Victorian Consolidated Legislation
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Confiscation Act 1997 - 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:
(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);
(ab) section 71AA (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);
(ac) section 71AB (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;
(ad) section 71AC (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;
(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);
(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);
(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), (ad), (b) or (ba);
(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), (ab),
(ac), (ad), (b) or (ba), committed in the circumstances referred to in
those paragraphs or an offence committed in the circumstances referred
to in paragraph (a), (ab), (ac), (ad), (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.
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.
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;
(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).
2A. An offence against any of the following provisions of the
Prostitution Control Act 1994:
(a) section 6(1) (receiving payment for sexual services provided by a
child) where-
(i) only one offence is charged and the value of the payment received 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 value of the payments received is
$75 000 or more;
(b) section 7(1) (agreement for provision of sexual services by a child)
where-
(i) only one offence is charged and the value of the agreed payment 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 value of the agreed payments is $75
000 or more;
(c) section 7(1) (agreement for provision of sexual services by a child)
where-
(i) only one offence is charged and the provision of sexual services is in
exchange for a quantity of a drug of dependence which is-
(A) in the case of a drug of dependence specified in Part 3
of Schedule Eleven to the
Drugs, Poisons and Controlled Substances Act 1981, not
less than the automatic forfeiture quantity specified in
column 2B of Part 3 of that Schedule to that Act
applicable to that drug; or
(B) in the case of any other drug of dependence within the
meaning of the
Drugs, Poisons and Controlled Substances Act 1981, not
less than the commercial quantity applicable to that
drug; 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 provision of sexual services is in exchange
for a combined quantity of drugs of dependence which is-
(A) in the case of a drug of dependence or drugs of
dependence specified in Part 3 of Schedule Eleven to the
Drugs, Poisons and Controlled Substances Act 1981, not
less than the automatic forfeiture quantity specified in
column 2B of Part 3 of that Schedule to that Act
applicable to that drug or those drugs; or
(B) in the case of any other drug of dependence or drugs of
dependence within the meaning of the
Drugs, Poisons and Controlled Substances Act 1981, not
less than the commercial quantity applicable to that drug
or those drugs;
(d) section 22(1) (carrying on business as a prostitution 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;
(e) section 22(3) (assisting in the carrying on of a prostitution 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.
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.
* * * * *
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.
3A. An offence against section 194(1), (2) or (3) of the Crimes Act 1958 where
the property dealt with is proceeds of an offence committed 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), 8, 9 or 10 and-
(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
(b) aiding, abetting, counselling or procuring, or being in any way
knowingly concerned in, the commission of-
an offence referred to in item 3.
4A. An offence of conspiracy to commit an offence referred to in item 10 in
the circumstances referred to in that item.
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.
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.
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.
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.
10. An offence against section 111A, 111B or 111C of the Fisheries Act 1995
where-
(a) only one offence is charged and the export value at the time of the
offence of the fish involved in the offence 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 export value at the time, or times, of the
offences of the fish involved in the offences is $75 000 or more.
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