Victorian Consolidated Legislation

Confiscation Act 1997 - SCHEDULE 1

OFFENCES-FORFEITURE ON COURT ORDER

1. An indictable offence against the law of Victoria.
2. A Schedule 2 offence.

3. An offence against section 34(1)(c) of the Aboriginal Heritage Act 2006
(buying or selling an Aboriginal object).

4. An offence against any of the following provisions of the
Casino Control Act 1991:

   (a)  section 79A(1) (special employee accepting gratuities etc.);

   (b)  section 120 (wilfully evading fees etc.);

   (c)  section 153B (forgery etc.).
5. An offence against any of the following provisions of the
Classification (Publications, Films and Computer Games) (Enforcement) Act 1995:

   (a)  section 8 (exhibition of RC and X 18+ films);

   (b)  section 9 (exhibition of unclassified, RC, X 18+, R 18+ and MA 15+
        films);

   (c)  section 15(1) or (2) (selling unclassified, RC and X 18+ films);



   (d)  section 23(1) or (2) (possession or copying of unclassified, RC and X
        18+ films for purpose of sale or exhibition);

   (da) section 23A(4) or (5) (possession or copying of commercial quantity of
        X 18+ films);



   (e)  section 24(1) (making objectionable film);

   (f)  section 25(1) (sale of unclassified or RC publication);

   (g)  section 31(1) (possession or copying of unclassified or RC publication
        for purpose of sale);

   (h)  section 32(1) (producing objectionable publication);

   (i)  section 34 (sale or demonstration of computer game);

   (j)  section 36(1) (sale or demonstration of unclassified or RC computer
        game);

   (k)  section 45(1) or (2) (possession or copying of unclassified or RC
        computer game for purpose of sale or demonstration);

   (l)  section 57(1) (publication or transmission of objectionable material).
5A. An offence against section 54(5) of the Dangerous Goods Act 1985 (selling
or otherwise dealing with an unauthorised explosive).

6. An offence against any of the following provisions of the Fisheries Act
1968:

   (a)  section 13C(8) (exceeding abalone catch quota);

   (b)  section 13D(4) (possessing abalone without prescribed abalone docket);

   (c)  section 17(1), (1A), (1B) or (1C) (unlicensed operation; exceeding bag
        limit of abalone; failure to comply with abalone processor's or
        storer's licence; scalloping in Port Phillip Bay);

   (d)  section 37 (destruction of boundary marks);

   (e)  section 52 (using prohibited equipment);

   (f)  section 59 (using poison to take fish);

   (g)  section 60(1) (use of explosives);

   (h)  section 61(1) or (3) (taking undersize fish) where the penalty imposed
        is 50 penalty units or more;

   (i)  section 61B (possessing abalone in excess of bag limit) where the
        penalty imposed is 50 penalty units or more;

   (j)  section 63(1) (poisoning or polluting waters containing fish);

   (k)  section 68(3) (failure to comply with notice to cease poisoning waters
        containing fish).
7. An offence against any of the following provisions of the
Fisheries Act 1995:

   (a)  section 36(1) (unauthorised commercial fishing activities);

   (b)  section 37(1) (offences relating to commercial abalone equipment);

   (c)  section 39(1), (2) or (3) (restrictions concerning access licences);

   (d)  section 40(1) (receipt, consignment etc. of fish);

   (e)  section 42(1) (offences relating to aquaculture and live fish etc.);

   (f)  section 53(1) or (4) (failure to comply with licence or permit
        conditions);

   (g)  section 66(1) (holder of access licence exceeding permitted amount);

   (ga) section 66A(1) (taking fish during quota period in excess of notice
        specification);

   (h)  section 67(3) (contravention of regulation or fisheries notice
        prohibition);

   (i)  section 68A(1), (2), (4B) or (5) (offences in relation to size and
        catch limits);

   (j)  section 68B(1) (possession of fish taken from non-Victorian waters in
        contravention of permitted size or amount);

   (k)  section 71(1) (unauthorised taking etc. of protected aquatic biota);

   (l)  section 76 (offences concerning noxious aquatic species);

   (la) section 99(1) (failure to keep document in relation to receipt of
        priority species);

   (lb) section 108A(5) (failure to comply with retention notice);

   (m)  section 112(1) or (2) (use of explosives, poisons, substances or
        equipment for fishing);

   (n)  section 113(1) (interference with lawful fishing activities or
        aquaculture activities);

   (o)  section 114(3) (contravention of regulation or fisheries notice
        prohibition);

   (p)  section 115 (interference with commercial fishing equipment or
        aquaculture equipment);

   (q)  section 116(1) (possession or sale of fish taken in contravention of
        Act or corresponding law);

   (r)  section 117(1) (use of foreign boat for fishing);

   (s)  section 118(1) (having foreign boat equipped with commercial fishing
        equipment);

   (t)  section 119(1) (blocking passage of fish);

   (ta) section 119A (knowingly make false or misleading statements in
        relation to priority species).

   (u)  section 130(4) (failure to comply with order prohibiting person from
        being on certain boats or in certain places);

   (ua) section 130A(5) (failure to comply with court order prohibiting
        fishing activity or possession of fish or equipment);

   (ub) section 130B(6) (failure to comply with court order prohibiting person
        from being in or on specified waters);

   (v)  section 139 (taking fish etc. from research station or hatchery on
        Crown land);

   (w)  section 147 (improper use of information).
8. An offence against any of the following provisions of the
Flora and Fauna Guarantee Act 1988:

   (a)  section 47(1) (offences relating to protected flora);

   (b)  section 52(1) (taking, trading in or keeping listed fish).
9. An offence against any of the following provisions of the Forests Act 1958:

   (a)  section 59(1) (felling etc. tree in protected forest);

   (b)  section 61 (felling etc. reserved tree);

   (c)  section 96 (miscellaneous offences);

   (d)  sections 96A and 96B.

10. An offence against any of the following provisions of the
Gambling Regulation Act 2003-

   (a)  section 2.2.1(2) (lotteries prohibited);

   (b)  section 2.5.2(1) (owning or occupying betting house);

   (c)  section 2.5.5 (exhibiting placards or advertising betting houses);

   (d)  section 2.5.6 (advertising as to betting);

   (e)  section 2.5.8(1) (betting in street etc.);

   (f)  section 2.5.12 (making bet with or inviting minor to bet an offence);

   (g)  section 2.5.14 (offences in respect of totalisators);

   (h)  section 2.5.15(1) (publication etc. of information concerning betting
        etc.);

   (i)  section 2.5.17(1) (posting up betting placards and notices);



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   (k)  section 2.6.1(1) (possession of instrument of betting);

   (l)  section 3.4.68(1) or (2) (payments to venue operator by manufacturer
        or supplier of gaming equipment);

   (m)  section 3.5.28(1), (2), (3) or (4) (inducements, cheating etc.);

   (n)  section 3.5.31 (extending credit for playing gaming machine);

   (o)  section 4.7.5(1) or (2) (inducements, cheating etc.);

   (p)  section 4.7.6 (extending credit etc.);

   (q)  section 8.2.2(b) (conducting session of bingo games otherwise than in
        accordance with Act and minor gaming permit);

   (r)  section 10.5.17 (impersonation of inspector or commissioner);

   (s)  section 10.5.18(1) or (2) (bribery of authorised person).

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13A. An offence against any of the following provisions of the
National Parks Act 1975:

   (a)  section 45A(1) (taking fish or fishing bait for sale in marine
        national park or marine sanctuary);

   (b)  section 45A(2) (taking fish or fishing bait for purposes other than
        sale without permit in marine national park or marine sanctuary);

   (c)  section 45A(3) (growing etc. fish or fishing bait in marine national
        park or marine sanctuary);

   (d)  section 45A(4) (being in a prescribed area in charge of prescribed
        boat or in charge of boat carrying prescribed equipment);

   (e)  section 45A(5) (possessing or being in charge of boat carrying a
        priority species).
14. An offence against any of the following provisions of the Racing Act 1958:

   (a)  section 29 (1A), (1B) or (1C) (receipt of direct financial benefit
        from profits of race-meeting);

   (b)  section 55(2) (non-mechanical speed coursing).
15. An offence against any of the following provisions of the
Wildlife Act 1975:

   (a)  section 41(1) or (2) (taking or possessing etc. endangered wildlife)
        as in force immediately before the commencement of section 14 of the
        Wildlife (Amendment) Act 1997;

   (b)  section 42(1) or (2) (taking or possessing etc. notable wildlife) as
        in force immediately before the commencement of section 14 of the
        Wildlife (Amendment) Act 1997;

   (c)  section 43(1) or (2) (taking or possessing etc. protected wildlife) as
        in force immediately before the commencement of section 14 of the
        Wildlife (Amendment) Act 1997;

   (d)  section 43A (possessing unlawfully taken wildlife) as in force
        immediately before the commencement of section 14 of the Wildlife
        (Amendment) Act 1997;

   (e)  section 45 (taking eggs of protected wildlife) as in force immediately
        before the commencement of section 14 of the Wildlife (Amendment) Act
        1997;

   (f)  section 46 (trapping wild duck etc.) as in force immediately before
        the commencement of section 14 of the Wildlife (Amendment) Act 1997;

   (g)  section 47(1) (taking protected wildlife in close season) as in force
        immediately before the commencement of section 14 of the Wildlife
        (Amendment) Act 1997;

   (h)  section 48(1) (setting dog on wildlife not being game) as in force
        immediately before the commencement of section 14 of the Wildlife
        (Amendment) Act 1997;

   (ha) section 41 (hunting, taking or destroying endangered wildlife);

   (hb) section 42 (hunting, taking or destroying notable wildlife);

   (hc) section 43 (hunting, taking or destroying protected wildlife);

   (hd) section 45 (acquiring etc. endangered wildlife);

   (he) section 46 (acquiring etc. notable wildlife);

   (hf) section 47 (acquiring etc. protected wildlife);

   (hg) section 47D (wildlife unlawfully taken);

   (i)  section 49(2) (contravening Order prohibiting possession etc. of
        wildlife);

   (j)  section 50(1) (importing or exporting wildlife without permit);

   (k)  section 52 (release of wildlife and animals from captivity or
        confinement);

   (l)  section 53 (use of prohibited equipment);

   (m)  section 54(1) (killing etc. wildlife by poison);

   (n)  section 55 (using bird-lime etc.);

   (o)  section 56(1) (use or possession of punt gun);

   (p)  section 58 (molesting etc. protected wildlife during close season);

   (q)  section 60A(2) (failure to comply with demand to produce firearms
        licence or permit);

   (r)  section 73(1) (conducting unlicensed animal exhibition);

   (s)  section 74(1) (unlicensed keeping of zoo);

   (t)  section 74E(1) (contravention of licence conditions etc.);

   (u)  section 76(3) (failure to release whale);

   (v)  section 77(1) (action to be taken with respect to killing or taking of
        whale);

   (w)  section 80 (breach of permit condition).
16. An offence against section 70 of the Crimes Act 1958 (possession of child
pornography).

17. An offence against section 22(1A) of the Prostitution Control Act 1994
(prostitution service providers to be licensed).
18. An offence against section 123 of this Act (possession etc. of property
suspected of being proceeds of crime), as in force immediately before its
repeal by section 5(1) of the Crimes (Money Laundering) Act 2003.

19. An offence against section 195 of the Crimes Act 1958.

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