Untitled document

Confiscation (Further Amendment) Regulations 2004

S.R. No. 164/2004

TABLE OF PROVISIONS

Regulation  Page

1.     Objective

2.     Authorising provision

3.     Commencement

4.     Principal Regulations

5.     Appropriate officer

6.Correction of reference

7.Law enforcement agency

8.Application for restraining order

9.Penalties

10.Search warrant

11.Notice to occupier

12.Embargo notice

13.Search warrant (Part 13, Division 2)

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ENDNOTES

STATUTORY RULES 2004

S.R. No. 164/2004

Confiscation Act 1997

Confiscation (Further Amendment) Regulations 2004

The Governor in Council makes the following Regulations:

Dated: 14 December 2004

Responsible Minister:

ROB HULLS
Attorney-General

DIANE CASEY

Clerk of the Executive Council

1.  Objective

The objective of these Regulations is to amend the Confiscation Regulations 1998—

(a)to make consequential amendments arising from the Major Crime Legislation (Seizure of Assets) Act 2004; and

(b)to make other minor amendments.

2.  Authorising provision

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

3.  Commencement

These Regulations come into operation on 1 January 2005.

4.  Principal Regulations

In these Regulations, the Confiscation Regulations 1998[1] are called the Principal Regulations.

5.  Appropriate officer

(1)For regulation 6(1)(b)(i) of the Principal Regulations substitute—

"(i)section 16(1)(b);".

(2)In regulation 6(2) of the Principal Regulations, paragraphs (a) and (b) are revoked.

(3)In regulation 6(2)(e) of the Principal Regulations, after "Regulation" insert "established by the Gambling Regulation Act 2003".

6.Correction of reference

In the Principal Regulations—

(a)in regulation 7(c), for "1981" substitute "1991";

(b)in regulation 8(c), for "1981" substitute "1991";

(c)in regulation 9(c), for "1981" substitute "1991";

(d)in regulation 10(c), for "1981" substitute "1991".

7.Law enforcement agency

(1)In regulation 11(1) of the Principal Regulations, paragraphs (c) and (d) are revoked.

(2)In regulation 11(1)(h) of the Principal Regulations, after "Regulation" insert "established by the Gambling Regulation Act 2003".

8.Application for restraining order

In regulation 12 of the Principal Regulations, for "16(1)(a)" substitute "16(2)".

9.Penalties

In the Principal Regulations—

(a)in Schedule 1, for "$6000" substitute "60 penalty units";

(b)in Schedule 1B—

(i)for "a $120 000 fine" (where twice occurring) substitute "a fine of 1200 penalty units";

(ii)for "a $24 000 fine" substitute "a fine of 240 penalty units";

(c)in Schedule 1C—

(i)for "a $120 000 fine" (where twice occurring) substitute "a fine of 1200 penalty units";

(ii)for "a $24 000 fine" substitute "a fine of 240 penalty units";

(d)in Schedule 5A—

(i)for "a $120 000 fine" (where twice occurring) substitute "a fine of 1200 penalty units";

(ii)for "a $24 000 fine" substitute "a fine of 240 penalty units";

(e)in Schedule 5B, for "a $6000 fine" substitute "a fine of 60 penalty units".

10.Search warrant

In Schedule 1E to the Principal Regulations, for "forfeiture offence" (wherever occurring) substitute "Schedule 1 offence".

11.Notice to occupier

In Schedule 2 to the Principal Regulations—

(a)for "forfeiture offence" (wherever occurring) substitute "Schedule 1 offence";

(b)for "member of the police executing" substitute "member of the police force executing".

12.Embargo notice

In Schedule 4 to the Principal Regulations—

(a)for "forfeiture offence" (wherever occurring) substitute "Schedule 1 offence";

(b)for "member of the police with the aid" substitute "member of the police force with the aid".

13.Search warrant (Part 13, Division 2)

In Schedule 5 to the Principal Regulations—

(a)for—

"o forfeiture offence

o automatic forfeiture offence

o civil forfeiture offence"

substitute—

"o Schedule 1 offence

o Schedule 2 offence";

(b)for "another forfeiture offence, automatic forfeiture offence or civil forfeiture offence" substitute "another Schedule 1 offence or Schedule 2 offence";

(c)for "a forfeiture offence" substitute "a Schedule 1 offence".

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ENDNOTES

[1] Reg. 4: S.R. No. 67/1998 as amended by S.R. Nos 67/2002 and 57/2004.