 Section 5 amended

Section 5

insert (in alphabetical order)

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

5 Section 81 amended

Section 81(2)

omit

may

insert

must

6 Section 82 amended

Section 82(a)

omit, insert

(a) at the time the property became crime-used, the respondent:

(i) had a legal or equitable interest in the property through an agreement granted by another person who is an innocent party in relation to the property; or

(ii) had a right of occupancy, use or possession of the property through an agreement granted by another person who is an innocent party in relation to the property; or

(iii) did not have effective control of the property; or

7 Section 85 amended

After section 85(2)

insert

(3) In this section, the value of crime-used property is the freehold value of real property, or the full value of other property, and not the value of an interest in the property under an agreement.

8 Part 14 inserted

After section 166

insert

Part 14 Transitional matters for Criminal Property Forfeiture Amendment Act 2014

167 Application of Criminal Property Forfeiture Amendment Act 2014

(1) This Act, as amended by the Criminal Property Forfeiture Amendment Act 2014, applies only in relation to proceedings under this Act that are commenced after the commencement of this section (the commencement).

(2) This Act, as in force before the commencement, continues to apply in relation to proceedings that were commenced before the commencement.

9 Expiry of Act

This Act expires on the day after it commences.

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