Crime (Confiscation of Profits) Regulations 2014
I, the Lieutenant-Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Crime (Confiscation of Profits) Act 1993.
Dated 17 November 2014.
A. M. BLOW
Lieutenant-Governor
By His Excellency’s Command,
DR. VANESSA GOODWIN
Minister for Justice
1. Short title
2. Commencement
3. Interpretation
Act means the Crime (Confiscation of Profits) Act 1993;
Australian Capital Territory Act means the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory;
New South Wales Act means the Confiscation of Proceeds of Crime Act 1989 of New South Wales;
Northern Territory Act means the Criminal Property Forfeiture Act of the Northern Territory;
Queensland Act means the Criminal Proceeds Confiscation Act 2002 of Queensland;
South Australian Act means the Criminal Assets Confiscation Act 2005 of South Australia;
Victorian Act means the Confiscation Act 1997 of Victoria;
West Australian Act means the Criminal Property Confiscation Act 2000 of Western Australia.
4. Corresponding laws
(a) the Australian Capital Territory Act;
(b) the New South Wales Act;
(c) the Northern Territory Act;
(d) the Queensland Act;
(e) the South Australian Act;
(f) the Victorian Act;
(g) the West Australian Act.
5. Interstate forfeiture order
(a) section 54, 59, 60 or 250 of the Australian Capital Territory Act;
(ab) section 98D of the Australian Capital Territory Act if the order under that section results in the application of section 98G of that Act to restrained property within the meaning of that Act;
(b) a restraining order under section 30 of the Australian Capital Territory Act (after the relevant period of time as provided for by section 62 of that Act has elapsed);
(c) a restraining order under section 31 of the Australian Capital Territory Act (after the relevant period of time as provided for by section 58 of that Act has elapsed);
(d) section 18 of the New South Wales Act;
(e) section 96(1), 97, 99, or 100 of the Northern Territory Act;
(f) section 58 or 151 of the Queensland Act;
(g) section 47 of the South Australian Act;
(h) section 33, 34, 36, 38 or 39 of the Victorian Act;
(i) section 28 or 30 of the West Australian Act.
6. Interstate pecuniary penalty order
(a) section 84 of the Australian Capital Territory Act;
(b) section 24 of the New South Wales Act;
(c) section 78, 184 or 202 of the Queensland Act;
(d) section 95 or 111 of the South Australian Act;
(e) section 59 or 60 of the Victorian Act;
(f) section 16 or 17 of the West Australian Act.
7. Interstate restraining order
(a) section 30, 31, 32A or 39 of the Australian Capital Territory Act;
(b) section 22, 42M, 42V, 43 or 45 of the New South Wales Act;
(c) section 40, 43 or 44 (if subsection (1)(b) (i), (ii) or (iii) or subsection (1)(c) of section 44 applies in respect of the restraining order under that section) of the Northern Territory Act;
(d) section 31, 37, 122, 129 or 208 of the Queensland Act;
(e) section 24 or 40 of the South Australian Act;
(f) section 18, 26, 31F, 36M or 36W of the Victorian Act;
(g) section 43 of the West Australian Act.
8. Notice of application for return of or access to property
(1) In this regulation –
court of application means the court in which the application to which the notice relates is made.
(2) For the purposes of section 46(7) of the Act, a notice is to be in accordance with Form 1.
(3) Despite subregulation (2), the form of a notice for the purposes of section 46(7) is to be adapted to comply with any requirements as to format, or formal matters, provided for by rules of court, or regulations, that are applicable in respect of the court of application.
(4) For the purposes of section 46(7) of the Act, a notice referred to in subregulation (2) is to be served on the following:
(a) the Commissioner of Police;
(b) the DPP;
(c) any other person on whom the court directs the notice is to be served.
9. Prescribed purpose under section 79(5)(e) of Act
(a) the following actions by the DPP:
(i) the valuation and auctioning, or sale, of forfeited property under the Act;
(ii) the investigation, and prosecution, of an unlawful activity, if the unlawful activity is the subject of proceedings under the Act or a corresponding law;
(aab) the reimbursement to the DPP of the reasonable costs or expenses incurred by the DPP in the exercise of powers, and the undertaking of proceedings, under the Act;
(ab) the reimbursement to the Public Trustee of any reasonable costs or expenses, incurred by the Public Trustee as a result of having control or management of property under Part 3 or 9 of the Act, that are not otherwise reimbursed under the Act;
(b) the payment of extraordinary costs associated with obtaining forensic accounting services in relation to possible applications under section 11 of the Act.
10. Maximum value of property to be protected
(1) In this regulation –
protected amount means the maximum value of ordinary tools of trade that are to be protected from restraint or forfeiture under the Act.
(2) For the purposes of section 191(3)(a) of the Act, the protected amount under section 191(2)(a) is –
(a) in the case of the financial year commencing on 1 July 2014, $3 650 per person; and
(b) for the financial year commencing on 1 July 2015 and for each subsequent financial year, the amount per person calculated in accordance with the following formula and rounded off in accordance with subregulation (3):
where –
A is the value in dollars of the protected amount per person for the relevant financial year being calculated;
B is $3 650;
C is the value of the CPI figure for Hobart, that is referred to as the index number, published by the Australian Bureau of Statistics for the December quarter immediately preceding the financial year in which the protected amount is to apply;
D is the value of the CPI figure for Hobart, that is referred to as the index number, published by the Australian Bureau of Statistics for the December quarter 2013.
(3) If the value of the protected amount, calculated in accordance with the formula specified in subregulation (2) is not a multiple of $10, the amount is to be rounded down to the nearest multiple of $10.
