Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act(CHAPTER 65A)
Table of Contents
Long Title
Part I PRELIMINARY
1 Short title
2 Interpretation
3 Application
Part II CONFISCATION OF BENEFITS OF DRUG TRAFFICKING OR CRIMINAL CONDUCT
4 Confiscation orders
5 Confiscation orders for benefits derived from criminal conduct
6 Live video or live television links
7 Assessing benefits of drug trafficking
8 Assessing benefits derived from criminal conduct
9 Statements relating to drug trafficking or criminal conduct
10 Amount to be recovered under confiscation order
11 Interest on sums unpaid under confiscation order
12 Definition of principal terms used
13 Protection of rights of third party
Part III ENFORCEMENT, ETC., OF CONFISCATION ORDERS
14 Application of procedure for enforcing fines
15 Cases in which restraint orders and charging orders may be made
16 Restraint orders
17 Charging orders in respect of land, securities, etc.
18 Charging orders: supplementary provisions
19 Realisation of property
20 Application of proceeds of realisation and other sums
21 Exercise of powers by High Court or receiver
22 Variation of confiscation orders
23 Bankruptcy of defendant, etc.
24 Winding up of company holding realisable property
25 Receivers: supplementary provisions
Part IV APPLICATION TO ABSCONDED PERSONS
26 Absconded persons
27 Confiscation order where person has absconded
28 Effect of death on proceedings
29 Service of documents on absconders
Part V INFORMATION GATHERING POWERS
Division 1 — Production orders
30 Production orders
31 Production orders against financial institution to produce material relating to drug trafficking or criminal conduct
32 Variation of production order
33 Failure to comply with production order
Division 2 — Search powers
34 Authority for search
35 Supplementary provisions to sections 30, 32 and 34
Division 3 — Obligations of financial institutions
36 Interpretation of this Division
37 Retention of records by financial institutions
38 Register of original documents
39 Duty to disclose knowledge or suspicion
40 Protection where information given under section 39
41 Communication of information to foreign authority
Division 4 — Disclosure of information held by public bodies
42 Disclosure of information held by public bodies
Part VI OFFENCES
43 Assisting another to retain benefits of drug trafficking
44 Assisting another to retain benefits from criminal conduct
45 Restriction on revealing disclosure under sections 43 and 44
46 Concealing or transferring benefits of drug trafficking
47 Concealing or transferring benefits of criminal conduct
48 Tipping-off
Part VII MISCELLANEOUS
49 Offence of prejudicing investigation
50 Compensation
51 Standard of proof
52 Conduct by directors, employees or agents
53 Evidence of corresponding law or foreign law
54 Proof of convictions and acquittals
55 Powers of arrest and investigations
56 Preservation of secrecy
57 Obstructing authorised officers
58 Sanction of Public Prosecutor
59 Offences committed by body corporate
60 Composition of offences
61 Jurisdiction of Magistrate’s Court and District Court
62 Rules of Court
63 Amendment of Schedules
64 Regulations
Legislative History
Comparative Table