PROCEEDS OF CRIME REGULATIONS (AMENDMENT) 1994 NO. 17

PROCEEDS OF CRIME REGULATIONS (AMENDMENT) 1994 NO. 17

STATUTORY RULES 1994 No. 17

Issued by the authority of the Minister for Justice

Proceeds of Crime Act 1987

Proceeds of Crime Regulations (Amendment)

Section 104 of the Proceeds of Crime Act 1987 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

The Proceeds of Crime Regulations (Amendment) recognise the newly enacted Crime (Confiscation of Profits) Act 1993 of Tasmania and delete references to the repealed Crimes (Confiscation of Profits) Act 1985 of New South Wales. The regulations also prescribe the Trade Practices Commission as a law enforcement agency, so that it may participate in the distribution of funds from the Confiscated Assets Trust Fund.

Regulation 3 omits the Crimes (Confiscation of Profits) Act 1985 of New South Wales from the list of state Acts in regulation 3 which are declared to be laws which correspond to the Proceeds of Crime Act 1987, and adds the Crime (Confiscation of Profits) Act 1993 of Tasmania to this list.

Regulation 4 omits section 5(1) of the Crimes (Confiscation of Profits) Act 1985 of New South Wales from the list of orders in regulation 4 which are declared to be interstate forfeiture orders and adds section 16 of the Crime (Confiscation of Profits) Act 1993 of Tasmania to this list.

Regulation 5 omits section 10(1) of the Crimes (Confiscation of Profits) Act 1985 of New South Wales from the list of orders in regulation 5 which are declared to be interstate pecuniary penalty orders and adds section 21 of the Crime (Confiscation of Profits) Act 1993 of Tasmania to this list.

Regulation 6 omits section 12(2) of the Crimes (Confiscation of Profits) Act 1985 of New South Wales from the list of orders in regulation 6 which are declared to be interstate restraining orders and adds section 26 of the Crime (Confiscation of Profits) Act 1993 of Tasmania to this list.

Regulation 16 adds the Trade Practices Commission to the list of prescribed law enforcement agencies in regulation 16. This allows the Trade Practices Commission to participate in the distribution of funds from the Confiscated Asset Trust Fund.

The regulations commenced on gazettal.