CONFISCATION ACT 1997 - SECT 157 Transitional provisions—Enactment of Confiscation Act 1997

CONFISCATION ACT 1997 - SECT 157

S. 157(1) amended by No. 43/1998

s. 37.

    (1)     Subject to subsections (2) and (4), this Act applies with respect to forfeiture offences (other than civil forfeiture offences for the purposes of civil forfeiture) and interstate offences for which a criminal proceeding is commenced, or is to be commenced, after the commencement of Part 2, irrespective of when the offence to which the proceeding relates is alleged to have been committed.

    (2)     This Act applies with respect to civil forfeiture offences for the purposes of civil forfeiture only if they are alleged to have been committed after the commencement of Part 4.

    (3)     For the purposes of subsection (2), if an offence is alleged to have been committed between two dates and Part 4 commences on a date between those two dates, the offence is alleged to have been committed before the commencement of that Part.

    (4)     Part 10 applies with respect to forfeiture offences of which a person is convicted after the commencement of that Part, irrespective of when the offence is alleged to have been committed.

S. 157(4A) inserted by No. 80/1998

s. 5(1).

    (4A)     The Crimes (Confiscation of Profits) Act 1986 continues to apply, despite its repeal, with respect to serious offences and interstate serious offences within the meaning of that Act for which a criminal proceeding was commenced before the commencement of Part 2 of this Act (irrespective of whether any conviction of that offence for the purposes of that Act occurs before or after the commencement of that Part) as if that Act had not been repealed.

S. 157(4B) inserted by No. 80/1998

s. 5(1).

    (4B)     Without limiting subsection (4A)—

        (a)     any application, appeal or order may be made, direction given, warrant issued or other thing done under the Crimes (Confiscation of Profits) Act 1986 that could have been made, given, issued or done under that Act had it not been repealed; and

        (b)     anything made, given, issued or done under that Act after its repeal by virtue of this section has the like effect as it would have had if that Act had not been repealed.

    (5)     The repeal by this Act of a provision of the Crimes (Confiscation of Profits) Act 1986 does not affect any application made to a court under that provision before its repeal and that application may continue to be dealt with and determined, or may be withdrawn, as if this Act had not been passed.

    (6)     The repeal by this Act of a provision of the Crimes (Confiscation of Profits) Act 1986 does not affect any order made by a court (or any order that by force of that Act is to be taken to be an order made by a court) under that provision before its repeal, or after its repeal on an application to which subsection (5) applies, and that order continues to have effect and may be varied, discharged, set aside or appealed against under that Act as if this Act had not been passed.

    (7)     The repeal by this Act of a provision of the Crimes (Confiscation of Profits) Act 1986 does not affect any warrant issued, or any interstate forfeiture order or interstate restraining order registered, under that provision before its repeal, or after its repeal on an application to which subsection (5) applies, and that warrant may be executed, or the registration of that order cancelled, under that Act as if this Act had not been passed.

    (8)     The repeal by this Act of section 15A of the Crimes (Confiscation of Profits) Act 1986 does not affect the existence of the Crime Prevention and Victims' Aid Fund in the Public Account and all money standing to the credit of the Fund immediately before that repeal remains in the Fund and may be dealt with in accordance with this Act.

    (9)     All money realised after the commencement of section 150(2) under a confiscation order made under the Crimes (Confiscation of Profits) Act 1986 that, if that section had not come into operation, would have been paid into the Crime Prevention and Victims' Aid Fund or the Drug Rehabilitation and Research Fund under section 125 or 126 of the Drugs, Poisons and Controlled Substances Act 1981 must be paid into that Fund.

S. 157(10) repealed by No. 10/2007 s. 5.

    *     *     *     *     *

S. 157(10A) inserted by No. 44/1999 s. 33(1).

    (10A)     Item 18 of Schedule 1 to this Act (as inserted in that Schedule by section 33(2) of the Prostitution Control (Amendment) Act 1999 ) applies with respect to offences against section 123 of this Act of which a person is convicted after the commencement of section 33(2) of that Act, irrespective of when the offence is alleged to have been committed.

    (11)     The provisions of this section are in addition to, and not in derogation from, the provisions of the Interpretation of Legislation Act 1984 .

S. 157(12) inserted by No. 80/1998

s. 5(2).

    (12)     A reference in this section to the Crimes (Confiscation of Profits) Act 1986 is a reference to that Act as in force immediately before its repeal.

S. 157(13) inserted by No. 80/1998

s. 5(2).

    (13)     The amendments made to this section by section 5 of the Crimes, Confiscation and Evidence Acts (Amendment) Act 1998 do not affect the rights of the parties that were the subject of the proceeding known as Martin v Cooper and Martin heard in the Magistrates' Court at Melbourne and determined on 7 October 1998.

S. 157(14) inserted by No. 68/2010 s. 67(2).

    (14)     In this section, a reference to Part 4 does not include Part 4 as substituted by section 49 of the Confiscation Amendment Act 2010 .

S. 158 inserted by No. 63/2003 s. 42.