Crime (Confiscation of Profits) Regulations 1993

Crime (Confiscation of Profits) Regulations 1993

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, hereby make the following regulations under the Crime (Confiscation of Profits) Act 1993 .

P. H. BENNETT

Governor

By His Excellency's Command,

RONALD CORNISH

Minister for Justice

1.   Short title

These regulations may be cited as the Crime (Confiscation of Profits) Regulations 1993 .

2.   Commencement

These regulations take effect on 1 October 1993.

3.   Interpretation

In these regulations –

Act means the Crime (Confiscation of Profits) Act 1993 ;

Australian Capital Territory Act means the Proceeds of Crime Act 1991 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 Crimes (Forfeiture of Proceeds) Act 1988 of the Northern Territory;

[Regulation 3 Amended by S.R. 2001, No. 46, Applied:23 May 2001] [Regulation 3 Amended by S.R. 2003, No. 71, Applied:02 Jul 2003] Queensland Act means the Criminal Proceeds Confiscation Act 2002 of Queensland;

South Australian Act means the Crimes (Confiscation of Profits) Act 1986 of South Australia;

[Regulation 3 Amended by S.R. 2001, No. 46, Applied:23 May 2001] Victorian Act means the Confiscation Act 1997 of Victoria;

[Regulation 3 Amended by S.R. 2001, No. 46, Applied:23 May 2001] West Australian Act means the Criminal Property Confiscation Act 2000 of Western Australia.

4.   Corresponding laws

For the purposes of section 4 of the Act the following are declared to be 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

For the purposes of section 4 of the Act an order in force under any of the following is declared to be an interstate forfeiture order:

(a) section 19 of the Australian Capital Territory Act;

(b) section 18 of the New South Wales Act;

(c) section 5 of the Northern Territory Act;

(d) [Regulation 5 Amended by S.R. 2001, No. 46, Applied:23 May 2001] [Regulation 5 Amended by S.R. 2003, No. 71, Applied:02 Jul 2003] section 58 or 151 of the Queensland Act;

(e) section 5 of the South Australian Act;

(f) [Regulation 5 Amended by S.R. 2001, No. 46, Applied:23 May 2001] section 33 or 38 of the Victorian Act;

(g) [Regulation 5 Amended by S.R. 2001, No. 46, Applied:23 May 2001] section 22, 28 or 30 of the West Australian Act.

6.   Interstate pecuniary penalty order

For the purposes of section 4 of the Act an order in force under any of the following is declared to be an interstate pecuniary penalty order:

(a) section 25 of the Australian Capital Territory Act;

(b) section 24 of the New South Wales Act;

(c) section 10 of the Northern Territory Act;

(d) [Regulation 6 Amended by S.R. 2001, No. 46, Applied:23 May 2001] [Regulation 6 Amended by S.R. 2003, No. 71, Applied:02 Jul 2003] section 78, 184 or 202 of the Queensland Act;

(e) [Regulation 6 Amended by S.R. 2001, No. 46, Applied:23 May 2001] section 59 or 64 of the Victorian Act;

(f) [Regulation 6 Amended by S.R. 2001, No. 46, Applied:23 May 2001] section 12, 16, 17 or 22 of the West Australian Act.

7.   Interstate restraining order

For the purposes of section 4 of the Act an order in force under any of the following is declared to be an interstate restraining order:

(a) section 45 of the Australian Capital Territory Act;

(b) section 43 of the New South Wales Act;

(c) section 14 of the Northern Territory Act;

(d) [Regulation 7 Amended by S.R. 2001, No. 46, Applied:23 May 2001] [Regulation 7 Amended by S.R. 2003, No. 71, Applied:02 Jul 2003] section 31, 37, 122, 129 or 208 of the Queensland Act;

(e) section 6 of the South Australian Act;

(f) [Regulation 7 Amended by S.R. 2001, No. 46, Applied:23 May 2001] section 14 or 18 of the Victorian Act;

(g) [Regulation 7 Amended by S.R. 2001, No. 46, Applied:23 May 2001] section 43 of the West Australian Act.

8.   Notice of application for return of or access to property

(1)  For the purposes of section 46(7) of the Act a notice is to be in accordance with Form 1 .

(2)  A notice referred to in subregulation (1) is to be served on the following:

(a) the Commissioner of Police;

(b) the Director of Public Prosecutions;

(c) any other person as the court may direct.

9.   Forms

A form prescribed by these regulations is to be adopted to comply with any requirements as to format or formal matters as provided for by the rules of court or regulations applicable to the court in connection with which the form is used.

10.   Prescribed purpose under section 79(5)(e) of Act

[Regulation 10 Inserted by S.R. 2002, No. 40, Applied:29 May 2002] The valuation and auctioning of forfeited property by the Director of Public Prosecutions is a prescribed purpose under section 79(5)(e) of the Act.

SCHEDULE 1 - Forms

Regulation 8(1)

Form 1

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 29 September 1993

These regulations are administered in the Department of Justice.