Confiscation (Amendment) Regulations 2002 (Vic)

Confiscation (Amendment) Regulations 2002

S.R. No. 67/2002

TABLE OF PROVISIONS

Regulation Page

1.	Objective	1
2.	Authorising provision	1
3.	Principal Regulations	1
4.	Prescribed property	2
5.	Amendment to forms of search warrant, notice to occupier and
embargo notice	2

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ENDNOTES 5

i

STATUTORY RULES 2002

S.R. No. 67/2002

Confiscation Act 1997

Confiscation (Amendment) Regulations 2002

The Governor in Council makes the following Regulations:
Dated: 20 August 2002

Responsible Minister:

ROB HULLS

Attorney-General

HELEN DOYE

Clerk of the Executive Council

1. Objective

The objective of these Regulations is to amend the

Confiscation Regulations 1998 to make—

(a)

consequential amendments arising from the 2000; and

(b) certain amendments relating to forms associated with search warrants.

2. Authorising provision

These Regulations are made under section 146 of the Confiscation Act 1997.

3. Principal Regulations

In these Regulations, the Confiscation Regulations
19981 are called the Principal Regulations.

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S.R. No. 67/2002

4. Prescribed property

In regulation 28 of the Principal Regulations, for paragraphs (b) and (c) substitute—

"(b) a controlled weapon within the meaning of

the Control of Weapons Act 1990;

(c) a prohibited weapon within the meaning of the Control of Weapons Act 1990;".

5.  Amendment to forms of search warrant, notice to occupier and embargo notice

(1) In Schedule 1 to the Principal Regulations for—

"This warrant authorises any member of the police force

with the aid of any assistants considered necessary—

! to break, enter and search the premises described above

for any tainted or forfeited property described above.

! to search any person found in or on the premises

described above suspected on reasonable grounds of
having on his or her person any tainted or forfeited

property described above.

! to seize any such property.",

substitute—
"This warrant authorises any member of the police force
with the aid of any assistants considered necessary to break

and enter the premises described above and to—

! search the premises described above for any tainted or

forfeited property described above.

! search any person found in or on the premises described above suspected on reasonable grounds of having on his or her person any tainted or forfeited property described above—

and to seize any such property.".

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(2) In Schedule 2 to the Principal Regulations for—

"The warrant authorises any member of the police force with

the aid of any assistants considered necessary—

! to break, enter and search the premises described above

for any tainted or forfeited property described above.

! to search any person found in or on the premises

described above suspected on reasonable grounds of
having on his or her person any tainted or forfeited

property described above.

! to seize any such property.",

substitute—
"The warrant authorises any member of the police force with
the aid of any assistants considered necessary to break and

enter the premises described above and to—

! search the premises described above for any tainted or

forfeited property described above.

! search any person found in or on the premises described above suspected on reasonable grounds of having on his or her person any tainted or forfeited property described above—

and to seize any such property.".

(3) In Schedule 4 to the Principal Regulations for—

"The search warrant authorised any member of the police

force with the aid of any assistants considered necessary—

! to break, enter and search the premises described above

for any tainted or forfeited property described above.

! to search any person found in or on the premises

described above suspected on reasonable grounds of
having on his or her person any tainted or forfeited

property described above.

! to seize any such property.",

substitute—
"The search warrant authorised any member of the police
with the aid of any assistants considered necessary to break

and enter the premises described above and to—

! search the premises described above for any tainted or

forfeited property described above.
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S.R. No. 67/2002

! search any person found in or on the premises described above suspected on reasonable grounds of having on his or her person any tainted or forfeited property described above—

and to seize any such property.".

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Confiscation (Amendment) Regulations 2002

Endnotes S.R. No. 67/2002

ENDNOTES

1 Reg. 3: S.R. No. 67/1998.