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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Criminal Property Confiscation (Consequential
Provisions) Bill 2000
CONTENTS
1. Short title 1
2. Commencement 2
3. Interpretation 2
4. Crimes (Confiscation of Profits) Act 1988 repealed 2
5. Misuse of Drugs Act 1981 amended 2
6. Applications to court under repealed law -- savings 3
7. Court orders under repealed law -- savings 3
8. Holding orders and embargo notices -- savings 4
9. Warrants issued under repealed law -- savings 4
10 . Property subject to a forfeiture order 4
11 . Real property subject to forfeiture order 6
12 . Director of Public Prosecutions Act 1991 --
amendment and savings 8
13 . Environmental Protection Act 1986 -- amendment
and savings 9
14 . Evidence Act 1906 -- amendment and savings 10
15 . Financial Transaction Reports Act 1995 --
amendment and savings 10
page i
25--1
Western Australia
LEGISLATIVE ASSEMBLY
Criminal Property Confiscation (Consequential
Provisions) Bill 2000
A Bill for
An Act --
• to repeal the Crimes (Confiscation of Profits) Act 1988;
• to amend the Misuse of Drugs Act 1981;
• to amend the Director of Public Prosecutions Act 1991;
• to amend the Environmental Protection Act 1986;
• to amend the Evidence Act 1906;
• to amend the Financial Transaction Reports Act 1995,
and for other purposes relating to the enactment of the Criminal
Property Confiscation Act 2000.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Criminal Property Confiscation
(Consequential Provisions) Act 2000.
page 1
Criminal Property Confiscation (Consequential Provisions) Bill 2000
s. 2.
2. Commencement
This Act comes into operation on the day on which the Criminal
Property Confiscation Act 2000 comes into operation.
3. Interpretation
5 In this Act, unless the contrary intention appears --
"appeal period ", in relation to a forfeiture order, has the same
meaning as in the repealed Act;
"embargo notice" has the same meaning as in the repealed
Part;
10 "forfeiture order" has the same meaning as in the repealed
Act;
"holding order" has the same meaning as in the repealed Part;
"interstate forfeiture order" has the same meaning as in the
repealed Act;
15 "interstate restraining order" has the same meaning as in the
repealed Act;
"repealed Act" means the Crimes (Confiscation of Profits)
Act 1988 as in force before its repeal by section 4;
"repealed Part" means Part IV of the Misuse of Drugs
20 Act 1981 as in force before its repeal by section 5.
4. Crimes (Confiscation of Profits) Act 1988 repealed
The Crimes (Confiscation of Profits) Act 1988 is repealed.
5. Misuse of Drugs Act 1981 amended
(1) Part IV of the Misuse of Drugs Act 1981* is repealed.
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Criminal Property Confiscation (Consequential Provisions) Bill 2000
s. 6
(2) Section 32A(1) of the Misuse of Drugs Act 1981 is amended by
deleting "an appropriate officer" and inserting instead --
"
the Director of Public Prosecutions or a police
5 prosecutor
".
(3) Section 32A(3) of the Misuse of Drugs Act 1981 is amended by
deleting the definition of "appropriate officer".
[* Reprinted as at 11 November 1996.
10 For subsequent amendments see 1999 Index to Legislation of
Western Australia, Table 1, p.65, and Act No 24 of 2000.]
6. Applications to court under repealed law -- savings
If an application made to a court under the repealed Act or the
repealed Part was not withdrawn, discontinued or otherwise
15 finally determined before the commencement of this Act, the
application may be dealt with on and after that commencement
as if the repealed Act or the repealed Part had not been repealed.
7. Court orders under repealed law -- savings
(1) If an order made by a court under the repealed Act or the
20 repealed Part was in force immediately before the
commencement of this Act, the order has effect on and after that
commencement, and may be executed, varied, discharged, set
aside or appealed against, as if the repealed Act or repealed Part
had not been repealed.
25 (2) If an interstate forfeiture order or interstate restraining order was
registered under the repealed Act, and its registration was not
cancelled before the commencement of this Act, Part 10 of the
Criminal Property Confiscation Act 2000 applies, on and after
that commencement, to the order and to any charge created
30 under the repealed Act on the property to which the order
relates, as if the order were an interstate confiscation order or
interstate freezing order registered under section 118 of the
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Criminal Property Confiscation (Consequential Provisions) Bill 2000
s. 8
Criminal Property Confiscation Act 2000 and as if the charge
had been created under section 123 of the Criminal Property
Confiscation Act 2000.
8. Holding orders and embargo notices -- savings
5 (1) If a holding order or an embargo notice was in force under the
repealed Part immediately before the commencement of this
Act, the holding order or embargo notice has effect on and after
that commencement, and the repealed Part continues to apply to
the holding order or embargo notice, as if the repealed Part had
10 not been repealed.
(2) Without limiting subsection (1), if, immediately before the
commencement of this Act, a person was entitled under
section 19 of the Misuse of Drugs Act 1981 to apply for an order
in respect of the property to which a holding order or embargo
15 notice relates, the person may apply for the order after that
commencement, and the application may be dealt with, as if the
repealed Part had not been repealed.
(3) However, subsection (2) does not entitle the person to apply for
the order more than 21 days after the date of the holding order
20 or embargo notice.
9. Warrants issued under repealed law -- savings
If, immediately before the commencement of this Act, a warrant
issued under the repealed Act or the repealed Part was capable
of execution to any extent, then the warrant may be executed on
25 and after that commencement, to that extent, as if the repealed
Act or the repealed Part had not been repealed.
10. Property subject to a forfeiture order
(1) This section applies to property for which a forfeiture order was
made under the repealed Act if --
30 (a) the appeal period for the forfeiture order had not ended
before the commencement of this Act; or
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Criminal Property Confiscation (Consequential Provisions) Bill 2000
s. 10
(b) if the appeal period has ended (whether before or after
the commencement of this Act), but the forfeiture order
has not been discharged, and the property was not
disposed of or otherwise dealt with under section 11(5)
5 of the repealed Act before that commencement.
(2) Sections 11(3), 11(4), 11(6), 12, 13 and 14 of the repealed Act
continue to apply in relation to the forfeiture order and the
property as if the repealed Act had not been repealed.
(3) If the appeal period for the forfeiture order has not ended,
10 sections 89, 90, 92 and 94 of the Criminal Property
Confiscation Act 2000 apply to the property as if it were subject
to a freezing order under that Act.
(4) If the appeal period for the forfeiture order has ended, and the
order has not been discharged --
15 (a) sections 89, 90, 92 and 94 of the Criminal Property
Confiscation Act 2000 apply to the property as if it had
been confiscated under that Act; and
(b) if the property has vested in the Crown, whether under
clause 11(3)(b) or under the repealed Act, the property is
20 to be disposed of as if it had been confiscated under the
Criminal Property Confiscation Act 2000.
(5) The following are to be paid into the Confiscation Proceeds
Account established under section 130 of the Criminal Property
Confiscation Act 2000 --
25 (a) subject to section 11(4) of the repealed Act as continued
by subsection (2), any money vested in the Crown under
section 11 of the repealed Act that has not been disposed
of or otherwise dealt with under the repealed Act;
(b) any proceeds obtained by the Crown after the
30 commencement of this Act from the disposal of property
under the repealed Act;
(c) any proceeds obtained from the disposal of property
under subsection (4)(b).
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Criminal Property Confiscation (Consequential Provisions) Bill 2000
s. 11
(6) Nothing in this section limits the generality of section 7(1) in its
application to a forfeiture order.
11. Real property subject to forfeiture order
(1) If property to which section 10 applies is land registered under
5 the Transfer of Land Act 1893, then, without limiting the
application of section 10 to the property, this section also
applies to the property.
(2) If the property has not vested in the Crown under section 11 of
the repealed Act, the Director of Public Prosecutions may lodge
10 with the Registrar of Titles a memorial of the forfeiture order in
a form approved by the Registrar.
(3) When a memorial is lodged under subsection (2) --
(a) the Registrar of Titles is to register the memorial;
(b) on the registration of the memorial, the property vests in
15 the State of Western Australia free from all interests,
whether registered or not, including trusts, mortgages,
charges, obligations and estates (except rights-of-way,
easements and restrictive covenants);
(c) any caveat in force in relation to the property is taken to
20 have been withdrawn; and
(d) the title in the property passes to the State.
(4) When a memorial is lodged under subsection (2) then, in
addition to registering the memorial, the Registrar of Titles is
to --
25 (a) register the State of Western Australia as the proprietor
of the property; and
(b) endorse the certificate of title of the property to the
effect that, when the memorial was registered, the
property ceased to be subject to or affected by any
30 interests recorded on the certificate of title, including
caveats, mortgages, charges, obligations and estates
(except rights-of-way, easements and restrictive
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Criminal Property Confiscation (Consequential Provisions) Bill 2000
s. 11
covenants) to which it was subject immediately before
the registration of the memorial, or by which it was
affected immediately before the registration of the
memorial.
5 (5) The Registrar of Titles may dispense with the production of any
duplicate certificate of title or any duplicate instrument for the
purposes of entering on the duplicate certificate or duplicate
instrument any memorandum that would, but for this
subsection, be required to be entered under the Transfer of Land
10 Act 1893 as a result of registering a memorial under
subsection (3) or of doing anything else required or permitted
by this section.
(6) If, under subsection (5), the Registrar of Titles dispenses with
the production of a duplicate certificate of title or duplicate
15 instrument --
(a) the Registrar must endorse the certificate of title to the
effect that the memorandum concerned has not been
entered on the duplicate certificate of title or the
duplicate instrument; and
20 (b) any subsequent dealing in the property has effect as if
the memorandum had been entered on the duplicate
certificate of title or the duplicate instrument.
(7) If, under subsection (5), the Registrar of Titles dispenses with
the production of a duplicate certificate of title, then, on the
25 application of the registered proprietor, the Registrar may cancel
the certificate of title for which the duplicate was issued, and
create and register a new certificate of title for the property.
(8) The Registrar of Titles is not required to obtain the consent or
direction of the Commissioner of Titles to perform a function
30 conferred on the Registrar under this section.
(9) To the extent that a provision of this section relating to any
property is inconsistent with the Transfer of Land Act 1983, the
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Criminal Property Confiscation (Consequential Provisions) Bill 2000
s. 12
provision prevails, but this section does not otherwise affect the
operation of that Act in relation to the property.
12. Director of Public Prosecutions Act 1991 -- amendment and
savings
5 (1) Section 16(2)(b) of the Director of Public Prosecutions
Act 1991* is amended by deleting "Crimes (Confiscation of
Profits) Act 1988" and inserting instead --
" Criminal Property Confiscation Act 2000 ".
(2) After subsection (2) of the Director of Public Prosecutions
10 Act 1991 the following subsection is inserted --
"
(3) Without limiting subsection (1), except as otherwise
explicitly provided in the Criminal Property
Confiscation Act 2000 (in this subsection called "the
15 Confiscation Act"), it is a function of the Director to
take any proceedings --
(a) that arise under the Confiscation Act;
(b) that arise from proceedings under the
Confiscation Act;
20 (c) that are required to give effect to a freezing
notice under the Confiscation Act;
(d) that are required to give effect to an order of a
court under the Confiscation Act or a
declaration of a court under the Confiscation
25 Act;
(e) that are required to locate or recover any
property as defined in the Confiscation Act that
is subject to a freezing notice under the
Confiscation Act or a freezing order under the
30 Confiscation Act, or that has been confiscated
under the Confiscation Act;
page 8
Criminal Property Confiscation (Consequential Provisions) Bill 2000
s. 13
(f) that are required to give effect to Part 10 of the
Confiscation Act; or
(g) that for any other reason arise from the
administration of the Confiscation Act or are
5 required to give effect to the Confiscation Act.
".
(3) Despite the amendment effected by subsection (1), the Director
of Public Prosecutions Act 1991 as in force before the
commencement of this Act continues to apply in relation to the
10 administration of the Crimes (Confiscation of Profits) Act 1988
to the extent that the operation of the latter Act is continued by
this Act.
[* Act No. 12 of 1991.
For subsequent amendments see 1999 Index to Legislation of
15 Western Australia, Table 1, p.68.]
13. Environmental Protection Act 1986 -- amendment and
savings
(1) Section 99U(4) of the Environmental Protection Act 1986* is
amended by deleting "Crimes (Confiscation of Profits)
20 Act 1988" and inserting instead --
" Criminal Property Confiscation Act 2000 ".
(2) Despite the amendment effected by subsection (1),
section 99U(4) of the Environmental Protection Act 1986 as in
force before the commencement of this Act continues to apply
25 to any exercise under this Act of the court's powers under the
Crimes (Confiscation of Profits) Act 1988.
[* Reprinted as at 7 July 2000.]
page 9
Criminal Property Confiscation (Consequential Provisions) Bill 2000
s. 14
14. Evidence Act 1906 -- amendment and savings
(1) The Evidence Act 1906* is amended by deleting the following
from Part 5 of the Second Schedule --
"
5 s.18(2) Dealing with property to which an embargo notice relates
".
(2) Despite the amendment effected by subsection (1), the Evidence
Act 1906 as in force before the commencement of this Act
continues to apply on and after that commencement in relation
10 to an embargo notice that has effect under section 8 of this Act.
[* Reprinted as at 22 November 1999.
For subsequent amendments see 1999 Index to Legislation of
Western Australia, Table 1, pp.82-4, and Act No 17 of 2000.]
15. Financial Transaction Reports Act 1995 -- amendment and
15 savings
(1) The Financial Transaction Reports Act 1995* is amended as
follows:
(a) in section 6(2)(b) by deleting "Crimes (Confiscation of
Profits) Act 1988" and inserting instead --
20 " Criminal Property Confiscation Act 2000 ";
(b) in section 7(1)(b) by deleting "Crimes (Confiscation of
Profits) Act 1988" and inserting instead --
" Criminal Property Confiscation Act 2000 ";
(c) in section 7(7)(b) by deleting "Crimes (Confiscation of
25 Profits) Act 1988" and inserting instead --
" Criminal Property Confiscation Act 2000 ".
(2) Despite the amendment effected by subsection (1), the
Financial Transaction Reports Act 1995 as in force before the
commencement of this Act continues to apply in relation to the
30 enforcement of the Crimes (Confiscation of Profits) Act 1988 to
page 10
Criminal Property Confiscation (Consequential Provisions) Bill 2000
s. 15
the extent that the operation of the latter Act is continued by this
Act.
[*Act No. 10 of 1995.]
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