Confiscation (Amendment) Regulations 2007 (Vic)

Confiscation (Amendment) Regulations 2007

S.R. No. 99/2007

TABLE OF PROVISIONS

Regulation  Page

1Objectives

2Authorising provision

3Definition

4Corresponding law

5Interstate forfeiture order

6Interstate pecuniary penalty order

7Interstate restraining order

8Law enforcement agency

9References updated

10Return of property seized under a warrant

11Further references updated

12References in Schedules updated

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ENDNOTES

STATUTORY RULES 2007

S.R. No. 99/2007

Confiscation Act 1997

Confiscation (Amendment) Regulations 2007

The Governor in Council makes the following Regulations:

Dated: 18 September 2007

Responsible Minister:

ROB HULLS
Attorney-General

RUTH LEACH

Clerk of the Executive Council

1Objectives

The objectives of these Regulations are to amend the Confiscation Regulations 1998—

(a)to reflect certain structural changes in the Department of Justice;

(b)to prescribe an additional corresponding law.

2Authorising provision

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

3Definition

In regulation 5(1) of the Confiscation Regulations 1998[1], for the definition of Enforcement Management substitute—

"Infringement Management and Enforcement Services means the Infringement Management and Enforcement Services business unit in the Department of Justice;".

4Corresponding law

After regulation 7(i) of the Confiscation Regulations 1998 insert—

"(ia)the Criminal Assets Confiscation Act 2005 of South Australia;".

5Interstate forfeiture order

After regulation 8(i) of the Confiscation Regulations 1998 insert—

"(ia)orders under section 47 of the Criminal Assets Confiscation Act 2005 of South Australia;".

6Interstate pecuniary penalty order

After regulation 9(h) of the Confiscation Regulations 1998 insert—

"(ha)orders under section 95 of the Criminal Assets Confiscation Act 2005 of South Australia;".

7Interstate restraining order

After regulation 10(i) of the Confiscation Regulations 1998 insert—

"(ia)orders under section 24 of the Criminal Assets Confiscation Act 2005 of South Australia;".

8Law enforcement agency

In regulation 11(1) of the Confiscation Regulations 1998—

(a)in paragraph (a), for "of Enforcement Management" substitute ", Enforcement Operations, Infringement Management and Enforcement Services";

(b)in paragraph (ba), for "Asset Confiscation Operations, Enforcement Management" substitute "Enforcement Operations (Asset Confiscation Operations)";

(c)in paragraph (b), for "Enforcement Management" substitute "Infringement Management and Enforcement Services".

9References updated

(1)In regulations 12(a), 13(a), 15(a), 16(a), 17(a), 18(a) and 19(a) of the Confiscation Regulations 1998 for "of Enforcement Management" substitute ", Enforcement Operations, Infringement Management and Enforcement Services".

(2)In regulations 12(b), 13(b), 15(b), 16(b), 17(b), 18(b) and 19(b) of the Confiscation Regulations 1998, for "Asset Confiscation Operations, Enforcement Management" substitute "Enforcement Operations (Asset Confiscation Operations)".

(3)In regulations 20(a), 21(a), 22(a), 23(a), 24(a), 26(a), 27(a) and 30(a) of the Confiscation Regulations 1998, for "of Enforcement Management" substitute ", Enforcement Operations, Infringement Management and Enforcement Services".

(4)In regulations 20(b), 21(b), 22(b), 23(b), 24(b), 26(b), 27(b) and 30(b) of the Confiscation Regulations 1998, for "Asset Confiscation Operations, Enforcement Management" substitute "Enforcement Operations (Asset Confiscation Operations)".

10Return of property seized under a warrant

In regulation 31 of the Confiscation Regulations 1998—

(a)in subregulations (1)(a), (1A)(a) and (2)(a), for "of Enforcement Management" substitute ", Enforcement Operations, Infringement Management and Enforcement Services";

(b)in subregulations (1)(b), (1A)(b) and (2)(b), for "Asset Confiscation Operations, Enforcement Management" substitute "Enforcement Operations (Asset Confiscation Operations)".

11Further references updated

(1)In regulations 31A(a), 31B(a), 32(a), 33(a), 33A(a), 34(a), 36(a) and 37(a) of the Confiscation Regulations 1998, for "of Enforcement Management" substitute ", Enforcement Operations, Infringement Management and Enforcement Services".

(2)In regulations 31A(b), 31B(b), 32(b), 33(b), 33A(b), 34(b), 36(b) and 37(b) of the Confiscation Regulations 1998, for "Asset Confiscation Operations, Enforcement Management" substitute "Enforcement Operations (Asset Confiscation Operations)".

12References in Schedules updated

In the Confiscation Regulations 1998—

(a)in Schedule 2, for "Enforcement Management" substitute "Infringement Management and Enforcement Services";

(b)in Schedule 2A, for "Enforcement Management" substitute "Infringement Management and Enforcement Services";

(c)in Schedule 4A, for "Enforcement Management" substitute "Infringement Management and Enforcement Services";

(d)in Schedule 5A, for "Enforcement Management" substitute "Infringement Management and Enforcement Services".

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ENDNOTES

[1] Reg. 3: S.R. No. 67/1998.  Reprint No. 1 as at 10 March 2005.  Reprinted to S.R. No. 164/2004.