Reprint as at 1 October 2008

Proceeds of Crime Act 1991

Public Act	1991 No 120
Date of assent	9 December 1991

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

This Act is administered in the Ministry of Justice.

Title

1 Short Title and commencement

Part 1
Preliminary provisions

Interpretation

2 Interpretation

3 Meaning of conviction, etc, of an offence

4 Meaning of absconding

5 Meaning of dealing with property

Application

6 Act to bind the Crown

7 Application

Part 2
Confiscation

Applications for confiscation orders

8 Application for confiscation order

9 Application to identify tainted property or benefit

10 Notice of application

11 Notice of application may be recorded on register

12 Amendment of application

13 Making of confiscation order where person has absconded

14 Procedure on application

Forfeiture orders

15 Forfeiture orders

16 Effect of forfeiture order

17 Third parties may apply for relief

18 Court may grant relief to third party

19 Discharge of forfeiture order on appeal or by quashing of conviction

20 Minister may apply for directions

21 Double benefit not permitted

22 Person may buy back interest in forfeited property

23 Buying out other interests in forfeited property

Registered foreign forfeiture orders

23A Registered foreign forfeiture orders

23B Third parties to be notified of registration of foreign forfeiture order

23C Third parties may apply for relief

23D Court may grant relief to third party

Pecuniary penalty orders

24 Application

25 Pecuniary penalty orders

26 Variation of pecuniary penalty order

27 Assessment of pecuniary penalty

28 Further provisions relating to assessment of pecuniary penalty

29 Court may lift corporate veil, etc

29A Registered foreign pecuniary penalty orders

Part 3
Search warrants

Issue of search warrants

30 Warrant to search and seize tainted property

31 Form and content of search warrant

32 Powers conferred by warrant

32A Power to stop vehicles

33 Person executing warrant to produce evidence of authority

34 Notice of execution of warrant

35 Commissioner of Police to hold property

Dealing with seized property

36 Return of seized property

37 Retention of seized property where forfeiture order or restraining order made

38 Application for return of seized property

Search warrants in relation to foreign offences

38A Search warrant may be issued in relation to foreign offence

38B Powers conferred by warrant in relation to foreign serious offence

38C Return of seized property

38D Retention of seized property

38E Application for return of seized property

Part 4
Restraining orders

Applications for restraining orders

39 Application for restraining order

40 Notice of application

41 Ex parte application for restraining order

Granting of restraining orders

42 Court may make restraining order

43 Grounds for making restraining order

44 Restraining orders where defendant not charged with or convicted of offence

45 Undertakings as to damages or costs

46 Notice of restraining orders

Further orders

47 Further orders

48 Application for exclusion of interest from restraining order

49 Admissibility of evidence

Operation of restraining orders

50 Powers of Official Assignee

51 Official Assignee to discharge pecuniary penalty order

52 Further provisions relating to discharge of pecuniary penalty order

53 Payment to Crown discharges pecuniary penalty order

54 Official Assignee to discharge forfeiture order

55 Charge on property subject to restraining order

56 Registration of charge created by restraining order

57 Registration of restraining orders

58 Contravention of restraining orders

59 Disposition or dealing may be set aside

60 Bankruptcy

61 Official Assignee not liable for payment of rates, etc, on property subject to restraining order

62 Indemnity for Official Assignee

63 Costs recoverable by Official Assignee

Revocation and termination of restraining orders

64 Revocation of restraining order

65 Duration and termination of restraining order

66 Extension of operation of restraining order

Foreign restraining orders

66A Interim restraining order in respect of foreign serious offence

66B Registered foreign restraining orders

66C Management of property under registered foreign restraining order

66D Undertakings as to damages or costs in relation to foreign restraining order

66E Official Assignee to discharge foreign pecuniary penalty order

66F Payment to Crown discharges foreign pecuniary penalty order

66G Charge on property subject to foreign restraining order

66H Registration of charge created by foreign restraining order

Part 5
Information gathering powers

Interpretation

67 Interpretation

Production orders

68 Application for production order

69 Court may make production order

70 Time and place of production

71 Powers and duties of Police employees under production order

72 Production order to operate notwithstanding any other enactment or rule of law

73 Production order not to override certain enactments

74 Legal professional privilege

75 Variation of production orders

76 Failure to comply with production order

76A Production orders in relation to foreign serious offences

Monitoring orders

77 Monitoring orders

78 Failure to comply with monitoring order

79 Compliance with monitoring order not actionable

80 Monitoring order not to be disclosed

81 Offence to disclose existence or operation of monitoring order

81A Monitoring orders in relation to foreign offences

Part 6
Miscellaneous provisions

Appeals

82 Appeals

83 Procedure on appeal

Miscellaneous provisions

84 Dealings with forfeited property

85 Standard of proof

86 Delegation by Official Assignee

87 Revocation of delegations

88 Costs

89 Regulations

90 Rules of procedure

91 Operation of other laws not affected

92 Summary Proceedings Act 1957 amended

Reprint notes

An Act—

(a) To provide for confiscation of the proceeds of serious criminal offending; and

(b) To provide for matters incidental thereto

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Proceeds of Crime Act 1991 No 120 (as at 01 October 2008), Public Act

Proceeds of Crime Act 1991

Note

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