Drug Trafficking (Confiscation of Benefits) Bill
Table of Contents
Long Title
Enacting Formula
Part I PRELIMINARY
1 Short title and commencement
2 Interpretation
3 Application
Part II CONFISCATION OF BENEFITS OF DRUG TRAFFICKING
4 Confiscation orders
5 Assessing benefits of drug trafficking
6 Statements relating to drug trafficking
7 Amount to be recovered 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
27 Variation of production order
28 Failure to comply with production order
29 Production orders in relation to foreign offences
30 Production orders in relation to financial institutions
Division 2 — Search powers
31 Authority for search
32 Search warrants in relation to foreign offences
33 Supplementary provisions to sections 26, 27, 29, 31 and 32
34 Supplementary provisions to sections 31 and 32
Division 3 — Obligations of financial institutions
35 Interpretation
36 Retention of records by financial institutions
37 Register of original documents
38 Communication of information by financial institutions to law enforcement agencies
39 Protection for financial institution where information given pursuant to section 38
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
42 Restriction on revealing disclosure under section 41
43 Concealing or transferring benefits of drug trafficking
Part VII MISCELLANEOUS
44 Offence of prejudicing investigation
45 Compensation
46 Standard of proof
47 Conduct by directors, employees or agents
48 Enforcement of external orders
49 Registration of external confiscation orders
50 Evidence of corresponding law
51 Power of arrest
52 Amendment of Schedule
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
Explanatory Statement
Expenditure of Public Money
Table of Derivations