Untitled document
Confiscation (Amendment) Regulations 2004
S.R. No. 57/2004
TABLE OF PROVISIONS
Regulation Page
1. Objective
2.Authorising provision
3. Principal Regulations
4.Definitions
5.Appropriate officer
6.New regulations 7, 8, 9 and 10 substituted
7.Corresponding law
8.Interstate forfeiture order
9.Interstate pecuniary penalty order
10.Interstate restraining order
7.Law enforcement agency
8.Prescribed persons and classes of persons
9.Forms
10.Disposal of livestock or perishable property
11.Return of property seized under a warrant
12.New regulations 31A and 31B inserted
31A.Application for search and inspection warrant
31B.Application for search and seizure warrant
13.Prescribed persons
14.New regulation 33A inserted
33A.Information notice
15.Registration of interstate orders
16.Regulation 35 revoked
17.Appeals
18.New regulation 37 inserted
37.Delegation
19.Schedules 1, 1A, 1B, 1C, 1D, 1E and 1F inserted
SCHEDULE 1—Notice Requiring Declaration of Property Interests
SCHEDULE 1A—Freezing Order
SCHEDULE 1B—Notice to Accompany Copy of Freezing
Order
SCHEDULE 1C—Notice of Freezing Order
SCHEDULE 1D—Secretary's Certificate of Responsibility and Power
SCHEDULE 1E—Search Warrant
SCHEDULE 1F—Seizure Warrant
20.Schedule 2 amended
21.Schedule 2A inserted
SCHEDULE 2A—Notice of Execution of Seizure Warrant
22.Schedule 3 amended
23.Schedules 4A, 4B, 4C, 4D and 4E inserted
SCHEDULE 4A—Notice of Property Retention Declaration
SCHEDULE 4B—Search and Inspection Warrant
SCHEDULE 4C—Report on Execution of Search and
Inspection WarrantSCHEDULE 4D—Search and Seizure Warrant
SCHEDULE 4E—Report on Execution of Search and Seizure Warrant
24.Schedules 5A and 5B inserted
SCHEDULE 5A—Information Notice
SCHEDULE 5B—Document Request
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ENDNOTES
STATUTORY RULES 2004
S.R. No. 57/2004
Confiscation Act 1997
Confiscation (Amendment) Regulations 2004
The Governor in Council makes the following Regulations:
Dated: 8 June 2004
Responsible Minister:
ROB HULLS
Attorney-GeneralDIANE CASEY
Clerk of the Executive Council
1. Objective
The objective of these Regulations is to amend the Confiscation Regulations 1998 to make—
(a)consequential amendments arising from the Confiscation (Amendment) Act 2003; and
(b)other miscellaneous amendments.
2.Authorising provision
These Regulations are made under section 146 of the Confiscation Act 1997.
3. Principal Regulations
In these Regulations, the Confiscation Regulations 1998[1] are called the Principal Regulations.
4.Definitions
(1)In regulation 5(1) of the Principal Regulations—
(a)the definition of "Asset Confiscation Office" is revoked;
(b)the definition of "the Australian Capital Territory Act" is revoked;
(c)the definition of "the Commonwealth Act" is revoked;
(d)the definition of "the New South Wales Act" is revoked;
(e)the definition of "the Northern Territory Act" is revoked;
(f)the definition of "the Queensland Act" is revoked;
(g)the definition of "the South Australian Act" is revoked;
(h)the definition of "the Tasmanian Act" is revoked;
(i)the definition of "the Western Australian Act" is revoked;
(j)insert the following definition—
' "Enforcement Management" means the Enforcement Management Division of the Department of Justice;'.
(2)In regulation 5(2) of the Principal Regulations, for "this Act" substitute "these Regulations".
5.Appropriate officer
In regulation 6(2) of the Principal Regulations—
(a)after "persons" insert "and classes of persons";
(b)for paragraph (c) substitute—
"(c)the Secretary to the Department of Sustainability and Environment, being the body corporate established by Part 2 of the Conservation, Forests and Lands Act 1987;
(d)authorised officers within the meaning of the Fisheries Act 1995;
(e)the Victorian Commission for Gambling Regulation.".
6.New regulations 7, 8, 9 and 10 substituted
For regulations 7, 8, 9 and 10 of the Principal Regulations substitute—
'7.Corresponding law
For the purposes of the definition of "corresponding law" in section 3 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 1981 of the Australian Capital Territory;
(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;
(j)the Crime (Confiscation of Profits) Act 1993 of Tasmania;
(k)the Crimes (Confiscation of Profits) Act 1998 of Western Australia;
(l)the Criminal Property Confiscation Act 2000 of Western Australia.
8.Interstate forfeiture order
The following kinds of orders are declared to be within the definition of "interstate forfeiture order" in section 3 of the Act—
(a)orders under section 19 of the Proceeds of Crime Act 1987 of the Commonwealth;
(b)orders under sections 47, 48 and 49 of the Proceeds of Crime Act 2002 of the Commonwealth;
(c)orders under section 19 of the Proceeds of Crime Act 1981 of the Australian Capital Territory;
(d)orders under sections 54, 59, 60, 67 and 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 sections 94, 96, 97, 99, 100 and 101 of the Criminal Property Forfeiture Act 2002 of the Northern Territory;
(h)orders under sections 58 and 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;
(j)orders under section 16 of the Crime (Confiscation of Profits) Act 1993 of Tasmania;
(k)orders under section 10 of the Crimes (Confiscation of Profits) Act 1998 of Western Australia;
(l)orders under sections 22, 28 and 30 of the Criminal Property Confiscation Act 2000 of Western Australia.
9.Interstate pecuniary penalty order
The following kinds of orders are declared to be within the definition of "interstate pecuniary penalty order" in section 3 of the Act—
(a)orders under section 26 of the Proceeds of Crime Act 1987 of the Commonwealth;
(b)orders under sections 116 and 152 of the Proceeds of Crime Act 2002 of the Commonwealth;
(c)orders under section 25 of the Proceeds of Crime Act 1981 of the Australian Capital Territory;
(d)orders under sections 84, 85 and 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 of the Criminal Assets Recovery Act 1990 of New South Wales;
(g)orders under sections 78, 184 and 202 of the Criminal Proceeds Confiscation Act 2002 of Queensland;
(h)orders under section 9 of the Criminal Assets Confiscation Act 1996 of South Australia;
(i)orders under section 21 of the Crime (Confiscation of Profits) Act 1993 of Tasmania;
(j)orders under section 15 of the Crimes (Confiscation of Profits) Act 1998 of Western Australia;
(k)orders under sections 12, 16, 17 and 22 of the Criminal Property Confiscation Act 2000 of Western Australia.
10.Interstate restraining order
The following kinds of orders are declared to be within the definition of "interstate restraining order" in section 3 of the Act—
(a)orders under sections 43 and 44 of the Proceeds of Crime Act 1987 of the Commonwealth;
(b)orders under sections 17, 18, 19 and 20 of the Proceeds of Crime Act 2002 of the Commonwealth;
(c)orders under section 45 of the Proceeds of Crime Act 1981 of the Australian Capital Territory;
(d)orders under sections 30, 31 and 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 10 of the Criminal Assets Recovery Act 1990 of New South Wales;
(g)orders under sections 40, 43 and 44 of the Criminal Property Forfeiture Act 2002 of the Northern Territory;
(h)orders under sections 31, 37, 122, 129 and 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;
(j)orders under section 26 of the Crime (Confiscation of Profits) Act 1993 of Tasmania;
(k)orders under section 20 of the Crimes (Confiscation of Profits) Act 1998 of Western Australia;
(l)orders under sections 34 and 43 of the Criminal Property Confiscation Act 2000 of Western Australia.'.
7.Law enforcement agency
(1)In regulation 11 of the Principal Regulations—
(a)in paragraph (a), for "the Asset Confiscation Office" substitute "Enforcement Management";
(b)after paragraph (a) insert—
"(ba)the Assistant Director, Asset Confiscation Operations, Enforcement Management;";
(c)in paragraph (b), for "the Asset Confiscation Office" substitute "Asset Confiscation Operations, Enforcement Management";
(d)for paragraph (e) substitute—
"(e)the Secretary to the Department of Sustainability and Environment, being the body corporate established by Part 2 of the Conservation, Forests and Lands Act 1987;
(f)the Secretary to the Department of Primary Industries;
(g)authorised officers within the meaning of the Fisheries Act 1995;
(h)the Victorian Commission for Gambling Regulation.".
(2)At the end of regulation 11 of the Principal Regulations insert—
'(2)In relation to section 119A of the Act, in addition to the authorities and persons prescribed by sub-regulation (1), for the purposes of the definition of "law enforcement agency" in section 3 of the Act, the following persons are prescribed—
(a)the Minister;
(b)the Secretary to the Department of Justice;
(c)the Executive Director, Legal and Equity, Department of Justice.'.
8.Prescribed persons and classes of persons
(1)In regulation 12 of the Principal Regulations—
(a)omit "and classes of persons";
(b)in paragraph (a), for "the Asset Confiscation Office" substitute "Enforcement Management";
(c)for paragraph (b) substitute—
"(b)the Assistant Director, Asset Confiscation Operations, Enforcement Management.".
(2)In regulation 13 of the Principal Regulations—
(a)omit "and classes of persons";
(b)in paragraph (a), for "the Asset Confiscation Office" substitute "Enforcement Management";
(c)for paragraph (b) substitute—
"(b)the Assistant Director, Asset Confiscation Operations, Enforcement Management.".
(3)In regulation 15 of the Principal Regulations—
(a)omit "and classes of persons";
(b)in paragraph (a), for "the Asset Confiscation Office" substitute "Enforcement Management";
(c)for paragraph (b) substitute—
"(b)the Assistant Director, Asset Confiscation Operations, Enforcement Management.".
(4)In regulation 16 of the Principal Regulations—
(a)in paragraph (a), for "the Asset Confiscation Office" substitute "Enforcement Management";
(b)for paragraph (b) substitute—
"(b)the Assistant Director, Asset Confiscation Operations, Enforcement Management.".
(5)In regulation 17 of the Principal Regulations—
(a)omit "and classes of persons";
(b)in paragraph (a), for "the Asset Confiscation Office" substitute "Enforcement Management";
(c)for paragraph (b) substitute—
"(b)the Assistant Director, Asset Confiscation Operations, Enforcement Management.".
(6)In regulation 18 of the Principal Regulations—
(a)in paragraph (a), for "the Asset Confiscation Office" substitute "Enforcement Management";
(b)for paragraph (b) substitute—
"(b)the Assistant Director, Asset Confiscation Operations, Enforcement Management.".
(7)In regulation 19 of the Principal Regulations—
(a)in paragraph (a), for "the Asset Confiscation Office" substitute "Enforcement Management";
(b)for paragraph (b) substitute—
"(b)the Assistant Director, Asset Confiscation Operations, Enforcement Management.".
(8)In regulation 20 of the Principal Regulations—
(a)in paragraph (a), for "the Asset Confiscation Office" substitute "Enforcement Management";
(b)for paragraph (b) substitute—
"(b)the Assistant Director, Asset Confiscation Operations, Enforcement Management.".
(9)In regulation 21 of the Principal Regulations—
(a)in paragraph (a), for "the Asset Confiscation Office" substitute "Enforcement Management";
(b)for paragraph (b) substitute—
"(b)the Assistant Director, Asset Confiscation Operations, Enforcement Management.".
(10)In regulation 22 of the Principal Regulations—
(a)omit "and classes of persons";
(b)in paragraph (a), for "the Asset Confiscation Office" substitute "Enforcement Management";
(c)for paragraph (b) substitute—
"(b)the Assistant Director, Asset Confiscation Operations, Enforcement Management.".
(11)In regulation 23 of the Principal Regulations—
(a)omit "and classes of persons";
(b)in paragraph (a), for "the Asset Confiscation Office" substitute "Enforcement Management";
(c)for paragraph (b) substitute—
"(b)the Assistant Director, Asset Confiscation Operations, Enforcement Management.".
(12)In regulation 24 of the Principal Regulations—
(a)omit "and classes of persons";
(b)in paragraph (a), for "the Asset Confiscation Office" substitute "Enforcement Management";
(c)for paragraph (b) substitute—
"(b)the Assistant Director, Asset Confiscation Operations, Enforcement Management.".
(13)In regulation 26 of the Principal Regulations—
(a)in paragraph (a), for "the Asset Confiscation Office" substitute "Enforcement Management";
(b)for paragraph (b) substitute—
"(b)the Assistant Director, Asset Confiscation Operations, Enforcement Management.".
(14)In regulation 27 of the Principal Regulations—
(a)in paragraph (a), for "the Asset Confiscation Office" substitute "Enforcement Management";
(b)for paragraph (b) substitute—
"(b)the Assistant Director, Asset Confiscation Operations, Enforcement Management.".
9.Forms
(1)For regulation 29(1) of the Principal Regulations substitute—
"(1)The prescribed form of a notice requiring a declaration of property interests under section 19A of the Act is the form set out in Schedule 1.
(1A)The prescribed form of a freezing order under section 31F of the Act is the form set out in Schedule 1A.
(1B)The prescribed form of a notice to accompany a copy of a freezing order under section 31G(1) of the Act is the form set out in Schedule 1B.
(1C)The prescribed form of a notice of freezing order under section 31G(2) of the Act is the form set out in Schedule 1C.
(1D)The prescribed form of a Secretary's certificate of responsibility and power under section 78B of the Act is the form set out in Schedule 1D.
(1E)The prescribed form of a search warrant issued under section 79 of the Act is the form set out in Schedule 1E.
(1F)The prescribed form of a seizure warrant issued under section 79A of the Act is the form set out in Schedule 1F.".
(2)After regulation 29(2) of the Principal Regulations insert—
"(2A)The prescribed form of a notice of execution of seizure warrant under section 88A of the Act is the form set out in Schedule 2A.".
(3)After regulation 29(4) of the Principal Regulations insert—
"(4A)The prescribed form of a notice of property retention declaration under section 95D of the Act is the form set out in Schedule 4A.
(4B)The prescribed form of a search and inspection warrant issued under section 97B of the Act is the form set out in Schedule 4B.
(4C)The prescribed form of a report on execution of a search and inspection warrant under section 97I of the Act is the form set out in Schedule 4C.
(4D)The prescribed form of a search and seizure warrant issued under section 97N of the Act is the form set out in Schedule 4D.
(4E)The prescribed form of a report on execution of a search and seizure warrant under section 97U of the Act is the form set out in Schedule 4E.".
(4)In regulation 29(5) of the Principal Regulations, for "Division 2 of Part 13" substitute "section 110".
(5)After regulation 29(5) of the Principal Regulations insert—
"(6)The prescribed form of an information notice under section 118H of the Act is the form set out in Schedule 5A.
(7)The prescribed form of a document request under section 120B of the Act is the form set out in Schedule 5B.".
10.Disposal of livestock or perishable property
In regulation 30 of the Principal Regulations—
(a)in paragraph (a), for "the Asset Confiscation Office" substitute "Enforcement Management";
(b)for paragraph (b) substitute—
"(b)the Assistant Director, Asset Confiscation Operations, Enforcement Management.".
11.Return of property seized under a warrant
(1)In regulation 31(1) of the Principal Regulations—
(a)in paragraph (a), for "the Asset Confiscation Office" substitute "Enforcement Management";
(b)for paragraph (b) substitute—
"(b)the Assistant Director, Asset Confiscation Operations, Enforcement Management.".
(2)After regulation 31(1) of the Principal Regulations insert—
"(1A)For the purposes of section 97(3A) of the Act, the following persons are prescribed—
(a)the Director of Enforcement Management;
(b)the Assistant Director, Asset Confiscation Operations, Enforcement Management.".
(3)In regulation 31(2) of the Principal Regulations—
(a)omit "and classes of persons";
(b)in paragraph (a), for "the Asset Confiscation Office" substitute "Enforcement Management";
(c)for paragraph (b) substitute—
"(b)the Assistant Director, Asset Confiscation Operations, Enforcement Management.".
12.New regulations 31A and 31B inserted
After regulation 31 of the Principal Regulations insert—
"31A.Application for search and inspection warrant
For the purposes of section 97A(1) of the Act, the following persons are prescribed—
(a)the Director of Enforcement Management;
(b)the Assistant Director, Asset Confiscation Operations, Enforcement Management.
31B.Application for search and seizure warrant
For the purposes of section 97M(1) of the Act, the following persons are prescribed—
(a)the Director of Enforcement Management;
(b)the Assistant Director, Asset Confiscation Operations, Enforcement Management.".
13.Prescribed persons
(1)In regulation 32 of the Principal Regulations—
(a)omit "and classes of persons";
(b)in paragraph (a), for "the Asset Confiscation Office" substitute "Enforcement Management";
(c)for paragraph (b) substitute—
"(b)the Assistant Director, Asset Confiscation Operations, Enforcement Management.".
(2)In regulation 33 of the Principal Regulations—
(a)in paragraph (a), for "the Asset Confiscation Office" substitute "Enforcement Management";
(b)for paragraph (b) substitute—
"(b)the Assistant Director, Asset Confiscation Operations, Enforcement Management.".
14.New regulation 33A inserted
After regulation 33 of the Principal Regulations insert—
"33A.Information notice
For the purposes of section 118C(b) of the Act, the following persons are prescribed—
(a)the Director of Enforcement Management;
(b)the Assistant Director, Asset Confiscation Operations, Enforcement Management.".
15.Registration of interstate orders
In regulation 34 of the Principal Regulations—
(a)omit "and classes of persons";
(b)in paragraph (a), for "the Asset Confiscation Office" substitute "Enforcement Management";
(c)for paragraph (b) substitute—
"(b)the Assistant Director, Asset Confiscation Operations, Enforcement Management.".
16.Regulation 35 revoked
Regulation 35 of the Principal Regulations is revoked.
17.Appeals
In regulation 36 of the Principal Regulations—
(a)omit "and classes of persons";
(b)in paragraph (a), for "the Asset Confiscation Office" substitute "Enforcement Management";
(c)for paragraph (b) substitute—
"(b)the Assistant Director, Asset Confiscation Operations, Enforcement Management.".
18.New regulation 37 inserted
After regulation 36 of the Principal Regulations insert—
"37.Delegation
For the purposes of section 143A of the Act, the following persons are prescribed—
(a)the Director of Enforcement Management;
(b)the Assistant Director, Asset Confiscation Operations, Enforcement Management.".
19.Schedules 1, 1A, 1B, 1C, 1D, 1E and 1F inserted
For Schedule 1 to the Principal Regulations substitute—
"SCHEDULE 1
NOTICE REQUIRING DECLARATION OF PROPERTY INTERESTS
(Section 19A)
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.
If you believe that any other person has an interest in the property described in the restraining order, you must state the name 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.
An interest in property includes a right, power or privilege over the property.
| Address for delivery of declaration: |
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 $6000.
A statement made by you in a declaration of property interests 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) declare that— o I have an interest in property described in the restraining order which I have been given; or o I do not have an interest in property described in the restraining order which I have been given; and o I believe that the person named below has an interest in the property described in the restraining order which I have been given; or o I do not believe that any other person has an interest in the property described in the restraining order which I have been given. Name of person(s) with an interest in restrained property— (insert name(s)) Signature Signature of witness* Date * Declaration may be witnessed by any adult. |
__________________
SCHEDULE 1A
FREEZING ORDER
(Section 31F)
| Court Ref. |
A freezing order under Part 2A of the Confiscation Act 1997 was issued
| at am/pm | on / / | by | Magistrate. |
Name of financial institution with which account is held
Number or description of account to be frozen
Conditions, if any, to which order is subject
This freezing order is issued to—
| Name, Rank, No. |
| Address |
being *a member of the police force/*a member of a class of member of the police force, authorised under section 31B of the Confiscation Act 1997 for the purposes of applying for a freezing order.
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 whichever is inapplicable
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
A freezing order is a court order that a financial institution must not allow a person to make withdrawals from a specified account held with that institution.
If the application for a freezing order has been made before an affidavit is prepared or sworn, the applicant for the freezing order must, not later than the day following the making of the application, 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, a member of the police force must, not more than 72 hours after a freezing order was made, 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, a member of the police force must, not more than 72 hours after the freezing order was made, 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.
__________________
SCHEDULE 1B
NOTICE TO ACCOMPANY COPY OF FREEZING ORDER
(Section 31G(1))
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 make withdrawals from the account specified in the freezing order, except 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 72 hours unless you are otherwise advised by a member of the police force 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. This is a summary offence. The maximum penalty for this offence is a $120 000 fine (section 31K of the Confiscation Act 1997).
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 member of the police force; 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 $120 000 fine (section 31L(1) of the Confiscation Act 1997).
While a freezing order is in force, a member of the police force 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 member of the police force for the purpose of the performance of the member's duties. This obligation applies for such time as the first-mentioned member of the police force continues to be a member of the police force. When the first-mentioned member of the police force is no longer a member of the police force, he or she 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, he or she 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 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. When the first-mentioned legal practitioner is no longer a legal practitioner, he or she 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. The maximum penalty for this offence is 2 years' imprisonment or a $24 000 fine or both (section 31L(2) of the Confiscation Act 1997).
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.
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.
__________________
SCHEDULE 1C
NOTICE OF FREEZING ORDER
(Section 31G(2))
To (insert name of financial institution)
of (insert address of financial institution)
A freezing order under Part 2A of the Confiscation Act 1997 was issued
| at am/pm | on / / | by | Magistrate. |
You must not allow a person to make withdrawals from the account specified below except in the manner and circumstances specified below.
Number or description of account to be frozen
Conditions, if any, to which order is subject
The freezing order takes effect at the time that this notice is given to you. The freezing order lasts for 72 hours unless you are otherwise advised by a member of the police force 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. This is a summary offence. The maximum penalty for this offence is a $120 000 fine (section 31K of the Confiscation Act 1997).
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 member of the police force; 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 $120 000 fine (section 31L(1) of the Confiscation Act 1997).
While a freezing order is in force, a member of the police force 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 member of the police force for the purpose of the performance of the member's duties. This obligation applies for such time as the first-mentioned member of the police force continues to be a member of the police force. When the first-mentioned member of the police force is no longer a member of the police force, he or she 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, he or she 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 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. When the first-mentioned legal practitioner is no longer a legal practitioner, he or she 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. The maximum penalty for this offence is 2 years' imprisonment or a $24 000 fine or both (section 31L(2) of the Confiscation Act 1997).
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.
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.
__________________
SCHEDULE 1D
SECRETARY'S CERTIFICATE OF RESPONSIBILITY AND POWER
(Section 78B)
Pursuant to section 78B of the Confiscation Act 1997, I, (insert name), Secretary to the Department of Justice, 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
The details of the memorandum of understanding are as follows—
| Law enforcement agency |
| Date entered into |
| * Specified property or class of property to which the memorandum of understanding relevantly refers |
| * Specified person who has an interest 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 whichever is inapplicable
Signed:
Secretary to the Department of Justice
Date:
__________________
SCHEDULE 1E
SEARCH WARRANT
(Section 79)
| Court Ref. |
Purpose for which warrant is issued
| o to search for the tainted property described below o to search for the forfeited property described below |
Description of tainted or forfeited 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 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 |
Reasons for issue of warrant
| Reasonable grounds for believing that there— o is o may 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. |
| Address |
The application for the search warrant was made *in writing/*by telephone.
The search warrant was *transmitted/*not transmitted by facsimile machine.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
This warrant authorises any member of the police force, 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 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 or to issue an embargo notice under section 93 of the Confiscation Act 1997 in respect of the property.
A member of the police force executing this warrant may also seize other property not of the kind described above if the member 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 forfeiture offence and the member 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 forfeiture 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.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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 if it is executed, whichever occurs first.
The member of the police force 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, and, unless otherwise ordered by the judicial officer issuing 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.)
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
This warrant is issued under section 79 of the Confiscation Act 1997.
| Issued at | am/pm on / / at | by | *Magistrate *Judge of the County Court *Judge of the Supreme Court |
* Delete whichever is inapplicable
__________________
SCHEDULE 1F
SEIZURE WARRANT
(Section 79A)
| Court Ref . |
Purpose for which warrant is issued
| o to seize tainted property described below o to seize forfeited property described below |
Description of tainted or forfeited property
Description of public place from which tainted or forfeited property may be seized
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 |
Reasons for issue of warrant
| Reasonable grounds for believing that there— o is o may be within the next 72 hours— at the public place described above the tainted or forfeited property described above |
This warrant is issued to—
| Name, Rank, No. |
| 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 member of the police force, with the aid of any assistants considered necessary, to seize the tainted or 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 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 member of the police force 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 | am/pm on / / at | by | *Magistrate *Judge of the County Court *Judge of the Supreme Court |
* Delete whichever is inapplicable
__________________".
20.Schedule 2 amended
In Schedule 2 to the Principal Regulations—
(a)for—
"A search warrant authorised by Part 11 of the Confiscation Act 1997 was
| issued at | am/pm on / / | by | *Magistrate *Judge of the County Court *Judge of the Supreme Court |
"
substitute—
"A search warrant authorised by Part 11 of the Confiscation Act 1997 was
| issued at | am/pm on / / at | by | *Magistrate *Judge of the County Court *Judge of the Supreme Court |
";
(b)after "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." insert "Seized property may be returned in certain circumstances under section 97 of the Confiscation Act 1997. Victoria Police or Asset Confiscation Operations, Enforcement Management in the Department of Justice may be contacted for more information. (Insert contact details).".
21.Schedule 2A inserted
After Schedule 2 to the Principal Regulations insert—
"SCHEDULE 2A
NOTICE OF EXECUTION OF SEIZURE WARRANT
(Section 88A)
A seizure warrant was issued under section 79A of the Confiscation Act 1997 at—
am/pm on / /
at
by
*Magistrate
*Judge of the County Court
*Judge of the Supreme Court
* Delete whichever is inapplicable
The seizure warrant authorised any member of the police force, with the aid of any assistants considered necessary, to seize the tainted or forfeited property described below from the public place described below.
Purpose for which warrant was issued
| o to seize tainted property described below o to seize forfeited property described below |
Description of tainted or forfeited property seized
Description of public place from which tainted or forfeited property was seized
Nature of offence in reliance on which warrant was 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 |
The seizure warrant was executed at am/pm on / / by—
| Name, Rank, No. |
| Address |
Seized property may be returned in certain circumstances under section 97 of the Confiscation Act 1997. Victoria Police or Asset Confiscation Operations, Enforcement Management in the Department of Justice may be contacted for more information. (Insert contact details.)
The member of the police force who executed the seizure warrant was required to produce the warrant for inspection by any person present during the execution of the warrant, if that person had an interest in the property being seized or was in charge of the property being seized.
__________________".
22.Schedule 3 amended
In Schedule 3 to the Principal Regulations—
(a)for "search warrant" substitute "*search warrant/*seizure warrant";
(b)before—
"o This warrant was not executed because"
insert—
"A notice of execution of seizure warrant was *given/*not given in accordance with section 88A.".
(c)omit "199".
23.Schedules 4A, 4B, 4C, 4D and 4E inserted
After Schedule 4 to the Principal Regulations insert—
"SCHEDULE 4A
NOTICE OF PROPERTY RETENTION DECLARATION
(Section 95D)
You have received this notice because the Magistrates' Court has made a declaration under section 95C of the Confiscation Act 1997.
The declaration was issued at—
am/pm on / / at
by
Magistrate
The declaration was issued to—
| Name, Rank, No. |
| Address |
The declaration relates to property in which you have an interest, which has been seized by a member of the police force under—
othe Crimes Act 1958
othe Drugs, Poisons and Controlled Substances Act 1981.
The effect of the declaration is that the property described below will be held or retained by police under the Confiscation Act 1997 as if it were tainted property seized under a warrant under section 79 of that Act.
Property to which the declaration applies
| (insert description of property) |
Seized property may be returned to you in certain circumstances under section 97 of the Confiscation Act 1997.
Victoria Police or Asset Confiscation Operations, Enforcement Management in the Department of Justice may be contacted for more information at (insert contact details).
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
The member of the police force who applied for the declaration must give notice of the declaration to all persons known to have an interest in the property within 7 days after the declaration has been made (section 95D of the Confiscation Act 1997).
__________________
SCHEDULE 4B
SEARCH AND INSPECTION WARRANT
(Section 97B)
| Court Ref. |
Purpose for which warrant is issued
| o to search for and inspect the restrained property described below o to search for and inspect the property described below to which an embargo notice relates o to search for and inspect the forfeited property described below |
Description of restrained, embargoed or forfeited property which may be inspected
Premises which may be searched for restrained, embargoed or forfeited property
| Number and name of street suburb or other description of premises |
Reasons for issue of warrant
| Reasonable grounds for believing that it is necessary to inspect the property described above for the purposes of maintaining it, and that the property (other than real property)— o is o may be within the next 72 hours— in or on the premises described above. |
This warrant is issued to the following person(s)
| Name |
| Address |
being a *prescribed person/*a person who belongs to a prescribed class of persons for the purposes of section 97A of the Confiscation Act 1997.
* Delete whichever is inapplicable
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
This warrant authorises the person(s) named above, with the aid of any assistants considered reasonably necessary to achieve the purpose for which the warrant was issued, to—
oenter the premises described above
osearch for and inspect the property described above
obreak open any receptacle in or on the premises described above for the purposes of the search and inspection of the property described above, if it is reasonably necessary to do so
ophotograph or record by other means the property described above
omake an inventory of the property described above.
This warrant also authorises the sheriff or a person directed by the sheriff to break and enter the premises described above.
Nothing in this warrant authorises the seizure of property or the arrest of a person.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
This warrant ceases to have effect if it is recalled and cancelled by the magistrate who issued it. If it is not recalled and cancelled, this warrant ceases to have effect at the end of one month after its issue or when it is executed, whichever occurs first.
The person who executes this warrant must announce that he or she is authorised by the warrant to enter the premises and must give any person at the premises an opportunity to allow entry to the premises before force is used to enter.
If the occupier is present at the premises where this warrant is being executed, the person executing the warrant must identify himself or herself to the occupier and give the occupier a copy of the warrant. If the occupier is not present at the premises where this warrant is being executed, the person executing the warrant must identify himself or herself to any other person at the premises and give that person a copy of the warrant.
If the person who executes this warrant believes that no person is present at the premises or has given a copy of the warrant to a person at the premises other than the occupier, the person who executes the warrant must give the occupier a copy of the warrant as soon as practicable, but not more than 7 days after the warrant is executed.
The person who executes this warrant must, within a reasonable time after execution, give any person with an interest in the property inspected a copy of any inventory made of the property and a written notice stating that the person may request a copy of any photograph or other record made of the property.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
This warrant is issued under section 97B of the Confiscation Act 1997.
| Issued at | am/pm on / / at | by | Magistrate. |
__________________
SCHEDULE 4C
REPORT ON EXECUTION OF SEARCH AND INSPECTION WARRANT
(Section 97I)
To the registrar of the Magistrates' Court
I, (insert name and address)
being the person to whom this search and inspection warrant was issued, report the following outcome in relation to the warrant—
o The warrant was executed by (insert name and address)
at am/pm on / /
| The following property was inspected— (insert brief description of each item of property inspected) If insufficient room, attach extra page(s) Are there any pages attached? o Yes o No |
| A copy of the warrant | * was given to the occupier |
| * was given to a person at the premises other than the occupier | |
| * was not given to the occupier or any other person at the premises because— (set out reasons why copy of warrant not given) | |
| An inventory of the property inspected | * was not made |
| * was made and was given to each person with an interest in the property | |
| * was made and was not given to each person with an interest in the property because— (set out reasons why copy of inventory not given) | |
| Written notice under section 97J of the Confiscation Act 1997 | * was given to each person with an interest in the property inspected |
| * was not given to each person with an interest in the property inspected because— (set out reasons why written notice not given) |
* Delete whichever is inapplicable
o This warrant was not executed because—
(set out reasons why warrant not executed)
Date
Signature
__________________
SCHEDULE 4D
SEARCH AND SEIZURE WARRANT
(Section 97N)
| Court Ref. |
This warrant is issued for the purpose of searching for and seizing the forfeited property described below.
Description of forfeited property which may be seized
Premises which may be searched for forfeited property
| Number and name of street suburb or other description of premises |
Reasons for issue of warrant
| Reasonable grounds for believing that the property described above— o is o may be within the next 72 hours— in or on the premises described above. |
This warrant is issued to the following person(s)—
| Name |
| Address |
being a *prescribed person/*a person who belongs to a prescribed class of persons for the purposes of section 97M of the Confiscation Act 1997.
* Delete whichever is inapplicable
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
This warrant authorises the person(s) named above, with the aid of any assistants considered reasonably necessary to achieve the purpose for which the warrant was issued, to—
oenter the premises described above
obreak open any receptacle in or on the premises described above for the purposes of the search and seizure of the property described above, if it is reasonably necessary to do so
osearch for and seize the property described above.
This warrant also authorises the sheriff or a person directed by the sheriff to break and enter the premises described above.
Nothing in this warrant authorises the seizure of property not described above or the arrest of a person.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
This warrant ceases to have effect if it is recalled and cancelled by the magistrate who issued it. If it is not recalled and cancelled, this warrant ceases to have effect at the end of one month after its issue or when it is executed, whichever occurs first.
The person who executes this warrant must announce that he or she is authorised by the warrant to enter the premises and must give any person at the premises an opportunity to allow entry to the premises before force is used to enter.
If the occupier is present at the premises where this warrant is being executed, the person executing the warrant must identify himself or herself to the occupier and give the occupier a copy of the warrant. If the occupier is not present at the premises where this warrant is being executed, the person executing the warrant must identify himself or herself to any other person at the premises and give that person a copy of the warrant.
If the person who executes this warrant believes that no person is present at the premises or has given a copy of the warrant to a person at the premises other than the occupier, the person who executes the warrant must give the occupier a copy of the warrant as soon as practicable, but not more than 7 days after the warrant is executed.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
This warrant is issued under section 97N of the Confiscation Act 1997.
| Issued at | am/pm on / / at | by | Magistrate. |
__________________
SCHEDULE 4E
REPORT ON EXECUTION OF SEARCH AND SEIZURE WARRANT
(Section 97U)
To the registrar of the Magistrates' Court
I, (insert name and address)
being the person to whom this search and seizure warrant was issued, report the following outcome in relation to the warrant—
o The warrant was executed by
(insert name and address)
at am/pm on / /
| The following property was seized— (insert brief description of each item of property seized) If insufficient room, attach extra page(s) Are there any pages attached? o Yes o No |
| A copy of the warrant | * was given to the occupier |
| * was given to a person at the premises other than the occupier | |
| * was not given to the occupier or any other person at the premises because— (set out reasons why copy of warrant not given) |
* Delete whichever is inapplicable
o This warrant was not executed because—
(set out reasons why warrant not executed)
Date
Signature
__________________".
24.Schedules 5A and 5B inserted
After Schedule 5 to the Principal Regulations insert—
"SCHEDULE 5A
INFORMATION NOTICE
(Section 118H)
To (insert name of financial institution)
of (insert address of financial institution)
This information notice is issued to you under—
* section 118D of the Confiscation Act 1997 by—
| Name, Rank, No. |
| Address |
being a member of the police force of the rank of inspector or above authorised in writing by the Chief Commissioner of Police under section 118B of the Confiscation Act 1997 to issue information notices.
* section 118E of the Confiscation Act 1997 by—
| Name |
| Address |
being a person prescribed for the purposes of section 118C of the Confiscation Act 1997 to issue information notices.
Information you are required to provide
| o whether an account is held in the name(s) specified below, and if so, the number and balance of that account o the name(s) in which the account specified below is held and the balance of the account |
Name/number of account
| * Name(s) in which account held * Account number |
Other details that may assist you to identify the account
You must provide this information in writing to—
*Victoria Police/*Asset Confiscation Operations, Enforcement Management, Department of Justice, (the law enforcement agency whose member or officer issued you with this information notice)
by am/pm on / / (being not less than 3 business days after the date on which this notice is given to you).
* Delete whichever is inapplicable
Date
Signature
IMPORTANT
Obligations of financial institution
A financial institution that has been given an information notice must not—
(a)without reasonable excuse, fail to comply with the information notice; or
(b)in purported compliance with the information notice, knowingly give information that is false or misleading in a material particular.
These are summary offences. The maximum penalty for these offences is a $120 000 fine (section 118J of the Confiscation Act 1997).
Unless and until the existence of the information notice is made known in any proceedings in open court, a financial institution that has been given an information notice must not disclose the existence of the notice to any person (including the person(s) to whom the notice relates) except—
(a)a member of the police force, if the notice specifies Victoria Police as the law enforcement agency to which the information must be given; or
(b)a member, officer or employee of another authority or a person specified as the law enforcement agency, if the notice specifies that authority or person as the authority to which the information must be given; 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 $120 000 fine (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 above must not disclose the existence of the notice to any person other than in the circumstances described below.
A member of the police force or a member, officer or employee of another law enforcement agency 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 may disclose the existence of the notice for the purpose of giving legal advice or providing representation in relation to the notice.
When the member of the police force, member, officer or employee of another law enforcement agency, officer or agent of the financial institution or legal practitioner (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 $24 000 fine 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 disclose the existence of an information notice for the purposes of, or in connection with, legal proceedings or in the course of proceedings before a court.
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 his or her 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).
__________________
SCHEDULE 5B
DOCUMENT REQUEST
(Section 120B)
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)
You have received this document request because the Secretary to the Department of Justice, Victoria, believes that you have possession or control of documents relating to the maintenance and management of the property described below.
The Secretary has responsibility for this property under a memorandum of understanding entered into under section 78A of the Confiscation Act 1997.
Description of property
WHAT YOU MUST DO
You are requested to produce the documents or types of documents specified below to the Secretary.
Documents requested
The documents are sought for the maintenance or management of the property by or on behalf of the Secretary. The documents will be provided to such delegates or agents of the Secretary as required for the purposes of the maintenance or management of the property.
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: |
A document that you produce to the Secretary must be returned to you within 7 days after you produce it. If the Secretary 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, the Secretary 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).
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 these offences is a $6000 fine.
__________________".
═══════════════
ENDNOTES
[1] Reg. 3: S.R. No. 67/1998 as amended by S.R. No. 67/2002.
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