CONFISCATION OF CRIMINAL ASSETS REGULATION 2003 - made under the Confiscation of Criminal Assets Act 2003 - TABLE OF PROVISIONS PART 1--PRELIMINARY 1. Name of regulation 3. Notes PART 2--CORRESPONDING LAWS AND ORDERS 4. Corresponding laws--Act, dict, def corresponding law 5. Corresponding law orders--Act, dict, def interstate restraining 6. Corresponding law orders--Act, dict, def interstate automatic forfeiture 7. Corresponding law orders--Act, dict, def interstate civil forfeiture 8. Corresponding law orders--Act, dict, def interstate conviction forfeiture 9. Corresponding law orders--Act, dict, def interstate penalty PART 3--MISCELLANEOUS 10. Police officer to give DPP notice of proposal to restrain property 11. Other narcotic substances--Act, s 90, def narcotic 12. Confiscated assets trust fund--public trustee's annual management SCHEDULE 1 ENDNOTES CONFISCATION OF CRIMINAL ASSETS REGULATION 2003 - REG 1 Name of regulation This regulation is the Confiscation of Criminal Assets Regulation 2003. CONFISCATION OF CRIMINAL ASSETS REGULATION 2003 - REG 3 Notes A note included in this regulation is explanatory and is not part of this regulation. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. CONFISCATION OF CRIMINAL ASSETS REGULATION 2003 - REG 4 Corresponding laws--Act, dict, def corresponding law The following laws are declared to be corresponding laws: (a) Confiscation of Proceeds of Crime Act 1989 (NSW); (b) Criminal Assets Recovery Act 1990 (NSW); (c) Confiscation Act 1997 (Vic); (d) Criminal Proceeds Confiscation Act 2002 (Qld); (e) Criminal Property Confiscation Act 2000 (WA); (f) Criminal Assets Confiscation Act 1996 (SA); (g) Crime (Confiscation of Profits) Act 1993 (Tas); (h) Criminal Property Forfeiture Act 2002 (NT). CONFISCATION OF CRIMINAL ASSETS REGULATION 2003 - REG 5 Corresponding law orders--Act, dict, def interstate restraining order (1) Corresponding law orders under the following provisions are prescribed: (a) Confiscation of Proceeds of Crime Act 1989 (NSW), section 43; (b) Criminal Assets Recovery Act 1990 (NSW), section 10; (c) Confiscation Act 1997 (Vic), section 18; (d) Criminal Proceeds Confiscation Act 2002 (Qld), section 31, section 122 and section 208 (6); (e) Criminal Property Confiscation Act 2000 (WA), section 34 and section 43; (f) Criminal Assets Confiscation Act 1996 (SA), section 15; (g) Crime (Confiscation of Profits) Act 1993 (Tas), section 26; (h) Criminal Property Forfeiture Act 2002 (NT), section 40, section 43 and section 44. (2) The following corresponding law orders are also prescribed: (a) an order consenting to the making of an order prescribed under subsection (1); (b) an order varying an order prescribed under subsection (1); (c) an order varying the property to which an order prescribed under subsection (1) relates. CONFISCATION OF CRIMINAL ASSETS REGULATION 2003 - REG 6 Corresponding law orders--Act, dict, def interstate automatic forfeiture decision (1) Corresponding law orders under the following provisions are prescribed: (a) Criminal Proceeds Confiscation Act 2002 (Qld), section 163; (b) Confiscation Act 1997 (Vic), section 35; (c) Criminal Property Confiscation Act 2000 (WA), section 7 and section 8; (d) Criminal Property Forfeiture Act 2002 (NT), section 94. (2) The following corresponding law orders are also prescribed: (a) an order varying an order prescribed under subsection (1); (b) an order varying the property to which an order prescribed under subsection (1) relates. CONFISCATION OF CRIMINAL ASSETS REGULATION 2003 - REG 7 Corresponding law orders--Act, dict, def interstate civil forfeiture order (1) Corresponding law orders under the following provisions are prescribed: (a) Criminal Assets Recovery Act 1990 (NSW), section 22; (b) Confiscation Act 1997 (Vic), part 4; (c) Criminal Proceeds Confiscation Act 2002 (Qld), section 58; (d) Criminal Property Confiscation Act 2000 (WA)-- (i) section 22 if the order is made otherwise than in relation to a relevant confiscation offence for which a person has been convicted; and (ii) section 28 if the order is made otherwise than in relation to a relevant confiscation offence for which a person has been convicted; (e) Criminal Property Forfeiture Act 2002 (NT), section 96 and section 97. (2) The following corresponding law orders are also prescribed: (a) an order consenting to the making of an order prescribed under subsection (1); (b) an order varying an order prescribed under subsection (1); (c) an order varying the property to which an order prescribed under subsection (1) relates. CONFISCATION OF CRIMINAL ASSETS REGULATION 2003 - REG 8 Corresponding law orders--Act, dict, def interstate conviction forfeiture order (1) Corresponding law orders under the following provisions are prescribed: (a) Criminal Assets Recovery Act 1990 (NSW), section 18; (b) Confiscation Act 1997 (Vic), division 3.1; (c) Criminal Proceeds Confiscation Act 2002 (Qld), section 151; (d) Criminal Property Confiscation Act 2000 (WA)-- (i) section 22 if the order is made in relation to a relevant confiscation offence for which a person has been convicted; and (ii) section 28 if the order is made in relation to a relevant confiscation offence for which a person has been convicted; (e) Criminal Assets Confiscation Act 1996 (SA), section 8; (f) Crime (Confiscation of Profits) Act 1993 (Tas), section 16. (2) The following corresponding law orders are also prescribed: (a) an order consenting to the making of an order prescribed under subsection (1); (b) an order varying an order prescribed under subsection (1); (c) an order varying the property to which an order prescribed under subsection (1) relates. CONFISCATION OF CRIMINAL ASSETS REGULATION 2003 - REG 9 Corresponding law orders--Act, dict, def interstate penalty order (1) Corresponding law orders under the following provisions are prescribed: (a) Confiscation of Proceeds of Crime Act 1989 (NSW), section 24 and section 29; (b) Criminal Assets Recovery Act 1990 (NSW), section 27; (c) Confiscation Act 1997 (Vic), part 8; (d) Criminal Proceeds Confiscation Act 2002 (Qld), section 78, section 184 and section 202; (e) Criminal Property Confiscation Act 2000 (WA), section 12, section 16, section 17 and section 22; (f) Criminal Assets Confiscation Act 1996 (SA), section 9; (g) Crime (Confiscation of Profits) Act 1993 (Tas), section 21; (h) Criminal Property Forfeiture Act 2002 (NT), section 71, section 75, section 76 and section 81. (2) The following corresponding law orders are also prescribed: (a) an order consenting to the making of an order prescribed under subsection (1); (b) an order varying an order prescribed under subsection (1). CONFISCATION OF CRIMINAL ASSETS REGULATION 2003 - REG 10 Police officer to give DPP notice of proposal to restrain property (1) If a police officer proposes that property should be restrained under the Act, a police officer must give the director of public prosecutions written notice of-- (a) the property to which the proposal relates; and (b) the name and address of anyone whom the police officer believes has an interest in the property. Note If a form is approved under the Act, s 259 for a notice, the form must be used. (2) The notice may include any other information the police officer considers appropriate. (3) A failure by a police officer to comply with this section does not invalidate an application for a restraining order under the Act. CONFISCATION OF CRIMINAL ASSETS REGULATION 2003 - REG 11 Other narcotic substances--Act, s 90, def narcotic substance The substances mentioned in schedule 1 are prescribed. CONFISCATION OF CRIMINAL ASSETS REGULATION 2003 - REG 12 Confiscated assets trust fund--public trustee's annual management fee--Act, s 132 (1) (d) The annual fee is 1.1% of the amount paid into the trust fund each financial year. CONFISCATION OF CRIMINAL ASSETS REGULATION 2003 - SCHEDULE 1 Schedule 1 Other narcotic substances (see s 11) column 1 item column 2 substance 1 1.4 Butandiol 2 2,5-Dimethoxy-4-Methyl Amphetamine 3 3-Methylfentanyl 4 Acetorphine 3 3-Methylfentanyl 4 Acetorphine 5 Alphamethyl 6 Amphetamine 7 Benzylmorphine 8 Cannabis 9 Cocaine 10 Codeine 11 Dexamphetamine 12 Diacetylmorphine (Heroin) 13 Dihydromorphine 14 DMA (2,5-Dimethoxyamphetamine) 15 DOET (2,5-Dimethoxy-4-Ethyl Amphetamine) 16 Ethylmorphine 17 Fentanyl 18 Hydroxy Amphetamine 19 Ketamine 20 Lysergide (LSD) 21 MBDB (N-Methyl-3,4-Methylenedioxyphenyl-2-Butanamine) 22 MDA (3,4-Methylene Dioxy Amphetamine) 23 MDMA (Ecstasy) (3,4-Methylene Dioxymethamphetamine) 24 Methadone 25 Methamphetamine 26 Methaqualone 27 Methyl Amphetamine 28 Morphine 29 Nexus (4-Bromo-2,5-Dimethoxyphenethylamine) 30 Opium 31 PCP (Phencycladine),(1-(1-Phenylcyclohexyl)Piperadine) 32 Pethidine 33 Racemate CONFISCATION OF CRIMINAL ASSETS REGULATION 2003 - NOTES Endnotes Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office. Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key am = amended ord = ordinance amdt = amendment orig = original ch = chapter par = paragraph/subparagraph def = definition pres = present dict = dictionary prev = previous disallowed = disallowed by the Legislative (prev...) = previously Assembly pt = part div = division r = rule/subrule exp = expires/expired renum = renumbered Gaz = gazette reloc = relocated hdg = heading R[X] = Republication No IA = Interpretation Act 1967 RI = reissue ins = inserted/added s = section/subsection LA = Legislation Act 2001 sch = schedule LR = legislation register sdiv = subdivision LRA = Legislation (Republication) Act 1996 sub = substituted mod = modified/modification SL = Subordinate Law o = order underlining = whole or part not commenced om = omitted/repealed or to be expired 3 Legislation history This regulation was originally the Confiscation of Criminal Assets Regulations 2003. It was renamed under the Legislation Act 2001. Confiscation of Criminal Assets Regulation 2003 SL2003-25 notified LR 14 August 2003 s 1, s 2 commenced 14 August 2003 (LA s 75 (1)) remainder commenced 15 August 2003 (s 2 and see Confiscation of Criminal Assets Act 2003 A2003-8, s 2 and CN2003-7) 4 Amendment history Name of regulations 1 am R2 LA Commencements 2 om LA s 89 (4) 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Except for the footer, electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R115 Aug 2003 15 Aug 2003-31 Oct 2004 not amended new regulation (c) Australian Capital Territory 2004 CONFISCATION OF CRIMINAL ASSETS REGULATION 2003 - NOTES Australian Capital Territory SL2003-25 Republication No 2 Effective: 1 November 2004 Republication date: 1 November 2004 Regulation not amended(republication includes editorial amendments under Legislation Act)Unauthorised version prepared by ACT Parliamentary Counsel's Office About this republication The republished law This is a republication of the Confiscation of Criminal Assets Regulation 2003, made under the Confiscation of Criminal Assets Act 2003 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 November 2004. It also includes any commencement, repeal or expiry affecting the republished law. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): o authorised republications to which the Legislation Act 2001 applies o unauthorised republications. The status of this republication appears on the bottom of each page. Editorial amendments The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication includes amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95. Penalties The value of a penalty unit for an offence against this republished law at the republication date is-- (a) if the person charged is an individual--$100; or (b) if the person charged is a corporation--$500. Australian Capital Territory Confiscation of Criminal Assets Regulation 2003 Endnotes Australian Capital Territory Confiscation of Criminal Assets Regulation 2003