Crimes (Confiscation of Profits) (Amendment) Regulations 1997 (Vic)

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Crimes (Confiscation of Profits) (Amendment)

Regulations 1997

S.R. No. 132/1997

TABLE OF PROVISIONS

Regulation Page
1. Objective 1
2. Authorising provision 1
3. Changes to definitions 1
4. Additional corresponding laws 2
5. Additional interstate forfeiture orders 2
6. Additional interstate pecuniary penalty orders 2
7. Additional interstate restraining orders 3

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NOTES 4

i

STATUTORY RULES 1997

S.R. No. 132/1997

Crimes (Confiscation of Profits) Act 1986

Crimes (Confiscation of Profits) (Amendment)

Regulations 1997

The Governor in Council makes the following Regulations:
Dated: 25 November 1997

Responsible Minister:

JAN WADE

Attorney-General

SHARNE BRYAN

Clerk of the Executive Council

1. Objective

The objective of these Regulations is to declare additional corresponding laws, interstate forfeiture orders, interstate pecuniary penalty orders and interstate restraining orders for the purposes of the Crimes (Confiscation of Profits) Act 1986.

2. Authorising provision

These Regulations are made under section 53 of the Crimes (Confiscation of Profits) Act 1986.

3. Changes to definitions

In regulation 5 of the Crimes (Confiscation of

Profits) Regulations 19871—

(a)

for the definition of "the South Australian Act" substitute—

Crimes (Confiscation of Profits) (Amendment) Regulations 1997

r. 4 S.R. No. 132/1997

' "the South Australian Act" means the

Criminal Assets Confiscation Act 1996

of South Australia;';

(b)

after the definition of "the Queensland Act" ' "the Australian Capital Territory Act"

means the Proceeds of Crime Act 1991
of the Australian Capital Territory;

"the Tasmanian Act" means the Crimes (Confiscation of Profits) Act 1993 of Tasmania.'.

4. Additional corresponding laws

After regulation 6(e) of the Crimes (Confiscation
of Profits) Regulations 1987 insert—
"(f) the Australian Capital Territory Act;

(g) the Tasmanian Act.".

5. Additional interstate forfeiture orders

In regulation 7 of the Crimes (Confiscation of

Profits) Regulations 1987—

(a)

in paragraph (b), for "section 5(1)" substitute "sections 8 and 9";

(b)

after paragraph (e) insert— "(f) orders under section 19 of the

Australian Capital Territory Act;

(g)

orders under section 16 of the Tasmanian Act.".

6. Additional interstate pecuniary penalty orders

After regulation 8(d) of the Crimes (Confiscation of Profits) Regulations 1987 insert—

Crimes (Confiscation of Profits) (Amendment) Regulations 1997

S.R. No. 132/1997 r. 7

"(e) orders under section 25 of the Australian

Capital Territory Act;

(f)

orders under section 21 of the Tasmanian Act.".

7. Additional interstate restraining orders

In regulation 9 of the Crimes (Confiscation of

Profits) Regulations 1987—

(a)

in paragraph (b), for "section 6(1)" substitute "section 15";

(b)

after paragraph (e) insert— "(f) orders under section 45 of the

Australian Capital Territory Act;

(g)

orders under section 26 of the Tasmanian Act.".

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Crimes (Confiscation of Profits) (Amendment) Regulations 1997

Notes S.R. No. 132/1997

NOTES

1 S.R. No. 181/1987 as amended by S.R. No. 211/1989. Operation extended

by S.R. No. 61/1997 until 13 July 1998.

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