Drugs, Poisons and Controlled Substances (Confiscation) Regulations 2014 (Vic)

Version No. 003

Drugs, Poisons and Controlled Substances (Confiscation) Regulations 2014

S.R. No. 50/2014

Version incorporating amendments as at

2 July 2014

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Revocation

5Form of notice under section 81A of the Drugs, Poisons and Controlled Substances Act 1981

6Form of notice under section 81D of the Drugs, Poisons and Controlled Substances Act 1981

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SCHEDULES

SCHEDULE 1—Notice that Seized Property is being Held

SCHEDULE 2—Notice that Seized Property is being Held

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ENDNOTES

1.  General Information

2.  Table of Amendments

3.  Explanatory Details

Version No. 003

Drugs, Poisons and Controlled Substances (Confiscation) Regulations 2014

S.R. No. 50/2014

Version incorporating amendments as at

2 July 2014

1Objective

The objective of these Regulations is to prescribe forms for the purposes of sections 81A and 81D of the Drugs, Poisons and Controlled Substances Act 1981.

2Authorising provision

These Regulations are made under section 132 of the Drugs, Poisons and Controlled Substances Act 1981.

3Commencement

(1)These Regulations, except regulation 7, come into operation on 7 June 2014.

(2)Regulation 7 comes into operation on the day that section 278 of the Victoria Police Act 2013 comes into operation.

4Revocation

The Drugs, Poisons and Controlled Substances (Confiscation) Regulations 2004[1] are revoked.

5Form of notice under section 81A of the Drugs, Poisons and Controlled Substances Act 1981

For the purposes of section 81A(2)(b) of the Drugs, Poisons and Controlled Substances Act 1981, the prescribed form of notice that seized property is being held as if it had been seized under a warrant issued under section 79 of the Confiscation Act 1997 is the form set out in Schedule 1.

6Form of notice under section 81D of the Drugs, Poisons and Controlled Substances Act 1981

For the purposes of section 81D(2)(b) of the Drugs, Poisons and Controlled Substances Act 1981, the prescribed form of notice that seized property is being held as if it had been seized under a warrant issued under section 79 of the Confiscation Act 1997 is the form set out in Schedule 2.

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SCHEDULES

SCHEDULE 1

Regulation 5

NOTICE THAT SEIZED PROPERTY IS BEING HELD

(Section 81A)

You have received this notice because a magistrate has made a direction affecting property in which you have an interest.

A warrant under section 81 of the Drugs, Poisons and Controlled Substances Act 1981 was issued

at [insert time] on [insert date] by Magistrate

The warrant was issued to—

Name, Rank, No.

Address

The warrant authorised the seizure of property in connection with a criminal investigation. When the warrant was issued, the magistrate directed under section 81(1A) of the Drugs, Poisons and Controlled Substances Act 1981 that the police officer who applied for the warrant hold or retain specified property seized under the warrant after it was no longer required for evidentiary purposes under that Act.  The magistrate made this direction on the basis that the specified property was also tainted property under the Confiscation Act 1997.

The warrant was executed at (insert address or description of land or premises).

When the warrant was executed, police seized property in which you have an interest.  This property is described below.

This property is no longer required for evidentiary purposes under the Drugs, Poisons and Controlled Substances Act 1981.  In accordance with the direction of the magistrate, the property will be held by the police and dealt with under the Confiscation Act 1997, as if it had been seized under a warrant under section 79 of that Act.

Property which will be held

[insert description of property]

Property seized under a warrant under section 79 of the Confiscation Act 1997 may be returned to you in certain circumstances under section 97 of that Act.

Victoria Police or Asset Confiscation Operations, Infringement Management and Enforcement Services in the Department of Justice may be contacted for more information at [insert contact details].

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SCHEDULE 2

Regulation 6

NOTICE THAT SEIZED PROPERTY IS BEING HELD

(Section 81D)

You have received this notice because the Magistrates' Court has made a direction affecting property in which you have an interest.

A warrant under section 81 of the Drugs, Poisons and Controlled Substances Act 1981 was issued

at [insert time] on [insert date] by Magistrate

The warrant was issued to—

Name, Rank, No.

Address

The warrant authorised the seizure of property in connection with a criminal investigation.  When the warrant was executed, police seized property in which you have an interest.  This property is described below.

The warrant was executed at [insert address or description of land or premises].

When the warrant was returned to the Magistrates' Court, the Court directed under section 81C of the Drugs, Poisons and Controlled Substances Act 1981 that a police officer hold or retain the property described below after it was no longer required for evidentiary purposes under that Act.  The Magistrates' Court made this direction on the basis that this property was also tainted property under the Confiscation Act 1997.

This property is no longer required for evidentiary purposes.  In accordance with the direction of the Magistrates' Court, the property will be held by the police and dealt with under the Confiscation Act 1997, as if it had been seized under a warrant under section 79 of that Act.

Property which will be held

[insert description of property]

Property seized under a warrant under section 79 of the Confiscation Act 1997 may be returned to you in certain circumstances under section 97 of that Act.

Victoria Police or Asset Confiscation Operations, Infringement Management and Enforcement Services in the Department of Justice may be contacted for more information at [insert contact details].

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ENDNOTES

1.     General Information

The Drugs, Poisons and Controlled Substances (Confiscation) Regulations 2014, S.R. No. 50/2014 were made on 3 June 2014 by the Governor in Council under section 132 of the Drugs, Poisons and Controlled Substances Act 1981, No. 9719/1981 and came into operation as follows:

Regulations 1–6 on 7 June 2014: regulation 3(1); regulation 7 on the day that section 278 of the Victoria Police Act 2013 comes into operation: regulation 3(2).

The Drugs, Poisons and Controlled Substances (Confiscation) Regulations 2014 will sunset 10 years after the day of making on 3 June 2024 (see section 5 of the Subordinate Legislation Act 1994).

2.     Table of Amendments

This Version incorporates amendments made to the Drugs, Poisons and Controlled Substances (Confiscation) Regulations 2014 by statutory rules, subordinate instruments and Acts.

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Drugs, Poisons and Controlled Substances (Confiscation) Regulations 2014, S.R. No. 50/2014

Date of Making:	3.6.14
Date of Commencement:	Reg. 7(1)(2) on 1.7.14: reg. 3(2); reg. 7(3) on 2.7.14: reg. 7(3)

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3.     Explanatory Details

[1] Reg. 4: S.R. No. 59/2004.