Confiscation Regulations 2019 (Vic)

Version No. 005

Confiscation Regulations 2019

S.R. No. 43/2019

Version incorporating amendments as at

23 September 2025

TABLE OF PROVISIONS

Regulation  Page

Part 1—Preliminary

1Objectives

2Authorising provision

3Commencement

4Revocation

5Definitions

Part 2—Prescribed forms

6Notice requiring declaration of property interests—restraining order

7Freezing order

8Notice to accompany copy of freezing order

9Notice of freezing order

10Notice requiring declaration of property interests—civil forfeiture restraining order

11Notice requiring declaration of property interests—unexplained wealth restraining order

12Notice requiring declaration of property interests—person suspected of engaging in serious criminal activity

13Secretary's certificate of responsibility and power

14Search warrant

15Seizure warrant

16Notice to occupier

17Notice of execution of seizure warrant

18Report on execution of warrant

19Embargo notice

20Notice of property retention declaration

21Search and inspection warrant

22Report on execution of search and inspection warrant

23Search and seizure warrant

24Report on execution of search and seizure warrant

24AExamination notice

25Search warrant for property-tracking documents

26Information notice

27Document request

Part 3—General

28Appropriate officer

29Corresponding law

30Interstate forfeiture order

31Interstate pecuniary penalty order

32Interstate restraining order

33Law enforcement agency

34Restraining orders

35Application for restraining order

36Protected property not to be included in serious drug offence restraining order

37Further orders

37ARegistration of restraining order

38Particulars of restraining order to be recorded on register

39Civil forfeiture restraining orders

40Application for civil forfeiture restraining order

41Further orders—civil forfeiture restraining order

42Particulars of civil forfeiture restraining order to be recorded on register

43Application for civil forfeiture

44Unexplained wealth restraining orders

45Further orders—unexplained wealth restraining order

46Particulars of unexplained wealth restraining order to be recorded on register

47Effect of forfeiture

48Power to discharge mortgage or charge

49Disposal of forfeited property

50Relief from automatic forfeiture of property of serious drug offender

51Application to Minister for return of property

52Buying back interest in forfeited property

53Buying out other interests in forfeited property

54Assessment of benefits in relation to Schedule 2 offences

55Declaration that property available to satisfy pecuniary penalty order

55ARegistration of charges and declarations

56Particulars of declaration under section 70(1) to be recorded on register

57Disposal of property obtained to satisfy pecuniary penalty order

57ANotice of intention to sell charged land

58Trustees

59Disposal order

59ASeizure warrants—public places

60Disposal of livestock or perishable property

61Return of property seized under a warrant

62Application for search and inspection warrant

63Application for search and seizure warrant

64Order for examination

65Monitoring order

66Information notice

66ARequesting information held by credit reporting bodies

67Document request relating to maintenance and management of property

68Document request relating to enforcement of pecuniary penalty order

69Registration of interstate orders

70Reports to the Minister

71Appeals

72Delegation

Schedule 1—Forms

═════════════

Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 005

Confiscation Regulations 2019

S.R. No. 43/2019

Version incorporating amendments as at

23 September 2025

PART 1—PRELIMINARY

1Objectives

The objectives of these Regulations are—

(a)to prescribe matters authorised to be prescribed by the Confiscation Act 1997; and

(b)to prescribe forms for the purposes of the Confiscation Act 1997.

2Authorising provision

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

3Commencement

These Regulations come into operation on 15 June 2019.

4Revocation

The following regulations are revoked—

(a)the Confiscation Regulations 2008[1];

(b)the Confiscation Amendment Regulations 2012[2];

(c)the Confiscation Amendment Regulations 2014[3];

(d)the Confiscation Amendment (Unexplained Wealth) Regulations 2014[4];

(e)the Confiscation Amendment Regulations 2016[5].

5Definitions

(1)In these Regulations—

Asset Confiscation Operations means the Asset Confiscation Operations business unit in the Department of Justice and Community Safety;

the Act means the Confiscation Act 1997.

(2)A reference in these Regulations to an order under an Act of another State or of a Territory includes a reference to—

(a)an order varying that order; and

(b)an order setting aside that order.

PART 2—PRESCRIBED FORMS

6Notice requiring declaration of property interests—restraining order

For the purposes of section 19A(2)(a) of the Act, Form 1 in Schedule 1 is prescribed.

7Freezing order

For the purposes of section 31F(4) of the Act, Form 2 in Schedule 1 is prescribed.

8Notice to accompany copy of freezing order

For the purposes of section 31G(1)(b) of the Act, Form 3 in Schedule 1 is prescribed.

9Notice of freezing order

For the purposes of section 31G(2) of the Act, Form 4 in Schedule 1 is prescribed.

10Notice requiring declaration of property interests—civil forfeiture restraining order

For the purposes of section 36O(2)(a) of the Act, Form 5 in Schedule 1 is prescribed.

11Notice requiring declaration of property interests—unexplained wealth restraining order

For the purposes of section 40K(3)(a) of the Act, Form 6 in Schedule 1 is prescribed.

12Notice requiring declaration of property interests—person suspected of engaging in serious criminal activity

For the purposes of section 40M(2)(a) of the Act, Form 7 in Schedule 1 is prescribed.

13Secretary's certificate of responsibility and power

For the purposes of section 78B(3) of the Act, Form 8 in Schedule 1 is prescribed.

14Search warrant

For the purposes of section 79(5) of the Act, Form 9 in Schedule 1 is prescribed.

15Seizure warrant

For the purposes of section 79A(6) of the Act—

(a)Form 10 in Schedule 1 is prescribed for applications in respect of tainted property which is at a public place; and

(b)Form 10A in Schedule 1 is prescribed for applications in respect of property forfeited under the Act which is at a public place.

16Notice to occupier

An occupier's notice under section 83 of the Act may be in Form 11 in Schedule 1.

17Notice of execution of seizure warrant

For the purposes of section 88A(2)(b) of the Act, Form 12 in Schedule 1 is prescribed.

18Report on execution of warrant

A report on the execution of a warrant under section 89(1) of the Act may be Form 13 in Schedule 1.

19Embargo notice

For the purposes of section 93(2) of the Act, Form 14 in Schedule 1 is prescribed.

20Notice of property retention declaration

For the purposes of section 95D(2)(b) of the Act, Form 15 in Schedule 1 is prescribed.

21Search and inspection warrant

For the purposes of section 97B(6) of the Act, Form 16 in Schedule 1 is prescribed.

22Report on execution of search and inspection warrant

For the purposes of section 97I(2)(a) of the Act, Form 17 in Schedule 1 is prescribed.

23Search and seizure warrant

For the purposes of section 97N(6) of the Act, Form 18 in Schedule 1 is prescribed.

24Report on execution of search and seizure warrant

For the purposes of section 97U(2)(a) of the Act, Form 19 in Schedule 1 is prescribed.

24AExamination notice

For the purposes of section 98A of the Act, Form 19A in Schedule 1 is prescribed.

25Search warrant for property-tracking documents

For the purposes of section 110(5) of the Act, Form 20 in Schedule 1 is prescribed.

26Information notice

For the purposes of section 118H(1) of the Act—

(a)Form 21 in Schedule 1 is prescribed for information notices issued under section 118D of the Act; and

(b)Form 21A in Schedule 1 is prescribed for information notices issued under section 118E of the Act.

27Document request

For the purposes of section 120B(a) of the Act, Form 22 in Schedule 1 is prescribed.

PART 3—GENERAL

28Appropriate officer

(1)For the purposes of paragraph (b) of the definition of appropriate officer in section 3(1) of the Act, the following applications and classes of applications are prescribed—

(a)applications for the fixing of a period longer than 6 months for the purposes of the definition of relevant period in section 3(1) of the Act;

(b)applications under any of the following provisions of the Act—

(i)section 16(1);

(ii)section 16(2)(b);

(iii)section 32(1);

(iv)section 40F(1);

(v)section 40F(2);

(vi)section 58(1);

(vii)section 58(2);

(viii)section 70(1);

(ix)section 77(1);

(x)section 97(3) or (3A) for the purposes of section 97(4)(a);

(xi)section 131(3) for the purposes of section 131(4).

(2)For the purposes of paragraph (b) of the definition of appropriate officer in section 3(1) of the Act, the following persons and classes of persons are prescribed—

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

(b)authorised officers within the meaning of the Victorian Fisheries Authority Act 2016;

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

29Corresponding law

For the purposes of the definition of corresponding law in section 3(1) of the Act, each of the following laws is declared to be a law that corresponds to the Act—

(a)the Proceeds of Crime Act 1987 of the Commonwealth;

(b)the Proceeds of Crime Act 2002 of the Commonwealth;

(c)the Proceeds of Crime Act 1991 of the Australian Capital Territory as in force before its repeal;

(d)the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory;

(e)the Confiscation of Proceeds of Crime Act 1989 of New South Wales;

(f)the Criminal Assets Recovery Act 1990 of New South Wales;

(g)the Criminal Property Forfeiture Act 2002 of the Northern Territory;

(h)the Criminal Proceeds Confiscation Act 2002 of Queensland;

(i)the Criminal Assets Confiscation Act 1996 of South Australia as in force before its repeal;

(j)the Criminal Assets Confiscation Act 2005 of South Australia;

(k)the Serious and Organised Crime (Unexplained Wealth) Act 2009 of South Australia;

(l)the Crime (Confiscation of Profits) Act 1993 of Tasmania;

(m)the Crimes (Confiscation of Profits) Act 1988 of Western Australia as in force before its repeal;

(n)the Criminal Property Confiscation Act 2000 of Western Australia.

30Interstate forfeiture order

The following kinds of orders are declared to be within the definition of interstate forfeiture order in section 3(1) of the Act—

(a)orders under section 19 of the Proceeds of Crime Act 1987 of the Commonwealth;

(b)orders under section 47, 48 or 49 of the Proceeds of Crime Act 2002 of the Commonwealth;

(c)orders under section 19 of the Proceeds of Crime Act 1991 of the Australian Capital Territory as in force before its repeal;

(d)orders under section 54, 59, 60, 67 or 250 of the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory;

(e)orders under section 18 of the Confiscation of Proceeds of Crime Act 1989 of New South Wales;

(f)orders under section 22 of the Criminal Assets Recovery Act 1990 of New South Wales;

(g)orders under section 94, 96, 97, 99, 100 or 101 of the Criminal Property Forfeiture Act 2002 of the Northern Territory;

(h)orders under section 58, 93ZZB or 151 of the Criminal Proceeds Confiscation Act 2002 of Queensland;

(i)orders under section 8 of the Criminal Assets Confiscation Act 1996 of South Australia as in force before its repeal;

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

(k)orders under section 16 or 152 of the Crime (Confiscation of Profits) Act 1993 of Tasmania;

(l)orders under section 10 of the Crimes (Confiscation of Profits) Act 1988 of Western Australia as in force before its repeal;

(m)orders under section 22, 28 or 30 of the Criminal Property Confiscation Act 2000 of Western Australia.

31Interstate pecuniary penalty order

The following kinds of orders are declared to be within the definition of interstate pecuniary penalty order in section 3(1) of the Act—

(a)orders under section 26 of the Proceeds of Crime Act 1987 of the Commonwealth;

(b)orders under section 116, 152 or 179E of the Proceeds of Crime Act 2002 of the Commonwealth;

(c)orders under section 25 of the Proceeds of Crime Act 1991 of the Australian Capital Territory as in force before its repeal;

(d)orders under section 84, 85, 98D or 250 of the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory;

(e)orders under section 24 of the Confiscation of Proceeds of Crime Act 1989 of New South Wales;

(f)orders under section 27 or 28A of the Criminal Assets Recovery Act 1990 of New South Wales;

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

(h)orders under section 78, 89G, 184 or 202 of the Criminal Proceeds Confiscation Act 2002 of Queensland;

(i)orders under section 9 of the Criminal Assets Confiscation Act 1996 of South Australia as in force before its repeal;

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

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

(l)orders under section 21 of the Crime (Confiscation of Profits) Act 1993 of Tasmania;

(m)orders under section 15 of the Crimes (Confiscation of Profits) Act 1988 of Western Australia as in force before its repeal;

(n)orders under section 12, 16, 17 or 22 of the Criminal Property Confiscation Act 2000 of Western Australia.

32Interstate restraining order

The following kinds of orders are declared to be within the definition of interstate restraining order in section 3(1) of the Act—

(a)orders under section 43 or 44 of the Proceeds of Crime Act 1987 of the Commonwealth;

(b)orders under section 17, 18, 19, 20 or 20A of the Proceeds of Crime Act 2002 of the Commonwealth;

(c)orders under section 45 of the Proceeds of Crime Act 1991 of the Australian Capital Territory as in force before its repeal;

(d)orders under section 30, 31, 32A or 39 of the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory;

(e)orders under section 43 of the Confiscation of Proceeds of Crime Act 1989 of New South Wales;

(f)orders under section 10A of the Criminal Assets Recovery Act 1990 of New South Wales;

(g)orders under section 40, 43 or 44 of the Criminal Property Forfeiture Act 2002 of the Northern Territory;

(h)orders under section 31, 37, 93M, 122, 129 or 208 of the Criminal Proceeds Confiscation Act 2002 of Queensland;

(i)orders under section 15 of the Criminal Assets Confiscation Act 1996 of South Australia as in force before its repeal;

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

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

(l)orders under section 26 or 118 of the Crime (Confiscation of Profits) Act 1993 of Tasmania;

(m)orders under section 20 of the Crimes (Confiscation of Profits) Act 1988 of Western Australia as in force before its repeal;

(n)orders under section 34 or 43 of the Criminal Property Confiscation Act 2000 of Western Australia.

33Law enforcement agency

(1)For the purposes of paragraph (ba) of the definition of law enforcement agency in section 3(1) of the Act, employees of the Department of Justice and Community Safety employed in Asset Confiscation Operations are prescribed.

(2)For the purposes of paragraph (c) of the definition of law enforcement agency in section 3(1) of the Act, the following authorities and persons are prescribed—

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

(b)authorised officers within the meaning of the Victorian Fisheries Authority Act 2016;

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

34Restraining orders

For the purposes of section 14(3)(b) of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.

35Application for restraining order

For the purposes of section 16(2)(a) and (2A) of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.

36Protected 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.

37Further orders

For the purposes of section 26(2)(da) of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.

37ARegistration of restraining order

For the purposes of section 28(1) of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.

38Particulars of restraining order to be recorded on register

The prescribed particulars to be recorded under section 28(1) of the Act are—

(a)the name of the applicant; and

(b)the name of the court by which the order was made; and

(c)the date of the order; and

(d)a description of the affected property that is sufficient to identify it.

39Civil forfeiture restraining orders

For the purposes of section 36H(3)(b) of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.

40Application for civil forfeiture restraining order

For the purposes of section 36K(1) of the Act the Assistant Director, Asset Confiscation Operations is prescribed.

41Further orders—civil forfeiture restraining order

For the purposes of section 36W(3)(d) of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.

42Particulars of civil forfeiture restraining order to be recorded on register

The prescribed particulars to be recorded under section 36Y(1) of the Act are—

(a)the name of the applicant; and

(b)the name of the court by which the order was made; and

(c)the date of the order; and

(d)a description of the affected property that is sufficient to identify it.

43Application for civil forfeiture

For the purposes of section 37(1) of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.

44Unexplained wealth restraining orders

For the purposes of section 40C(3)(b) of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.

45Further orders—unexplained wealth restraining order

For the purposes of section 40W(3)(d) and (6)(h)(ii) of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.

46Particulars of unexplained wealth restraining order to be recorded on register

The prescribed particulars to be recorded under section 40Y(1) of the Act are—

(a)the name of the applicant; and

(b)the name of the court by which the order was made; and

(c)the date of the order; and

(d)a description of the affected property that is sufficient to identify it.

47Effect of forfeiture

For the purposes of sections 41(3)(c) and (4) of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.

48Power to discharge mortgage or charge

For the purposes of section 42(1)(a) of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.

49Disposal of forfeited property

For the purposes of sections 44(1), (4) and (6) of the Act, the following persons are prescribed—

(a)the Assistant Director, Asset Confiscation Operations;

(b)the Chief Commissioner of Police.

50Relief from automatic forfeiture of property of serious drug offender

For the purposes of section 45A(3)(c), (4)(a) and (4A) of the Act, the prescribed amount is—

(a)if the forfeited residence is a house located in the Melbourne metropolitan area—the median house price for the Melbourne metropolitan area in the most recent Guide to Property Values published by the Valuer‑General of Victoria;

(b)if the forfeited residence is a house in country Victoria—the median house price for country Victoria in the most recent Guide to Property Values published by the Valuer‑General of Victoria;

(c)if the forfeited 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 Guide to Property Values published by the Valuer‑General of Victoria;

(d)if the forfeited residence is a unit or an apartment in country Victoria—the median unit or apartment price for country Victoria in the most recent Guide to Property Values published by the Valuer‑General of Victoria.

51Application to Minister for return of property

For the purposes of section 55(8) of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.

52Buying back interest in forfeited property

For the purposes of section 56(5) of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.

53Buying out other interests in forfeited property

For the purposes of section 57(5) of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.

54Assessment of benefits in relation to Schedule 2 offences

For the purposes of section 68(1) of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.

55Declaration that property available to satisfy pecuniary penalty order

For the purposes of section 70(1) of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.

55ARegistration of charges and declarations

For the purposes of section 72(5) and (7) of the Act, the Assistant Director, Asset Confiscation Operations in the Department of Justice and Community Safety is prescribed.

56Particulars of declaration under section 70(1) to be recorded on register

The prescribed particulars to be recorded under section 72(7) of the Act are—

(a)a description of the affected property that is sufficient to identify it;

(b)whether the declaration is in respect of the whole or a specified part of the property;

(c)the name of the registered owner of the property;

(d)the date on which the declaration was made;

(e)the name of the court by which the declaration was made;

(f)the name of the accused;

(g)the name of any other person to whom notice of the application for the declaration was given under section 70(3) of the Act.

57Disposal of property obtained to satisfy pecuniary penalty order

For the purposes of section 73(1), (4) and (6) of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.

57ANotice of intention to sell charged land

For the purpose of section 73A(2)(a) of the Act, the following particulars are prescribed—

(a)in the case of a natural person who has an interest in the land, the name and address and, if known, the date of birth of the person;

(b)in the case of a body corporate who has an interest in the land, the name and registered address and, if known, the ABN, ACN or ARBN of the body corporate;

(c)a statement which includes the following—

(i)the address of the land to be sold;

(ii)details of land ownership and title details;

(iii)the nature of the interest of the person;

(d)the date on which the charge on land was registered under section 72(5) of the Act;

(e)details of the pecuniary penalty order, restraining order or declaration under section 70(1) of the Act as the case may be;

(f)the effect of section 73B of the Act.

58Trustees

For the purposes of section 76(1) and (7) of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.

59Disposal order

For the purposes of section 77(1) of the Act, the following property is prescribed—

(a)a dangerous article within the meaning of the Control of Weapons Act 1990;

(b)a controlled weapon within the meaning of the Control of Weapons Act 1990;

(c)a prohibited weapon within the meaning of the Control of Weapons Act 1990;

(d)any article of clothing or of disguise;

(e)any document.

59ASeizure warrants—public places

For the purposes of section 79A(1)(b) of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.

60Disposal of livestock or perishable property

For the purposes of section 96 of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.

61Return of property seized under a warrant

(1)For the purposes of section 97(1) and (2) of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.

(2)For the purposes of section 97(3A) of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.

(3)For the purposes of section 97(4)(a) of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.

62Application for search and inspection warrant

For the purposes of section 97A(1) of the Act, the following persons are prescribed—

(a)the Assistant Director, Asset Confiscation Operations;

(b)the Manager, Confiscation Operations in Asset Confiscation Operations.

63Application for search and seizure warrant

For the purposes of section 97M(1) of the Act, the following persons are prescribed—

(a)the Assistant Director, Asset Confiscation Operations;

(b)the Manager, Confiscation Operations in Asset Confiscation Operations.

64Order for examination

For the purposes of section 98(1) of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.

65Monitoring order

For the purposes of section 118(2) of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.

66Information notice

For the purposes of section 118C(b) of the Act, the following persons are prescribed—

(a)the Assistant Director, Asset Confiscation Operations;

(b)the Manager, Confiscation Operations in Asset Confiscation Operations.

66ARequesting information held by credit reporting bodies

For the purposes of paragraph (b) of the definition of investigative officer in section 118N(4) of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.

67Document request relating to maintenance and management of property

For the purposes of section 120A(2) of the Act, the following persons are prescribed—

(a)the Assistant Director, Asset Confiscation Operations;

(b)the Manager, Confiscation Operations in Asset Confiscation Operations.

68Document 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 Assistant Director, Asset Confiscation Operations;

(b)the Manager, Confiscation Operations in Asset Confiscation Operations.

69Registration of interstate orders

For the purposes of section 125(1) of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.

70Reports to the Minister

For the purposes of section 139A(2) of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.

71Appeals

For the purposes of section 142(5) of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.

72Delegation

For the purposes of section 143A of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.

SCHEDULE 1—FORMS

FORM 1

Regulation 6

NOTICE REQUIRING DECLARATION OF PROPERTY INTERESTS—RESTRAINING ORDER

Section 19A(2)(a) of the Confiscation Act 1997

IMPORTANT: DO NOT IGNORE THIS DOCUMENT

As soon as you get this notice you should get legal advice to help you understand the notice and your obligations under the notice. Contact your lawyer or a community legal centre for advice.

[Information to the effect of the above advice to be printed in the English, Arabic, Cambodian, Chinese, Croatian, Greek, Italian, Macedonian, Polish, Serbian, Spanish, Turkish and Vietnamese languages.]

To: [insert name and address]

WHY YOU HAVE RECEIVED THIS NOTICE

A court has made a restraining order in respect of certain property under the Confiscation Act 1997. A copy of the restraining order should be attached to this notice. The restraining order describes the property that has been restrained.

You have received this notice because the person who applied for the restraining order believes that you have an interest in some or all of the property described in the restraining order.

WHAT YOU MUST DO

You must make a declaration in writing. You may use the attached form to make your declaration.

The declaration must state—

·whether or not you have an interest in the property described in the restraining order; and

·whether or not you believe that any other person has an interest in the property described in the restraining order.

An interest in property is defined in section 3(1) of the Confiscation Act 1997 as meaning a legal or equitable estate or interest in the property, ora right, power or privilege over, or in connection with, the property.

If you have an interest in the property, you must also state in the declaration the nature and extent of that interest, including—

·in relation to a mortgage, the current value of the debt secured by the mortgage; and

·in relation to any security interest other than a mortgage, the current value of the debt secured by the interest in the property.

The nature of an interest in land, for example, may be an interest in fee simple, a leasehold interest or a security interest such as a mortgage. The extent of an interest, for example, may be the whole of the property or some lesser specified interest, such as a half-interest as a tenant in common.

If you believe that any other person has an interest in the property described in the restraining order, you must state to the best of your knowledge the name and address of every such person in the declaration.

You must give the declaration to a member of the police force within 14 days after you were given this notice.

Address for delivery of declaration: [insert address]

WARNING

If you fail, without reasonable excuse, to make a declaration and give the declaration to a member of the police force within 14 days, you may be charged with a criminal offence and prosecuted under section 19C(1) of the Confiscation Act 1997.

If you make a false or misleading statement in your declaration, you may be charged and prosecuted under section 19C(2) of the Confiscation Act 1997.

If you are found guilty of either of these offences, you may be liable to a maximum penalty of 60 penalty units.

A statement made by you in a declaration of property interests, and any information, document or thing obtained as a consequence of the statement, is admissible against you in a proceeding for making a false or misleading statement in the declaration or in any proceeding under the Confiscation Act 1997, but is not otherwise admissible in evidence against you.

ATTACHED FORM OF DECLARATION OF PROPERTY INTERESTS

I [insert full name]

of [address]

state that—

oI have an interest as stated below in property described in the restraining order which I have been given; or

oI do not have an interest in property described in the restraining order which I have been given;

and

oI believe that another person as stated below has an interest in the property described in the restraining order which I have been given; or

oI do not believe that any other person has an interest in the property described in the restraining order which I have been given.

Nature and extent of my interest in the restrained property—

[insert statement of nature and extent of interest]

To the best of my knowledge the name and address of person(s) with an interest in restrained property are—

[insert name(s) and address(es)]

Signed:

Date:

FORM 2

Regulation 7

FREEZING ORDER

Section 31F(4) of the Confiscation Act 1997

Court Ref.

This freezing order under Part 2A of the Confiscation Act 1997 is made at [insert time] am/pm on [insert date] by [insert name of Magistrate].

Name of financial institution with which account is held

[insert financial institution]

Number or description of account to be frozen

[insert account details]

Conditions, if any, to which order is subject

[insert conditions to which order is subject, if any]

This freezing order is issued to—

*Name, Rank, No. of police officer [insert name, rank, number of police officer]/*name, title of investigative officer [insert name, title of investigative officer]

Address [insert address of police or other investigative officer]

being an investigative officer within the meaning of section 31A of the Confiscation Act 1997 as—

*a police officer/*a member of a class of police officer authorised under section 31B of the Confiscation Act 1997 for the purposes of applying for a freezing order.

OR

*a person who holds a prescribed office/*a person belonging to a prescribed class of investigative officer.

The application for the freezing order was made *in writing/*by telephone/*by facsimile.

An affidavit in support of the application for the freezing order was *provided/*not provided.

The freezing order was *transmitted/*not transmitted by facsimile machine.

*Delete if inapplicable.

A freezing order is a court order that a financial institution must not allow a person to transact in relation to a specified account held with that institution, except to make deposits or in the manner and circumstances specified in the freezing order.

If the application for a freezing order has been made before an affidavit is prepared or sworn, the applicant for the freezing order, not later than the day following the making of the application, must send a duly sworn affidavit to the venue of the Magistrates' Court that determined the application, irrespective of whether a freezing order has been made (section 31D(4) of the Confiscation Act 1997).

If the Magistrates' Court provides the applicant with a copy of the freezing order in writing or by facsimile at the time the order is made, an investigative officer, not more than 5 business days after a freezing order is made, must give to the financial institution specified above a copy of the freezing order and a notice in the prescribed form specifying the matters set out in section 31G(1)(b) of the Confiscation Act 1997.

If the Magistrates' Court does not provide the applicant with a copy of the freezing order in writing or by facsimile at the time the order is made, an investigative officer, not more than 5 business days after the freezing order is made, must give to the financial institution specified above a notice in the prescribed form specifying the matters set out in section 31G(2) of the Confiscation Act 1997.

FORM 3

Regulation 8

NOTICE TO ACCOMPANY COPY OF FREEZING ORDER

Section 31G(1)(b) of the Confiscation Act 1997

To [insert name of financial institution]

of [insert address of financial institution]

A copy of a freezing order should be given to you with this notice.

You must not allow a person to transact in relation to the account specified in the freezing order, except to make deposits or in the manner and circumstances specified in the freezing order.

The freezing order takes effect at the time that this notice is given to you. The freezing order lasts for 5 business days unless you are otherwise advised by a police officer or other investigative officer that the order has ceased to have effect or has been extended by court order.

IMPORTANT

A financial institution that has been given notice of a freezing order must not, without reasonable excuse, fail to comply with the order under section 31K(1) of the Confiscation Act 1997. This is a summary offence. The maximum penalty for this offence is a fine of 1200 penalty units.

While a freezing order is in force, a financial institution that has been given notice of the order must not disclose the existence or operation of the order to any person except—

(a)     a police officer or other investigative officer; or

(b)an officer or agent of the financial institution, for the purpose of ensuring that the freezing order is complied with; or

(c)a legal practitioner acting for the financial institution, for the purpose of obtaining legal advice or representation in relation to the freezing order; or

(d)a person in whose name the account is held or who has an interest in the account in respect of which the freezing order is made.

This is a summary offence. The maximum penalty for this offence is a fine of 1200 penalty units (section 31L(1) of the Confiscation Act 1997).

While a freezing order is in force, a police officer or an investigative officer to whom the existence or operation of the freezing order is disclosed must not disclose the existence or operation of the freezing order to any person except to another police officer or investigative officer for the purpose of the performance of the officer's duties. This obligation applies for such time as the first-mentioned police officer or investigative officer continues to be a police officer or an investigative officer. When the first-mentioned police officer or investigative officer is no longer a police officer or an investigative officer, that person must not make a record of, or disclose, the existence or operation of the freezing order in any circumstances.

While a freezing order is in force, an officer or agent of the financial institution to whom the existence or operation of the freezing order is disclosed, must not disclose the existence or operation of the freezing order to any person except to another officer or agent of the financial institution for the purpose of ensuring that the freezing order is complied with or obtaining legal advice or representation in relation to the freezing order. This obligation applies for such time as the first-mentioned officer or agent of the financial institution continues to be an officer or agent of the financial institution. When the first-mentioned officer or agent of the financial institution is no longer an officer or agent of the financial institution, that person must not make a record of, or disclose, the existence or operation of the freezing order in any circumstances.

While a freezing order is in force, a legal practitioner acting for the financial institution to whom the existence or operation of the freezing order is disclosed, must not disclose the existence or operation of the freezing order to any person except to another legal practitioner for the purpose of giving legal advice or providing legal representation in relation to the freezing order. This obligation applies for such time as the first-mentioned legal practitioner continues to be a legal practitioner acting for the financial institution. When the first-mentioned legal practitioner is no longer a legal practitioner acting for the financial institution, that person must not make a record of, or disclose, the existence or operation of the freezing order in any circumstances.

Failure to comply with these obligations constitutes an offence under section 31L(2) of the Confiscation Act 1997. The maximum penalty for this offence is 2 years imprisonment or a fine of 240 penalty units or both.

However, the obligations described above do not prevent a person disclosing the existence or operation of a freezing order for the purposes of, or in connection with, legal proceedings or in the course of proceedings before a court. While a freezing order is in force, a police officer or an investigative officer must not be required to disclose to any court the existence or operation of the freezing order.

A police officer may disclose the existence or operation of a freezing order for the purposes of a report to the Minister under section 139A(1) of the Confiscation Act 1997.

A reference in this notice to disclosing the existence or operation of a freezing order to a person includes a reference to disclosing information to the person from which the person could reasonably be expected to infer the existence or operation of the freezing order.

FORM 4

Regulation 9

NOTICE OF FREEZING ORDER

Section 31G(2) of the Confiscation Act 1997

To [insert name of financial institution]

of [insert address of financial institution]

A freezing order under Part 2A of the Confiscation Act 1997 was made at [insert time] am/pm on [insert date] by [insert name of Magistrate].

You must not allow a person to transact in relation to the account specified below except to make deposits or the manner and circumstances specified below.

Number or description of account to be frozen

[insert account details]

Conditions, if any, to which order is subject

[insert conditions, if any]

The freezing order takes effect at the time that this notice is given to you. The freezing order lasts for 5 business days unless you are otherwise advised by a police officer or other investigative officer that the order has ceased to have effect or has been extended by court order.

IMPORTANT

A financial institution that has been given notice of a freezing order must not, without reasonable excuse, fail to comply with the order under section 31K(1) of the Confiscation Act 1997. This is a summary offence. The maximum penalty for this offence is a fine of 1200 penalty units.

While a freezing order is in force, a financial institution that has been given notice of the order must not disclose the existence or operation of the order to any person except—

(a)     a police officer or other investigative officer; or

(b)an officer or agent of the financial institution, for the purpose of ensuring that the freezing order is complied with; or

(c)a legal practitioner acting for the financial institution, for the purpose of obtaining legal advice or representation in relation to the freezing order; or

(d)a person in whose name the account is held or who has an interest in the account in respect of which the freezing order is made.

This is a summary offence under section 31L(1) of the Confiscation Act 1997. The maximum penalty for this offence is a fine of 1200 penalty units.

While a freezing order is in force, a police officer or an investigative officer to whom the existence or operation of the freezing order is disclosed must not disclose the existence or operation of the freezing order to any person except to another police officer or investigative officer for the purpose of the performance of the officer's duties. This obligation applies for such time as the first-mentioned police officer or investigative officer continues to be a police officer or an investigative officer. When the first-mentioned police officer or investigative officer is no longer a police officer or an investigative officer, that person must not make a record of, or disclose, the existence or operation of the freezing order in any circumstances.

While a freezing order is in force, an officer or agent of the financial institution to whom the existence or operation of the freezing order is disclosed must not disclose the existence or operation of the freezing order to any person except to another officer or agent of the financial institution for the purpose of ensuring that the freezing order is complied with or obtaining legal advice or representation in relation to the freezing order. This obligation applies for such time as the first-mentioned officer or agent of the financial institution continues to be an officer or agent of the financial institution. When the first-mentioned officer or agent of the financial institution is no longer an officer or agent of the financial institution, that person must not make a record of, or disclose, the existence or operation of the freezing order in any circumstances.

While a freezing order is in force, a legal practitioner acting for the financial institution to whom the existence or operation of the freezing order is disclosed must not disclose the existence or operation of the freezing order to any person except to another legal practitioner for the purpose of giving legal advice or providing legal representation in relation to the freezing order. This obligation applies for such time as the first-mentioned legal practitioner continues to be a legal practitioner acting for the financial institution. When the first-mentioned legal practitioner is no longer a legal practitioner acting for the financial institution, that person must not make a record of, or disclose, the existence or operation of the freezing order in any circumstances.

Failure to comply with these obligations constitutes an offence under section 31L(2) of the Confiscation Act 1997. The maximum penalty for this offence is 2 years imprisonment or a fine of 240 penalty units or both.

However, the obligations described above do not prevent a person disclosing the existence or operation of a freezing order for the purposes of, or in connection with, legal proceedings, or in the course of proceedings before a court. While a freezing order is in force, a police officer or an investigative officer must not be required to disclose to any court the existence or operation of the freezing order.

A police officer may disclose the existence or operation of a freezing order for the purposes of a report to the Minister under section 139A(1) of the Confiscation Act 1997.

A reference in this notice to disclosing the existence or operation of a freezing order to a person includes a reference to disclosing information to the person from which the person could reasonably be expected to infer the existence or operation of the freezing order.

FORM 5

Regulation 10

NOTICE REQUIRING DECLARATION OF PROPERTY INTERESTS—CIVIL FORFEITURE RESTRAINING ORDER

Section 36O(2)(a) of the Confiscation Act 1997

IMPORTANT: DO NOT IGNORE THIS DOCUMENT

As soon as you get this notice you should get legal advice to help you understand the notice and your obligations under the notice. Contact your lawyer or a community legal centre for advice.

[Information to the effect of the above advice to be printed in the English, Arabic, Cambodian, Chinese, Croatian, Greek, Italian, Macedonian, Polish, Serbian, Spanish, Turkish and Vietnamese languages.]

To: [insert name and address]

WHY YOU HAVE RECEIVED THIS NOTICE

A court has made a civil forfeiture restraining order under section 36M(1) of the Confiscation Act 1997 in respect of certain property. A copy of the civil forfeiture restraining order should be attached to this notice. The civil forfeiture restraining order describes the property that has been restrained.

You have received this notice because the person who applied for the civil forfeiture restraining order believes that you have an interest in some or all of the property described in the civil forfeiture restraining order.

WHAT YOU MUST DO

You must make a declaration in writing. You may use the attached form to make your declaration.

The declaration must state—

·whether or not you have an interest in the property described in the civil forfeiture restraining order; and

·whether or not you believe that any other person has an interest in the property described in the civil forfeiture restraining order.

An interest in property is defined in section 3(1) of the Confiscation Act 1997 as meaning a legal or equitable estate or interest in the property, or a right, power or privilege over, or in connection with, the property.

If you have an interest in the property, you must also state in the declaration the nature and extent of that interest, including—

·in relation to a mortgage, the current value of the debt secured by the mortgage; and

·in relation to any security interest other than a mortgage, the current value of the debt secured by the interest in the property.

The nature of an interest in land, for example, may be an interest in fee simple, a leasehold interest or a security interest such as a mortgage. The extent of an interest, for example, may be the whole of the property or some lesser specified interest, such as a half-interest as a tenant in common.

If you believe that any other person has an interest in the property described in the civil forfeiture restraining order, you must state to the best of your knowledge the name and address of every such person in the declaration.

You must give the declaration to a police officer within 14 days after you were given this notice.

Address for delivery of declaration: [insert address]

WARNING

If you fail, without reasonable excuse, to make a declaration and give the declaration to a police officer within 14 days, you may be charged with a criminal offence and prosecuted under section 36R(1) of the Confiscation Act 1997.

If you make a false or misleading statement in your declaration, you may be charged and prosecuted under section 36R(3) of the Confiscation Act 1997.

If you are found guilty of either of these offences, you may be liable to a maximum penalty of 60 penalty units.

A statement made by you in a declaration of property interests, and any information, document or thing obtained as a consequence of such a statement, is admissible against you in a proceeding for making a false or misleading statement in the declaration or in any proceeding under the Confiscation Act 1997, but is not otherwise admissible in evidence against you.

ATTACHED FORM OF DECLARATION OF PROPERTY INTERESTS

I [insert full name]

of [insert address]

state that—

oI have an interest as stated below in property described in the civil forfeiture restraining order which I have been given; or

oI do not have an interest in property described in the civil forfeiture restraining order which I have been given;

and

oI believe that another person as stated below has an interest in the property described in the civil forfeiture restraining order which I have been given; or

oI do not believe that any other person has an interest in the property described in the civil forfeiture restraining order which I have been given.

Nature and extent of my interest in the restrained property—

[insert statement of nature and extent of interest]

To the best of my knowledge the name and address of person(s) with an interest in the restrained property are—

[insert name(s) and address(es)]

Signed:

Date:

FORM 6

Regulation 11

NOTICE REQUIRING DECLARATION OF PROPERTY INTERESTS—UNEXPLAINED WEALTH RESTRAINING ORDER

Section 40K(3)(a) of the Confiscation Act 1997

IMPORTANT: DO NOT IGNORE THIS DOCUMENT

As soon as you get this notice you should get legal advice to help you understand the notice and your obligations under the notice. Contact your lawyer or a community legal centre for advice.

[Information to the effect of the above advice to be printed in the English, Arabic, Cambodian, Chinese, Croatian, Greek, Italian, Macedonian, Polish, Serbian, Spanish, Turkish and Vietnamese languages.]

To: [insert name and address]

WHY YOU HAVE RECEIVED THIS NOTICE

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.

You have received this notice because the person who applied for the unexplained wealth restraining order believes that you have an interest in some or all of the property described in the unexplained wealth restraining order.

WHAT YOU MUST DO

You must make a declaration in writing. You may use the attached form to make your declaration.

The declaration must state—

·whether or not you have an interest in the property described in the unexplained wealth restraining order; and

·whether or not you believe that any other person has an interest in the property described in the unexplained wealth restraining order.

An interest in property is defined in section 3(1) of the Confiscation Act 1997 as meaning a legal or equitable estate or interest in the property, or a right, power or privilege over, or in connection with, the property.

If you have an interest in the property, you must also state in the declaration the nature and extent of that interest, including—

·in relation to a mortgage, the current value of the debt secured by the mortgage; and

·in relation to any security interest other than a mortgage, the current value of the debt secured by the interest in the property.

The nature of an interest in land, for example, may be an interest in fee simple, a leasehold interest or a security interest such as a mortgage. The extent of an interest, for example, may be the whole of the property or some lesser specified interest, such as a half-interest as a tenant in common.

If you believe that any other person has an interest in the property described in the unexplained wealth restraining order, you must state to the best of your knowledge the name and address of every such person in the declaration.

You must give the declaration to a police officer within 14 days after you were given this notice.

Address for delivery of declaration: [insert address]

WARNING

If you fail, without reasonable excuse, to make a declaration and give the declaration to a police officer within 14 days, you may be charged with a criminal offence and prosecuted under section 40O(1) of the Confiscation Act 1997.

If you make a false or misleading statement in your declaration, you may be charged and prosecuted under section 40O(3) of the Confiscation Act 1997.

If you are found guilty of either of these offences, you may be liable to a maximum penalty of 60 penalty units.

A statement made by you in a declaration of property interests, and any information, document or thing obtained as a consequence of such a statement, is admissible against you in a proceeding for making a false or misleading statement in the declaration or in any proceeding under the Confiscation Act 1997, but is not otherwise admissible in evidence against you.

ATTACHED FORM OF DECLARATION OF PROPERTY INTERESTS

I [insert full name]

of [address]

state that—

oI have an interest as stated below in property described in the unexplained wealth restraining order which I have been given; or

oI do not have an interest in property described in the unexplained wealth restraining order which I have been given;

and

oI believe that another person as stated below has an interest in the property described in the unexplained wealth restraining order which I have been given; or

oI do not believe that any other person has an interest in the property described in the unexplained wealth restraining order which I have been given.

Nature and extent of my interest in the restrained property—

[insert statement of nature and extent of interest]

To the best of my knowledge the name and address of person(s) with an interest in the restrained property are—

[insert name(s) and address(es)]

Signed:

Date:

FORM 7

Regulation 12

NOTICE REQUIRING DECLARATION OF PROPERTY INTERESTS—PERSON SUSPECTED OF ENGAGING IN SERIOUS CRIMINAL ACTIVITY

Section 40M(2)(a) of the Confiscation Act 1997

IMPORTANT: DO NOT IGNORE THIS DOCUMENT

As soon as you get this notice you should get legal advice to help you understand the notice and your obligations under the notice. Contact your lawyer or a community legal centre for advice.

[Information to the effect of the above advice to be printed in the English, Arabic, Cambodian, Chinese, Croatian, Greek, Italian, Macedonian, Polish, Serbian, Spanish, Turkish and Vietnamese languages.]

To: [insert name and address]

WHY YOU HAVE RECEIVED THIS NOTICE

A court has made an unexplained wealth restraining order in respect of certain property under section 40I(1) of 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.

You have received this notice because the person who applied for the unexplained wealth restraining order believes that you have an interest in some or all of the property described in the unexplained wealth restraining order and because the order was made on the basis that you are suspected of having engaged in serious criminal activity.

WHAT YOU MUST DO

You must make a declaration in writing. You may use the attached form to make your declaration.

The declaration must state—

·the following information identifying your sources of income and property in which you have or have had an interest, regardless of whether or not this property is described in the unexplained wealth restraining order—

(a)particulars of any sources of income you have received, including bequests;

(b)any bank or building society accounts held by you, whether solely or jointly;

(c)any real property in which you hold an interest;

(d)any unit trusts, ledgers, shares or debentures in which you hold an interest;

(e)the amount of any cash held by you, including cash held as virtual currency, and the source of the cash;

(f)any motor vehicles, boats, works of art, livestock or jewellery owned by you that have an individual value of $5000 or more;

(g)any safe deposit boxes held by you;

(h)any charge and credit cards held by you;

(i)any accounts held by you for the purposes of gambling;

(j)any trusts in which you have a beneficial interest;

(k)any transfers of property made by you to another person in the previous 6 years if the total value of those transfers is $50 000 or more;

(l)any transfers of property to you made by another person in the previous 6 years if the total value of those transfers is $50 000 or more; and

·whether or not you have an interest in the property described in the unexplained wealth restraining order; and

·whether or not you believe that any other person has an interest in the property described in the unexplained wealth restraining order.

An interest in property is defined in section 3(1) of the Confiscation Act 1997 as meaning a legal or equitable estate or interest in the property, or a right, power or privilege over, or in connection with, the property.

If you have an interest in the property described in the unexplained wealth restraining order, you must also state in the declaration the nature and extent of that interest, including—

·in relation to a mortgage, the current value of the debt secured by the mortgage; and

·in relation to any security interest other than a mortgage, the current value of the debt secured by the interest in the property.

The nature of an interest in land, for example, may be an interest in fee simple, a leasehold interest or a security interest such as a mortgage. The extent of an interest, for example, may be the whole of the property or some lesser specified interest, such as a half-interest as a tenant in common.

If you believe that any other person has an interest in the property described in the unexplained wealth restraining order, you must state to the best of your knowledge the name and address of every such person in the declaration.

You must give the declaration to a police officer within 28 days after you were given this notice.

Address for delivery of declaration: [insert address]

WARNING

If you fail, without reasonable excuse, to make a declaration and give the declaration to a police officer within 28 days, you may be charged with a criminal offence and prosecuted under section 40O(2) of the Confiscation Act 1997.

If you make a false or misleading statement in your declaration, you may be charged and prosecuted under section 40O(3) of the Confiscation Act 1997.

If you are found guilty of either of these offences, you may be liable to a maximum penalty of 60 penalty units.

A statement made by you in a declaration of property interests, and any information, document or thing obtained as a consequence of such a statement, is admissible against you in a proceeding for making a false or misleading statement in the declaration or in any proceeding under the Confiscation Act 1997, but is not otherwise admissible in evidence against you.

ATTACHED FORM OF DECLARATION OF PROPERTY INTERESTS

I [insert full name]

of [address]

state that—

I receive income from the following sources, including bequests:

[insert statement of nature and extent of interest]

I hold, either solely or jointly, the following bank or building society accounts:

[insert statement of nature and extent of interest]

I hold an interest in the following real property:

[insert statement of nature and extent of interest]

I hold an interest in the following unit trusts, ledgers, shares or debentures:

[insert statement of nature and extent of interest]

I hold the following amount of cash, including virtual currency, which I received from the following sources:

[insert statement of nature and extent of interest]

I hold the following motor vehicles, boats, works of art, livestock and jewellery valued at $5000 or greater:

[insert statement of nature and extent of interest]

I hold the following safe deposit boxes:

[insert statement of nature and extent of interest]

I hold the following charge and credit cards:

[insert statement of nature and extent of interest]

I hold the following accounts for the purposes of gambling:

[insert statement of nature and extent of interest]

I hold a beneficial interest in the following trusts:

[insert statement of nature and extent of interest]

I have/have not (delete as applicable) received transfers of property from another person in the previous six years, the total value of which was $50 000 or greater. These transfers were as follows:

[insert statement of nature and extent of interest]

and

oI have an interest as stated below in property described in the unexplained wealth restraining order which I have been given; or

oI do not have an interest in property described in the unexplained wealth restraining order which I have been given;

and

oI believe that another person as stated below has an interest in the property described in the unexplained wealth restraining order which I have been given; or

oI do not believe that any other person has an interest in the property described in the unexplained wealth restraining order which I have been given.

Nature and extent of my interest in the restrained property—

[insert statement of nature and extent of interest]

To the best of my knowledge the name and address of person(s) with an interest in the restrained property are—

[insert name(s) and address(es)]

Signed:

Date:

FORM 8

Regulation 13

SECRETARY'S CERTIFICATE OF RESPONSIBILITY AND POWER

Section 78B(3) of the Confiscation Act 1997

Under section 78B of the Confiscation Act 1997, I, [insert name], Secretary to the Department of Justice and Community Safety, certify that I have responsibility for, and power in relation to, the property described below by virtue of a memorandum of understanding entered into with a law enforcement agency under section 78A of that Act.

Description of property

[insert description of property]

The details of the memorandum of understanding are as follows—

Law enforcement agency  [insert law enforcement agency]

Date entered into  [insert date]

*Specified property or class of property     [insert property details]

to which the memorandum of

understanding relevantly refers

*Specified person who has an interest         [insert person's name]

in property or against whom an order

or declaration is made under the

Confiscation Act 1997

, and to whom

the memorandum of understanding

relevantly refers

*Delete if inapplicable.

Signed:

Secretary to the Department of Justice and Community Safety

Date:

FORM 9

Regulation 14

SEARCH WARRANT

Section 79(5) of the Confiscation Act 1997

Court Ref.

Purpose for which warrant is issued

oto search for the tainted property described below

oto search for the forfeited property described below

Description of tainted or forfeited property

[insert property description]

Premises which may be searched for tainted or forfeited property

[insert address of premises]

Nature of offence in reliance on which warrant is issued

[insert statement of nature of offence]

operson charged with offence

operson likely to be charged with offence within the next 48 hours

operson convicted of offence

Reasons for issue of warrant

Reasonable grounds for believing that there—

ois

omay be within the next 72 hours—

in or on the premises described above the tainted or forfeited property described above.

This warrant is issued to—

Name, Rank, No. of police officer  

Address

The application for this search warrant was made *in writing/*by telephone.

This search warrant was *transmitted/*not transmitted by facsimile machine.

This warrant authorises any police officer, with the aid of any assistants considered necessary, to break and enter the premises described above and to—

osearch the premises described above for any tainted or forfeited property described above;

osearch any person found in or on the premises described above suspected on reasonable grounds of having on his or her person any tainted or forfeited property described above—

and to seize any such property.

The power to seize property which includes a digital asset or to seize the means of accessing or gaining control of a digital asset includes the power to access or interfere with a computer or data storage device storing the asset or data related to the asset, to alter or transfer the asset or data related to the asset, and to change, transfer or perform any other transaction in relation to the asset or data related to the asset that may be required to gain exclusive control of the asset.

The power to seize property includes the power to remove the property, to guard the property in or on the premises, to make copies of the whole or part of the property and to issue an embargo notice under section 93 of the Confiscation Act 1997 in respect of the property.

A police officer executing this warrant may also seize other property not of the kind described above if the officer believes on reasonable grounds that the property is of a kind that could have been included in this search warrant or will afford evidence about the commission of another Schedule 1 offence and the police officer believes on reasonable grounds that it is necessary to seize that property in order to prevent its concealment, loss or destruction or its use in committing or continuing a Schedule 1 offence.

If reasonably necessary to do so, the person authorised to search may break open any receptacle in or on the premises for the purposes of the search.

*Authority to give a direction under section 80A(2) of the Confiscation Act 1997

A police officer executing this warrant may direct—

[Name of specified person or persons]

of

[Address or addresses]

to provide any information or assistance that is reasonable or necessary to allow the police officer to—

* access data held in, or accessible from, a computer or data storage device that—

* is on the warrant premises;

* has been seized under this warrant and is at a place other than the warrant premises;

* copy to another data storage device data held in, or accessible from, a computer or data storage device that—

* is on the warrant premises;

* has been seized under this warrant and is at a place other than the warrant premises;

* convert into documentary form or another form intelligible to a police officer—

* data held in, or accessible from, a computer or data storage device that—

* is on the warrant premises;

* has been seized under this warrant and is at a place other than the warrant premises;

* data held in a data storage device to which the data was copied in accordance with a direction given by authority of this warrant;

* use data that—

* is recorded on a thing that is—

* on warrant premises;

* has been seized under this warrant and is at a place other than warrant premises; and

* enables access to other data held in, or accessible from, a computer or data storage device—

* to access the other data.

This warrant ceases to have effect at the end of one month after its issue, or if it is recalled and cancelled by the magistrate or judge who issued it or when it is executed, whichever occurs first.

The police officer executing this warrant is required to produce this warrant for inspection by an occupier of, or a person who is in charge of, the premises if requested to do so. The police officer executing this warrant must serve the occupier's notice attached to the execution copy of this warrant on a person who appears to be an occupier of, or to be in charge of, the premises and to be aged 18 years or more. (If no such person is in attendance the attached occupier's notice must be served as soon as practicable after the execution of this warrant, unless otherwise ordered by the judicial officer issuing this warrant).

Issued at          am/pm on [date] at [place]

by [insert name of
judicial officer]

*Magistrate

*Judge of the County Court

*Judge of the Supreme Court

*Delete if inapplicable.

FORM 10

Regulation 15(a)

SEIZURE WARRANT (TAINTED PROPERTY)

Section 79A(6) of the Confiscation Act 1997

Court Ref.

This warrant is issued for the purpose of seizing tainted property described below

Description of tainted property

[insert property description]

Description of public place from which tainted property may be seized

[insert address or location of premises or place]

Nature of offence in reliance on which warrant is issued

[insert statement of nature of offence]

o    person charged with offence

o    person likely to be charged with offence within the next 48 hours

o    person convicted of offence

o    not applicable: non-conviction based forfeiture

Reasons for issue of warrant

Reasonable grounds for believing that the tainted property described above—

o    is

o    may be within the next 72 hours—

at the public place described above.

This warrant is issued to—

[Name, Rank, No. of police officer]

[Address]

The application for the seizure warrant was made *in writing/*by telephone.

The seizure warrant was *transmitted/*not transmitted by facsimile machine.

This warrant authorises any police officer, with the aid of any assistants considered necessary, to seize the tainted property described above. Nothing in this warrant authorises the seizure of any property not specified in the warrant, the arrest of any person, or the entry of any premises to seize property.

This warrant ceases to have effect at the end of one month after its issue, or if it is recalled and cancelled by the magistrate or judge who issued it, or when it is executed, whichever occurs first.

The police officer executing this warrant is required to produce this warrant for inspection by any person present during the execution of the warrant, if that person has an interest in the property being seized or is in charge of the property being seized.

The applicant for this warrant must give notice of the execution of the warrant to all persons known to have an interest in the property seized under the warrant as soon as practicable, but not more than 7 days after execution.

This warrant is issued under section 79A of the Confiscation Act 1997.

Issued at [time] am/pm on [date] at [place]

by [insert name of
judicial officer]

*Magistrate

*Judge of the County Court

*Judge of the Supreme Court

*Delete if inapplicable.

FORM 10A

Regulation 15(b)

SEIZURE WARRANT (FORFEITED PROPERTY)

Section 79A(6) of the Confiscation Act 1997

Court Ref.

This warrant is issued for the purpose of seizing forfeited property described below

Description of forfeited property

[insert property description]

Description of public place from which forfeited property may be seized

[insert address or location of premises or place]

Nature of offence in reliance on which warrant is issued

[insert statement of nature of offence]

o    person charged with offence

o    person likely to be charged with offence within the next 48 hours

o    person convicted of offence

o    not applicable: non-conviction based forfeiture

Reasons for issue of warrant

Reasonable grounds for believing that the forfeited property described above—

o    is

o    may be within the next 72 hours

at the public place described above.

This warrant is issued to—

[Name, Rank, No. of police officer   ]

[Address]

The application for the seizure warrant was made *in writing/*by telephone.

The seizure warrant was *transmitted/*not transmitted by facsimile machine.

This warrant authorises any police officer, with the aid of any assistants considered necessary, to seize the forfeited property described above. Nothing in this warrant authorises the seizure of any property not specified in the warrant, the arrest of any person, or the entry of any premises to seize property.

This warrant ceases to have effect at the end of the period of 6 months after its issue, or if it is recalled and cancelled by the magistrate or judge who issued it, or when it is executed, whichever occurs first.

The police officer executing this warrant is required to produce this warrant for inspection by any person present during the execution of the warrant, if that person has an interest in the property being seized or is in charge of the property being seized.

The applicant for this warrant must give notice of the execution of the warrant to all persons known to have an interest in the property seized under the warrant as soon as practicable, but not more than 7 days after execution.

This warrant is issued under section 79A of the Confiscation Act 1997.

Issued at [time] am/pm on [date] at [place]

by [insert name of
judicial officer]

*Magistrate

*Judge of the County Court

*Judge of the Supreme Court

*Delete if inapplicable.

FORM 11

Regulation 16

OCCUPIER'S NOTICE

Section 83 of the Confiscation Act 1997

A search warrant authorised by Part 11 of the Confiscation Act 1997 was issued at          am/pm on [date] at [place] by [insert name]

*Magistrate

*Judge of the County Court

*Judge of the Supreme Court

*Delete if inapplicable.

Name of person who applied for the warrant—

[insert name]

Purpose for which warrant was issued—

oto search for the tainted property described below

oto search for the forfeited property described below

Description of tainted or forfeited property

[insert description of property]

Premises which may be searched for tainted or forfeited property—

Number and name of street

suburb

Nature of offence in reliance on which warrant was issued—

[insert statement of nature of offence]

operson charged with offence

operson likely to be charged with Schedule 1 offence within the next 48 hours

operson convicted of offence

The warrant was issued to—

Name, Rank, No. of police officer  

Address

The warrant authorises any police officer with the aid of any assistants considered necessary to break and enter the premises described above and to—

osearch the premises described above for the tainted property or the forfeited property described above;

osearch any person found in or on the premises described above suspected on reasonable grounds of having on his or her person the tainted or forfeited property described above—

and to seize the property.

The power to seize property which includes a digital asset or to seize the means of accessing or gaining control of a digital asset includes the power to access or interfere with a computer or data storage device storing the asset or data related to the asset, to alter or transfer the asset or data related to the asset, and to change, transfer or perform any other transaction in relation to the asset or data related to the asset that may be required to gain exclusive control of the asset.

The power to seize property includes the power to remove the property, to guard the property in or on the premises, to make copies of the whole or part of the property and to issue an embargo notice under section 93 of the Confiscation Act 1997 in respect of the property.

A police officer executing the warrant may also seize other property not of the kind described in the warrant if the police officer believes on reasonable grounds that the property is of a kind that could have been included in this search warrant or will afford evidence about the commission of another Schedule 1 offence and the police officer believes on reasonable grounds that it is necessary to seize that property in order to prevent its concealment, loss or destruction or its use in committing or continuing a Schedule 1 offence.

If reasonably necessary to do so, the person authorised to search may break open any receptacle in or on the premises for the purposes of the search.

*Authority to give a direction under section 80A(2) of the Confiscation Act 1997

A police officer executing this warrant may direct—

[Name of specified person or persons]

of

[Address or addresses]

to provide any information or assistance that is reasonable or necessary to allow the police officer to—

* access data held in, or accessible from, a computer or data storage device that—

* is on the warrant premises;

* has been seized under this warrant and is at a place other than the warrant premises;

Name/number of account—

*Name(s) in which account held

*Account number

Information you are required to provide—

*where names(s) in which account held specified—

·whether an account is or has been held in the name(s) specified above, and if so, the number and current balance of that account and the account type

·in the case of an account for a loan that is secured by property, the registered proprietors of the property securing the account for the loan, the amount secured by the property and the location of the property

·in the case of an account that is associated with digital assets, the quantum or value of the digital asset(s) associated with the account specified above, and the digital asset type(s).

*where account number specified—

·the names(s) in which the account specified above is or was held, the balance of the account (if still held) and the account type

·in the case of an account for a loan that is secured by property, the registered proprietors of the property securing the account for the loan, the amount secured by the property and the location of the property

·in the case of an account that is associated with digital assets, the quantum or value of the digital asset associated with the account specified above, and the digital asset type.

Property details—

*If the information notice is issued under s.118D(3)of the Confiscation Act 1997

*You have been issued this information notice because the following property is believed to be subject to a mortgage or other security interest in your favour:

[insert details of property]

Other details that may assist you to identify the account

[insert details]

You must provide this information in writing to the following law enforcement agency—[specify]

(the law enforcement agency whose member or officer issued you with this information notice)

by [time] am/pm on [date] (being not less than 3 business days after the date on which this notice is given to you).

Expiry of information notice

This information notice ceases to have effect 3 months from the date of issue and may be reissued within that time.

*Delete if inapplicable.

Date:

Signature:

IMPORTANT

Obligations of financial institution

It is an offence for a financial institution that has been given an information notice—

(a)without reasonable excuse, to fail to comply with the information notice; or

(b)in purported compliance with the information notice, knowingly to give information that is false or misleading in a material particular.

This is a summary offence. The maximum penalty for this offence is a fine of 1200 penalty units (section 118J of the Confiscation Act 1997).

It is an offence for a financial institution that has been given an information notice to disclose the existence of the notice to any person (including the person(s) to whom the notice relates) except—

(a)a police officer, if the notice specifies Victoria Police as the law enforcement agency to which the information must be given; or

(b)if the notice specifies another authority or person as the law enforcement agency to which the information must be given, a member, officer or employee of the agency; or

(c)an officer or agent of the financial institution, for the purpose of ensuring that the notice is complied with; or

(d)a legal practitioner acting for the financial institution, for the purpose of obtaining legal advice or representation in relation to the notice.

This is a summary offence. The maximum penalty for this offence is a fine of 1200 penalty units (section 118K(1) of the Confiscation Act 1997).

Obligations of people to whom existence of information notice is disclosed

A person to whom the existence of an information notice is disclosed in accordance with the exceptions above must not disclose the existence of the notice to any person other than in the circumstances described below.

A police officer or a member, officer or employee of another authority or person specified in an information notice as the law enforcement agency to which the information is to be given may disclose the existence of the notice to another person of that kind for the purpose of the performance of his or her duties.

An officer or agent of the financial institution may disclose the existence of the notice to another officer or agent of the financial institution for the purpose of ensuring that the notice is complied with or obtaining legal advice or representation in relation to the notice.

A legal practitioner acting for the financial institution may disclose the existence of the notice for the purpose of giving legal advice or providing representation in relation to the notice.

When the police officer, member, officer or employee of another authority or person specified as the law enforcement agency, officer or agent of the financial institution or legal practitioner acting for the financial institution (as the case may be) ceases to be such a person, he or she must not make a record of, or disclose, the existence of the information notice in any circumstances.

Failure to comply with these obligations constitutes an offence. The maximum penalty for this offence is 2 years imprisonment or a fine of 240 penalty units or both (section 118K(2) of the Confiscation Act 1997).

It is not an offence to disclose the existence of an information notice if the existence of the notice has been made known in any proceedings in open court.

It is also not an offence for a person to whom the existence of an information notice has been disclosed to disclose the existence of the notice for the purposes of, or in connection with, legal proceedings or in the course of proceedings before a court.

It is not an offence for a police officer or a member, officer or employee of an authority or person specified in an information notice as the law enforcement agency to which the information is to be given to disclose the existence of the information notice for the purposes of a report to the Minister under section 139A(1) or (2) of the Confiscation Act 1997.

A reference to disclosing the existence of an information notice to a person includes a reference to disclosing information to the person from which the person could reasonably be expected to infer the existence of the notice.

Immunity from suit

No civil proceeding lies against a financial institution or an officer, employee or agent of the financial institution acting in the course of that person's duties, in relation to any action taken or information given by the institution or person in compliance with an information notice (section 118L of the Confiscation Act 1997).

FORM 21A

Regulation 26

INFORMATION NOTICE

Section 118H of the Confiscation Act 1997

To [insert name of financial institution]

of [insert address of financial institution]

This information notice is issued to you under section 118E of the Confiscation Act 1997 by—

[insert name and title]

[insert address]

being a person prescribed for the purposes of section 118C of the Confiscation Act 1997 to issue information notices.

Name/number of account—

*Name(s) in which account held

*Account number

Information you are required to provide—

*where names(s) in which account held specified—

·whether an account is or has been held in the name(s) specified above, and if so, the number and current balance of that account and the account type

·in the case of an account for a loan that is secured by property, the registered proprietors of the property securing the account for the loan, the amount secured by the property and the location of the property

·in the case of an account that is associated with digital assets, the quantum or value of the digital asset(s) associated with the account specified above, and the digital asset type(s).

*where account number specified—

·the names(s) in which the account specified above is or was held, the balance of the account (if still held) and the account type

·in the case of an account for a loan that is secured by property, the registered proprietors of the property securing the account for the loan, the amount secured by the property and the location of the property

·in the case of an account that is associated with digital assets, the quantum or value of the digital asset associated with the account specified above, and the digital asset type.

Property details—

*If the information notice is issued under s.118E(3) of the Confiscation Act 1997

*You have been issued this information notice because it is required to manage or dispose of the following property

[insert details of property]

Other details that may assist you to identify the account

[insert details]

You must provide this information in writing to the following law enforcement agency—[specify]

(the law enforcement agency whose member or officer issued you with this information notice)

by [time] am/pm on [date] (being not less than 3 business days after the date on which this notice is given to you).

*Delete if inapplicable.

Date:

Signature:

IMPORTANT

Obligations of financial institution

It is an offence for a financial institution that has been given an information notice—

(a)without reasonable excuse, to fail to comply with the information notice; or

(b)in purported compliance with the information notice, knowingly to give information that is false or misleading in a material particular.

This is a summary offence. The maximum penalty for this offence is a fine of 1200 penalty units (section 118J of the Confiscation Act 1997).

It is an offence for a financial institution that has been given an information notice to disclose the existence of the notice to any person (including the person(s) to whom the notice relates) except—

(a)a police officer, if the notice specifies Victoria Police as the law enforcement agency to which the information must be given; or

(b)if the notice specifies another authority or person as the law enforcement agency to which the information must be given, a member, officer or employee of the agency; or

(c)an officer or agent of the financial institution, for the purpose of ensuring that the notice is complied with; or

(d)a legal practitioner acting for the financial institution, for the purpose of obtaining legal advice or representation in relation to the notice.

This is a summary offence. The maximum penalty for this offence is a fine of 1200 penalty units (section 118K(1) of the Confiscation Act 1997).

Obligations of people to whom existence of information notice is disclosed

A person to whom the existence of an information notice is disclosed in accordance with the exceptions above must not disclose the existence of the notice to any person other than in the circumstances described below.

A police officer or a member, officer or employee of another authority or person specified in an information notice as the law enforcement agency to which the information is to be given may disclose the existence of the notice to another person of that kind for the purpose of the performance of his or her duties.

An officer or agent of the financial institution may disclose the existence of the notice to another officer or agent of the financial institution for the purpose of ensuring that the notice is complied with or obtaining legal advice or representation in relation to the notice.

A legal practitioner acting for the financial institution may disclose the existence of the notice for the purpose of giving legal advice or providing representation in relation to the notice.

When the police officer, member, officer or employee of another authority or person specified as the law enforcement agency, officer or agent of the financial institution or legal practitioner acting for the financial institution (as the case may be) ceases to be such a person, the person must not make a record of, or disclose, the existence of the information notice in any circumstances.

Failure to comply with these obligations constitutes an offence. The maximum penalty for this offence is 2 years imprisonment or a fine of 240 penalty units or both (section 118K(2) of the Confiscation Act 1997).

It is not an offence to disclose the existence of an information notice if the existence of the notice has been made known in any proceedings in open court.

It is also not an offence for a person to whom the existence of an information notice has been disclosed to disclose the existence of the notice for the purposes of, or in connection with, legal proceedings or in the course of proceedings before a court.

It is not an offence for a police officer or a member, officer or employee of an authority or person specified in an information notice as the law enforcement agency to which the information is to be given to disclose the existence of the information notice for the purposes of a report to the Minister under section 139A(1) or (2) of the Confiscation Act 1997.

A reference to disclosing the existence of an information notice to a person includes a reference to disclosing information to the person from which the person could reasonably be expected to infer the existence of the notice.

Immunity from suit

No civil proceeding lies against a financial institution or an officer, employee or agent of the financial institution acting in the course of that person's duties, in relation to any action taken or information given by the institution or person in compliance with an information notice (section 118L of the Confiscation Act 1997).

FORM 22

Regulation 27

DOCUMENT REQUEST

Section 120B of the Confiscation Act 1997

IMPORTANT: DO NOT IGNORE THIS DOCUMENT

As soon as you get this notice you should get legal advice to help you understand the notice and your obligations under the notice. Contact your lawyer or a community legal centre for advice.

[Information to the effect of the above advice to be printed in the English, Arabic, Cambodian, Chinese, Croatian, Greek, Italian, Macedonian, Polish, Serbian, Spanish, Turkish and Vietnamese languages.]

To: [Name and address]

This document request is given to you under—

*section 120A(1) of the Confiscation Act 1997 by the Secretary to the Department of Justice and Community Safety, Victoria, who has responsibility for this property.

[specify basis on which Secretary has responsibility for the property]

*section 120A(2) of the Confiscation Act 1997 by—

Name

Address

being a prescribed person for the purposes of that subsection.

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.

Description of property—

[insert description of property]

*This document request is given to you under section 120AB(1) of the Confiscation Act 1997 by [insert name and address], being a prescribed person for the purposes of that subsection.

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 order described below.

Description of pecuniary penalty order or order under section 12 of the Crimes (Confiscation of Profits) Act 1986 before its repeal—

[insert details]

WHAT YOU MUST DO

You are requested to produce the documents or types of documents specified below to the person who has given you this document request.

Documents requested—

[insert details]

Purposes for which the documents are sought—

[insert details]

*The documents will not be provided to any other person.

*The documents will be provided to other persons in the following circumstances [insert details]

You are required to comply with this request within 14 days after the day on which the document request is given to you.

Address for delivery of documents: [insert address]

A document that you produce to the person who has given you this document request must be returned to you within 7 days after you produce it. If the person who has given you this document request believes on reasonable grounds that it is necessary for the purposes of the Confiscation Act 1997 to retain the document for more than 7 days, that person must give you a copy of the document certified in writing to be a true copy of the document (section 120E of the Confiscation Act 1997).

*Delete if inapplicable

WARNING

It is an offence for a person who is given a document request to fail, without reasonable excuse, to comply with the request within 14 days after the day on which the request is given (section 120C(1) of the Confiscation Act 1997).

It is also an offence for a person who is given a document request to provide any document that is false or misleading in a material particular (section 120C(2) of the Confiscation Act 1997).

The maximum penalty for each of these offences is a fine of 60 penalty units.

It is an offence for a person who is given a document request to disclose the existence of the document request to any person (including the person to whom the request relates) except—

(a)to the person who made the request or a member or an officer or employee of the person who made the request; or

(b)to a person belonging to a prescribed class of persons; or

(c)if the request was made to an entity, to an officer or agent of the entity, for the purpose of ensuring that the request is complied with; or

(d)to a legal practitioner acting for the person to whom the request has been made, for the purpose of obtaining legal advice or representation in relation to the request; or

(e)to a person for the purpose of obtaining advice or assistance that may reasonably be required to comply with the request, if doing so is not reasonably likely to result in the person to whom the request relates becoming aware of the request.

This is a summary offence. The maximum penalty for this offence is a fine of 1200 penalty units (section 120CA(1) of the Confiscation Act 1997).

═════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Confiscation Regulations 2019, S.R. No. 43/2019 were made on 12 June 2019 by the Governor in Council under section 146 of the Confiscation Act 1997, No. 108/1997 and came into operation on 15 June 2019: regulation 3.

The Confiscation Regulations 2019 will sunset 10 years after the day of making on 12 June 2029 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Confiscation Regulations 2019 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Confiscation Amendment (Australian Capital Territory Unexplained Wealth Orders) Regulations 2022, S.R. No. 21/2022

Date of Making:	27.4.22
Date of Commencement:	27.4.22

Confiscation Miscellaneous Amendment Regulations 2023, S.R. No. 74/2023

Date of Making:	25.7.23
Date of Commencement:	1.8.23: reg. 3

Confiscation Amendment (Unexplained Wealth) Regulations 2025, S.R. No. 5/2025

Date of Making:	18.3.25
Date of Commencement:	20.3.25: reg. 3

Confiscation Amendment (Tasmanian Unexplained Wealth Orders) Regulations 2025, S.R. No. 90/2025

Date of Making:	23.9.25
Date of Commencement:	23.9.25

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details

[1] Reg. 4(a): S.R. No. 57/2008 as amended by S.R. Nos 20/2012, 139/2014, 187/2014 and 110/2016.

[2] Reg. 4(b): S.R. No. 20/2012.

[3] Reg. 4(c): S.R. No. 139/2014.

[4] Reg. 4(d): S.R. No. 187/2014.

[5] Reg. 4(e): S.R. No. 110/2016.