Confiscation Amendment Regulations 2014 (Vic)

Confiscation Amendment Regulations 2014

S.R. No. 139/2014

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Objectives amended

1Objectives

6Appropriate officer

7Law enforcement agency

8New regulation 30A inserted

30ARestraining orders

9New regulation 31A inserted

31AProtected property not to be included in serious drug offence restraining order

10New regulation 33AA inserted

33AACivil forfeiture restraining orders

11New regulation 36A inserted

36ARelief from automatic forfeiture of property of serious drug offender

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ENDNOTES

STATUTORY RULES 2014

S.R. No. 139/2014

Confiscation Act 1997

Confiscation Amendment Regulations 2014

The Governor in Council makes the following Regulations:

Dated: 23 September 2014

Responsible Minister:

ROBERT CLARK
Attorney-General

YVETTE CARISBROOKE

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Confiscation Regulations 2008—

(a)to prescribe positions within the Department of Justice that may take control of restrained property and exercise the powers of a trustee in relation to that property; and

(b)to prescribe the amount for each category of protected property under a serious drug offence restraining order; and

(c)to prescribe the amount to be paid to a dependant from automatic forfeiture of the property of a serious drug offender; and

(d)to make other miscellaneous amendments.

2Authorising provision

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

3Commencement

These Regulations come into operation on 1 October 2014.

4Principal Regulations

In these Regulations, the Confiscation Regulations 2008[1] are called the Principal Regulations.

5Objectives amended

For regulation 1 of the Principal Regulations substitute—

"1   Objectives

The objectives of these Regulations are—

(a)to prescribe certain persons to exercise certain powers or perform certain functions under the Confiscation Act 1997; and

(b)to declare corresponding laws, interstate forfeiture orders, interstate pecuniary penalty orders and interstate restraining orders for the purposes of the Confiscation Act 1997; and

(c)to prescribe an amount for each category of protected property for the purposes of a serious drug offence restraining order; and

(d)to prescribe an amount to be paid to dependants from the automatic forfeiture of the residence of a serious drug offender; and

(e)to prescribe particulars of a restraining order and a civil forfeiture restraining order to be recorded by a registration authority; and

(f)to prescribe property which may be the subject of a disposal order; and

(g)to prescribe forms of search warrant and certain other forms.".

6Appropriate officer

In regulation 25(2) of the Principal Regulations—

(a)for paragraph (a) substitute—

"(a)the Secretary to the Department of Environment and Primary Industries, being the body corporate established by Part 2 of the Conservation, Forests and Lands Act 1987;";

(b)paragraph (b) is revoked;

(c)for paragraph (d) substitute—

"(d)the Victorian Commission for Gambling and Liquor Regulation established under Part 2 of the Victorian Commission for Gambling and Liquor Regulation Act 2011.".

7Law enforcement agency

(1)In regulation 30(1) of the Principal Regulations—

(a)for paragraph (b) substitute—

"(b)the Assistant Director, Asset Confiscation Operations, Infringement Management and Enforcement Services;";

(b)for paragraph (d) substitute—

"(d)the Secretary to the Department of Environment and Primary Industries, being the body corporate established by Part 2 of the Conservation, Forests and Lands Act 1987;";

(c)paragraph (e) is revoked;

(d)for paragraph (g) substitute—

"(g)the Victorian Commission for Gambling and Liquor Regulation established under Part 2 of the Victorian Commission for Gambling and Liquor Regulation Act 2011.".

(2)For regulation 30(2)(c) of the Principal Regulations substitute—

"(c)the Deputy Secretary, Criminal Justice, Department of Justice.".

8New regulation 30A inserted

After regulation 30 of the Principal Regulations insert—

"30A   Restraining orders

For the purposes of section 14(3)(b) of the Act, the following positions are prescribed—

(a)the Director, Infringement Management and Enforcement Services;

(b)the Director, Enforcement Services, Infringement Management and Enforcement Services;

(c)the Assistant Director, Asset Confiscation Operations, Infringement Management and Enforcement Services.".

9New regulation 31A inserted

After regulation 31 of the Principal Regulations insert—

"31A   Protected property not to be included in serious drug offence restraining order

For the purposes of section 24(3) of the Act, the following amounts are prescribed—

(a)property used by the accused or a dependant of the accused primarily as a means of transport—$12 500;

(b)any item of necessary clothing of the accused or a dependant of the accused—$5000;

(c)any item of ordinary household property of the accused or a dependant of the accused—$5000;

(d)any tools of trade required by the accused or a dependant of the accused in earning income—$5000.".

10New regulation 33AA inserted

After regulation 33 of the Principal Regulations insert—

"33AA   Civil forfeiture restraining orders

For the purposes of section 36H(3)(b) of the Act, the following positions are prescribed—

(a)the Director, Infringement Management and Enforcement Services;

(b)the Director, Enforcement Services, Infringement Management and Enforcement Services;

(c)the Assistant Director, Asset Confiscation Operations, Infringement Management and Enforcement Services.".

11New regulation 36A inserted

After regulation 36 of the Principal Regulations insert—

'36A   Relief from automatic forfeiture of property of serious drug offender

For the purposes of section 45A(4)(a) of the Act, the following amounts are prescribed—

(a)where the residence is a house located in the Melbourne metropolitan area—the median house price for the Melbourne metropolitan area in the most recent annual publication by the Valuer‑General of Victoria;

(b)where the residence is a house in country Victoria—the median house price for country Victoria in the most recent annual publication by the Valuer‑General of Victoria;

(c)where the residence is a unit or an apartment in the Melbourne metropolitan area—the median unit or apartment price for the Melbourne metropolitan area in the most recent annual publication by the Valuer‑General of Victoria;

(d)where the residence is a unit or an apartment in country Victoria—the median unit or apartment price for country Victoria in the most recent annual publication by the Valuer‑General of Victoria.

Examples

1.    The 2013 median house price for the Melbourne metropolitan area as published by the Valuer‑General of Victoria in "A Guide to Property Values 2013" was $520 000.

2.    The 2013 median house price for country Victoria as published by the Valuer-General of Victoria in

"A Guide to Property Values 2013" was $289 000.'.

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ENDNOTES

[1] Reg. 4: S.R. No. 57/2008 as amended by S.R. No. 20/2012.