Untitled document

Version No. 001

Drugs, Poisons and Controlled Substances (Confiscation) Regulations 2024

S.R. No. 34/2024

Version as at

1 June 2024

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

Schedule 1—Forms

═════════════

Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 001

Drugs, Poisons and Controlled Substances (Confiscation) Regulations 2024

S.R. No. 34/2024

Version as at

1 June 2024

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

These Regulations come into operation on 1 June 2024.

4Revocation

The Drugs, Poisons and Controlled Substances (Confiscation) Regulations 2014[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 is Form 1 of 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 is Form 2 of Schedule 1.

SCHEDULE 1—FORMS

FORM 1

Regulation 5

NOTICE THAT SEIZED PROPERTY IS BEING HELD

Drugs, Poisons and Controlled Substances Act 1981—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 [insert name].

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 the Asset Confiscation Operations business unit in the Department of Justice and Community Safety may be contacted for more information at [insert contact details].

FORM 2

Regulation 6

NOTICE THAT SEIZED PROPERTY IS BEING HELD

Drugs, Poisons and Controlled Substances Act 1981—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 [insert name].

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 the Asset Confiscation Operations business unit in the Department of Justice and Community Safety may be contacted for more information at [insert contact details].

═════════════

ENDNOTES

1   General information

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

The Drugs, Poisons and Controlled Substances (Confiscation) Regulations 2024, S.R. No. 34/2024 were made on 21 May 2024 by the Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, under section 132 of the Drugs, Poisons and Controlled Substances Act 1981, No. 9719/1981 and came into operation on 1 June 2024: regulation 3.

The Drugs, Poisons and Controlled Substances (Confiscation) Regulations 2024 will sunset 10 years after the day of making on 21 May 2034 (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

There are no amendments made to the Drugs, Poisons and Controlled Substances (Confiscation) Regulations 2024 by statutory rules, subordinate instruments and Acts.

3   Explanatory details

[1] Reg. 4: S.R. No. 50/2014 as amended by S.R. No. 50/2014.