Confiscation (Amendment) Act 2003 (Vic)

Confiscation (Amendment) Act 2003

ts	Act No. 63/2003
n
e
m	TABLE OF PROVISIONS

u	Section	Page
c
o	PART 1—PRELIMINARY	1
D

1. Purpose 1

ry	2.	Commencement	2
3.	Principal Act	2
ta

n PART 2—AMENDMENTS TO THE PRINCIPAL ACT 3

e	4.	Definitions amended	3
m	5.	New definitions inserted	4
ia	6.	Magistrates' Court jurisdiction	5
rl	7.	County Court jurisdiction	5
8.	New sections 19A to 19E inserted	6
a	19A.	Notice requiring declaration of property interests	6
P	19B.	What must be included in a declaration of property
d	interests?	6
n	19C.	Offences	6
a	19D.	Court directions to provide information	7
19E.	Admissibility of statement	8
n	9.	Further orders relating to existing restraining order	8
o	10.	New Part 2A inserted—freezing orders	9
ti	PART 2A—FREEZING ORDERS	9
la
is	31A.	Definition	9
31B.	Chief Commissioner of Police may authorise police to
g	apply for freezing orders	10
e	31C.	Freezing order	10
L	31D.	Application for freezing order	11
31E.	Application may be made by telephone etc.	13
n	31F.	Making of freezing order	13
a
ri	31G.	Notice of freezing order	15
31H.	When does a freezing order take effect?	17
to	31I.	Extension of freezing orders	17
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Section Page

31L.	Offence to disclose existence of freezing order	20
31M.	Freezing order to be disregarded for application of
section 122	23

ts	11.	Forfeiture where defendant has absconded	23
12.	New Division 1A of Part 3 inserted	23
n
e	Division 1A—Tainted Property Substitution Declaration	23
m	34A.	Interpretation	23
u	34B.	Application for tainted property substitution
c	declaration	24
o	34C.	Court may make tainted property substitution
declaration	25
D	13.	New sections 35A to 35C inserted	26

ry	35A.	Automatic forfeiture offences—application for court
declaration 26
ta	35B.	Applicant to notify defendant 27
n	35C.	Court may make declaration 27

e	14.	Declaration that property has been forfeited	27
15.	Application for civil forfeiture	27
m	16.	Disposal of property	28
ia	17.	Disposal orders	28
rl	18.	New Part 10A inserted—property management	29
a	PART 10A—PROPERTY MANAGEMENT	29
P	78A.	Memorandum of understanding	29
d	78B.	Certificate of responsibility and power	30
n	19.	New section 79A inserted	30
a	79A.	Seizure warrants—public places	30

20. Consequential amendments—seizure warrants 32

n	21.	New section 84A inserted	33
o
ti	84A.	Duty to show seizure warrant	33

22. References to seizure warrants 33

la	23.	New section 88A inserted	33
is	88A.	Notice of execution of seizure warrant	33

24. Further references to seizure warrants 34

g 25. New sections 95A to 95E inserted 35

e	95A.	Application for property seized under search warrants
L	under other Acts to be held or retained under this Act 35
n	95B.	What must be in the application? 36
a
ri
95C.	Court may make declaration 36
95D.	Notice of declaration 37
95E.	Effect of declaration 37

to	26.	Return of seized property—applications and seizure warrants	38
ic
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ii

Section Page

27.	New Part 11A inserted—property management warrants	39
PART 11A—PROPERTY MANAGEMENT WARRANTS	39

ts Division 1—Search and Inspection Warrants 39

n	97A.	Application for search and inspection warrant	39
e	97B.	Search and inspection warrant	40
97C.	Record of proceedings for search and inspection
m	warrant	42
u	97D.	Announcement before entry	42
c	97E.	Copy of search and inspection warrant to be given to
o	occupier	43
D	97F.	Use of assistants to execute search and inspection
warrant	44
ry	97G.	Application of Magistrates' Court Act 1989	44
ta	97H.	Expiry of search and inspection warrant	44
97I.	Report on execution of warrant etc.	44
n	97J.	Copy of inventory to be given	46
e	97K.	Defects in search and inspection warrant	46
m	97L.	Obstruction or hindrance of person executing search
ia
rl
and inspection warrant	47

Division 2—Search and Seizure Warrants 47

a	97M.	Application for search and seizure warrant	47
P	97N.	Search and seizure warrant	48
97O.	Record of proceedings for search and seizure warrant	49
d	97P.	Announcement before entry	49
n	97Q.	Copy of search and seizure warrant to be given to
a	occupier	50
n	97R.	Use of assistants to execute search and seizure warrant	51
o	97S.	Application of Magistrates' Court Act 1989	51
ti	97T.	Expiry of search and seizure warrant	51
la	97U.	Report on execution of search and seizure warrant etc.	51
97V.	Defects in search and seizure warrant	52
is	97W.	Obstruction or hindrance of person executing search and
g	seizure warrant	53
e	28.	Examination orders	53
L	29.	New Division 3A of Part 13 inserted	54
n	Division 3A—Information Notices	54
a
ri	118A.	Definition	54
118B.	Chief Commissioner of Police may authorise police to
to	issue information notices	54
ic
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iii

Section Page

118F.	Information notice to be signed and reasons recorded	56
118G.	What can an information notice require?	56
118H.	What must the information notice contain?	57

ts	118I.	How is an information notice given?	58
118J.	Offence to fail to comply with information notice	59
n	118K.	Offence to disclose existence of information notice	59
e	118L.	Immunity from suit	62
m	118M.	Giving of information notice to be disregarded for
u	application of section 122	62
c	30.	New Division 4A of Part 13 inserted	62
o	Division 4A—Sharing of Information	62

D	119A.	Communication of information between law
ry	enforcement agencies 62

31. New Division 6 of Part 13 inserted 63

ta	Division 6—Document Requests	63
n

e 120A. When a document request may be made 63

120B. Document request 63

m	120C.	Offences	64
ia	120D.	Requested documents to be provided—Court order	64
rl	120E.	Return of documents	65
a	32.	New section 139A inserted	65

139A. Reports to the Minister 65

P	33.	Secrecy	67
d	34.	New section 143A inserted	67
n	143A.	Delegation	67
a	35.	Supreme Court—limitation of jurisdiction	67
36.	Forfeiture offences	67
n	37.	New items 1(ac) and (ad) inserted—trafficking in drug of
o
ti	dependence	69
38.	Item 2 substituted and new items 2A to 2C inserted—automatic
la	forfeiture offences	70
is	39.	Money laundering	78
40.	Attempts	78
g	41.	Item 7 substituted and new items 8 and 9 inserted—automatic
e	forfeiture offences	78
L

n	PART 3—TRANSITIONAL PROVISIONS	80
a

ri 42. New sections 158 to 172 inserted 80

158.        Confiscation (Amendment) Act 2003—definition of

to	tainted property" transitional provision	80
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iv

Section Page

161.        Confiscation (Amendment) Act 2003—tainted

property substitution declaration transitional provisions 81

162.        Confiscation (Amendment) Act 2003—disposal

ts orders transitional provision 81

163.        Confiscation (Amendment) Act 2003—property

n	seized under other Acts transitional provision	81
e	164.	Confiscation (Amendment) Act 2003—examination
m	orders transitional provision 82
u	165.	Confiscation (Amendment) Act 2003—document
c	requests transitional provisions 82
o	166.	Confiscation (Amendment) Act 2003—Schedule 1
offences transitional provisions 82
D	167.	Confiscation (Amendment) Act 2003—Schedule 2—
ry	drug trafficking offences transitional provisions 83
168.	Confiscation (Amendment) Act 2003—Schedule 2
ta	offences transitional provisions 84
n	169.	Confiscation (Amendment) Act 2003—Schedule 2—
e	money laundering transitional provisions 85
170.	Confiscation (Amendment) Act 2003—Schedule 2—
m	attempts transitional provisions 85
ia	171.	Confiscation (Amendment) Act 2003—Schedule 2—
rl	common law offences transitional provisions 86
a	172.	Interpretation of Legislation Act 1984 87
P	PART 4—AMENDMENTS TO OTHER ACTS	88
d	Division 1—Crimes Act 1958	88
n

a	43.	Seizure of tainted property under Crimes Act 1958 warrant	88
44.	New sections 465A to 465E inserted	88

n	465A.	Notice that seized thing is being held for purposes of
o
ti	Confiscation Act 1997 88
465B.	Application for tainted property to be held or retained—
la	return of warrant to court 89
is	465C.	Court may make direction 89
465D.	Notice of direction under section 465C 90
g	465E.	Effect of directions under sections 465(1B) and 465C 91
e
L	Division 2—Drugs, Poisons and Controlled Substances Act 1981	91

n	45.	New definition inserted	91
a
ri
46.	Seizure of tainted property under Drugs, Poisons and
Controlled Substances Act 1981 warrant	92
47.	New sections 81A to 81E inserted	93

to	81A.	Notice that seized thing or document is being held for
ic
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v

Section Page

81C.	Court may make direction	94
81D.	Notice of direction under section 81C	95
81E.	Effect of directions under sections 81(1A) and 81C	95

ts	48.	Amendment of Schedule Ten warrant—Drugs, Poisons and
Controlled Substances Act 1981 96
n	49.	New Part 3 of Schedule Eleven to the Drugs, Poisons and
e	Controlled Substances Act 1981 inserted 96
m	Division 3—Sentencing Act 1991	99
u

c 50. Property forfeited under automatic forfeiture 99

o ═══════════════

D	ENDNOTES	100
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o	Victoria
D
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n	No. 63 of 2003
e
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ia	†

Confiscation (Amendment) Act 2003

rl

a	[Assented to 30 September 2003]
P
d
n
a
n	The Parliament of Victoria enacts as follows:
o
ti
la	PART 1—PRELIMINARY
is
g	1. Purpose
e
L	The main purpose of this Act is to make various amendments to the Confiscation Act 1997
n
a	relating to the asset confiscation regime under that
ri	Act.
to
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Confiscation (Amendment) Act 2003

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Part 1—Preliminary

s. 2

2. Commencement

(1) Subject to sub-section (2), this Act comes into

ts	operation on a day or days to be proclaimed.
n	(2) If a provision referred to in sub-section (1) does
e	not come into operation before 1 December 2003,
m	it comes into operation on that day.
u
c	3. Principal Act

o	See:	In this Act, the Confiscation Act 1997 is called
D	Act No.
108/1997.	the Principal Act.
ry	Reprint No. 2 as at
ta	13 September
2001
n	and
amending
e	Act Nos
61/2001 and
m	35/2002.
ia	LawToday:
rl
dpc.vic.
a	gov.au

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Confiscation (Amendment) Act 2003

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Part 2—Amendments to the Principal Act

s. 4

PART 2—AMENDMENTS TO THE PRINCIPAL ACT

ts	4. Definitions amended
n
e	(1) In section 3 of the Principal Act, for the definition of "automatic forfeiture offence" substitute—
m
u	' "automatic forfeiture offence" means an
c	offence referred to in Schedule 2 and—
o

(a) if circumstances are specified in Schedule 2 in relation to that offence,

D

ry	means an offence committed in those
ta	circumstances; and
n	(b) in Parts 11, 13 and 14, includes an
e	interstate offence;'.
m	(2) In section 3 of the Principal Act, in the definition
ia
rl	of "financial institution"—
a	(a) in paragraph (d), for "Commonwealth;"
P	substitute "Commonwealth; or";
d	(b) after paragraph (d) insert—
n
a	"(e) a casino operator within the meaning of
n	the Casino Control Act 1991; or (f) the holder of the wagering licence
o
ti	under Part 2 of the Gaming and
la	Betting Act 1994;".
is	(3) In section 3 of the Principal Act, in the definition
g
e	of "law enforcement agency", after paragraph (b)
L	insert—
n	"(ba) any other authority or person responsible for
a	the performance of functions or activities
ri	under this Act directed to—
to	(i) the management of property seized
ic	under this Act or property in respect of
V	which a restraining order is made (other than a trustee); or

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s. 5

(ii) the enforcement of this Act; or

(iii) the enforcement of orders made under

ts	this Act; or".
n	(4) In section 3 of the Principal Act, in the definition
e	of "premises", after "any place" insert "(other
m	than a public place)".
u
c	(5) In section 3 of the Principal Act, in the definition
o	of "tainted property"—
D	(a) in paragraph (c), for "offence;" substitute
ry	"offence; or";
ta	(b) after paragraph (c) insert—
n	"(d) in the case of an offence against section
e	122, is referred to in section 122(2); or
m
ia	(e) in the case of an offence against section
rl	123(1), is referred to in that section;".
a	5. New definitions inserted
P	(1) In section 3 of the Principal Act insert the
d	following definitions—
n
a	' "automatic forfeiture quantity" has the same
n	meaning as it has in the Drugs, Poisons and
o	Controlled Substances Act 1981;
ti	"document request" means a request for
la	documents made under Division 6 of Part 13
is	in relation to property for which the
g	Secretary has responsibility under a
e	memorandum of understanding entered into
L	under section 78A;
n
a	"freezing order" means an order made under
ri	section 31F;
to	"information notice" means a notice issued
ic	under section 118D or 118E;
V

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Part 2—Amendments to the Principal Act

s. 6

"occupier", in Part 11A, means a person who

appears to be an occupier of, or to be in
charge of, the premises and to be aged

ts	18 years or more;
n
e	"Secretary" means the Secretary to the
m	Department of Justice;
u	"seizure warrant" means a warrant issued under
c	section 79A;'.
o
D	(2) At the end of section 3 of the Principal Act
ry	insert—
ta	'(2) If under the Public Sector Management

and Employment Act 1998 the name of the

n	Department of Justice is changed, the
e	reference in sub-section (1) in the definition
m	of "Secretary" to that Department must, from
ia	the date when the name is changed, be
rl	treated as a reference to the Department by
a	its new name.'.
P

6. Magistrates' Court jurisdiction

d

n	After section 12(1) of the Principal Act insert—
a

"(1A) Despite the jurisdictional limit of the

n	Magistrates' Court in civil proceedings, the
o
ti	Magistrates' Court may make a freezing
la	order in respect of an account held with a
financial institution, irrespective of the
is	amount held in that account.".
g
e	7. County Court jurisdiction
L	In section 12(6) of the Principal Act, for
n	"Supreme Court has" insert "Supreme Court and
a
ri	the County Court have".
to
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Part 2—Amendments to the Principal Act

s. 8

8. New sections 19A to 19E inserted

After section 19 of the Principal Act insert—

ts	"19A. Notice requiring declaration of property
n	interests
e

(1) If a restraining order is made in respect of

m

u	property, a member of the police force must
c	give a notice to each person who the
o	applicant for the restraining order believes
D	has an interest in that property requiring the person to give to the member of the police
ry	force a written declaration of property
ta	interests.
n	(2) A notice under sub-section (1) must—
e

(a) be in the prescribed form; and

m

ia	(b) state the effect of section 19C.
rl	19B. What must be included in a declaration of
a
P	property interests?
d	(1) A person who has been given a notice under
n	section 19A must provide a written
a	declaration of property interests that states
n	whether that person—
o
ti	(a) has an interest in the property; and
la	(b) believes that any other person has an
is	interest in the property.
g	(2) If the person making the declaration of
e	property interests believes that any other
L	person has an interest in the property, the
n	person making the declaration must state the
a
ri	name of every such person in the declaration.
to	19C. Offences
ic	(1) A person who is given a notice under

section 19A must not, without reasonable

V excuse, fail to give the declaration of

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Part 2—Amendments to the Principal Act

s. 8

property interests required by that notice to a

member of the police force within 14 days

ts	after the notice is given to the person.
n	Penalty:  Level 9 fine (60 penalty units
e	maximum).
m	(2) A person who is given a notice under
u	section 19A must not make a statement in
c	the declaration of property interests required
o	by that notice that is false or misleading in a
D	material particular.
ry	Penalty:  Level 9 fine (60 penalty units
ta	maximum).
n	19D. Court directions to provide information
e

(1) If a person who has been given a notice

m

under section 19A—

ia
rl

(a) is convicted of an offence under

a	section 19C(1) or (2); and
P

(b) has not, prior to that conviction,

d	provided the information that should
n
a	have been provided in a declaration of property interests as required by the
n	notice under section 19A—
o
ti	the court which convicts that person must
la	direct the person to provide the court with
is	the information that should have been
g	provided in a declaration of property
e	interests.
L	(2) If a person who has been given a notice
n	under section 19A—
a

ri	(a)	is convicted of the forfeiture offence in
to	relation to which the restraining order
ic	was made; and
V

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Part 2—Amendments to the Principal Act

s. 9

(b) (c) does not have a reasonable excuse for has not, prior to that conviction, have been provided in a declaration of

ts	property interests as required by the
n	notice under section 19A; and
e
m
u	failing to provide the information in a
c	declaration of property interests
o	required by the notice under
D	section 19A—
ry	the court which convicts that person must
ta	direct the person to provide the court with the information that should have been
n
e	provided in the declaration of property interests.
m
ia	19E. Admissibility of statement
rl	A statement made by a person in a
a	declaration of property interests given in
P	response to a notice under section 19A is
d	admissible against that person in—
n
a	(a) a proceeding for making a false or misleading statement in the declaration;
n	or
o
ti	(b) any proceeding under this Act, other
la	than a criminal proceeding in relation to
is	an offence against section 122 or 123—
g	but is not otherwise admissible in evidence
e
L	against that person.".
n	9. Further orders relating to existing restraining order
a
ri	(1) After section 26(5)(g) of the Principal Act

insert—

to	"(ga) if the restraining order did not direct a trustee
ic	to take control of property in accordance
V	with section 14(3), an order directing a trustee to take control of property at any later

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Part 2—Amendments to the Principal Act

s. 10

time specified in the order under sub-

section (1);".

ts	(2) In section 26(5) of the Principal Act—
n	(a) in paragraph (h), for "property." substitute
e	"property;";
m	(b) after paragraph (h) insert—
u
c	"(i) an order directing a person to whose
o	property the restraining order relates or
D	who has an interest in that property to
ry	use or manage specified property to
ta	which the restraining order relates, subject to conditions specified in the
n
e	order;

(j) an order directing a person prescribed

m

ia	for the purposes of sub-section (2)(da),
rl	if that person so consents, to do any
a	activity specified in the order that is
P	reasonably necessary for the purpose of managing specified property to which
d
n	the restraining order relates.
a	Example
n	The court may direct the carrying out of repairs
o	on restrained premises.".
ti	10. New Part 2A inserted—freezing orders
la
is	After Part 2 of the Principal Act insert—
g	'PART 2A—FREEZING ORDERS
e
L	31A. Definition
n
a	In this Part—
ri	"authorised member of the police force"
to	means—
ic	(a) a person authorised under section
V	31B; or

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Part 2—Amendments to the Principal Act

s. 10

(b) a person belonging to a class authorised under section 31B.

ts	31B. Chief Commissioner of Police may
n	authorise police to apply for freezing
e	orders
m	For the purposes of applying for a freezing
u	order under this Part, the Chief
c	Commissioner of Police may authorise in
o	writing the following—
D

(a) a member of the police force; or

ry

ta	(b) a class of member of the police force.
n	31C. Freezing order
e	(1) A freezing order is an order that a financial
m	institution must not allow a person to make
ia	withdrawals from a specified account—
rl	(a) that is held in the person's name or in
a
P	the name of the person and another person; or
d
n	(b) in which the person has an interest—
a	except in the manner and circumstances (if
n	any) specified in the order.
o
ti	(2) For the purposes of a freezing order, it is
la	irrelevant whether or not money is deposited
is	into the account in relation to which the
g	freezing order was made after the order takes
e	effect.
L	(3) A freezing order does not prevent a financial
n	institution from making withdrawals from an
a
ri	account for the purpose of meeting a liability
imposed on the financial institution in
to	connection with that account by any law of
ic	the State or the Commonwealth.
V

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Part 2—Amendments to the Principal Act

s. 10

31D. Application for freezing order

(1) An authorised member of the police force

ts	may apply to the Magistrates' Court for a
n	freezing order if the applicant believes on
e	reasonable grounds that—
m	(a) the person in whose name the account
u	is held in respect of which the freezing
c	order is sought or a person who has an
o	interest in that account—
D

(i) has committed, or is about to

ry	commit, a forfeiture offence, an
ta	automatic forfeiture offence or a
n	civil forfeiture offence; or
e	(ii) was involved in the commission,
m	or is about to be involved in the
ia	commission, of such an offence;
rl	or
a
P	(iii) has benefited directly or

indirectly, or is about to benefit

d

n	directly or indirectly, from the
a	commission of such an offence; and
n
o	(b) an application for a restraining order is
ti	likely to be made in respect of property
la	in which the person—
is	(i) in whose name the account is held
g	has an interest; or
e

L	(ii)	who has an interest in the account
n	in respect of which a freezing
a
ri
order is sought, has an interest.

(2) Subject to this section and section 31E, an

to	application under sub-section (1) must be
ic	supported by an affidavit setting out—

V (a) the grounds on which the freezing order is sought; and

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s. 10

(b) the name or names in which the relevant account is held; and

ts	(c)	the financial institution with which the
n	account is held; and

e	(d) the account number or, if this is not
m	known to the applicant, a description of
u	the account that is sufficient to identify
c	the account.
o
D	(3) If the applicant for a freezing order believes that it is impracticable for an affidavit to be
ry	prepared and sworn before the application is
ta	made, an application may be made before an
n	affidavit is prepared or sworn.
e	(4) If sub-section (3) applies, the applicant for a
m	freezing order must—
ia

rl	(a)	provide as much information as the
a	Magistrates' Court considers is
P	reasonably practicable in the circumstances; and
d

n	(b) not later than the day following the
a	making of the application, send a duly
n	sworn affidavit to the venue of the
o	Magistrates' Court that determined the
ti	application, whether or not a freezing
la	order has been made.
is	(5) In addition to the powers of the Magistrates'
g	Court under section 126 of the Magistrates'
e	Court Act 1989, the Court may order that
L	the whole or any part of the proceedings for
n	an application for a freezing order be heard
a
ri	in closed court if the Court is of the opinion that it is necessary to do so in order not to
to	prejudice an investigation by a member of
ic	the police force.
V

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s. 10

31E. Application may be made by telephone

etc.

ts	(1) If it is impracticable for the applicant for a
n	freezing order to apply in person, the
e	applicant may apply under section 31D for a
m	freezing order by telephone, facsimile or
u	other form of communication.
c	(2) If transmission by facsimile machine is
o	available and an affidavit has been prepared,
D	the applicant must transmit a copy of the
ry	affidavit, whether sworn or unsworn, to the
ta	venue of the Magistrates' Court that is to
determine the application for a freezing
n
e	order.
m	(3) If an application is made under section 31D
ia	in accordance with this section, the
rl	applicant, not later than the day following
a	the making of the application, must send the
P	original affidavit duly sworn to the venue of
d	the Magistrates' Court that determined the
n	application, whether or not a freezing order
a	has been made.
n	31F. Making of freezing order
o
ti	(1) On an application under section 31D, the
la	Magistrates' Court may make a freezing
is	order if it is satisfied—
g	(a) that there are reasonable grounds for
e	believing the matters referred to in
L	paragraphs (a) and (b) of section
n	31D(1); and
a

ri	(b)	if the application has been made
to	without an affidavit, that—

ic (i) there are sufficiently urgent

circumstances to justify the

V making of an application without
an affidavit; and

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(c) if the application has not been made in it would have been impracticable prepared and sworn before the

(ii)

ts	application was made; and
n
e
m	person, that it would have been
u	impracticable for the applicant to have
c	applied in person for the freezing order;
o	and
D	(d) that it is appropriate to make the
ry	freezing order.
ta	(2) In determining whether a freezing order
n	should be made, the Magistrates' Court must
e	have regard to—
m	(a) the amount of money in the account to
ia
rl	be frozen; and
a	(b) whether the account is held in the name
P	of more than one person; and
d	(c) any hardship that may reasonably be
n	likely to be caused to any person by the
a	order.
n	(3) A freezing order must specify—
o
ti	(a) the name of the magistrate constituting
la	the court which made the order; and
is	(b) the date and time at which the order
g	was made; and
e
L	(c) the name of the financial institution
n	with which the account is held; and
a
ri	(d) the number of the account to be frozen

or a description of the account that is

to	sufficient to identify the account; and
ic	(e) any conditions to which the order is
V	subject.

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(4) A freezing order must be in the prescribed

form.

ts	(5) Subject to sub-section (6), if the Magistrates'
n	Court makes a freezing order on an
e	application made in accordance with
m	section 31E, the Court must—
u	(a) inform the applicant of the terms of the
c	freezing order and the date on which
o	and the time at which it was made; and
D

(b) if transmission by facsimile machine is

ry	available, transmit a copy of the
ta	freezing order to the applicant.
n	(6) If a copy of the freezing order has not been
e	transmitted by facsimile machine, the
m	Magistrates' Court must make a copy of the
ia	freezing order available to the applicant as
rl	soon as practicable.
a
P	31G. Notice of freezing order
d	(1) If the Magistrates' Court makes a freezing
n	order and a copy of the order is provided to
a	the applicant in writing or by facsimile at the
n	time the order is made, a member of the
o	police force must give to the relevant
ti	financial institution—
la	(a) a copy of the freezing order; and
is	(b) a notice in the prescribed form which
g
e	specifies—
L	(i) that the freezing order takes effect
n	at the time that notice of the
a
ri	freezing order is given to the
financial institution and lasts for
to	72 hours unless the financial
ic	institution is otherwise advised by
V	a member of the police force that the order—

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(A) has ceased to have effect; or

(B) has been extended by court

ts	order under section 31I; and
n	(ii) the effect of sections 31K and
e	31L.
m	(2) If the Magistrates' Court makes a freezing
u
c	order and a copy of the order is not provided
o	to the applicant in writing or by facsimile at
D	the time the order is made, a member of the police force must give to the relevant
ry	financial institution a notice in the prescribed
ta	form which specifies—
n	(a) the name of the magistrate constituting
e	the court which made the order; and
m
ia	(b) the date and time at which the order
rl	was made; and
a	(c) the name of the financial institution;
P	and
d	(d) the number of the account to be frozen
n
a	or a description of the account that is sufficient to identify the account; and
n
o	(e) any conditions to which the order is
ti	subject; and
la	(f) that the freezing order takes effect at
is	the time that notice of the freezing
g	order is given to the financial institution
e	and lasts for 72 hours unless the
L	financial institution is otherwise
n	advised by a member of the police
a
ri	force that the order—
to	(i) has ceased to have effect; or
ic	(ii) has been extended by court order
V	under section 31I; and

(g) the effect of sections 31K and 31L.

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(3) A notice under this section must not be given to the relevant financial institution more than 72 hours after a freezing order has been

ts	made.
n
e	(4) A notice under this section must be given in
m	accordance with section 137 and, without
u	limiting the generality of that section, may
c	be given by facsimile.
o	(5) For the purposes of this section, the
D	regulations may prescribe a composite form
ry	which incorporates the prescribed notice
ta	required by sub-section (1) and the
prescribed notice required by sub-section (2).
n
e	31H. When does a freezing order take effect?
m	(1) A freezing order takes effect on the date and
ia	at the time that notice of the freezing order is
rl	given to the financial institution in
a	accordance with section 31G.
P

(2) Subject to section 31I, a freezing order

d

n ceases to be in force on—

a	(a)	the making of a restraining order in
n	respect of the money in the account; or
o
ti	(b)	the expiration of 72 hours after the time
la	on which the freezing order took
is	effect—

g	whichever occurs first.
e	31I. Extension of freezing orders
L
(1) A person who applied for a freezing order
n
a	may apply to the Magistrates' Court for an
ri	extension of the duration of that freezing
to	order.
ic
V

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(2) On an application under sub-section (1), the Magistrates' Court—

ts	(a)	must have regard to the matters set out
n	in section 31F(2); and

e	(b) must not extend the duration of a
m	freezing order unless the Court is
u	satisfied that—
c
o	(i) an application for a restraining
D	order in respect of the money in
ry	the account has been made; and
ta	(ii) the application for the restraining

order has not been determined.

n

e	(3) If the Magistrates' Court extends the duration
m	of a freezing order, the applicant for the
ia	extension must give a written notice to the
rl	relevant financial institution stating that—
a	(a) the duration of the freezing order has
P	been extended; and
d	(b) the extended freezing order ceases to be
n
a	in force—
n	(i) when a restraining order is made
o	in respect of the money in the
ti	account to which the freezing
la	order applies; or
is	(ii) if a restraining order is not made
g	in respect of the money in the
e	account to which the freezing
L	order applies, when the financial
n	institution is given notice under
a
ri	sub-section (5) that the extended
freezing order has ceased to be in
to	force.
ic	(4) A written notice under sub-section (3) must
V	be given within 6 hours after the Magistrates' Court extends the freezing order.

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(5) If the Magistrates' Court extends the duration of a freezing order and, on the determination of an application for a restraining order, a

ts	restraining order is not made in respect of the
n	money in the account to which the freezing
e	order applies, the applicant for the extension
m	of the freezing order must give a written
u	notice to the relevant financial institution
c
o	stating that the extended freezing order has
D	ceased to be in force.
ry	(6) A written notice under sub-section (5) must

be given as soon as practicable, but not more

ta	than 6 hours after the application for the
n	restraining order is determined.
e

(7) A freezing order that has been extended

m	under sub-section (2) ceases to be in force—
ia

rl	(a)	when a restraining order is made in
a	respect of the money in the account to

P	which the freezing order applies; or (b) if a restraining order is not made in
d
n	respect of the money in the account to
a	which the freezing order applies, when
n	the financial institution is given notice
o
ti	under sub-section (5) that the extended
freezing order has ceased to be in force.
la	31J. Report to Magistrates' Court on freezing
is	order
g
e	(1) If a freezing order is made, the person who
L	applied for the freezing order must give a
n	report in writing to the registrar of the
a
ri	Magistrates' Court—

(a) stating whether or not notice of the

to	freezing order was given to the
ic	financial institution in accordance with
V	section 31G; and

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(b) setting out the date on and time at which the freezing order—

ts	(i) took effect; and
n	(ii) ceased to be in force; and
e

(c) stating whether or not the freezing

m

u	order was extended.
c	(2) A report under this section must be made—
o
D	(a) within 7 days after the freezing order
ry	ceases to be in force; or

(b) if notice of the freezing order was not

ta	given to the financial institution, within
n	7 days after the freezing order was
e	made.
m
ia
rl

31K. Failure to comply with freezing order

(1) A financial institution that has been given

a	notice of a freezing order must not, without
P	reasonable excuse, fail to comply with the
d	order.
n	Penalty:  Level 5 fine (1200 penalty units
a	maximum).
n
o	(2) An offence against this section is a summary
ti	offence.
la	31L. Offence to disclose existence of freezing
is	order
g	(1) While a freezing order is in force, a financial
e
L	institution that has been given notice of a freezing order must not disclose the
n
a	existence or operation of the freezing order
ri	to any person except—
to	(a) a member of the police force; or
ic
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(b) an officer or agent of the financial institution, for the purpose of ensuring that the freezing order is complied with;

ts	or
n
e	(c) a legal practitioner acting for the
m	financial institution, for the purpose of
u	obtaining legal advice or representation
c	in relation to the freezing order; or
o	(d) a person in whose name the account is
D	held or who has an interest in the
ry	account in respect of which the freezing
ta	order is made.

n	Penalty:	Level 5 fine (1200 penalty units
e	maximum).

m	(2) While a freezing order is in force, a person to
ia	whom the existence or operation of the
rl	freezing order is disclosed in accordance
a	with sub-section (1) must not—
P

(a) while he or she is a person of a kind

d

n	referred to in paragraph (a), (b) or (c) of
a	sub-section (1) disclose the existence or operation of the freezing order to any
n
o	person except another person of that
ti	kind for the purpose of—
la	(i) if the disclosure is made by a
is	member of the police force, the
g	performance of the member's
e	duties; or
L	(ii) if the disclosure is made by an
n	officer or agent of the financial
a
ri	institution, ensuring that the freezing order is complied with or
to	obtaining legal advice or
ic	representation in relation to the
V	freezing order; or

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(iii)  if the disclosure is made by a legal practitioner, giving legal advice or providing representation in

ts	relation to the freezing order; or
n
e	(b) when he or she is no longer a person of
m	a kind referred to in paragraph (a), (b)
u	or (c) of sub-section (1), make a record
c	of, or disclose, the existence or
o	operation of the freezing order in any
D	circumstances.

ry	Penalty:	Level 7 imprisonment (2 years
ta	maximum) or a level 7 fine
(240 penalty units maximum) or
n
e	both.

m	(3) Nothing in sub-section (2) prevents the
ia	disclosure by a person of a kind referred to in
rl	paragraph (a), (b) or (c) of sub-section (1) of
a	the existence or operation of a freezing
P	order—
d	(a) for the purposes of, or in connection
n	with, legal proceedings; or
a

(b) in the course of proceedings before a

n	court.
o
ti	(4) Nothing in sub-section (2) prevents the
la	disclosure by a person of a kind referred to in
is	paragraph (a) of sub-section (1) of the
g	existence or operation of a freezing order for
e	the purposes of a report under section
L	139A(1).
n	(5) While a freezing order is in force, a member
a
ri	of the police force must not be required to disclose to any court the existence or
to	operation of the freezing order.
ic
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(6) A reference in this section to disclosing the existence or operation of a freezing order to a person includes a reference to disclosing

ts	information to the person from which the
n	person could reasonably be expected to infer
e	the existence or operation of the freezing
m	order.
u
c	(7) An offence against sub-section (1) is a
o	summary offence.
D	31M. Freezing order to be disregarded for
ry	application of section 122
ta	If a financial institution is given, or has been
n	given, notice of a freezing order, the fact that
e	the freezing order has been made must be
m	disregarded for the purposes of the
ia	application of section 122 (money
rl	laundering) in relation to the institution.'.
a	11. Forfeiture where defendant has absconded
P

In section 32(4)(a) of the Principal Act, after

d

n	"defendant" insert ", unless the defendant has
a	absconded".
n	12. New Division 1A of Part 3 inserted
o
ti	In Part 3 of the Principal Act, after Division 1
la	insert—
is	'Division 1A—Tainted Property Substitution
g	Declaration
e
L	34A. Interpretation
n	(1) For the purposes of this Division, property is
a
ri	not available for forfeiture if the defendant
to	does not have an interest in the property.
ic
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(2) In this Division—

"applicant" means a person who may apply

ts	for—
n	(a) a forfeiture order; or
e
(b) a restraining order for the
m
u	purposes of forfeiture.
c	34B. Application for tainted property
o	substitution declaration
D

(1) If a defendant is convicted of a forfeiture

ry	offence, an applicant may apply for a tainted
ta	property substitution declaration to—
n	(a) the Supreme Court; or
e
(b) the County Court; or
m
ia	(c) the court before which the defendant
rl	was convicted of the offence.
a	(2) The application under sub-section (1) must—
P

(a) be made in conjunction with an

d

n	application for a forfeiture order; and
a	(b) specify property that the defendant used
n	or intended to use in or in connection
o
ti	with the commission of the forfeiture
offence of which the defendant is
la	convicted; and
is	(c) specify property which is to be
g
e	substituted for the property referred to
L	in paragraph (b) that—
n	(i) is property in which the defendant
a	had an interest at the time that the
ri	forfeiture offence was committed;
to	and
ic
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(ii)  is of the same nature or description as the property

ts	referred to in paragraph (b).
n	Example
e	A defendant is convicted of a sexual offence against a child and, in the commission of that
m	offence, the defendant used a rented flat
u	although the defendant owned a flat at the time.
c	The prosecution may apply to the court for a
o	declaration that the flat owned by the defendant
D	is tainted property although the rented flat and
ry	the defendant's flat are not of equal value. (see section 34C(2)).
ta	34C. Court may make tainted property
n	substitution declaration
e

(1) Subject to sub-section (2), a court may make

m

ia	a tainted property substitution declaration if
rl	the court is satisfied as to the following
a	matters—

P	(a)	that the defendant used or intended to
d	use the property which is not available
n	for forfeiture in or in connection with
a	the commission of the forfeiture
n	offence of which the defendant is
o
ti
convicted; and

(b) that the property referred to in

la	paragraph (a) is not available for
is	forfeiture; and
g
e	(c) that the property which is to be
L	substituted for the property referred to
n	in paragraph (a)—
a
ri	(i) is property in which the defendant

had an interest at the time that the

to	forfeiture offence was committed;
ic	and
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(ii)  is of the same nature or description as the property

ts	referred to in paragraph (a).
n	(2) The court may make a tainted property
e	substitution declaration whether or not the
m	value of the property which is not available
u	for forfeiture is equal to the value of the
c	property which is to be substituted for that
o	property.
D	(3) A court must not make a tainted property
ry	substitution declaration in respect of any
ta	property if, at the time of the commission of
the forfeiture offence, the defendant did not
n
e	have an interest in the property.
m	(4) If the court makes a tainted property
ia	substitution declaration in respect of
rl	property, that property—
a	(a) is substituted for the property which is
P	not available for forfeiture; and
d	(b) is deemed to be tainted property for the
n
a	purposes of this Act.'.
n	13. New sections 35A to 35C inserted
o
ti	After section 35 of the Principal Act insert—
la	"35A. Automatic forfeiture offences—
is	application for court declaration
g	(1) Subject to sub-section (2), the DPP may
e	apply to the court which convicted a
L	defendant of an offence for a declaration that
n	the offence was an automatic forfeiture
a
ri	offence.
to	(2) An application under sub-section (1) must

not be made if the court which convicted the

ic	defendant of the offence has already made a
V	finding that the offence was committed in the

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circumstances specified in Schedule 2 in

relation to that offence.

ts	35B. Applicant to notify defendant
n	(1) The applicant must give written notice of the
e	application under section 35A to the
m	defendant.
u
c	(2) The court hearing the application under
o	section 35A may waive the requirement to
D	give notice if the defendant is present before
ry	the court.
ta	(3) The defendant is entitled to appear and to

give evidence at the hearing of the

n	application under section 35A but the
e	absence of the defendant does not prevent
m	the court from making a declaration.
ia
rl	35C. Court may make declaration
a	On an application under section 35A, the
P	court may make a declaration if satisfied that
d	the offence is an automatic forfeiture
n	offence.".
a

14. Declaration that property has been forfeited

n

o	At the end of section 36 of the Principal Act
ti	insert—
la	"(2) An applicant under this section for a
is	declaration that property has been forfeited is
g	not required to give notice of the application
e	to any person who has an interest in the
L	property.".
n
a	15. Application for civil forfeiture
ri	In section 37(3) of the Principal Act, after "a
to	restraining order" insert "made in reliance on a
ic	civil forfeiture offence for the purposes of civil
V	forfeiture". Confiscation (Amendment) Act 2003

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16. Disposal of property

In section 77(1) of the Principal Act—

ts	(a) in paragraph (d), for "sub-section—"
n	substitute "sub-section; or";
e

(b) after paragraph (d) insert—

m

u	"(e) any other property that—
c
o	(i) is of negligible value; or
D	(ii) is not fit for the use for which it is
ry	intended and cannot be readily
ta	made fit for that use—".

17. Disposal orders

n

e	(1) In section 78(1) of the Principal Act, for "If"
m	substitute "Subject to sub-section (1A), if".
ia
rl	(2) After section 78(1) of the Principal Act insert—
a	"(1A) If an application under section 77(1) is made
P	in respect of property of the kind described
d	in paragraph (e) of that section, the court
n	must be satisfied as to the following matters
a	before making a disposal order under sub-
n	section (1)—
o
ti	(a) that the property—
la	(i) is of negligible value; or
is	(ii) is not fit for the use for which it is
g	intended and cannot be readily
e	made fit for that use; and
L	(b) if there is any other person who has an
n	interest in the property to which the
a
ri	application relates, that the person is not likely to have any objections to the
to	disposal of the property; and
ic
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(c) that there is no other reason not to dispose of the property.

ts	Example
n	It may be a reason not to dispose of the property if the
e	property is of sentimental value to a person.".
m	18. New Part 10A inserted—property management
u
c	After Part 10 of the Principal Act insert—
o

"PART 10A—PROPERTY MANAGEMENT

D

ry	78A. Memorandum of understanding
ta	(1) The Secretary and a law enforcement agency
n	may enter into a memorandum of
e	understanding that provides for the transfer
m	from the law enforcement agency to the
ia	Secretary of responsibilities and powers
rl	under this Act in relation to the management
a	of property—
P	(a) seized under this Act; or
d	(b) in respect of which a restraining order
n
a	has been made; or
n	(c) seized under a warrant under—
o

ti	(i)	section 465 of the Crimes Act
la	1958; or
is	(ii)	section 81 of the Drugs, Poisons
g	and Controlled Substances Act
e	1981.

L	(2) A memorandum of understanding may—
n
a
ri

(a) refer to—

(i) specified property; or

to	(ii) a specified class of property; or
ic
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(iii)  a specified person who has an interest in property or against whom an order or declaration is

ts	made under this Act; and
n
e	(b) contain such terms as are agreed to by
m	the Secretary and the law enforcement
u	agency.
c	78B. Certificate of responsibility and power
o
D	(1) The Secretary may issue a certificate that states that the Secretary has responsibility
ry	for, and power in relation to, specified
ta	property by virtue of a specified
n	memorandum of understanding entered into
e	under section 78A.
m	(2) A certificate purporting to be signed by the
ia
rl	Secretary and issued under this section—
a	(a) is admissible in evidence in any
P	proceedings; and
d	(b) in the absence of evidence to the
n	contrary, is conclusive evidence of the
a	matters stated in it.
n	(3) A certificate under this section must be in the
o
ti	prescribed form.".
la	19. New section 79A inserted
is	After section 79 of the Principal Act insert—
g
e	"79A. Seizure warrants—public places
L	(1) A member of the police force may apply to a
n	magistrate or to a judge of the Supreme
a
ri	Court or County Court for a seizure warrant
to be issued under this Part in respect of—
to	(a) tainted property which is at a public
ic	place; or
V

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(b) property forfeited under this Act which is at a public place.

ts	(2) A magistrate or judge to whom an
n	application is made under sub-section (1), if
e	satisfied that there are reasonable grounds
m	for believing that there is, or may be within
u	the next 72 hours, any tainted property at a
c	public place or any property forfeited under
o	this Act at a public place, may issue a seizure
D	warrant authorising any member of the
ry	police force to seize—
ta	(a) the tainted property specified in the

warrant from a public place; or

n

e	(b)	the forfeited property specified in the
m	warrant from a public place.

ia	(3) A seizure warrant may be issued under this
rl	Part in reliance on the commission of a
a	forfeiture offence even if no person has been
P	charged with that offence if the magistrate or
d	judge is satisfied that it is likely that a person
n	will be so charged within 48 hours.
a

(4) There must be stated in a seizure warrant— (a) the purpose for which the warrant is

n
o

ti	issued; and
la	(b) the nature of the offence in reliance on
is	which the warrant is issued; and
g
e	(c) a description of the property authorised
L	to be seized.
n	(5) Nothing in a seizure warrant authorises—
a

ri (a) the seizure of property other than the

to	property specified in the warrant; or (b) the arrest of a person; or
ic
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(c) the entry of any premises to seize property.

ts	(6) Every seizure warrant issued under sub-
n	section (2) must be in the prescribed form.".
e	20. Consequential amendments—seizure warrants
m	(1) In section 80 of the Principal Act, after "search
u
c	warrant" insert "or a seizure warrant" (wherever
o	occurring).
D	(2) Insert the following heading to section 81 of the
ry	Principal Act—
ta	"Warrant may be granted by telephone".
n	(3) In section 81 of the Principal Act—
e

(a) in sub-section (1), after "section 79" insert

m

"or a seizure warrant under section 79A";

ia
rl

(b) in sub-section (4), after "section 79(2)"

a	insert "or section 79A(2) (as the case
P	requires)";
d	(c) in sub-section (5) after "search warrant"
n	insert "or a seizure warrant";
a

(d) in sub-section (6)—

n
o

ti (i) after "the search warrant" (where first

occurring) insert "or the seizure

la	warrant";
is	(ii) in paragraph (a), after "search warrant"
g
e	insert "or a seizure warrant (as the case
L	requires)";
n	(iii) in paragraph (b), after "search warrant"
a	insert "or the seizure warrant (as the
ri	case requires)";
to	(e) in sub-section (7) after "search warrant"
ic	insert "or a seizure warrant".
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(4) In section 82(1) of the Principal Act, after "search warrant" insert "or a seizure warrant".

ts	(5) Insert the following heading to section 84 of the
n	Principal Act—
e	"Duty to show search warrant".
m	21. New section 84A inserted
u
c	After section 84 of the Principal Act insert—
o
D	"84A. Duty to show seizure warrant
ry	A member of the police force executing a seizure warrant must produce the warrant for
ta	inspection by any person present during the
n	execution of the seizure warrant, if that
e	person—
m
ia	(a) has an interest in the property being
rl	seized; or
a	(b) is in charge of the property being
P	seized.".
d	22. References to seizure warrants
n
a	(1) In section 86 of the Principal Act, after "search
n	warrant" insert "or a seizure warrant".
o
ti	(2) In section 88 of the Principal Act, after "search

warrant" insert "or a seizure warrant".

la

is	23. New section 88A inserted
g	After section 88 of the Principal Act insert—
e	"88A. Notice of execution of seizure warrant
L
n	(1) The applicant for a seizure warrant must give
a	notice of the execution of that warrant to all
ri	persons known to have an interest in the
to	property seized under the warrant.
ic
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(2) A notice under sub-section (1) must be—

(a) given as soon as practicable, but not

ts	more than 7 days after the execution of
n	the seizure warrant; and
e	(b) in the prescribed form.".
m	24. Further references to seizure warrants
u
c	(1) In section 89(1) of the Principal Act, after "search
o	warrant" insert "or a seizure warrant".
D

(2) In section 89(1)(d) of the Principal Act, for

ry	"stating" substitute "in the case of a search
ta	warrant, stating".
n	(3) After section 89(1)(d) of the Principal Act
e	insert—
m
ia	"(da) in the case of a seizure warrant, stating
rl	whether or not a notice of the execution of a
a	seizure warrant has been given in accordance
P	with section 88A; and".
d	(4) In section 89(1)(e) of the Principal Act, after
n	"execution of the" insert "search".
a	(5) In section 90 of the Principal Act—
n
o	(a) after "search warrant" insert "or a seizure
ti	warrant";
la	(b) in paragraph (b), for "a power" substitute
is	"in the case of a search warrant, a power".
g	(6) In section 91 of the Principal Act, after "search
e
L	warrant" insert "or a seizure warrant".
n	(7) In section 95 of the Principal Act, after "search
a
ri	warrant" insert "or a seizure warrant".
to
ic
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25. New sections 95A to 95E inserted

After section 95 of the Principal Act insert—

ts	"95A. Application for property seized under
n	search warrants under other Acts to be
e	held or retained under this Act
m	(1) A member of the police force may apply to
u
c	the Magistrates' Court for a declaration that
o	property seized under a warrant under—
D	(a) section 465 of the Crimes Act 1958; or
ry	(b) section 81 of the Drugs, Poisons and
ta	Controlled Substances Act 1981—
n	is to be held or retained as if it were tainted
e	property seized under a warrant under
m	section 79 of this Act.
ia
rl	(2) An application under sub-section (1) may
a	only be made if—

P	(a)	the property is no longer required for
d	evidentiary purposes under the Crimes
n	Act 1958 or the Drugs, Poisons and
a	Controlled Substances Act 1981 (as
n	the case requires); and
o

ti (b) no direction has previously been made

under section 465(1B) or 465C of the

la	Crimes Act 1958 or section 81(1A) or
is	81C of the Drugs, Poisons and
g	Controlled Substances Act 1981 (as
e	the case requires).
L

(3) An application may be made within 7 days

n

a	after the property is no longer required for
ri	evidentiary purposes under the Crimes Act
to	1958 or the Drugs, Poisons and Controlled
ic	Substances Act 1981 (as the case requires).
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95B. What must be in the application?

(1) An application under section 95A must be

ts	supported by evidence on oath or by affidavit
n	of the applicant.
e	(2) An application under section 95A must
m	specify—
u
c	(a) whether the warrant was issued under
o	the Crimes Act 1958 or the Drugs,
D	Poisons and Controlled Substances
ry	Act 1981; and
ta	(b) when the warrant was issued; and
n	(c) the property seized under the warrant
e	which is the subject of the application;
m	and
ia	(d) the grounds on which the applicant
rl	believes that the property seized under
a	the warrant is tainted property; and
P

(e) whether any directions have been made

d	in relation to the property and, if so,
n
a	whether those directions have been complied with; and
n
o	(f) the offence or offences with which the
ti	defendant has been charged; and
la	(g) that the property which is the subject of
is	the application is no longer required for
g	evidentiary purposes under the Crimes
e	Act 1958 or the Drugs, Poisons and
L	Controlled Substances Act 1981 (as
n	the case requires).
a
ri	95C. Court may make declaration
to	(1) If the Magistrates' Court is satisfied that it is
ic	appropriate to do so, the Court may make a
V	declaration that property seized under a warrant under—

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s. 25

(a) section 465 of the Crimes Act 1958; or

(b) section 81 of the Drugs, Poisons and

ts	Controlled Substances Act 1981—
n	is to be held or retained as if it were tainted
e	property seized under a warrant under
m	section 79 of this Act.
u
c	(2) A declaration must—
o	(a) specify the property to which the
D	declaration applies; and
ry	(b) state that the specified property to
ta	which the declaration applies is to be
n	held or retained as if it were tainted
e	property seized under a warrant under
m	section 79 of this Act.
ia	95D. Notice of declaration
rl	(1) If the Magistrates' Court makes a declaration
a
P	under section 95C, the applicant for the declaration must give notice that the
d	declaration has been made to all persons
n
a	known to have an interest in the property to which the declaration applies that the
n	property is being held or retained as if it
o
ti	were tainted property seized under a warrant
la	under section 79 of this Act by virtue of a
is	declaration made under section 95C.

(2) A notice under sub-section (1) must be—

g

e	(a) given within 7 days after the
L	Magistrates' Court has made the
n	declaration under section 95C; and
a
ri	(b) in the prescribed form.
to	95E. Effect of declaration
ic	If a declaration is made under section 95C,
V	the property to which the declaration applies—

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s. 26

(a) is deemed, on and from the date on which the property is no longer required for evidentiary purposes under

ts	the Crimes Act 1958 or the Drugs,
n	Poisons and Controlled Substances
e	Act 1981 (as the case requires), to have
m	been seized as tainted property under a
u	warrant under section 79 of this Act;
c
o	and

D	(b)	is to be dealt with under this Act
ry	accordingly.".

ta 26. Return of seized property—applications and seizure

warrants

n

e	(1) In section 97(2)(a) of the Principal Act, after
m	"search warrant" insert "or a seizure warrant".
ia	(2) In section 97(3) of the Principal Act, after "search
rl	warrant" insert "or a seizure warrant".
a
P	(3) After section 97(3) of the Principal Act insert—
d	"(3A) If property has been seized under a search
n	warrant or a seizure warrant (other than
a	property seized under a warrant referred to in
n	sub-section (11) or sold under section 96), a
o	prescribed person may apply to the
ti	Magistrates' Court for an order—
la	(a) directing that the property be returned
is	to—
g
e	(i) the person from whose possession
L	the property was seized; or
n	(ii) any other person who claims an
a
ri	interest in the property; or
to	(b) directing that access to the property be
ic	given to—

(i) the person from whose possession the property was seized; or

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(ii)  any other person who claims an interest in the property—

ts	and the Court may, if it considers it
n	appropriate, make such an order on such
e	terms and conditions (if any) as it thinks fit.".
m	(4) In section 97 of the Principal Act—
u
c	(a) in sub-sections (4), (5), (6) and (10), after
o	"sub-section (3)" insert "or (3A)";
D	(b) in sub-section (11)—
ry	(i) for "sub-section (3)" substitute "sub-
ta	sections (3) and (3A)";
n	(ii) after "search warrant" insert "or a
e	seizure warrant".
m
ia	27. New Part 11A inserted—property management
rl	warrants
a	After Part 11 of the Principal Act insert—
P

"PART 11A—PROPERTY MANAGEMENT

d	WARRANTS
n
a
n	Division 1—Search and Inspection Warrants
o
ti	97A. Application for search and inspection
la	warrant
is	(1) A prescribed person or a person who belongs
g	to a prescribed class of persons may apply to
e	a magistrate for a search and inspection
L	warrant to be issued under this Division in
n	respect of specified property—
a

ri	(a)	that is the subject of a restraining order;
to	or

ic	(b) to which an embargo notice relates; or
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(c) that has been forfeited under this Act—

if the applicant believes on reasonable

ts	grounds that—
n	(d) it is necessary to inspect the property
e	for the purposes of maintaining the
m	property; and
u
c	(e) in the case of property other than real
o	property, the property is, or may be
D	within the next 72 hours, in or on
ry	specified premises.
ta	(2) An application for a search and inspection

warrant must be made in writing.

n

e	(3) A magistrate must not issue a search and
m	inspection warrant unless—
ia	(a) the application for the warrant sets out
rl	the grounds on which the warrant is
a	being sought; and
P

(b) the applicant has given the magistrate,

d	either orally or in writing, any further
n
a	information that the magistrate requires concerning the grounds on which the
n	warrant is being sought; and
o
ti	(c) the information given by the applicant
la	is verified before the magistrate on oath
is	or affirmation or by affidavit.
g	(4) A magistrate may administer an oath or
e	affirmation or take an affidavit for the
L	purposes of an application for a search and
n	inspection warrant.
a
ri	97B. Search and inspection warrant
to	(1) A magistrate to whom an application is made
ic	under section 97A, if satisfied that there are
V	reasonable grounds for believing the matters set out in the application, may issue a search

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and inspection warrant to the person or
persons named in the warrant to enter the

specified premises and search for and inspect

ts	the specified property.
n
e	(2) A search and inspection warrant issued under
m	sub-section (1) may authorise the person or
u	persons named in the warrant—
c	(a) to enter the premises specified in the
o	warrant; and
D

(b) to search for and inspect the property

ry	specified in the warrant; and
ta	(c) to break open any receptacle in or on
n	the premises specified in the warrant
e	for the purposes of the search and
m	inspection of the property specified in
ia	the warrant, if it is reasonably
rl	necessary to do so; and
a
P	(d) to photograph or record by other means the property specified in the warrant;
d
n	and

a	(e)	to make an inventory of the property
n	specified in the warrant.
o

ti	(3) A search and inspection warrant issued under
la	person directed by the sheriff to break and
sub-section (1) may authorise the sheriff or a
is	enter the premises specified in the warrant.
g
e	(4) Nothing in a search and inspection warrant
L	authorises—
n	(a) the seizure of property; or
a
ri	(b) the arrest of a person.
to	(5) There must be stated in a search and
ic	inspection warrant—

V (a) the purpose for which the warrant is issued; and

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(b) a description of the property authorised to be inspected; and

ts	(c)	whether a restraining order or embargo
n	notice relates to the property or whether
e	the property is forfeited under this Act;
m	and

u	(d) the address or other description of the
c	premises in respect of which the
o	warrant is issued.
D

(6) Every search and inspection warrant issued

ry	under sub-section (1) must be in the
ta	prescribed form.
n	97C. Record of proceedings for search and
e	inspection warrant
m
ia	(1) A magistrate who issues a search and
rl	inspection warrant must cause a record to be
a	made of all relevant particulars of the
P	grounds he or she has relied on to justify the issue of the warrant.
d
n	(2) The magistrate may decline to record any
a	matter that might disclose the identity of a
n	person if the magistrate believes on
o	reasonable grounds that to do so might
ti	jeopardise the safety of any person.
la	97D. Announcement before entry
is
g	On executing a search and inspection
e	warrant, the person executing the warrant—
L	(a) must announce that he or she is
n	authorised by the warrant to enter the
a
ri	premises; and
to	(b) must give any person at the premises an

opportunity to allow entry to the

ic	premises before force is used to enter
V	the premises.

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97E. Copy of search and inspection warrant to be given to occupier

ts	(1) A person executing a search and inspection
n	warrant must—
e	(a) if the occupier is present at the
m	premises where the warrant is being
u	executed, identify himself or herself to
c	the occupier and give the occupier a
o	copy of the warrant; or
D

(b) if the occupier is not present at the

ry	premises where the warrant is being
ta	executed, identify himself or herself to
n	any other person at the premises and
e	give that person a copy of the warrant.

m	Penalty:	Level 10 fine (10 penalty units
ia
rl	maximum).

a	(2) If a person executing a search and inspection
P	warrant—
d	(a) believes that the occupier is not present
n	at the premises and that no other person
a	is present at the premises; or
n	(b) has given a copy of the warrant to a
o
ti	person at the premises who is not the
la	occupier—
is	he or she must give the occupier a copy of
g	the warrant as soon as practicable but not
e	more than 7 days after the warrant is
L	executed.
n	Penalty:  Level 10 fine (10 penalty units
a
ri	maximum).
to
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97F. Use of assistants to execute search and inspection warrant

ts	A person executing a search and inspection
n	warrant may do so with the aid of any
e	assistants that the person considers
m	reasonably necessary to achieve the purpose
u	for which the warrant was issued.
c	97G. Application of Magistrates' Court Act
o	1989
D
Except to the extent that a contrary intention
ry	appears in this Division, the rules to be
ta	observed with respect to search warrants
n	mentioned in the Magistrates' Court Act
e	1989 extend and apply to search and
m	inspection warrants under this Division.
ia	97H. Expiry of search and inspection warrant
rl
a	(1) A search and inspection warrant ceases to
P	have effect if it is recalled and cancelled by the magistrate who issued it.
d
n	(2) If sub-section (1) does not apply, a search
a	and inspection warrant ceases to have
n	effect—
o

ti	(a)	at the end of the period of 1 month after
la	its issue; or

is	(b) when it is executed—
g	whichever occurs first.
e
L	97I. Report on execution of warrant etc.
n	(1) The person to whom a search and inspection
a
ri	warrant is issued must give a report to the
registrar of the Magistrates' Court—
to	(a) stating whether or not the warrant was
ic	executed; and
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(b) if the warrant was executed, setting out briefly the result of the execution of the warrant (including a brief description of

ts	the property inspected); and
n
e	(c) if the warrant was not executed, setting
m	out briefly the reasons why the warrant
u	was not executed; and
c	(d) stating whether or not a copy of the
o	warrant was given to the occupier or
D	another person at the premises; and
ry	(e) stating whether or not a copy of any
ta	inventory made of the property
n	inspected and a notice as required by
e	section 97J were given to any person
m	who has an interest in the property
ia	inspected.
rl	(2) A report must be—
a
P	(a) in the prescribed form; and
d	(b) made within 10 days after the expiry of
n	the warrant.
a

(3) A person may apply to the Magistrates'

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s. 42

been committed before the commencement

of that section.

ts	(3) Item 7 of Schedule 1, as amended by
n	section 36 of the Confiscation
e	(Amendment) Act 2003, applies only with
m	respect to an offence alleged to have been
u	committed after the commencement of that
c	section.
o	(4) For the purposes of this section, if an offence
D	is alleged to have been committed between
ry	two dates and section 36 of the Confiscation
ta	(Amendment) Act 2003 commences on a
date between those two dates, the offence is
n
e	alleged to have been committed before the commencement of that section.
m
ia	167. Confiscation (Amendment) Act 2003—
rl	Schedule 2—drug trafficking offences
a	transitional provisions
P	(1) Item 1 of Schedule 2, as amended by
d	section 37 of the Confiscation
n	(Amendment) Act 2003, applies only with
a	respect to an offence alleged to have been
n	committed after the commencement of that
o
ti	section.
la	(2) For the purposes of sub-section (1), if an

offence is alleged to have been committed

is	between two dates and section 37 of the
g
e	Confiscation (Amendment) Act 2003
L	commences on a date between those two dates, the offence is alleged to have been
n
a	committed before the commencement of that
ri	section.
to
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168. Confiscation (Amendment) Act 2003—
Schedule 2 offences transitional provisions

ts	(1) Despite the substitution of item 2 of
n	Schedule 2 by section 38 of the
e	Confiscation (Amendment) Act 2003,
m	item 2, as in force immediately before the
u	commencement of that section, continues to
c	apply in respect of any offence referred to in
o	item 2 (as in force immediately before that
D	commencement) which is alleged to have
ry	been committed before the commencement
of that section.
ta	(2) Item 2 of Schedule 2, as amended by
n
e	section 38 of the Confiscation (Amendment) Act 2003, applies only with
m
ia	respect to an offence alleged to have been
rl	committed after the commencement of that
section.
a
P	(3) Items 2A, 2B and 2C of Schedule 2 apply
d	only with respect to an offence alleged to
n	have been committed after the
a	commencement of section 38 of the
n	Confiscation (Amendment) Act 2003. (4) For the purposes of this section, if an offence
o
ti	is alleged to have been committed between
la	two dates and section 38 of the Confiscation
is	(Amendment) Act 2003 commences on a
g	date between those two dates, the offence is
e	alleged to have been committed before the
L	commencement of that section.
n
a
ri
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169. Confiscation (Amendment) Act 2003—
Schedule 2—money laundering

ts	transitional provisions
n	(1) Despite the amendment of item 3 of
e	Schedule 2 by section 39 of the
m	Confiscation (Amendment) Act 2003,
u	item 3, as in force immediately before the
c	commencement of that section, continues to
o	apply in respect of any offence referred to in
D	item 3 (as in force immediately before that
ry	been committed before the commencement commencement) which is alleged to have
ta	of that section.
n	(2) Item 3 of Schedule 2, as amended by section 39 of the Confiscation
e
m
ia	(Amendment) Act 2003, applies only with
rl	respect to an offence alleged to have been committed after the commencement of that
a	section.
P

(3) For the purposes of this section, if an offence

d

n	is alleged to have been committed between
a	two dates and section 39 of the Confiscation
n	(Amendment) Act 2003 commences on a
o	date between those two dates, the offence is
ti	alleged to have been committed before the
la	commencement of that section.
is	170. Confiscation (Amendment) Act 2003—
g	Schedule 2—attempts transitional
e	provisions
L

(1) Despite the amendment of item 5 of

n

a	Schedule 2 by section 40 of the
ri	Confiscation (Amendment) Act 2003,
to	item 5, as in force immediately before the
commencement of that section, continues to
ic	apply in respect of any offence referred to in
V	item 5 (as in force immediately before that commencement) which is alleged to have

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Part 3—Transitional Provisions

s. 42

been committed before the commencement

of that section.

ts	(2) Item 5 of Schedule 2, as amended by
n	section 40 of the Confiscation
e	(Amendment) Act 2003, applies only with
m	respect to an offence alleged to have been
u	committed after the commencement of that
c	section.
o	(3) For the purposes of this section, if an offence
D	is alleged to have been committed between
ry	two dates and section 40 of the Confiscation
ta	(Amendment) Act 2003 commences on a
date between those two dates, the offence is
n
e	alleged to have been committed before the commencement of that section.
m
ia	171. Confiscation (Amendment) Act 2003—
rl	Schedule 2—common law offences
a	transitional provisions
P	(1) Despite the substitution of item 7 of
d	Schedule 2 by section 41 of the
n	Confiscation (Amendment) Act 2003,
a	item 7, as in force immediately before the
n	commencement of that section, continues to
o
ti	apply in respect of any offence referred to in
item 7 (as in force immediately before that
la	commencement) which is alleged to have
is	been committed before the commencement
g	of that section.
e	(2) Item 7 of Schedule 2, as amended by section 41 of the Confiscation
L
n
a	(Amendment) Act 2003, applies only with
ri	respect to an offence alleged to have been
to	committed after the commencement of that
section.
ic
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(3) Items 8 and 9 of Schedule 2 apply only with

respect to an offence alleged to have been
committed after the commencement of

ts	section 41 of the Confiscation
n	(Amendment) Act 2003.
e

(4) For the purposes of this section, if an offence

m

u	is alleged to have been committed between
c	two dates and section 41 of the Confiscation
o	(Amendment) Act 2003 commences on a
D	date between those two dates, the offence is
ry	alleged to have been committed before the
commencement of that section.
ta	172. Interpretation of Legislation Act 1984
n
e	The provisions of sections 158 to 171 are in
m	addition to, and not in derogation from, the
ia	provisions of the Interpretation of
rl	Legislation Act 1984.'.
a	__________________
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d
n
a
n
o
ti
la
is
g
e
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n
a
ri
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Part 4—Amendments to Other Acts

s. 43

PART 4—AMENDMENTS TO OTHER ACTS

ts	Division 1—Crimes Act 1958
n
e	43. Seizure of tainted property under Crimes Act 1958
m	warrant
u	See:
c	Act No.

After section 465(1A) of the Crimes Act 1958

o	6231.	insert—
D	Reprint No. 16 as at	"(1B) A magistrate who issues a warrant under
ry	1 January

2002	sub-section (1), if satisfied on reasonable
ta	and
amending	grounds by the evidence given under that sub-section that the thing to which the
n	Act Nos
45/2001,	warrant relates is also tainted property within
e	11/2002,
the meaning of the Confiscation Act 1997,
m	16/2002 and
35/2002.	may, in that warrant, direct that the applicant
ia	LawToday:
rl		hold or retain that thing as if it were tainted
dpc.vic.	property seized under a warrant under
a	gov.au
section 79 of that Act as and from the date
P	when that thing is no longer required for
d	evidentiary purposes under this Act.".
n
a	44. New sections 465A to 465E inserted
n	After section 465 of the Crimes Act 1958
o
ti	insert—
la	"465A. Notice that seized thing is being held for
is	purposes of Confiscation Act 1997
g	(1) If a thing seized under a warrant issued
e	under section 465 to which a direction under
L	section 465(1B) applies is no longer required
n	for evidentiary purposes under this Act, the
a	person to whom that warrant was issued
ri	must give notice to all persons known to
to	have an interest in that thing that the thing is
ic	being held or retained as if it were tainted
property seized under a warrant under
V	section 79 of the Confiscation Act 1997.

Confiscation (Amendment) Act 2003

Act No. 63/2003

Part 4—Amendments to Other Acts

s. 44

(2) A notice under sub-section (1) must be—

(a) given within 7 days after the thing is no

ts	longer required for evidentiary
n	purposes under this Act; and
e	(b) in the prescribed form.
m	465B. Application for tainted property to be
u
c	held or retained—return of warrant to
o	court
D	(1) When a thing is brought before the
ry	Magistrates' Court to be dealt with according
ta	to law in accordance with the warrant issued under section 465 under which that thing was
n	seized, the member of the police force
e	named in the warrant or another member of
m	the police force may apply to the Court for a
ia	direction that the thing so seized be held or
rl	retained as if it were tainted property seized
a	under a warrant under section 79 of the
P	Confiscation Act 1997.
d	(2) An application may only be made under sub-
n
a	section (1) if a direction under section 465(1B) was not made in relation to the
n	warrant when it was issued.
o
ti	465C. Court may make direction
la	(1) On an application under section 465B, if the
is	Court is satisfied on reasonable grounds that
g	the thing seized under the warrant issued
e	under section 465 is tainted property within
L	the meaning of the Confiscation Act 1997,
n	the Court may direct that the thing be held or
a
ri	retained by the member of the police force or other person named in the warrant as if it
to	were tainted property seized under a warrant
ic	under section 79 of that Act.
V

Confiscation (Amendment) Act 2003

Act No. 63/2003

Part 4—Amendments to Other Acts

s. 44

(2) A direction under this section takes effect on
and from the date that the thing is no longer

required for evidentiary purposes under this

ts	Act.
n
e	(3) In determining whether the thing which is
m	the subject of the application is in fact
u	tainted property within the meaning of the
c	Confiscation Act 1997, the Court may
o	require the applicant to provide any
D	information that the Court considers
ry	necessary.
ta	(4) The power of the Court under this section is

in addition to its powers under section 78 of

n

e	the Magistrates' Court Act 1989 in relation to seized property.
m
ia	465D. Notice of direction under section 465C
rl	(1) If the Magistrates' Court makes a direction
a	under section 465C, the applicant for the
P	direction must give notice to all persons
d	known to have an interest in the thing to
n	which the direction applies that the thing is
a	being held or retained as if it were tainted
n	property seized under a warrant under
o
ti	section 79 of the Confiscation Act 1997 by
virtue of a direction made under section
la	465C.
is	(2) A notice under sub-section (1) must be— (a) given within 7 days after the thing is no
g
e
L	longer required for evidentiary
n	purposes under this Act; and
a
ri	(b) in the prescribed form.
to
ic
V

Confiscation (Amendment) Act 2003

Act No. 63/2003

Part 4—Amendments to Other Acts

s. 45

465E. Effect of directions under sections 465(1B)

and 465C

ts	If a direction has been made under section
n	465(1B) or 465C, the thing to which the
e	direction applies—
m	(a) is deemed, on and from the date on
u	which the thing is no longer required
c	for evidentiary purposes under this Act,
o	to have been seized as tainted property
D	under a warrant under section 79 of the
ry	Confiscation Act 1997; and

ta	(b)	is to be dealt with under that Act
n	accordingly.".
e

m	Division 2—Drugs, Poisons and Controlled Substances Act
ia
rl

1981

45. New definition inserted

a

P	In section 70(1) of the Drugs, Poisons and	See: Act No.
d	Controlled Substances Act 1981 insert the	9719.
Reprint No. 6
n	following definition—
as at
a	14 February
' "automatic forfeiture quantity", in relation to a drug of dependence the name of which is	2002
n	and
o	amending
ti	specified in column 1 of Part 3 of Schedule	Act No.
Eleven, means the quantity of that drug,	11/2002.
la	LawToday:
including any other substance in which it is
is
contained or with which it is mixed, that is	dpc.vic.
g	specified in column 2B of that Part of that
gov.au
e	Schedule opposite to the name of that drug
L	of dependence;
n	Note: see the Confiscation Act 1997;'.
a
ri
to
ic
V

Confiscation (Amendment) Act 2003

Act No. 63/2003

Part 4—Amendments to Other Acts

s. 46

46. Seizure of tainted property under Drugs, Poisons and Controlled Substances Act 1981 warrant

ts	(1) In section 81(1) of the Drugs, Poisons and
n	Controlled Substances Act 1981 insert—
e	"(1A) A magistrate who issues a warrant under
m	sub-section (1), if satisfied on reasonable
u	grounds by the evidence given under that
c	sub-section that the thing or document to
o	which the warrant relates is also tainted
D	property within the meaning of the
ry	Confiscation Act 1997, may, in that warrant,
ta	direct that the applicant hold or retain that
thing or document as if it were tainted
n
e	property seized under a warrant under section 79 of that Act as and from the date
m
ia	when that thing or document is no longer
rl	required for evidentiary purposes under this
Act.
a
P	(1B) A direction under sub-section (1A)— (a) may only be made in relation to an
d
n	offence under this Act which is a
a	forfeiture offence within the meaning
n	of the Confiscation Act 1997; and
o

ti	(b)	does not apply to a thing which may be
la	destroyed or disposed of under sub-
is	section (3)(e).".

g	(2) In section 81(3)(d) of the Drugs, Poisons and
e	Controlled Substances Act 1981, after "away or"
L	insert ", unless a direction under sub-section (1A)
n	applies,".
a
ri	(3) After section 81(4) of the Drugs, Poisons and
to	Controlled Substances Act 1981 insert—
ic	"(4A) If a direction under sub-section (1A) was

made, a report referred to in sub-section

V (4)(b) must also include particulars of
whether a seized thing or document is being

Confiscation (Amendment) Act 2003

Act No. 63/2003

Part 4—Amendments to Other Acts

s. 47

held or retained as if it were tainted property within the meaning of the Confiscation Act 1997 seized under a warrant under section 79

ts	of that Act.".
n
e	47. New sections 81A to 81E inserted
m	After section 81 of the Drugs, Poisons and
u	Controlled Substances Act 1981 insert—
c
o	"81A. Notice that seized thing or document is
D	being held for purposes of Confiscation
ry	Act 1997
ta	(1) If a thing or document seized under a

warrant issued under section 81 to which a

n	direction under section 81(1A) applies is no
e	longer required for evidentiary purposes
m	under this Act, the person to whom that
ia	warrant was issued must give notice to all
rl	persons known to have an interest in that
a	thing or document that the thing or document
P	is being held or retained as if it were tainted
d	property seized under a warrant under
n	section 79 of the Confiscation Act 1997.
a

(2) A notice under sub-section (1) must be— (a) given within 7 days after the thing or

n
o

ti	document is no longer required for
la	evidentiary purposes under this Act;
is	and
g	(b) in the prescribed form.
e
L	81B. Application for tainted property to be
n	held or retained—return of warrant to
a
ri
court

(1) When a thing or document is brought before

to	the Magistrates' Court to be dealt with
ic	according to law in accordance with the
V	warrant issued under section 81 under which that thing or document was seized, the

Confiscation (Amendment) Act 2003

Act No. 63/2003

Part 4—Amendments to Other Acts

s. 47

member of the police force to whom the
warrant was addressed or another member of

the police force may apply to the Court for a

ts	direction that the thing or document so
n	seized be held or retained as if it were tainted
e	property seized under a warrant under
m	section 79 of the Confiscation Act 1997.
u
c	(2) An application may only be made under sub-
o	section (1) if a direction under section
D	81(1A) was not made in relation to the
ry	warrant when it was issued.
ta	81C. Court may make direction
n	(1) On an application under section 81B, if the
e	Court is satisfied on reasonable grounds that
m	the thing or document seized under the
ia	warrant issued under section 81 is tainted
rl	property within the meaning of the
a	Confiscation Act 1997, the Court may direct
P	that the thing or document be held or
d	retained by the member of the police force as
n	if it were tainted property seized under a
a	warrant under section 79 of that Act. (2) A direction under this section takes effect on
n
o
ti	and from the date that the thing or document
is no longer required for evidentiary
la	purposes under this Act.
is	(3) In determining whether the thing or
g
e	document which is the subject of the
L	application is in fact tainted property within the meaning of the Confiscation Act 1997,
n
a	the Court may require the applicant to
ri	provide any information that the Court
to	considers necessary.
ic
V

Confiscation (Amendment) Act 2003

Act No. 63/2003

Part 4—Amendments to Other Acts

s. 47

81D. Notice of direction under section 81C

(1) If the Magistrates' Court makes a direction

ts	under section 81C, the applicant for the
n	direction must give notice to all persons
e	known to have an interest in the thing or
m	document to which the direction applies that
u	the thing or document is being held or
c	retained as if it were tainted property seized
o	under a warrant under section 79 of the
D	Confiscation Act 1997 by virtue of a
ry	direction made under section 81C.
ta	(2) A notice under sub-section (1) must be—
n	(a) given within 7 days after the thing or
e	document is no longer required for
m	evidentiary purposes under this Act;
ia	and
rl	(b) in the prescribed form.
a
P	81E. Effect of directions under sections 81(1A)

and 81C

d

n	If a direction has been made under section
a	81(1A) or 81C, the thing or document to
n	which the direction applies—
o

ti	(a)	is deemed, on and from the date on
la	which the thing or document is no
longer required for evidentiary
is	purposes under this Act, to have been
g	seized as tainted property under a
e	warrant under section 79 of the
L	Confiscation Act 1997; and
n

a	(b) is to be dealt with under that Act
ri	accordingly.".
to
ic
V

Confiscation (Amendment) Act 2003

Act No. 63/2003

Part 4—Amendments to Other Acts

s. 48

48.  Amendment of Schedule Ten warrant—Drugs, Poisons and Controlled Substances Act 1981

ts	(1) In Schedule Ten to the Drugs, Poisons and
n	Controlled Substances Act 1981, before "Given
e	under my hand" insert—
m	"*(2) in relation to a specified thing or a specified document
u	to which this warrant relates which is also tainted
c	property within the meaning of the Confiscation Act
o	1997, to hold or retain that thing or document as if it were tainted property seized under a warrant under
D	section 79 of that Act as and from the date when that
ry	thing or document is no longer required for evidentiary purposes under the Drugs, Poisons and
ta	Controlled Substances Act 1981.".
n	(2) In Schedule Ten to the Drugs, Poisons and Controlled Substances Act 1981, omit "19"
e
m	(where last occurring).
ia

rl	49.	New Part 3 of Schedule Eleven to the Drugs, Poisons
a	and Controlled Substances Act 1981 inserted

P	For Part 3 in Schedule Eleven to the Drugs,
d	Poisons and Controlled Substances Act 1981
n	substitute—
a

"PART 3

n

o	Column 1	Column 1A	Column 1B	Column 2	Column	Column	Column 3	Column 4
ti	2A	2B
(Large	(Large	(Commer-	(Commer-	(Automatic	(Traffick-	(Small
la	Commercial	Commercial	cial	cial	Forfeiture	able	Quantity)
Quantity)	Quantity)	Quantity)	Quantity)	Quantity)	Quantity)
is	Drug	Quantity	Quantity of	Quantity	Quantity	Quantity	Quantity	Quantity
mixture of	of mixture
substance and	of
g	drug of	substance
dependence	and drug
e	of depend-
L	ence
AMPHETAMINE	750⋅0 g	2⋅50 kg	250⋅0 g	1⋅25 kg	75⋅0 g	6⋅0 g	1⋅0 g
n	COCAINE	750⋅0 g	1⋅0 kg	250⋅0 g	500⋅0 g	30⋅0 g	3⋅0 g	1⋅0 g
a
ri	DIACETYLMORPHINE	750⋅0 g	1⋅0 kg	250⋅0 g	500⋅0 g	30⋅0 g	3⋅0 g	1⋅0 g
(Heroin)
to	LYSERGIC ACID	150⋅0 mg	50⋅0 mg	3⋅0 mg	1⋅5 mg	0⋅2 mg
DIETHYLAMIDE
ic	METHYLAMPHETAMINE	750⋅0 g	2⋅50 kg	250⋅0 g	1⋅25 kg	75⋅0 g	6⋅0 g	1⋅0 g
V

Confiscation (Amendment) Act 2003

Act No. 63/2003

Part 4—Amendments to Other Acts

s. 49

Column 1	Column 1A	Column 1B	Column 2	Column	Column	Column 3	Column 4
2A	2B
(Large	(Large	(Commer-	(Commer-	(Automatic	(Traffick-	(Small
Commercial	Commercial	cial	cial	Forfeiture	able	Quantity)

ts Quantity) Quantity) Quantity) Quantity) Quantity) Quantity)

Drug	Quantity	Quantity of	Quantity	Quantity	Quantity	Quantity	Quantity
mixture of	of mixture

n	substance and	of
e	drug of	substance
dependence	and drug of depend-
m	ence

u	3,4-METHYLENEDIOXY-	750⋅0 g	1⋅0 kg	100⋅0 g	500⋅0 g	30⋅0 g	3⋅0 g	0⋅75 g
c	AMPHETAMINE (MDA)
o	3,4-METHYLENEDIOXY-N-
METHYLAMPHETAMINE
750⋅0 g	1⋅0 kg	100⋅0 g	500⋅0 g	30⋅0 g	3⋅0 g	0⋅75 g
D	(MDMA)
TETRAHYDROCANNABINOL	3⋅0 kg	25⋅0 kg	1⋅0 kg	10⋅0 kg	600⋅0 g	25⋅0 g	1⋅0 g
ry	ANABOLIC AND	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
ANDROGENIC STEROIDAL
ta	AGENTS, other than in implant preparations for use in animals
n	ATAMESTANE	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
e	BOLANDIOL	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
m	BOLASTERONE	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
ia	BOLAZINE	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
rl	BOLDENONE	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
BOLENOL	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
a	CALUSTERONE	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
P	CHLORANDROSTENOLONE	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
CLOSTEBOL	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
d	DANAZOL	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
n	DIHYDROLONE	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
a	DIMETHANDROSTANOLONE	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
n	DROSTANOLONE	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
o	ENESTEBOL	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
ti	EPITIOSTANOL	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
la	ETHYLDIENOLONE	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
ETHYLOESTRENOL	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
is	FLUOXYMESTERONE	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
g	FORMEBOLONE	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
e	FURAZABOL	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
L	HYDROXYSTENOZOL	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
MEBOLAZINE	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
n	MEPITIOSTANE	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
a
ri	MESABOLONE	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
MESTANOLONE	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
to	MESTEROLONE	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
ic
METHANDIENONE	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
METHANDRIOL	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
V	METHENOLONE	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
METHYLCLOSTEBOL	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g

Confiscation (Amendment) Act 2003

Act No. 63/2003

Part 4—Amendments to Other Acts

s. 49

Column 1	Column 1A	Column 1B	Column 2	Column	Column	Column 3	Column 4
2A	2B
(Large	(Large	(Commer-	(Commer-	(Automatic	(Traffick-	(Small
Commercial	Commercial	cial	cial	Forfeiture	able	Quantity)

ts Quantity) Quantity) Quantity) Quantity) Quantity) Quantity)

Drug	Quantity	Quantity of	Quantity	Quantity	Quantity	Quantity	Quantity
mixture of	of mixture

n	substance and	of
e	drug of	substance
dependence	and drug of depend-
m	ence

u	METHYLTESTOSTERONE	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
c	METHYLTRIENOLONE	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
o	METRIBOLONE	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
D	MIBOLERONE	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
NANDROLONE	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
ry	NORANDROSTENOLONE	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
NORBOLETHONE	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
ta	NORCLOSTEBOL	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
n	NORETHANDROLONE	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
e	NORMETHANDRONE	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
OVANDROTONE	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
m	OXABOLONE	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
ia	OXANDROLONE	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
rl	OXYMESTERONE	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
OXYMETHOLONE	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
a	PRASTERONE	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
P	PROPETANDROL	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
d	QUINBOLONE	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
n
ROXIBOLONE	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
SILANDRONE	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
a	STANOLONE	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
n	STANOZOLOL	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
o	STENBOLONE	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
ti	TESTOLACTONE	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
la	TESTOSTERONE, other than in
implant preparations for use in
5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
is	animals THIOMESTERONE	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
g	TRENBOLONE, other than in	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g
e	implant preparations for use in
animals
L	TRESTOLONE	5⋅0 kg	5⋅0 kg	300⋅0 g	500⋅0 g	50⋅0 g

n	Note:	kg = kilogram
a
ri	g = gram
to	mg = milligram".
ic
V

Confiscation (Amendment) Act 2003

Act No. 63/2003

Part 4—Amendments to Other Acts

s. 50

Division 3—Sentencing Act 1991

50. Property forfeited under automatic forfeiture

ts See:

(1) After section 5(2A)(a) of the Sentencing Act

n Act No.

e	1991 insert—	49/1991.
Reprint No. 6
m	"(ab) if it is satisfied that property was acquired	as at 1 August 2001
u	lawfully, may have regard to automatic	and
c	forfeiture under the Confiscation Act 1997	amending
o	Act Nos
in respect of property—	45/2001,
D	61/2001,
ry	(i) that was used in, or in connection with, the commission of the offence;	80/2001,
1/2002, 2/2002 and 35/2002.
ta	LawToday:
(ii) that was intended to be used in, or in connection with, the commission of the
n
dpc.vic.
e	offence;	gov.au
m

ia	(iii) that was derived or realised, or
rl	substantially derived or realised,
a	directly or indirectly, from property
P	referred to in sub-paragraph (i) or (ii);".
d	(2) In section 5(2A)(e) of the Sentencing Act 1991,
n	for "must" substitute "subject to paragraph (ab),
a	must".
n	═══════════════
o
ti
la
is
g
e
L
n
a
ri
to
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Confiscation (Amendment) Act 2003

Act No. 63/2003

Endnotes

ENDNOTES

ts †

Minister's second reading speech—

n	Legislative Assembly: 1 May 2003
e
Legislative Council: 16 September 2003
m
u	The long title for the Bill for this Act was "to make various amendments
c	to the Confiscation Act 1997, to consequentially amend the Crimes Act
o	1958, the Drugs, Poisons and Controlled Substances Act 1981 and the
D	Sentencing Act 1991 and for other purposes."
ry	Constitution Act 1975:
ta	Section 85(5) statement:
n	Legislative Assembly: 1 May 2003
e	Legislative Council: 16 September 2003
m
ia
rl
Absolute majorities:
Legislative Assembly: 28 August 2003
a	Legislative Council: 18 September 2003
P
d
n
a
n
o
ti
la
is
g
e
L
n
a
ri
to
ic
V