Crime (Confiscation of Profits) Regulations 2004

Crime (Confiscation of Profits) Regulations 2004

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 .

W. J. E. COX

Lieutenant-Governor

By His Excellency's Command,

JUDY JACKSON

Minister for Justice and Industrial Relations

1.   Short title

These regulations may be cited as the Crime (Confiscation of Profits) Regulations 2004 .

2.   Commencement

These regulations take effect on 1 January 2005.

3.   Interpretation

In these regulations –

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 1996 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

For the purposes of section 4 of the Act, the following are declared to be laws that correspond to the Act:

(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 54, 59, 60, 67 or 250 of the Australian Capital Territory Act;

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

(c) section 94, 96, 97, 99, 100 or 101 of the Northern Territory Act;

(d) section 58 or 151 of the Queensland Act;

(e) section 8 or 9 of the South Australian Act;

(f) section 33 or 38 of the Victorian Act;

(g) 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 84, 85 or 250 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 59 or 64 of the Victorian Act;

(e) 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 30, 31 or 39 of the Australian Capital Territory Act;

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

(c) section 40, 43 or 44 of the Northern Territory Act;

(d) section 31, 37, 122, 129 or 208 of the Queensland Act;

(e) section 15 of the South Australian Act;

(f) section 14 or 18 of the Victorian Act;

(g) 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

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 24 November 2004

These regulations are administered in the Department of Justice.