Proceeds of Crime Regulations (Amendment) 1997 No. 240
EXPLANATORY STATEMENT
STATUTORY RULES 1997 No. 240
Issued by the Authority of the Attorney-General and Minister for Justice
Proceeds of Crime Act 1987
Proceeds of Crime Regulations (Amendment)
Background
The Proceeds of Crime Regulations (the regulations) contain references to corresponding State forfeiture legislation, including references to the Crimes (Confiscation of Profits) Act 1986 (South Australia). That statute was recently repealed and replaced by the Criminal Assets Confiscation Act, 1996 (South Australia), which commenced on 7 July 1997. Consequential amendment of the regulations is therefore necessary.
The Proposed Amendments
Regulation 1 is a formal clause Providing for amendment of the regulations.
Definition of "corresponding law",
Regulation 2 deletes existing paragraph 3(e) and replaces it with a reference to the Criminal Assets Confiscation Act 1996 (South Australia).
Definition of "interstate forfeiture order"
Regulation 3 deletes existing paragraph 4(e) and replaces it with a reference to forfeiture orders under sections 8 or 9 of the Criminal Assets Confiscation Act 1996 (South Australia).
Definition of "interstate pecuniary penalty order"
Regulation 4 inserts a reference to pecuniary penalty orders, under paragraph 9(4)(b) of the Criminal Assets Confiscation Act 1996 (South Australia). (There is no, reference 'to the former South Australian statute that needs
to be deleted as the former statute did not make express provision for pecuniary penalties),.
Definition "interstate restraining order"
Regulation 5 deletes existing paragraph 6(e) of the regulations and replaces it with a reference to restraining orders under section 15 of the Criminal Assets Confiscation Act 1996 (South Australia).
The regulations commenced upon gazettal.
Overview
The Proceeds of Crime Regulations (Amendment) 1997 No. 240, issued by the authority of the Attorney-General and Minister for Justice, amends the Proceeds of Crime Regulations to align with the recent changes in South Australian law. Specifically, this amendment addresses the repeal of the Crimes (Confiscation of Profits) Act 1986 (South Australia) and its replacement by the Criminal Assets Confiscation Act 1996 (South Australia), which took effect on 7 July 1997. The amendment aims to ensure that the references within the regulations to corresponding State forfeiture legislation remain current and accurate. By updating the definitions and references within the regulations, this legislative amendment aims to maintain the integrity and effectiveness of the criminal justice system in relation to the confiscation of assets and penalties.
Scope and Application
The Proceeds of Crime Regulations (Amendment) 1997 No. 240 amends the Proceeds of Crime Regulations to reflect changes in South Australian law, specifically the repeal of the Crimes (Confiscation of Profits) Act 1986 and its replacement by the Criminal Assets Confiscation Act 1996. These amendments ensure the regulations align with the updated South Australian legislation, which commenced on 7 July 1997. The regulations apply to the definitions within the scope of the Act, including "corresponding law," "interstate forfeiture order," "interstate pecuniary penalty order," and "interstate restraining order," by updating the references to reflect the new Criminal Assets Confiscation Act 1996. These amendments are necessary to maintain the integrity and effectiveness of the forfeiture and penalty processes under the Proceeds of Crime Act 1987, ensuring they continue to operate smoothly across jurisdictional boundaries.
Key Provisions
The Proceeds of Crime Regulations (Amendment) 1997 No. 240 amends the Proceeds of Crime Regulations to reflect recent legislative changes in South Australian law. Specifically, the regulations are updated to refer to the Criminal Assets Confiscation Act 1996 (South Australia) (Sections 2-5). These amendments ensure that the regulations remain aligned with the current forfeiture laws in that state. Regulation 1 is a formal clause providing for these amendments.
The regulations impose obligations on those who must comply with the updated definitions. For example, Regulation 2 redefines "corresponding law" to include the Criminal Assets Confiscation Act 1996 (South Australia) instead of the repealed Crimes (Confiscation of Profits) Act 1986 (South Australia). Similarly, Regulation 3 updates the definition of "interstate forfeiture order" to refer to orders made under sections 8 or 9 of the Criminal Assets Confiscation Act 1996 (South Australia). Regulation 4 introduces a new definition of "interstate pecuniary penalty order" to align with the new South Australian law, while Regulation 5 redefines "interstate restraining order" to include orders made under section 15 of the Criminal Assets Confiscation Act 1996 (South Australia).
Failure to comply with these regulations could result in legal consequences. While the Explanatory Statement does not specify particular offences or penalties, breaches of regulations pertaining to proceeds of crime can lead to civil and criminal penalties under the relevant legislation. These could include fines or imprisonment, depending on the nature and severity of the breach. It is important for all relevant parties to familiarise themselves with these updated regulations to avoid any legal repercussions.