CONFISCATION ACT 1997 - SCHEDULE 2
CONFISCATION ACT 1997 - SCHEDULE 2
Schedule 2—Offences—Automatic forfeiture and civil forfeiture
1. An offence against any of the following provisions of the Drugs, Poisons and Controlled Substances Act 1981 —
Sch. 2 item 1(a) substituted by No. 61/2001 s. 11(1)(a).
(a) section 71 (trafficking in a quantity of a drug or drugs of dependence that is not less than the large commercial quantity applicable to that drug or those drugs);
Sch. 2 item 1(ab) inserted by No. 61/2001 s. 11(1)(a), amended by No. 3/2019 s. 20(2).
(ab) section 71AA(1) (trafficking in a quantity of a drug or drugs of dependence that is not less than the commercial quantity applicable to that drug or those drugs);
Sch. 2 item 1(aba) inserted by No. 3/2019 s. 20(3).
(aba) section 71AA(2) (trafficking in a quantity of a drug or drugs of dependence that is not less than the commercial quantity applicable to that drug or those drugs for the benefit of or at the direction of a criminal organisation);
Sch. 2 item 1(ac) inserted by No. 63/2003 s. 37(1), amended by No. 2/2016 s. 17(1)(a).
(ac) section 71AB(1) (trafficking in a drug of dependence to a child) where—
(i) the drug of dependence is a drug specified in Part 3 of Schedule Eleven to that Act; and
(ii) the quantity of the drug of dependence trafficked is not less than the automatic forfeiture quantity specified in column 2B of Part 3 of Schedule Eleven to that Act applicable to that drug;
Sch. 2 item 1(aca) inserted by No. 2/2016 s. 17(1)(b).
(aca) section 71AB(2) (trafficking in a drug of dependence to a child at a school or in a public place within 500 metres of a school) where—
(i) the drug of dependence is a drug specified in Part 3 of Schedule Eleven to that Act; and
(ii) the quantity of the drug of dependence trafficked is not less than the automatic forfeiture quantity specified in column 2B of Part 3 of Schedule Eleven to that Act applicable to that drug;
Sch. 2 item 1(ad) inserted by No. 63/2003 s. 37(1), amended by No. 2/2016 s. 17(2)(a).
(ad) section 71AC(1) (trafficking in a drug of dependence) where—
(i) the drug of dependence is a drug specified in Part 3 of Schedule Eleven to that Act; and
(ii) the quantity of the drug of dependence trafficked is not less than the automatic forfeiture quantity specified in column 2B of Part 3 of Schedule Eleven to that Act applicable to that drug;
Sch. 2 item 1(ada) inserted by No. 2/2016 s. 17(2)(b).
(ada) section 71AC(2) (trafficking in a drug of dependence at a school or in a public place within 500 metres of a school) where—
(i) the drug of dependence is a drug specified in Part 3 of Schedule Eleven to that Act; and
(ii) the quantity of the drug of dependence trafficked is not less than the automatic forfeiture quantity specified in column 2B of Part 3 of Schedule Eleven to that Act applicable to that drug;
Sch. 2 item 1(b) substituted by No. 61/2001 s. 11(1)(b).
(b) section 72 (cultivation of a narcotic plant in a quantity of a drug of dependence, being a narcotic plant, that is not less than the large commercial quantity applicable to that narcotic plant);
Sch. 2 item 1(ba) inserted by No. 61/2001 s. 11(1)(b).
(ba) section 72A (cultivation of a narcotic plant in a quantity of a drug of dependence, being a narcotic plant, that is not less than the commercial quantity applicable to that narcotic plant);
Sch. 2 item 1(c) amended by Nos 61/2001 s. 11(1)(c), 63/2003 s. 37(2)(a)(b), 2/2016 s. 17(3)(a).
(c) section 79(1) or 80(3)(a) (conspiracy) in circumstances where the conspiracy is to commit an offence in the circumstances referred to in paragraph (a), (ab), (ac), (aca), (ad), (ada), (b) or (ba);
Sch. 2 item 1(d) amended by Nos 61/2001 s. 11(1)(d)(i)(ii), 63/2003 s. 37(3)(a)–(c), substituted by No. 79/2014 s. 61(2), amended by Nos 2/2016 s. 17(3)(b), 3/2019 s. 20(4).
(d) section 80(1) (inciting) where the offence that is incited is an offence referred to in paragraph (a), (ab), (aba), (ac), (aca), (ad), (ada), (b) or (ba), committed in the circumstances referred to in those paragraphs;
Sch. 2 item 1(e) inserted by No. 79/2014 s. 61(2), amended by Nos 2/2016 s. 17(3)(c), 3/2019 s. 20(4).
(e) section 80(3)(b) (aiding, abetting etc. an offence outside Victoria) where the offence that is aided, abetted, counselled or procured is an offence committed in the circumstances referred to in paragraph (a), (ab), (aba), (ac), (aca), (ad), (ada), (b) or (ba) under a law in force in a place outside Victoria that is a corresponding law in relation to section 71, 71AA, 71AB, 71AC, 72 or 72A, as the case requires.
Sch. 2 item 1A inserted by No. 35/2002 s. 28(Sch. item 2.1).
1A. An offence against any of the following provisions of the Drugs, Poisons and Controlled Substances Act 1981 as in force immediately before the commencement of the Drugs, Poisons and Controlled Substances (Amendment) Act 2001 —
(a) section 71(1) (trafficking in a drug of dependence) in circumstances where the offence is committed in relation to a quantity of a drug of dependence that is not less than the commercial quantity applicable to that drug of dependence;
(b) section 72(1) (cultivation of narcotic plants) in circumstances where the offence is committed in relation to a quantity of a drug of dependence, being a narcotic plant, that is not less than the commercial quantity applicable to that narcotic plant;
(c) section 79(1) or 80(3)(a) (conspiracy) in circumstances where the conspiracy is to commit an offence referred to in paragraph (a) or (b);
(d) section 80(1) or 80(3)(b) (aiding and abetting etc.) in circumstances where the offence that is aided, abetted, counselled, procured, solicited or incited is an offence referred to in paragraph (a) or (b) or an offence committed in the circumstances referred to in paragraph (a) or (b) under a law in force in a place outside Victoria that is a corresponding law in relation to section 71(1) or 72(1), as the case requires.
Sch. 2 item 2 substituted by No. 63/2003 s. 38.
2. An offence against any of the following provisions of the Crimes Act 1958 :
(a) section 27 (extortion with threat to kill) where—
(i) only one offence is charged and the demand made is $50 000 or more; or
(ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the combined demands made are $75 000 or more;
(b) section 28 (extortion with threat to destroy property) where—
(i) only one offence is charged and the demand made is $50 000 or more; or
(ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the combined demands made are $75 000 or more;
Sch. 2 item 2(ba) inserted by No. 73/2011 s. 17, substituted by Nos 47/2016 s. 35(5), 44/2022 s. 69(1).
(ba) section 53B(1) (using force, threat etc. to cause another person to provide commercial sexual services);
Sch. 2 item 2(bab) inserted by No. 47/2016 s. 35(5), substituted by No. 44/2022 s. 69(1).
(bab) section 53C(1) (causing another person to provide commercial sexual services in circumstances involving sexual servitude);
Sch. 2 item 2(bac) inserted by No. 47/2016 s. 35(5), substituted by No. 44/2022 s. 69(1).
(bac) section 53D(1) (conducting a business in circumstances involving sexual servitude);
Sch. 2 item 2(bb) inserted by No. 73/2011 s. 17, amended by No. 47/2016 s. 35(6), substituted by No. 44/2022 s. 69(1).
(bb) section 53E(1) (aggravated sexual servitude);
Sch. 2 item 2(bc) inserted by No. 73/2011 s. 17, amended by No. 47/2016 s. 35(7), substituted by No. 44/2022 s. 69(1).
(bc) section 53F(1) (deceptive recruiting for commercial sexual services);
Sch. 2 item 2(bd) inserted by No. 73/2011 s. 17, amended by No. 47/2016 s. 35(8), substituted by No. 44/2022 s. 69(1).
(bd) section 53G(1) (aggravated deceptive recruiting for commercial sexual services).
Sch. 2 item 2(be) inserted by No. 7/2022 s. 65(1) (as amended by No. 44/2022 s. 91).
(be) section 53I(1) (obtaining a commercial benefit, payment or reward for commercial sexual services provided by a child);
Sch. 2 item 2(bf) inserted by No. 7/2022 s. 65(1) (as amended by No. 44/2022 s. 91).
(bf) section 53J(1) (agreement for provision of commercial sexual services by a child);
(c) section 74 (theft) where—
(i) only one offence is charged and the value of the property in respect of which the offence is committed is $50 000 or more; or
(ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the property in respect of which the offences are committed is $75 000 or more;
(d) section 75 (robbery) where—
(i) only one offence is charged and the value of the property in respect of which the offence is committed is $50 000 or more; or
(ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the property in respect of which the offences are committed is $75 000 or more;
(e) section 75A (armed robbery) where—
(i) only one offence is charged and the value of the property in respect of which the offence is committed is $50 000 or more; or
(ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the property in respect of which the offences are committed is $75 000 or more;
(f) section 81(1) (obtaining property by deception) where—
(i) only one offence is charged and the value of the property in respect of which the offence is committed is $50 000 or more; or
(ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the property in respect of which the offences are committed is $75 000 or more;
(g) section 82(1) (obtaining financial advantage by deception) where—
(i) only one offence is charged and the value of the financial advantage obtained is $50 000 or more; or
(ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the financial advantage obtained is $75 000 or more;
(h) section 87 (blackmail) where—
(i) only one offence is charged and the demand made is $50 000 or more; or
(ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the combined demands made are $75 000 or more;
(i) section 88 (handling stolen goods) where—
(i) only one offence is charged and the value of the goods in respect of which the offence is committed is $50 000 or more; or
(ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the goods in respect of which the offences are committed is $75 000 or more;
(j) section 176 (receipt or solicitation of secret commission by an agent) where—
(i) only one offence is charged and the valuable consideration in respect of which the offence is committed is $50 000 or more; or
(ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the valuable consideration in respect of which the offences are committed is $75 000 or more;
(k) section 178 (giving or receiving false or misleading receipt or account with intent to defraud or deceive principal) where—
(i) only one offence is charged and the amount intended to be defrauded is $50 000 or more; or
(ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the combined amounts intended to be defrauded are $75 000 or more;
(l) section 179 (gift or receipt of secret commission in return for advice) where—
(i) only one offence is charged and the valuable consideration in respect of which the offence is committed is $50 000 or more; or
(ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the valuable consideration in respect of which the offences are committed is $75 000 or more;
(m) section 180 (secret commission to trustee in return for substituted appointment) where—
(i) only one offence is charged and the valuable consideration in respect of which the offence is committed is $50 000 or more; or
(ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the valuable consideration in respect of which the offences are committed is $75 000 or more;
(n) section 191 (fraudulently inducing persons to invest money) where—
(i) only one offence is charged and the value of the property (including any profit) in respect of which the offence is committed is $50 000 or more; or
(ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the property (including any profit) in respect of which the offences are committed is $75 000 or more;
(o) section 321(1) where the conspiracy is to commit an offence in the circumstances referred to in paragraphs (a) to (n).
Sch. 2 item 2A inserted by No. 63/2003 s. 38, amended by Nos 63/2010 s. 81(Sch. item 2.2(a)), 7/2022 s. 65(2).
2A. An offence against any of the following provisions of the Sex Work Act 1994 despite its repeal by the Sex Work Decriminalisation Act 2022 :
Sch. 2 item 2A(a) substituted by No. 44/2022 s. 69(2).
(a) section 6(1) (receiving payment for sexual services provided by a child);
Sch. 2 item 2A(b) substituted by No. 44/2022 s. 69(2).
(b) section 7(1) (agreement for provision of sexual services by a child);
Sch. 2 item 2A(c) repealed by No. 44/2022 s. 69(2).
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Sch. 2 item 2A(d) amended by No. 63/2010 s. 81(Sch. item 2.2(b)).
(d) section 22(1) (carrying on business as a sex work service provider without licence or in breach of licence) where—
(i) only one offence is charged and $50 000 or more is received by the business; or
(ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and $75 000 or more is received by the business;
Sch. 2 item 2A(e) amended by No. 63/2010 s. 81(Sch. item 2.2(b)).
(e) section 22(3) (assisting in the carrying on of a sex work service providing business without licence or in breach of licence) where—
(i) only one offence is charged and $50 000 or more is received by the business; or
(ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and $75 000 or more is received by the business.
Sch. 2 item 2B inserted by No. 63/2003 s. 38.
2B. An offence against any of the following provisions of the Casino Control Act 1991 :
(a) section 153A(2) (bribery by a key official within the meaning of that Act) where—
(i) only one offence is charged and the value of the money, property or value of any kind in respect of which the offence is committed is $50 000 or more; or
(ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the money, property or value of any kind in respect of which the offences are committed is $75 000 or more;
(b) section 153A(3) (bribery of a key official within the meaning of that Act) where—
(i) only one offence is charged and the value of the money, property or value of any kind in respect of which the offence is committed is $50 000 or more; or
(ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the money, property or value of any kind in respect of which the offences are committed is $75 000 or more.
Sch. 2 item 2C inserted by No. 63/2003 s. 38, repealed by No. 45/2004 s. 41(a).
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Sch. 2 item 3 amended by Nos 63/2003 s. 39, 104/2003 s. 5(11).
3. An offence against section 122(1) of the Confiscation Act 1997 (money laundering) where the money or other property is proceeds of an offence committed in the circumstances referred to in item 1, 1A, 2, 2A, 2B, 2C, 8 or 9, as in force immediately before its repeal by section 5(1) of the Crimes (Money Laundering) Act 2003 .
Sch. 2 item 3A inserted by No. 104/2003 s. 5(12), amended by Nos 45/2004 s. 41(b), 69/2004 s. 59(a), 68/2010 s. 32(1).
3A. An offence against section 194(1), (2) or (3) of the Crimes Act 1958 where—
(a) only one offence against section 194(1), (2) or (3) of the Crimes Act 1958 is charged and the value of the property dealt with is $50 000 or more; or
(b) more than one offence against section 194(1), (2) or (3) of the Crimes Act 1958 is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the property dealt with is $75 000 or more.
4. An offence of—
(a) conspiracy to commit; or
Sch. 2 item 4(b) substituted by No. 47/2016 s. 35(9).
(b) being involved in the commission of—
an offence referred to in item 3.
Note to Sch. 2 item 4 inserted by No. 47/2016 s. 35(10).
Note
Subdivision (1) of Division 1 of Part II of the Crimes Act 1958 deals with complicity in the commission of offences.
Sch. 2 item 4A inserted by No. 69/2004 s. 59(b).
4A. An offence of conspiracy to commit an offence referred to in item 10 in the circumstances referred to in that item.
Sch. 2 item 5 amended by Nos 63/2003 s. 40, 45/2004 s. 41(b), 69/2004 s. 59(a).
5. An offence of attempting to commit any offence in the circumstances referred to in item 1, 1A, 2, 2A, 2B, 2C (as in force immediately before its repeal by section 41(a) of the Racing and Gaming Acts (Amendment) Act 2004 ), 3, 8, 9 or 10.
6. A continuing criminal enterprise offence within the meaning of Part 2B of the Sentencing Act 1991 for which the offender is liable to be sentenced under that Part as a continuing criminal enterprise offender.
Sch. 2 item 7 substituted by No. 63/2003 s. 41.
7. The common law offence of conspiracy to defraud where—
(a) only one offence is charged and the value of the property, financial advantage or economic loss in respect of which the offence is committed is $50 000 or more; or
(b) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the property, financial advantage or economic loss in respect of which the offences are committed is $75 000 or more.
Sch. 2 item 8 inserted by No. 63/2003 s. 41.
8. The common law offence of misconduct in public office where—
(a) only one offence is charged and the value of the property in respect of which the offence is committed is $50 000 or more; or
(b) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the property in respect of which the offences are committed is $75 000 or more.
Sch. 2 item 9 inserted by No. 63/2003 s. 41.
9. The common law offence of bribery of a public official where—
(a) only one offence is charged and the value of the property in respect of which the offence is committed is $50 000 or more; or
(b) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the property in respect of which the offences are committed is $75 000 or more.
Sch. 2 item 10 inserted by No. 108/2003 s. 8(2), substituted by No. 68/2010 s. 32(2).
10. An offence against section 111A, 111B or 111C of the Fisheries Act 1995 where the quantity of fish in respect of which the offence is committed is not less than 5 times the commercial quantity (within the meaning of that Act).
Sch. 2 item 11 inserted by No. 3/2019 s. 83.
11. An offence against section 158(1) or (3) of the Australian Consumer Law (Victoria) where—
(a) only one offence against section 158(1) or (3) of the Australian Consumer Law (Victoria) is charged and the value of the payment or other consideration is $50 000 or more; or
(b) more than one offence against section 158(1) or (3) of the Australian Consumer Law (Victoria) is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the combined value of the payment or other consideration is $75 000 or more.
Sch. 2 item 12 inserted by No. 3/2019 s. 83.
12. An offence against section 78(1)(a) or (b) of the Conveyancers Act 2006 where—
(a) only one offence against section 78(1)(a) or (b) of the Conveyancers Act 2006 is charged and the value of the deficiency or the money not paid or delivered is $50 000 or more; or
(b) more than one offence against section 78(1)(a) or (b) of the Conveyancers Act 2006 is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the combined value of the deficiency or the money not paid or delivered is $75 000 or more.
Sch. 2 item 13 inserted by No. 3/2019 s. 83.
13. An offence against section 91(1)(a), (b) or (c) of the Estate Agents Act 1980 where—
(a) only one offence against section 91(1)(a) of the Estate Agents Act 1980 is charged and the moneys fraudulently converted to own use are $50 000 or more; or
(b) only one offence against section 91(1)(b) of the Estate Agents Act 1980 is charged and the moneys fraudulently omitted to account for deliver or pay are $50 000 or more; or
(c) only one offence against section 91(1)(c) of the Estate Agents Act 1980 is charged and the discrepancy in the account fraudulently rendered is $50 000 or more; or
(d) more than one offence against section 91(1)(a), (b) or (c) of the Estate Agents Act 1980 is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the combined moneys are $75 000 or more.
Sch. 2 item 14 inserted by No. 44/2022 s. 69(3).
14. An offence against section 7C(1) of the Firearms Act 1996 .
Sch. 3 amended by Nos 61/2001 s. 11(2)(a)–(d), 35/2002 s. 28(Sch. item 2.2), repealed by No. 87/2004 s. 22(3).
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