Proceeds of Crime Regulations (Amendment) 1994 No. 17
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 17
Issued by the authority of the Minister for Justice
Proceeds of Crime Act 1987
Proceeds of Crime Regulations (Amendment)
Section 104 of the Proceeds of Crime Act 1987 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.
The Proceeds of Crime Regulations (Amendment) recognise the newly enacted Crime (Confiscation of Profits) Act 1993 of Tasmania and delete references to the repealed Crimes (Confiscation of Profits) Act 1985 of New South Wales. The regulations also prescribe the Trade Practices Commission as a law enforcement agency, so that it may participate in the distribution of funds from the Confiscated Assets Trust Fund.
Regulation 3 omits the Crimes (Confiscation of Profits) Act 1985 of New South Wales from the list of state Acts in regulation 3 which are declared to be laws which correspond to the Proceeds of Crime Act 1987, and adds the Crime (Confiscation of Profits) Act 1993 of Tasmania to this list.
Regulation 4 omits section 5(1) of the Crimes (Confiscation of Profits) Act 1985 of New South Wales from the list of orders in regulation 4 which are declared to be interstate forfeiture orders and adds section 16 of the Crime (Confiscation of Profits) Act 1993 of Tasmania to this list.
Regulation 5 omits section 10(1) of the Crimes (Confiscation of Profits) Act 1985 of New South Wales from the list of orders in regulation 5 which are declared to be interstate pecuniary penalty orders and adds section 21 of the Crime (Confiscation of Profits) Act 1993 of Tasmania to this list.
Regulation 6 omits section 12(2) of the Crimes (Confiscation of Profits) Act 1985 of New South Wales from the list of orders in regulation 6 which are declared to be interstate restraining orders and adds section 26 of the Crime (Confiscation of Profits) Act 1993 of Tasmania to this list.
Regulation 16 adds the Trade Practices Commission to the list of prescribed law enforcement agencies in regulation 16. This allows the Trade Practices Commission to participate in the distribution of funds from the Confiscated Asset Trust Fund.
The regulations commenced on gazettal.
Overview
The Proceeds of Crime Regulations (Amendment) 1994 No. 17EXPLANATORY STATEMENTSTATUTORY RULES 1994 No. 17, issued by the authority of the Minister for Justice, amends the Proceeds of Crime Regulations to address the changes and developments in state legislation and the recognition of new law enforcement agencies. Enacted under Section 104 of the Proceeds of Crime Act 1987, the purpose of these regulations is to update and align the existing regulations with the newly enacted Crime (Confiscation of Profits) Act 1993 of Tasmania and to remove outdated references to the repealed Crimes (Confiscation of Profits) Act 1985 of New South Wales. Additionally, the regulations extend recognition to the Trade Practices Commission as a law enforcement agency, thereby enabling its participation in the distribution of funds from the Confiscated Assets Trust Fund. This amendment ensures the continued efficacy and relevance of the regulatory framework in dealing with the proceeds of crime across different jurisdictions and law enforcement bodies.
Scope and Application
The Proceeds of Crime Regulations (Amendment) 1994 No. 17 applies to the implementation and administration of the Proceeds of Crime Act 1987 at the Commonwealth level. These regulations specifically update the references to state-level confiscation of profits laws, ensuring consistency and alignment with newer legislation. The regulations address the repeal of the Crimes (Confiscation of Profits) Act 1985 of New South Wales and the introduction of the Crime (Confiscation of Profits) Act 1993 of Tasmania, ensuring that the list of corresponding state acts is current and comprehensive. Additionally, the regulations expand the list of law enforcement agencies eligible to participate in the distribution of funds from the Confiscated Assets Trust Fund by including the Trade Practices Commission. This amendment allows for a more inclusive approach to the distribution of confiscated assets, thereby enhancing the effectiveness of the Proceeds of Crime Act 1987. The changes made by these regulations commenced upon gazettal, meaning they took immediate effect from the date of their publication in the Commonwealth Register of Legislative Instruments.
Key Provisions
The Proceeds of Crime Regulations (Amendment) 1994 No. 17 (the Amendment) updates the Proceeds of Crime Regulations (the Regulations) to reflect legislative changes in state laws and to expand the scope of agencies that can participate in the distribution of funds from the Confiscated Assets Trust Fund. Regulation 3 removes the Crimes (Confiscation of Profits) Act 1985 (NSW) from the list of state Acts corresponding to the Proceeds of Crime Act 1987 (Cth) and adds the Crime (Confiscation of Profits) Act 1993 (Tas). This ensures the Regulations align with current Tasmanian law and no longer reference repealed New South Wales legislation. Regulation 4 updates the list of interstate forfeiture orders to include section 16 of the Crime (Confiscation of Profits) Act 1993 (Tas) and remove section 5(1) of the Crimes (Confiscation of Profits) Act 1985 (NSW). Similarly, regulation 5 updates the list of interstate pecuniary penalty orders to include section 21 of the Crime (Confiscation of Profits) Act 1993 (Tas) and remove section 10(1) of the Crimes (Confiscation of Profits) Act 1985 (NSW). Regulation 6 updates the list of interstate restraining orders to include section 26 of the Crime (Confiscation of Profits) Act 1993 (Tas) and remove section 12(2) of the Crimes (Confiscation of Profits) Act 1985 (NSW). Regulation 16 adds the Trade Practices Commission to the list of prescribed law enforcement agencies, allowing it to participate in the distribution of funds from the Confiscated Assets Trust Fund.
The Amendment imposes several obligations on relevant parties. It requires law enforcement agencies to ensure that their forfeiture, pecuniary penalty, and restraining orders align with the updated list in the Regulations. The Trade Practices Commission must now comply with the Regulations to participate in the distribution of funds from the Confiscated Assets Trust Fund. The Regulations also require that references to repealed state laws be removed and updated to reflect current state legislation. Failure to comply with these obligations could result in the invalidity of orders and ineligibility for fund distribution.
Under the Proceeds of Crime Act 1987, breaches of the Regulations could result in civil or criminal consequences. While the Amendment itself does not specify penalties, breaches of the underlying Act or related state laws could lead to fines, imprisonment, or other penalties as prescribed by the relevant legislation. For example, under the Crime (Confiscation of Profits) Act 1993 (Tas), failure to comply with an order could result in a fine of up to $22,000 for individuals and $110,000 for bodies corporate. Similarly, under the Crimes (Confiscation of Profits) Act 1985 (NSW), penalties for non-compliance could include fines and imprisonment. Therefore, it is crucial for all relevant parties to ensure strict adherence to the Regulations to avoid potential legal repercussions.