CRIMINAL PROPERTY FORFEITURE REGULATIONS 2003

NORTHERN TERRITORY OF AUSTRALIA CRIMINAL PROPERTY FORFEITURE REGULATIONS 2003 As in force at 31 July 2024 Table of provisions 1 Citation ............................................................................................ 1 2 Corresponding laws ......................................................................... 1 3 Interstate forfeiture orders and interstate restraining orders ............ 1 4 Forms .............................................................................................. 1 5 Forms in relation to land .................................................................. 2 Schedule 1 Corresponding laws Schedule 2 Interstate forfeiture and restraining orders Schedule 3 Forms ENDNOTES -- 1 of 20 -- -- 2 of 20 -- NORTHERN TERRITORY OF AUSTRALIA ____________________ As in force at 31 July 2024 ____________________ CRIMINAL PROPERTY FORFEITURE REGULATIONS 2003 Regulations under the Criminal Property Forfeiture Act 2002 1 Citation These Regulations may be cited as the Criminal Property Forfeiture Regulations 2003. 2 Corresponding laws A law specified in Schedule 1 is prescribed as a law that corresponds to the Act. 3 Interstate forfeiture orders and interstate restraining orders An order specified in: (a) Part A of Schedule 2 is prescribed as an interstate forfeiture order; and (b) Part B of Schedule 2 is prescribed as an interstate restraining order. 4 Forms (1) A notice to a financial institution under section 14 of the Act is to be in accordance with Form 1 in Schedule 3. (2) An application under section 34 of the Act for a search warrant is to be in accordance with Form 2 in Schedule 3. (3) A search warrant under section 34 of the Act is to be in accordance with Form 3 in Schedule 3. (4) An application for an interim restraining order under section 40 of the Act is to be in accordance with Form 4 in Schedule 3. (5) An interim restraining order under section 40 of the Act is to be in accordance with Form 5 in Schedule 3. (6) A notice under section 47(1) of the Act about the making of a restraining order is to be in accordance with Form 6 in Schedule 3. -- 3 of 20 -- Criminal Property Forfeiture Regulations 2003 2 (7) A notice under section 50(4)(a) of the Act of the setting aside of a restraining order is to be in accordance with Form 7 in Schedule 3. (8) A notice under section 51 of the Act of the extension of a restraining order is to be in accordance with Form 8 in Schedule 3. 5 Forms in relation to land An instrument lodged with the Registrar-General under section 53(1)(a), 53(2)(a) or 102(1) of the Act is to be lodged in the appropriate form specified by the Registrar-General's directions under the Land Title Act 2000. -- 4 of 20 -- Schedule 1 Corresponding laws Criminal Property Forfeiture Regulations 2003 3 Schedule 1 Corresponding laws regulation 2 Jurisdiction Legislation Commonwealth Proceeds of Crime Act 1987 Proceeds of Crime Act 2002 New South Wales Confiscation of Proceeds of Crimes Act 1989 Criminal Assets Recovery Act 1990 Queensland Criminal Proceeds Confiscation Act 2002 South Australia Criminal Assets Confiscation Act 2005 Tasmania Crime (Confiscation of Profits) Act 1993 Victoria Confiscation Act 1997 Western Australia Criminal Property Confiscation Act 2000 Australian Capital Territory Confiscation of Criminal Assets Act 2003 -- 5 of 20 -- Schedule 2 Interstate forfeiture and restraining orders Criminal Property Forfeiture Regulations 2003 4 Schedule 2 Interstate forfeiture and restraining orders regulation 3 Part A Interstate forfeiture orders Jurisdiction Type of order Provision New South Wales forfeiture order Confiscation of Proceeds of Crimes Act 1989, section 18 drugs proceeds order Confiscation of Proceeds of Crimes Act 1989, section 29 assets forfeiture order Criminal Assets Recovery Act 1990, section 22 Queensland unexplained wealth order Criminal Proceeds Confiscation Act 2002, section 89F(1) serious drug offender confiscation order Criminal Proceeds Confiscation Act 2002, section 93ZY(1) forfeiture order Criminal Proceeds Confiscation Act 2002, section 146(2) special forfeiture order Criminal Proceeds Confiscation Act 2002, section 200(2) South Australia forfeiture order Criminal Assets Confiscation Act 2005, section 47 or 56 Tasmania forfeiture order Crime (Confiscation of Profits) Act 1993, section 16 Victoria forfeiture order Confiscation Act 1997, section 33 or 34 declaration Confiscation Act 1997, section 36 or 36GB civil forfeiture order Confiscation Act 1997, section 37, 38 or 39 declaration Confiscation Act 1997, section 40ZB -- 6 of 20 -- Schedule 2 Interstate forfeiture and restraining orders Criminal Property Forfeiture Regulations 2003 5 Jurisdiction Type of order Provision Western Australia unexplained wealth declaration Criminal Property Confiscation Act 2000, section 12 criminal benefits declaration Criminal Property Confiscation Act 2000, section 16 or 17 crime-used property substitution declaration Criminal Property Confiscation Act 2000, section 22 confiscable property declaration Criminal Property Confiscation Act 2000, section 28 or 30 Australian Capital Territory conviction forfeiture order Confiscation of Criminal Assets Act 2003, section 54 automatic forfeiture of restrained property Confiscation of Criminal Assets Act 2003, section 58 order declaring property automatically forfeited Confiscation of Criminal Assets Act 2003, section 59 or 60 civil forfeiture order Confiscation of Criminal Assets Act 2003, section 67 Part B Interstate restraining orders Jurisdiction Type of order Provision New South Wales restraining order Confiscation of Proceeds of Crimes Act 1989, section 43 restraining order Criminal Assets Recovery Act 1990, section 10A or 12 Queensland restraining order Criminal Proceeds Confiscation Act 2002, section 93H(1) restraining order Criminal Proceeds Confiscation Act 2002, section 117(1) other orders made in relation to a restraining order Criminal Proceeds Confiscation Act 2002, section 130 -- 7 of 20 -- Schedule 2 Interstate forfeiture and restraining orders Criminal Property Forfeiture Regulations 2003 6 Jurisdiction Type of order Provision South Australia restraining order Criminal Assets Confiscation Act 2005, section 24 Tasmania restraining order Crime (Confiscation of Profits) Act 1993, section 26 or 30 Victoria restraining order Confiscation Act 1997, section 14, 18 or 40I civil forfeiture restraining order Confiscation Act 1997, section 36M Western Australia freezing order Criminal Property Confiscation Act 2000, section 43 Australian Capital Territory restraining order Confiscation of Criminal Assets Act 2003, section 30 or 31 -- 8 of 20 -- Schedule 3 Forms Criminal Property Forfeiture Regulations 2003 7 Schedule 3 Forms FORM 1 NORTHERN TERRITORY OF AUSTRALIA Criminal Property Forfeiture Act 2002 regulation 4(1) REQUIREMENT FOR INFORMATION FROM FINANCIAL INSTITUTION To: [name of financial institution] (the financial institution), of: [address of the financial institution] TAKE NOTICE that under section 14 of the Criminal Property Forfeiture Act 2002, you are required to do the following: *1. State whether or not [name of person] holds an account with the financial institution and, if the answer is "yes", in relation to each account that is held, identify the account by stating: (a) the full title and number of the account; and (b) the type of account. *2. State whether or not the following account is held with the financial institution: Account description . *3. Identify the following account(s) held with the financial institution, including by stating the type of account: Account description . *4. Identify the holder(s) of the following account(s) held with the financial institution: Account description . -- 9 of 20 -- Schedule 3 Forms Criminal Property Forfeiture Regulations 2003 8 *5. State whether or not any other kind of transaction between the financial institution and [name of person] has existed, is intended to exist and/or does exist and if so, in relation to each transaction: (a) identify the transaction; and (b) state whether the transaction has taken place, is taking place or is to take place. *6. State whether [name of person] has applied to the financial institution to open an account, borrow money or enter into any other type of transaction or arrangement with the institution. 7. State the balance of any relevant account and indicate whether the account is current or closed. NOTE: YOU MUST COMPLY WITH THIS REQUIREMENT. Maximum penalty: 5 000 penalty units. The terms account, financial institution and transaction are defined in section 5 of the Act. Dated 20 . Signed *for Director of Public Prosecutions / *by member of Police Force * [delete if not applicable] -- 10 of 20 -- Schedule 3 Forms Criminal Property Forfeiture Regulations 2003 9 FORM 2 NORTHERN TERRITORY OF AUSTRALIA Criminal Property Forfeiture Act 2002 regulation 4(2) APPLICATION UNDER SECTION 34 FOR SEARCH WARRANT I, , a member of the Police Force of the Northern Territory: (a) make oath and state that I suspect that *property liable to forfeiture under the Act / *property tracking documents is or are in or on, or will be in or on within the next 72 hours, the following premises: (b) state that the grounds for my suspicion are as follows: ; and (c) under section 34 of the Criminal Property Forfeiture Act 2002, apply for a search warrant in relation to the premises. Applicant Made on [date] at [place] *If application was made by *telephone / *other electronic means [specify], justice of the peace to complete details and sign his/her copy. Application received on the day of 20 , at o'clock by , a justice of the peace for the Northern Territory of Australia. Witnessed by Signature _________________________________________________ Justice of the peace Name _________________________________________________ Address or phone no. * [delete if not applicable] -- 11 of 20 -- Schedule 3 Forms Criminal Property Forfeiture Regulations 2003 10 FORM 3 NORTHERN TERRITORY OF AUSTRALIA Criminal Property Forfeiture Act 2002 regulation 4(3) SEARCH WARRANT UNDER SECTION 34 I, , a justice of the peace, having received an application under section 34 of the Criminal Property Forfeiture Act 2002 by a member of the Police Force of the Northern Territory and being satisfied that there are reasonable grounds for suspecting that *property liable to forfeiture under the Act / *property tracking documents is or are on the premises described below, or will be in or on the premises within the next 72 hours, issue this search warrant authorising a member of the Police Force, using any necessary force and with any assistance the member thinks necessary, at any time of night or day on or within 30 days after the date of this warrant, to do any or all of the following: (a) enter the premises; (b) search the premises; (c) search any baggage, package or other thing found in or on the premises; (b) detain any person in or on the premises and search the person in accordance with section 35 of the Act. Description of premises: Justice of the peace Date and time: Note: The Criminal Property Forfeiture Act 2002 defines premises as including a vessel, aircraft, vehicle, structure, building and any land or place whether built on or not. * [delete if not applicable] -- 12 of 20 -- Schedule 3 Forms Criminal Property Forfeiture Regulations 2003 11 FORM 4 NORTHERN TERRITORY OF AUSTRALIA Criminal Property Forfeiture Act 2002 regulation 4(4) APPLICATION UNDER SECTION 40 FOR INTERIM RESTRAINING ORDER I, , a *member of the Police Force of the Northern Territory / *person authorised by the Director of Public Prosecutions: (a) under section 40 of the Criminal Property Forfeiture Act 2002, apply for an interim restraining order in relation to: *the property of [person]; *the following property: (b) state that an application is to be made as soon as reasonably practicable to the *Local Court / *Supreme Court under section 43 or 44 of the Act for the restraint of the property; and (c) state that the circumstances that justify this application for an interim restraining order in relation to the property are as follows: Applicant: Date: If application was made by *telephone / *other electronic means [specify], Local Court Judge to complete details and sign his/her copy. Application received on the day of 20 , at o'clock by , a Local Court Judge of the Northern Territory of Australia. Signed * [delete if not applicable] -- 13 of 20 -- Schedule 3 Forms Criminal Property Forfeiture Regulations 2003 12 FORM 5 NORTHERN TERRITORY OF AUSTRALIA Criminal Property Forfeiture Act 2002 regulation 4(5) INTERIM RESTRAINING ORDER UNDER SECTION 40 I, , a Local Court Judge of the Northern Territory of Australia, having heard an application under section 40 of the Criminal Property Forfeiture Act 2002 by a member of the *Police Force of the Northern Territory / *person authorised by the Director of Public Prosecutions and being satisfied of the matters set out in section 40(1)(c) and (d) of the Act, order that, unless this order is sooner varied or revoked, until the expiration of 3 working days after the day on which this order is made, such expiry being at midnight on [date], *the property of [person] is restrained; or * the following property is restrained: And I further order that: [Here describe any other restraints or orders imposed, for example: "The property may continue to be used for residential purposes by the respondent/certain named persons"] Signed by Local Court Judge: Date and time: While this order is in force, no person may deal with the property except in accordance with the Act. The maximum penalty for dealing with restrained property is: For a natural person – 1 000 penalty units or the value of the property (whichever is greater), or imprisonment for 5 years. For a body corporate – 5 000 penalty units or the value of the property (whichever is greater). Dealing includes selling the property or giving it away, disposing of the property in any other way, moving or using the property, and other matters set out in section 56(1) of the Act. * [delete if not applicable] -- 14 of 20 -- Schedule 3 Forms Criminal Property Forfeiture Regulations 2003 13 FORM 6 NORTHERN TERRITORY OF AUSTRALIA Criminal Property Forfeiture Act 2002 regulation 4(6) NOTICE OF RESTRAINING ORDER To: [name] of: [address] I, , a *member of the Police Force of the Northern Territory / *person authorised by the Director of Public Prosecutions, give notice that: • a restraining order has been made by the *Local Court / *Supreme Court under the Criminal Property Forfeiture Act 2002 for the restraint of the property specified below; • a copy of the order is attached; • the order applies to and including [date]; • while the order is in force, no person may deal with the property except in accordance with the Act; The maximum penalty for dealing with restrained property is: For a natural person – 1 000 penalty units r the value of the property (whichever is greater), or imprisonment for 5 years; For a body corporate – 5 000 penalty units or the value of the property (whichever is greater); • the property that is restrained under the order is liable to forfeiture under the Act; and • you can object to the restraint of part or all of the property by filing an objection in the court that made the order within 28 days after the service of this notice. • NOTE: You are required under section 48 of the Criminal Property Forfeiture Act 2002 to lodge a statutory declaration in the court that made the order within 7 days after being served with this notice. The declaration is to state the name and, if known, the address of any other person of whom you are aware who has, may have or claims to have an interest in any of the property that is restrained under the order. If -- 15 of 20 -- Schedule 3 Forms Criminal Property Forfeiture Regulations 2003 14 you are not aware of any other person who has, may have or claims to have an interest in any of the property, you must make a statutory declaration containing a statement to that effect. The maximum penalty for failing to make a statutory declaration is 2 000 penalty units or imprisonment for 2 years. Particulars of property in relation to which the order is made: Note: Section 49(2) of the Criminal Property Forfeiture Act 2002 provides that income or other property that is derived from property that is subject to this order is taken to be part of the property and is also restrained under this order. Dated 20 . Signed *for Director of Public Prosecutions / *by member of Police Force * [delete if not applicable] -- 16 of 20 -- Schedule 3 Forms Criminal Property Forfeiture Regulations 2003 15 FORM 7 NORTHERN TERRITORY OF AUSTRALIA Criminal Property Forfeiture Act 2002 regulation 4(7) NOTICE OF SETTING ASIDE OF RESTRAINING ORDER To: [name] of: [address] I, , a *member of the Police Force of the Northern Territory / *person authorised by the Director of Public Prosecutions, give notice that an order has been made by the *Local Court / *Supreme Court under the Criminal Property Forfeiture Act 2002 setting aside the restraining order made by the court on [date] for the restraint of property specified in that order. NOTE: The setting aside of the restraining order means that a person can deal with the property that was restrained under that order unless the property remains restrained under a different order. If the property remains restrained under an order that has not been set aside, the property cannot be dealt with except under the Act or as provided for in the court order. The maximum penalty for dealing with restrained property is: For a natural person – 1 000 penalty units or the value of the property (whichever is greater), or imprisonment for 5 years. For a body corporate – 5 000 penalty units or the value of the property (whichever is greater). Dated 20 . Signed *for Director of Public Prosecutions / *by member of Police Force Attached: copy of court order setting aside the restraining order. * [delete if not applicable] -- 17 of 20 -- Schedule 3 Forms Criminal Property Forfeiture Regulations 2003 16 FORM 8 NORTHERN TERRITORY OF AUSTRALIA Criminal Property Forfeiture Act 2002 regulation 4(8) NOTICE OF EXTENSION OF RESTRAINING ORDER To: [name] of: [address] I, , a *member of the Police Force of the Northern Territory / *person authorised by the Director of Public Prosecutions, give notice that on [date], the *Local Court / *Supreme Court extended the duration of the restraining order made by the court on [date of original order] under the Criminal Property Forfeiture Act 2002 for [period of order] for the restraint of the property specified below: Unless the order is sooner varied or revoked, the order remains in force until AM/PM on [date], and no person may deal with the property except in accordance with the Act. The maximum penalty for dealing with restrained property is: For a natural person – 1 000 penalty units or the value of the property (whichever is greater), or imprisonment for 5 years. For a body corporate – 5 000 penalty units or the value of the property (whichever is greater). Dated 20 . Signed *for Director of Public Prosecutions / *by member of Police Force Attached: copy of court order extending the duration of the restraining order. * [delete if not applicable] -- 18 of 20 -- ENDNOTES Criminal Property Forfeiture Regulations 2003 17 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Criminal Property Forfeiture Regulations (SL No. 45, 2003) Notified 3 September 2003 Commenced 3 September 2003 Statute Law Revision Act (No. 2) 2004 (Act No. 54, 2004) Notified 15 September 2004 Commenced 27 October 2004 (Gaz G43, 27 October 2004, p 3) Justice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010) Notified 20 May 2010 Commenced 1 July 2010 (Gaz G24, 16 June 2010, p 2) Oaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40, 2010) Assent date 18 November 2010 Commenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations Act 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011, p 4) Criminal Property Forfeiture Amendment Regulations 2012 (SL No. 31, 2012) Notified 3 August 2012 Commenced 3 August 2012 Criminal Property Forfeiture Amendment Regulations 2014 (SL No. 7, 2014) Notified 26 March 2014 Commenced 26 March 2014 Criminal Property Forfeiture Amendment Regulations 2015 (SL No. 3, 2015) Notified 29 April 2015 Commenced 29 April 2015 -- 19 of 20 -- ENDNOTES Criminal Property Forfeiture Regulations 2003 18 Local Court (Related Amendments) Act 2016 (Act No. 8, 2016) Assent date 6 April 2016 Commenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34, 29 April 2016) Criminal Property Forfeiture Amendment Regulations 2016 (SL No. 24, 2016) Notified 20 May 2016 Commenced 20 May 2016 Justice Legislation Amendment Regulations 2024 (SL No. 20, 2024) Date made 30 July 2024 Commenced 31 July 2024 (r 2) 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22 or 2018) to: rr 1 and 5 and sch 3. 4 LIST OF AMENDMENTS sch 1 sub No. 31, 2012, r 3 sch 2 amd Act No. 54, 2004, s 8; No. 24, 2016, r 3 sub No. 31, 2012, r 3 amd No. 7, 2014, r 3; No. 3, 2015, r 3 sch 3 amd Act No. 12, 2010, s 3; Act No. 40, 2010, s 126; No. 31, 2012, r 4; Act No. 8, 2016, s 45; No. 20, 2024, r 6 -- 20 of 20 --