PROCEEDS OF CRIME REGULATIONS (AMENDMENT) 1994 NO. 238

PROCEEDS OF CRIME REGULATIONS (AMENDMENT) 1994 NO. 238

Statutory Rules 1994 No. 238

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, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

The Proceeds of Crime Regulations (Amendment) will increase the levels of remuneration of the Official Trustee for any work done under the Act to bring the levels into line with proposed amendments to the Bankruptcy Rules. The current levels of remuneration under the regulations mirror the Official Receiver's charges and fees under rule 161B of the Bankruptcy Rules. The charges and fees in rule 161B will be increased on 1 July 1994 to reflect movements in the Consumer Price Index. The Proceeds of Crime Regulations (Amendment) will ensure that the hourly rates remain the same under both pieces of legislation.

Clause 1 of the amending regulations provides that the regulations shall commence on 1 July 1994.

Clause 2 of the amending regulations is a procedural clause.

Clause 3.1 amends subparagraph 8(1)(a) of the Proceeds of Crime Regulations ('the regulations') so that the level of remuneration for a Level 1 officer in the Senior Executive Service of the Australian Public Service ('the APS') employed by the Official Trustee, or an officer of higher classification in the APS, is increased from $150 per hour or part of an hour to $200 per hour or part of an hour.

Clause 3.2 amends subparagraph 8(1)(b) of the regulations so that the level of remuneration for a Senior Officer, Grade C in the APS employed by the Official Trustee, or an officer of higher classification in the APS who is not referred to in subparagraph 8(1)(a), is increased from $100 per hour or part of an hour to $135 per hour or part of an hour.

Clause 3.3 amends subparagraph 8(1)(c) of the regulations so that the level of remuneration for an Administrative Service Officer, Class 6 in the APS employed by the Official Trustee, or an officer of lower classification in the APS, is increased from $75 per hour or part of an hour to $100 per hour or part of an hour.