Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act(CHAPTER 84A)
Table of Contents
Long Title
Part I PRELIMINARY
1 Short title and commencement
2 Interpretation
3 Application
Part II CONFISCATION OF BENEFITS OF DRUG TRAFFICKING OR CRIMINAL CONDUCT
4 Confiscation orders
4A Confiscation orders for benefits derived from criminal conduct
4B Live video or live television links
5 Assessing benefits of drug trafficking
5A Assessing benefits derived from criminal conduct
6 Statements relating to drug trafficking or criminal conduct
7 Amount to be recovered under confiscation order
7A Interest on sums unpaid under confiscation order
8 Definition of principal terms used
9 Protection of rights of third party
Part III ENFORCEMENT, ETC., OF CONFISCATION ORDERS
10 Application of procedure for enforcing fines
11 Cases in which restraint orders and charging orders may be made
12 Restraint orders
13 Charging orders in respect of land, securities, etc.
14 Charging orders: supplementary provisions
15 Realisation of property
16 Application of proceeds of realisation and other sums
17 Exercise of powers by High Court or receiver
18 Variation of confiscation orders
19 Bankruptcy of defendant, etc.
20 Winding up of company holding realisable property
21 Receivers: supplementary provisions
Part IV APPLICATION TO ABSCONDED PERSONS
22 Absconded persons
23 Confiscation order where person has absconded
24 Effect of death on proceedings
25 Service of documents on absconders
Part V INFORMATION GATHERING POWERS
Division 1 Production orders
26 Production orders
26A Production orders against financial institution to produce material relating to drug trafficking or criminal conduct
26B (Repealed)
27 Variation of production order
28 Failure to comply with production order
29 (Repealed)
30 (Repealed)
Division 2 Search powers
31 Authority for search
32 (Repealed)
33 Supplementary provisions to sections 26, 27 and 31
34 (Repealed)
Division 3 Obligations of financial institutions
35 Interpretation of this Division
36 Retention of records by financial institutions
37 Register of original documents
38 Duty to disclose knowledge or suspicion
39 Protection where information given pursuant to section 38
39A Communication of information to foreign authority
Division 4 Disclosure of information held by public bodies
40 Disclosure of information held by public bodies
Part VI OFFENCES
41 Assisting another to retain benefits of drug trafficking
41A Assisting another to retain benefits from criminal conduct
42 Restriction on revealing disclosure under sections 41 and 41A
43 Concealing or transferring benefits of drug trafficking
43A Concealing or transferring benefits of criminal conduct
43B Tipping-off
Part VII MISCELLANEOUS
44 Offence of prejudicing investigation
45 Compensation
46 Standard of proof
47 Conduct by directors, employees or agents
48 (Repealed)
49 (Repealed)
50 Evidence of corresponding law or foreign law
50A Proof of convictions and acquittals
51 Powers of arrest and investigations
52 Amendment of Schedules
53 Preservation of secrecy
54 Obstructing authorised officers
55 Sanction of Public Prosecutor
56 Offences committed by body corporate
57 Composition of offences
58 Jurisdiction of Magistrate’s Court and District Court
59 Regulations
60 Rules of Court
FIRST SCHEDULE Drug Trafficking Offences
SECOND SCHEDULE Serious Offences
Legislative History