Confiscation of Proceeds of Crime Act 1989 Regulation relating to reciprocal enforcement of laws concerning the proceeds of crime (1992-215) [GG No 55 of 1.5.1992] (NSW)

1992—No. 215

CONFISCATION OF PROCEEDS OF CRIME ACT 1989—
REGULATION

(Relating to reciprocal enforcement of laws concerning the proceeds of crime)

NEW SOUTH WALES

[Published in Gazette No. 55 of 1 May 1992]

HIS Excellency the Governor, with the advice of the Executive Council,
and in pursuance of the Confiscation of Proceeds of Crime Act 1989, has

been pleased to make the Regulation set forth hereunder.

PETER COLLINS

Attorney General.

Commencement

1. This Regulation commences on 1 May 1992.

Amendments

2. The Confiscation of Proceeds of Crime Regulation 1991 is

amended:

(a) by inserting in clause 3 in alphabetical order the following definition:

“the Australian Capital Territory Act” means the Proceeds

of Crime Act 1991 of the Australian Capital Territory;

(b) by omitting clause 10 (a)–(e) and by inserting instead the following paragraphs:

(a) the Australian Capital Territory Act;
(b) the Northern Territory Act;
(c) the Queensland Act;
(d) the South Australian Act;

(e) the Victorian Act;

(f) the West Australian Act.

1992—No. 215

(c) by omitting clause 11 (a)–(e) and by inserting instead the

following paragraphs:

(a) section 19 of the Australian Capital Territory Act; or
(b) section 5 of the Northern Territory Act; or
(c) section 8 of the Queensland Act; or
(d) section 5 of the South Australian Act; or
(e) section 7 of the Victorian Act; or

(f) section 10 of the West Australian Act,

(d) by omitting clause 12 (a)–(d) and by inserting instead the following paragraphs:

(a) section 25 of the Australian Capital Territory Act; or
(b) section 10 of the Northern Territory Act; or
(c) section 13 of the Queensland Act; or
(d) section 12 of the Victorian Act; or

(e) section 15 of the West Australian Act,

(e) by omitting clause 13 (a)–(e) and by inserting instead the following paragraphs:

(a) section 45 of the Australian Capital Territory Act; or
(b) section 14 of the Northern Territory Act; or
(c) section 17 or 19 of the Queensland Act; or
(d) section 6 of the South Australian Act; or
(e) section 16 of the Victorian Act; or

(f) section 20 of the West Australian Act,

EXPLANATORY NOTE

The Confiscation of Proceeds of Crime Act 1989 provides for the registration and enforcement in New South Wales of orders made under laws enacted in other States and Territories that are declared to be laws corresponding to the New South Wales Act.

The Confiscation of Proceeds of Crime Regulation 1991 provides the necessary machinery for the operation of the New South Wales Act, in particular for the complementary legislative scheme. The object of this Regulation is to amend that Regulation to take account of complementary legislation recently enacted in the Australian Capital Territory, by declaring that legislation to be a corresponding law, and to specify the kinds of orders made under it that are registrable and enforceable in New South Wales.