Confiscation Amendment (Unexplained Wealth) Regulations 2025 (Vic)

Confiscation Amendment (Unexplained Wealth) Regulations 2025

S.R. No. 5/2025

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Appropriate officer

6Law enforcement agency

7Further orders—unexplained wealth restraining order

8Relief from automatic forfeiture of property of serious drug offender

9Form 3 in Schedule 1 amended

10Form 4 in Schedule 1 amended

11Form 6 in Schedule 1 amended

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Endnotes

STATUTORY RULES 2025

S.R. No. 5/2025

Confiscation Act 1997

Confiscation Amendment (Unexplained Wealth) Regulations 2025

The Governor in Council makes the following Regulations:

Dated: 18 March 2025

Responsible Minister:

SONYA KILKENNY
Attorney-General

SAMUAL WALLACE

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Confiscation Regulations 2019—

(a)to prescribe matters under the Confiscation Act 1997 following amendments made to that Act by the Confiscation Amendment (Unexplained Wealth) Act 2024; and

(b)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 20 March 2025.

4Principal Regulations

In these Regulations, the Confiscation Regulations 2019[1] are called the Principal Regulations.

5Appropriate officer

In regulation 28(2) of the Principal Regulations—

(a)in paragraph (a), for "Department of Environment, Land, Water and Planning" substitute "Department of Energy, Environment and Climate Action";

(b)in paragraph (b), for "Fisheries Act 1995" substitute "Victorian Fisheries Authority Act 2016";

(c)for paragraph (c) substitute—

"(c)the Victorian Gambling and Casino Control Commission established under Part 2 of the Victorian Gambling and Casino Control Commission Act 2011.".

6Law enforcement agency

(1)In regulation 33 of the Principal Regulations, for "For the purposes of paragraph (c)" substitute—

"(2)For the purposes of paragraph (c)".

(2)In regulation 33 of the Principal Regulations—

(a)in paragraph (a), for "Department of Environment, Land, Water and Planning" substitute "Department of Energy, Environment and Climate Action";

(b)in paragraph (b), for "Fisheries Act 1995" substitute "Victorian Fisheries Authority Act 2016";

(c)for paragraph (c) substitute—

"(c)the Victorian Gambling and Casino Control Commission established under Part 2 of the Victorian Gambling and Casino Control Commission Act 2011.".

7Further orders—unexplained wealth restraining order

In regulation 45 of the Principal Regulations, after "section 40W(3)(d)" insert "and (6)(h)(ii)".

8Relief from automatic forfeiture of property of serious drug offender

In regulation 50 of the Principal Regulations, for "section 45A(3)(c) and (4)(a)" substitute "section 45A(3)(c), (4)(a) and (4A)".

9Form 3 in Schedule 1 amended

In Form 3 in Schedule 1 to the Principal Regulations, after—

(a)"force, a police officer or" insert "an";

(b)"continues to be a police officer or" insert "an";

(c)"longer a police officer or" insert "an";

(d)"force, a police officer or" (where secondly occurring) insert "an".

10Form 4 in Schedule 1 amended

In Form 4 in Schedule 1 to the Principal Regulations, after—

(a)"force, a police officer or" insert "an";

(b)"continues to be a police officer or" insert "an";

(c)"longer a police officer or" insert "an";

(d)"force, a police officer or" (where secondly occurring) insert "an".

11Form 6 in Schedule 1 amended

In Form 6 in Schedule 1 to the Principal Regulations, for—

"A court has made an unexplained wealth restraining order in respect of certain property under section 40I the Confiscation Act 1997. A copy of the unexplained wealth restraining order should be attached to this notice. The unexplained wealth restraining order describes the property that has been restrained."

substitute—

"A court has made an unexplained wealth restraining order in respect of certain property under the following section(s) of the Confiscation Act 1997:

o     Section 40I

o     Section 40IA

A copy of the unexplained wealth restraining order(s) should be attached to this notice. The unexplained wealth restraining order(s) describe(s) the property that has been restrained. Property may be subject to more than one unexplained wealth restraining order simultaneously.".

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ENDNOTES

[1] Reg. 4: S.R. No. 43/2019 as amended by S.R. Nos 21/2022 and 74/2023.