Confiscation Amendment Regulations 2016 (Vic)

Confiscation Amendment Regulations 2016

S.R. No. 110/2016

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Definitions

6Corresponding law

7Interstate forfeiture order

8Interstate pecuniary penalty order

9Interstate restraining order

10Law enforcement agency

11New regulation 34A inserted

12Information notice

13Document request

14New regulation 54B inserted

15Schedule 18 amended

16Schedule 19 amended

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Endnotes

STATUTORY RULES 2016

S.R. No. 110/2016

Confiscation Act 1997

Confiscation Amendment Regulations 2016

The Governor in Council makes the following Regulations:

Dated: 30 August 2016

Responsible Minister:

MARTIN PAKULA
Attorney-General

ANDREW ROBINSON

Clerk of the Executive Council

1Objective

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

(a)to facilitate the recognition of interstate orders made under corresponding laws; and

(b)to prescribe various matters; and

(c)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 September 2016.

4Principal Regulations

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

5Definitions

In regulation 5(1) of the Principal Regulations, after "Department of Justice" insert "and Regulation".

6Corresponding law

After regulation 26(j) of the Principal Regulations insert—

"(ja)the Serious and Organised Crime (Unexplained Wealth) Act 2009 of South Australia;".

7Interstate forfeiture order

In regulation 27(h) of the Principal Regulations, for "or" substitute ", 93ZZB or".

8Interstate pecuniary penalty order

(1)In regulation 28(b) of the Principal Regulations, for "116 or 152" substitute "116, 152 or 179E".

(2)In regulation 28(f) of the Principal Regulations, after "27" insert "or 28A".

(3)After regulation 28(f) of the Principal Regulations insert—

"(fa)orders under section 71, 75 or 76 of the Criminal Property Forfeiture Act 2002 of the Northern Territory;".

(4)In regulation 28(g) of the Principal Regulations, after "78," insert "89G,".

(5)After regulation 28(i) of the Principal Regulations insert—

"(ia)orders under section 9 of the Serious and Organised Crime (Unexplained Wealth) Act 2009 of South Australia;".

9Interstate restraining order

(1)In regulation 29(b) of the Principal Regulations, for "19 or 20" substitute "19, 20 or 20A".

(2)In regulation 29(h) of the Principal Regulations, after "37," insert "93M,".

(3)After regulation 29(j) of the Principal Regulations insert—

"(ja)orders under section 20 of the Serious and Organised Crime (Unexplained Wealth) Act 2009 of South Australia;".

10Law enforcement agency

In regulation 30(2)(c) of the Principal Regulations, after "Department of Justice" insert "and Regulation".

11New regulation 34A inserted

After regulation 34 of the Principal Regulations insert—

"34A   Unexplained wealth restraining orders

For the purposes of section 40C(3)(b) of the Act, the following persons 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.".

12Information notice

For regulation 54(b) of the Principal Regulations substitute—

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

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

13Document request

(1)For the heading to regulation 54A of the Principal Regulations substitute—

"Document request relating to maintenance and management of property".

(2)For regulation 54A(c) of the Principal Regulations substitute—

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

(d)the Manager, Confiscation Operations, Asset Confiscation Operations, Infringement Management and Enforcement Services.".

14New regulation 54B inserted

After regulation 54A of the Principal Regulations insert—

"54B   Document request relating to enforcement of pecuniary penalty order

For the purposes of section 120AB(1) of the Act, the following persons 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;

(d)the Manager, Confiscation Operations, Asset Confiscation Operations, Infringement Management and Enforcement Services.".

15Schedule 18 amended

In Schedule 18 to the Principal Regulations—

(a)for "account is held" substitute "account is or has been held";

(b)for "account specified below is held" substitute "account specified below is or was held";

(c)for "Department of Justice" substitute "Department of Justice and Regulation".

16Schedule 19 amended

In Schedule 19 to the Principal Regulations—

(a)for "Department of Justice" substitute "Department of Justice and Regulation";

(b)for "*section 120A(2)" substitute "*section 120A(2)/*section 120AB(1)";

(c)for—

"You have received this document request because the *Secretary/*prescribed person named above believes that you have possession or control of documents relating to the maintenance and management of the property described below.

*The Secretary has responsibility for this property under a memorandum of understanding entered into under section 78A of the Confiscation Act 1997.

Description of property

"

substitute—

"*You have received this document request because the *Secretary/*prescribed person named above believes that you have possession or control of documents relating to the maintenance and management of the property described below.

*The Secretary has responsibility for this property under a memorandum of understanding entered into under section 78A of the Confiscation Act 1997.

Description of property

*You have received this document request because the prescribed person named above believes that you have possession or control of documents required for the enforcement of the pecuniary penalty order described below.

Description of pecuniary penalty order

";

(d)for—

"The documents are sought for the maintenance and management of the property by or on behalf of the *Secretary/*prescribed person. The documents will be provided to such *delegates or agents of the Secretary/*agents of the prescribed person as required for the purposes of the maintenance and management of the property."

substitute—

"*The documents are sought for the maintenance and management of the property by or on behalf of the *Secretary/*prescribed person. The documents will be provided to such *delegates or agents of the Secretary/*agents of the prescribed person as required for the purposes of the maintenance and management of the property.

*The documents are sought for the enforcement of the pecuniary penalty order by or on behalf of the prescribed person. The documents will be provided to such agents of the prescribed person as required for the purposes of the enforcement of the pecuniary penalty order".

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Endnotes

[1] Reg. 4: S.R. No. 57/2008 as amended by S.R. Nos 20/2012, 139/2014 and 187/2014.