{"id":"sr:confiscation-regulations-2019","name":"Confiscation Regulations 2019","slug":"confiscation-regulations-2019","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181618,"registerId":"vic-sr:confiscation-regulations-2019-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Objectives","content":"\t1 Objectives\n\nThe objectives of these Regulations are—\n\n(a) to prescribe matters authorised to be prescribed by the **Confiscation Act 1997**; and\n\n(b) to prescribe forms for the purposes of the **Confiscation Act 1997**.\n\n","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Authorising provision","content":"\t2 Authorising provision\n\nThese Regulations are made under section 146 of the **Confiscation Act 1997**.\n\n","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Commencement","content":"\t3 Commencement\n\nThese Regulations come into operation on 15 June 2019.\n\n","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Revocation","content":"\t4 Revocation\n\nThe following regulations are **revoked**—\n\n(a) the Confiscation Regulations 2008[[1]](#endnote-2);\n\n(b) the Confiscation Amendment Regulations 2012[[2]](#endnote-3);\n\n(c) the Confiscation Amendment Regulations 2014[[3]](#endnote-4);\n\n(d) the Confiscation Amendment (Unexplained Wealth) Regulations 2014[[4]](#endnote-5);\n\n(e) the Confiscation Amendment Regulations 2016[[5]](#endnote-6).\n\n","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"\t5 Definitions\n\n(1) In these Regulations—\n\n***Asset Confiscation Operations*** means the Asset Confiscation Operations business unit in the Department of Justice and Community Safety;\n\n***the Act*** means the **Confiscation Act 1997**.\n\n(2) A reference in these Regulations to an order under an Act of another State or of a Territory includes a reference to—\n\n(a) an order varying that order; and\n\n(b) an order setting aside that order.\n\n","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Prescribed forms","content":"Part 2—Prescribed forms\n\n","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Notice requiring declaration of property interests—restraining order","content":"\t6 Notice requiring declaration of property interests—restraining order\n\nFor the purposes of section 19A(2)(a) of the Act, Form 1 in Schedule 1 is prescribed.\n\n","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Freezing order","content":"\t7 Freezing order\n\nFor the purposes of section 31F(4) of the Act, Form 2 in Schedule 1 is prescribed.\n\n","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Notice to accompany copy of freezing order","content":"\t8 Notice to accompany copy of freezing order\n\nFor the purposes of section 31G(1)(b) of the Act, Form 3 in Schedule 1 is prescribed.\n\n","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Notice of freezing order","content":"\t9 Notice of freezing order\n\nFor the purposes of section 31G(2) of the Act, Form 4 in Schedule 1 is prescribed.\n\n","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Notice requiring declaration of property interests—civil forfeiture restraining order","content":"\t10 Notice requiring declaration of property interests—civil forfeiture restraining order\n\nFor the purposes of section 36O(2)(a) of the Act, Form 5 in Schedule 1 is prescribed.\n\n","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Notice requiring declaration of property interests—unexplained wealth restraining order","content":"\t11 Notice requiring declaration of property interests—unexplained wealth restraining order\n\nFor the purposes of section 40K(3)(a) of the Act, Form 6 in Schedule 1 is prescribed.\n\n","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Notice requiring declaration of property interests—person suspected of engaging in serious criminal activity","content":"\t12 Notice requiring declaration of property interests—person suspected of engaging in serious criminal activity\n\nFor the purposes of section 40M(2)(a) of the Act, Form 7 in Schedule 1 is prescribed.\n\n","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Secretary's certificate of responsibility and power","content":"\t13 Secretary's certificate of responsibility and power\n\nFor the purposes of section 78B(3) of the Act, Form 8 in Schedule 1 is prescribed.\n\n","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Search warrant","content":"\t14 Search warrant\n\nFor the purposes of section 79(5) of the Act, Form 9 in Schedule 1 is prescribed.\n\nReg. 15 amended by S.R. No. 74/2023 reg. 5.\n\n","sortOrder":15},{"sectionNumber":"15","sectionType":"section","heading":"Seizure warrant","content":"\t15 Seizure warrant\n\nFor the purposes of section 79A(6) of the Act—\n\nReg. 15(a) inserted by S.R. No. 74/2023 reg. 5.\n\n(a) Form 10 in Schedule 1 is prescribed for applications in respect of tainted property which is at a public place; and\n\nReg. 15(b) inserted by S.R. No. 74/2023 reg. 5.\n\n(b) Form 10A in Schedule 1 is prescribed for applications in respect of property forfeited under the Act which is at a public place.\n\n","sortOrder":16},{"sectionNumber":"16","sectionType":"section","heading":"Notice to occupier","content":"\t16 Notice to occupier\n\nAn occupier's notice under section 83 of the Act may be in Form 11 in Schedule 1.\n\n","sortOrder":17},{"sectionNumber":"17","sectionType":"section","heading":"Notice of execution of seizure warrant","content":"\t17 Notice of execution of seizure warrant\n\nFor the purposes of section 88A(2)(b) of the Act, Form 12 in Schedule 1 is prescribed.\n\n","sortOrder":18},{"sectionNumber":"18","sectionType":"section","heading":"Report on execution of warrant","content":"\t18 Report on execution of warrant\n\nA report on the execution of a warrant under section 89(1) of the Act may be Form 13 in Schedule 1.\n\n","sortOrder":19},{"sectionNumber":"19","sectionType":"section","heading":"Embargo notice","content":"\t19 Embargo notice\n\nFor the purposes of section 93(2) of the Act, Form 14 in Schedule 1 is prescribed.\n\n","sortOrder":20},{"sectionNumber":"20","sectionType":"section","heading":"Notice of property retention declaration","content":"\t20 Notice of property retention declaration\n\nFor the purposes of section 95D(2)(b) of the Act, Form 15 in Schedule 1 is prescribed.\n\n","sortOrder":21},{"sectionNumber":"21","sectionType":"section","heading":"Search and inspection warrant","content":"\t21 Search and inspection warrant\n\nFor the purposes of section 97B(6) of the Act, Form 16 in Schedule 1 is prescribed.\n\n","sortOrder":22},{"sectionNumber":"22","sectionType":"section","heading":"Report on execution of search and inspection warrant","content":"\t22 Report on execution of search and inspection warrant\n\nFor the purposes of section 97I(2)(a) of the Act, Form 17 in Schedule 1 is prescribed.\n\n","sortOrder":23},{"sectionNumber":"23","sectionType":"section","heading":"Search and seizure warrant","content":"\t23 Search and seizure warrant\n\nFor the purposes of section 97N(6) of the Act, Form 18 in Schedule 1 is prescribed.\n\n","sortOrder":24},{"sectionNumber":"24","sectionType":"section","heading":"Report on execution of search and seizure warrant","content":"\t24 Report on execution of search and seizure warrant\n\nFor the purposes of section 97U(2)(a) of the Act, Form 19 in Schedule 1 is prescribed.\n\nReg. 24A inserted by S.R. No. 74/2023 reg. 6.\n\n","sortOrder":25},{"sectionNumber":"24A","sectionType":"section","heading":"Examination notice","content":"\t24A Examination notice\n\nFor the purposes of section 98A of the Act, Form 19A in Schedule 1 is prescribed.\n\n","sortOrder":26},{"sectionNumber":"25","sectionType":"section","heading":"Search warrant for property-tracking documents","content":"\t25 Search warrant for property-tracking documents\n\nFor the purposes of section 110(5) of the Act, Form 20 in Schedule 1 is prescribed.\n\nReg. 26 amended by S.R. No. 74/2023 reg. 7.\n\n","sortOrder":27},{"sectionNumber":"26","sectionType":"section","heading":"Information notice","content":"\t26 Information notice\n\nFor the purposes of section 118H(1) of the Act—\n\nReg. 26(a) inserted by S.R. No. 74/2023 reg. 7.\n\n(a) Form 21 in Schedule 1 is prescribed for information notices issued under section 118D of the Act; and\n\nReg. 26(b) inserted by S.R. No. 74/2023 reg. 7.\n\n(b) Form 21A in Schedule 1 is prescribed for information notices issued under section 118E of the Act.\n\n","sortOrder":28},{"sectionNumber":"27","sectionType":"section","heading":"Document request","content":"\t27 Document request\n\nFor the purposes of section 120B(a) of the Act, Form 22 in Schedule 1 is prescribed.\n\n","sortOrder":29},{"sectionNumber":"Part 3","sectionType":"part","heading":"General","content":"Part 3—General\n\n","sortOrder":30},{"sectionNumber":"28","sectionType":"section","heading":"Appropriate officer","content":"\t28 Appropriate officer\n\n(1) For the purposes of paragraph (b) of the definition of ***appropriate officer*** in section 3(1) of the Act, the following applications and classes of applications are prescribed—\n\n(a) applications for the fixing of a period longer than 6 months for the purposes of the definition of ***relevant period*** in section 3(1) of the Act;\n\n(b) applications under any of the following provisions of the Act—\n\n(i) section 16(1);\n\n(ii) section 16(2)(b);\n\n(iii) section 32(1);\n\n(iv) section 40F(1);\n\n(v) section 40F(2);\n\n(vi) section 58(1);\n\n(vii) section 58(2);\n\n(viii) section 70(1);\n\n(ix) section 77(1);\n\n(x) section 97(3) or (3A) for the purposes of section 97(4)(a);\n\n(xi) section 131(3) for the purposes of section 131(4).\n\n(2) For the purposes of paragraph (b) of the definition of ***appropriate officer*** in section 3(1) of the Act, the following persons and classes of persons are prescribed—\n\nReg. 28(2)(a) amended by S.R. No. 5/2025 reg. 5(a).\n\n(a) the Secretary to the Department of Energy, Environment and Climate Action, being the body corporate established by Part 2 of the **Conservation, Forests and Lands Act 1987**;\n\nReg. 28(2)(b) amended by S.R. No. 5/2025 reg. 5(b).\n\n(b) authorised officers within the meaning of the **Victorian Fisheries Authority Act 2016**;\n\nReg. 28(2)(c) substituted by S.R. No. 5/2025 reg. 5(c).\n\n(c) the Victorian Gambling and Casino Control Commission established under Part 2 of the **Victorian Gambling and Casino Control Commission Act 2011**.\n\n","sortOrder":31},{"sectionNumber":"29","sectionType":"section","heading":"Corresponding law","content":"\t29 Corresponding law\n\nFor the purposes of the definition of ***corresponding law*** in section 3(1) of the Act, each of the following laws is declared to be a law that corresponds to the Act—\n\n(a) the Proceeds of Crime Act 1987 of the Commonwealth;\n\n(b) the Proceeds of Crime Act 2002 of the Commonwealth;\n\n(c) the Proceeds of Crime Act 1991 of the Australian Capital Territory as in force before its repeal;\n\n(d) the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory;\n\n(e) the Confiscation of Proceeds of Crime Act 1989 of New South Wales;\n\n(f) the Criminal Assets Recovery Act 1990 of New South Wales;\n\n(g) the Criminal Property Forfeiture Act 2002 of the Northern Territory;\n\n(h) the Criminal Proceeds Confiscation Act 2002 of Queensland;\n\n(i) the Criminal Assets Confiscation Act 1996 of South Australia as in force before its repeal;\n\n(j) the Criminal Assets Confiscation Act 2005 of South Australia;\n\n(k) the Serious and Organised Crime (Unexplained Wealth) Act 2009 of South Australia;\n\n(l) the Crime (Confiscation of Profits) Act 1993 of Tasmania;\n\n(m) the Crimes (Confiscation of Profits) Act 1988 of Western Australia as in force before its repeal;\n\n(n) the Criminal Property Confiscation Act 2000 of Western Australia.\n\n","sortOrder":32},{"sectionNumber":"30","sectionType":"section","heading":"Interstate forfeiture order","content":"\t30 Interstate forfeiture order\n\nThe following kinds of orders are declared to be within the definition of ***interstate forfeiture order*** in section 3(1) of the Act—\n\n(a) orders under section 19 of the Proceeds of Crime Act 1987 of the Commonwealth;\n\n(b) orders under section 47, 48 or 49 of the Proceeds of Crime Act 2002 of the Commonwealth;\n\n(c) orders under section 19 of the Proceeds of Crime Act 1991 of the Australian Capital Territory as in force before its repeal;\n\n(d) orders under section 54, 59, 60, 67 or 250 of the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory;\n\n(e) orders under section 18 of the Confiscation of Proceeds of Crime Act 1989 of New South Wales;\n\n(f) orders under section 22 of the Criminal Assets Recovery Act 1990 of New South Wales;\n\n(g) orders under section 94, 96, 97, 99, 100 or 101 of the Criminal Property Forfeiture Act 2002 of the Northern Territory;\n\n(h) orders under section 58, 93ZZB or 151 of the Criminal Proceeds Confiscation Act 2002 of Queensland;\n\n(i) orders under section 8 of the Criminal Assets Confiscation Act 1996 of South Australia as in force before its repeal;\n\n(j) orders under section 47 of the Criminal Assets Confiscation Act 2005 of South Australia;\n\nReg. 30(k) amended by S.R. No. 90/2025 reg. 3.\n\n(k) orders under section 16 or 152 of the Crime (Confiscation of Profits) Act 1993 of Tasmania;\n\n(l) orders under section 10 of the Crimes (Confiscation of Profits) Act 1988 of Western Australia as in force before its repeal;\n\n(m) orders under section 22, 28 or 30 of the Criminal Property Confiscation Act 2000 of Western Australia.\n\n","sortOrder":33},{"sectionNumber":"31","sectionType":"section","heading":"Interstate pecuniary penalty order","content":"\t31 Interstate pecuniary penalty order\n\nThe following kinds of orders are declared to be within the definition of ***interstate pecuniary penalty order*** in section 3(1) of the Act—\n\n(a) orders under section 26 of the Proceeds of Crime Act 1987 of the Commonwealth;\n\n(b) orders under section 116, 152 or 179E of the Proceeds of Crime Act 2002 of the Commonwealth;\n\n(c) orders under section 25 of the Proceeds of Crime Act 1991 of the Australian Capital Territory as in force before its repeal;\n\nReg. 31(d) amended by S.R. No. 21/2022 reg. 3.\n\n(d) orders under section 84, 85, 98D or 250 of the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory;\n\n(e) orders under section 24 of the Confiscation of Proceeds of Crime Act 1989 of New South Wales;\n\n(f) orders under section 27 or 28A of the Criminal Assets Recovery Act 1990 of New South Wales;\n\n(g) orders under section 71, 75 or 76 of the Criminal Property Forfeiture Act 2002 of the Northern Territory;\n\n(h) orders under section 78, 89G, 184 or 202 of the Criminal Proceeds Confiscation Act 2002 of Queensland;\n\n(i) orders under section 9 of the Criminal Assets Confiscation Act 1996 of South Australia as in force before its repeal;\n\n(j) orders under section 95 of the Criminal Assets Confiscation Act 2005 of South Australia;\n\n(k) orders under section 9 of the Serious and Organised Crime (Unexplained Wealth) Act 2009 of South Australia;\n\n(l) orders under section 21 of the Crime (Confiscation of Profits) Act 1993 of Tasmania;\n\n(m) orders under section 15 of the Crimes (Confiscation of Profits) Act 1988 of Western Australia as in force before its repeal;\n\n(n) orders under section 12, 16, 17 or 22 of the Criminal Property Confiscation Act 2000 of Western Australia.\n\n","sortOrder":34},{"sectionNumber":"32","sectionType":"section","heading":"Interstate restraining order","content":"\t32 Interstate restraining order\n\nThe following kinds of orders are declared to be within the definition of ***interstate restraining order*** in section 3(1) of the Act—\n\n(a) orders under section 43 or 44 of the Proceeds of Crime Act 1987 of the Commonwealth;\n\n(b) orders under section 17, 18, 19, 20 or 20A of the Proceeds of Crime Act 2002 of the Commonwealth;\n\n(c) orders under section 45 of the Proceeds of Crime Act 1991 of the Australian Capital Territory as in force before its repeal;\n\nReg. 32(d) amended by S.R. No. 21/2022 reg. 4.\n\n(d) orders under section 30, 31, 32A or 39 of the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory;\n\n(e) orders under section 43 of the Confiscation of Proceeds of Crime Act 1989 of New South Wales;\n\n(f) orders under section 10A of the Criminal Assets Recovery Act 1990 of New South Wales;\n\n(g) orders under section 40, 43 or 44 of the Criminal Property Forfeiture Act 2002 of the Northern Territory;\n\n(h) orders under section 31, 37, 93M, 122, 129 or 208 of the Criminal Proceeds Confiscation Act 2002 of Queensland;\n\n(i) orders under section 15 of the Criminal Assets Confiscation Act 1996 of South Australia as in force before its repeal;\n\n(j) orders under section 24 of the Criminal Assets Confiscation Act 2005 of South Australia;\n\n(k) orders under section 20 of the Serious and Organised Crime (Unexplained Wealth) Act 2009 of South Australia;\n\nReg. 32(l) amended by S.R. No. 90/2025 reg. 4.\n\n(l) orders under section 26 or 118 of the Crime (Confiscation of Profits) Act 1993 of Tasmania;\n\n(m) orders under section 20 of the Crimes (Confiscation of Profits) Act 1988 of Western Australia as in force before its repeal;\n\n(n) orders under section 34 or 43 of the Criminal Property Confiscation Act 2000 of Western Australia.\n\nReg. 33 amended by S.R. No. 5/2025 reg. 6(1).\n\n","sortOrder":35},{"sectionNumber":"33","sectionType":"section","heading":"Law enforcement agency","content":"\t33 Law enforcement agency\n\nReg. 33(1) inserted by S.R. No. 74/2023 reg. 8.\n\n(1) For the purposes of paragraph (ba) of the definition of ***law enforcement agency***  in section 3(1) of the Act, employees of the Department of Justice and Community Safety employed in Asset Confiscation Operations are prescribed.\n\nReg. 33(2) amended by S.R. No. 5/2025 reg. 6(1).\n\n(2) For the purposes of paragraph (c) of the definition of ***law enforcement agency*** in section 3(1) of the Act, the following authorities and persons are prescribed—\n\nReg. 33(2)(a) amended by S.R. No. 5/2025 reg. 6(2)(a).\n\n(a) the Secretary to the Department of Energy, Environment and Climate Action, being the body corporate established by Part 2 of the **Conservation, Forests and Lands Act 1987**;\n\nReg. 33(2)(b) amended by S.R. No. 5/2025 reg. 6(2)(b).\n\n(b) authorised officers within the meaning of the **Victorian Fisheries Authority Act 2016**;\n\nReg. 33(2)(c) substituted by S.R. No. 5/2025 reg. 6(2)(c).\n\n(c) the Victorian Gambling and Casino Control Commission established under Part 2 of the **Victorian Gambling and Casino Control Commission Act 2011**.\n\n","sortOrder":36},{"sectionNumber":"34","sectionType":"section","heading":"Restraining orders","content":"\t34 Restraining orders\n\nFor the purposes of section 14(3)(b) of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.\n\n","sortOrder":37},{"sectionNumber":"35","sectionType":"section","heading":"Application for restraining order","content":"\t35 Application for restraining order\n\nFor the purposes of section 16(2)(a) and (2A) of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.\n\n","sortOrder":38},{"sectionNumber":"36","sectionType":"section","heading":"Protected property not to be included in serious drug offence restraining order","content":"\t36 Protected property not to be included in serious drug offence restraining order\n\nFor the purposes of section 24(3) of the Act, the following amounts are prescribed—\n\n(a) property used by the accused or a dependant of the accused primarily as a means of transport—$12 500;\n\n(b) any item of necessary clothing of the accused or a dependant of the accused—$5000;\n\n(c) any item of ordinary household property of the accused or a dependant of the accused—$5000;\n\n(d) any tools of trade required by the accused or a dependant of the accused in earning income—$5000.\n\n","sortOrder":39},{"sectionNumber":"37","sectionType":"section","heading":"Further orders","content":"\t37 Further orders\n\nFor the purposes of section 26(2)(da) of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.\n\nReg. 37A inserted by S.R. No. 74/2023 reg. 9.\n\n","sortOrder":40},{"sectionNumber":"37A","sectionType":"section","heading":"Registration of restraining order","content":"\t37A Registration of restraining order\n\nFor the purposes of section 28(1) of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.\n\n","sortOrder":41},{"sectionNumber":"38","sectionType":"section","heading":"Particulars of restraining order to be recorded on register","content":"\t38 Particulars of restraining order to be recorded on register\n\nThe prescribed particulars to be recorded under section 28(1) of the Act are—\n\n","sortOrder":42},{"sectionNumber":"39","sectionType":"section","heading":"Civil forfeiture restraining orders","content":"\t39 Civil forfeiture restraining orders\n\nFor the purposes of section 36H(3)(b) of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.\n\n","sortOrder":43},{"sectionNumber":"40","sectionType":"section","heading":"Application for civil forfeiture restraining order","content":"\t40 Application for civil forfeiture restraining order\n\nFor the purposes of section 36K(1) of the Act the Assistant Director, Asset Confiscation Operations is prescribed.\n\n","sortOrder":44},{"sectionNumber":"41","sectionType":"section","heading":"Further orders—civil forfeiture restraining order","content":"\t41 Further orders—civil forfeiture restraining order\n\nFor the purposes of section 36W(3)(d) of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.\n\n","sortOrder":45},{"sectionNumber":"42","sectionType":"section","heading":"Particulars of civil forfeiture restraining order to be recorded on register","content":"\t42 Particulars of civil forfeiture restraining order to be recorded on register\n\nThe prescribed particulars to be recorded under section 36Y(1) of the Act are—\n\n","sortOrder":46},{"sectionNumber":"43","sectionType":"section","heading":"Application for civil forfeiture","content":"\t43 Application for civil forfeiture\n\nFor the purposes of section 37(1) of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.\n\n","sortOrder":47},{"sectionNumber":"44","sectionType":"section","heading":"Unexplained wealth restraining orders","content":"\t44 Unexplained wealth restraining orders\n\nFor the purposes of section 40C(3)(b) of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.\n\nReg. 45 amended by S.R. No. 5/2025 reg. 7.\n\n","sortOrder":48},{"sectionNumber":"45","sectionType":"section","heading":"Further orders—unexplained wealth restraining order","content":"\t45 Further orders—unexplained wealth restraining order\n\nFor the purposes of section 40W(3)(d) and (6)(h)(ii) of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.\n\n","sortOrder":49},{"sectionNumber":"46","sectionType":"section","heading":"Particulars of unexplained wealth restraining order to be recorded on register","content":"\t46 Particulars of unexplained wealth restraining order to be recorded on register\n\nThe prescribed particulars to be recorded under section 40Y(1) of the Act are—\n\n","sortOrder":50},{"sectionNumber":"47","sectionType":"section","heading":"Effect of forfeiture","content":"\t47 Effect of forfeiture\n\nFor the purposes of sections 41(3)(c) and (4) of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.\n\n","sortOrder":51},{"sectionNumber":"48","sectionType":"section","heading":"Power to discharge mortgage or charge","content":"\t48 Power to discharge mortgage or charge\n\nFor the purposes of section 42(1)(a) of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.\n\nReg. 49 amended by S.R. No. 74/2023 reg. 10.\n\n","sortOrder":52},{"sectionNumber":"49","sectionType":"section","heading":"Disposal of forfeited property","content":"\t49 Disposal of forfeited property\n\nFor the purposes of sections 44(1), (4) and (6) of the Act, the following persons are prescribed—\n\nReg. 49(a) inserted by S.R. No. 74/2023 reg. 10.\n\nReg. 49(b) inserted by S.R. No. 74/2023 reg. 10.\n\n(b) the Chief Commissioner of Police.\n\nReg. 50 amended by S.R. No. 5/2025 reg. 8.\n\n","sortOrder":53},{"sectionNumber":"50","sectionType":"section","heading":"Relief from automatic forfeiture of property of serious drug offender","content":"\t50 Relief from automatic forfeiture of property of serious drug offender\n\nFor the purposes of section 45A(3)(c), (4)(a) and (4A) of the Act, the prescribed amount is—\n\n(a) if the forfeited residence is a house located in the Melbourne metropolitan area—the median house price for the Melbourne metropolitan area in the most recent Guide to Property Values published by the Valuer‑General of Victoria;\n\n(b) if the forfeited residence is a house in country Victoria—the median house price for country Victoria in the most recent Guide to Property Values published by the Valuer‑General of Victoria;\n\n(c) if the forfeited residence is a unit or an apartment in the Melbourne metropolitan area—the median unit or apartment price for the Melbourne metropolitan area in the most recent Guide to Property Values published by the Valuer‑General of Victoria;\n\n(d) if the forfeited residence is a unit or an apartment in country Victoria—the median unit or apartment price for country Victoria in the most recent Guide to Property Values published by the Valuer‑General of Victoria.\n\n","sortOrder":54},{"sectionNumber":"51","sectionType":"section","heading":"Application to Minister for return of property","content":"\t51 Application to Minister for return of property\n\nFor the purposes of section 55(8) of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.\n\n","sortOrder":55},{"sectionNumber":"52","sectionType":"section","heading":"Buying back interest in forfeited property","content":"\t52 Buying back interest in forfeited property\n\nFor the purposes of section 56(5) of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.\n\n","sortOrder":56},{"sectionNumber":"53","sectionType":"section","heading":"Buying out other interests in forfeited property","content":"\t53 Buying out other interests in forfeited property\n\nFor the purposes of section 57(5) of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.\n\n","sortOrder":57},{"sectionNumber":"54","sectionType":"section","heading":"Assessment of benefits in relation to Schedule 2 offences","content":"\t54 Assessment of benefits in relation to Schedule 2 offences\n\nFor the purposes of section 68(1) of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.\n\n","sortOrder":58},{"sectionNumber":"55","sectionType":"section","heading":"Declaration that property available to satisfy pecuniary penalty order","content":"\t55 Declaration that property available to satisfy pecuniary penalty order\n\nFor the purposes of section 70(1) of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.\n\nReg. 55A inserted by S.R. No. 74/2023 reg. 11.\n\n","sortOrder":59},{"sectionNumber":"55A","sectionType":"section","heading":"Registration of charges and declarations","content":"\t55A Registration of charges and declarations\n\nFor the purposes of section 72(5) and (7) of the Act, the Assistant Director, Asset Confiscation Operations in the Department of Justice and Community Safety is prescribed.\n\n","sortOrder":60},{"sectionNumber":"56","sectionType":"section","heading":"Particulars of declaration under section 70(1) to be recorded on register","content":"\t56 Particulars of declaration under section 70(1) to be recorded on register\n\nThe prescribed particulars to be recorded under section 72(7) of the Act are—\n\n(a) a description of the affected property that is sufficient to identify it;\n\n(b) whether the declaration is in respect of the whole or a specified part of the property;\n\n(c) the name of the registered owner of the property;\n\n(d) the date on which the declaration was made;\n\n(e) the name of the court by which the declaration was made;\n\n(f) the name of the accused;\n\n(g) the name of any other person to whom notice of the application for the declaration was given under section 70(3) of the Act.\n\n","sortOrder":61},{"sectionNumber":"57","sectionType":"section","heading":"Disposal of property obtained to satisfy pecuniary penalty order","content":"\t57 Disposal of property obtained to satisfy pecuniary penalty order\n\nFor the purposes of section 73(1), (4) and (6) of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.\n\nReg. 57A inserted by S.R. No. 74/2023 reg. 12.\n\n","sortOrder":62},{"sectionNumber":"57A","sectionType":"section","heading":"Notice of intention to sell charged land","content":"\t57A Notice of intention to sell charged land\n\nFor the purpose of section 73A(2)(a) of the Act, the following particulars are prescribed—\n\n(a) in the case of a natural person who has an interest in the land, the name and address and, if known, the date of birth of the person;\n\n(b) in the case of a body corporate who has an interest in the land, the name and registered address and, if known, the ABN, ACN or ARBN of the body corporate;\n\n(c) a statement which includes the following—\n\n(i) the address of the land to be sold;\n\n(ii) details of land ownership and title details;\n\n(iii) the nature of the interest of the person;\n\n(d) the date on which the charge on land was registered under section 72(5) of the Act;\n\n(e) details of the pecuniary penalty order, restraining order or declaration under section 70(1) of the Act as the case may be;\n\n(f) the effect of section 73B of the Act.\n\n","sortOrder":63},{"sectionNumber":"58","sectionType":"section","heading":"Trustees","content":"\t58 Trustees\n\nFor the purposes of section 76(1) and (7) of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.\n\n","sortOrder":64},{"sectionNumber":"59","sectionType":"section","heading":"Disposal order","content":"\t59 Disposal order\n\nFor the purposes of section 77(1) of the Act, the following property is prescribed—\n\n(a) a dangerous article within the meaning of the **Control of Weapons Act 1990**;\n\n(b) a controlled weapon within the meaning of the **Control of Weapons Act 1990**;\n\n(c) a prohibited weapon within the meaning of the **Control of Weapons Act 1990**;\n\n(d) any article of clothing or of disguise;\n\n(e) any document.\n\nReg. 59A inserted by S.R. No. 74/2023 reg. 13.\n\n","sortOrder":65},{"sectionNumber":"59A","sectionType":"section","heading":"Seizure warrants—public places","content":"\t59A Seizure warrants—public places\n\nFor the purposes of section 79A(1)(b) of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.\n\n","sortOrder":66},{"sectionNumber":"60","sectionType":"section","heading":"Disposal of livestock or perishable property","content":"\t60 Disposal of livestock or perishable property\n\nFor the purposes of section 96 of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.\n\n","sortOrder":67},{"sectionNumber":"61","sectionType":"section","heading":"Return of property seized under a warrant","content":"\t61 Return of property seized under a warrant\n\n(1) For the purposes of section 97(1) and (2) of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.\n\n(2) For the purposes of section 97(3A) of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.\n\n(3) For the purposes of section 97(4)(a) of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.\n\n","sortOrder":68},{"sectionNumber":"62","sectionType":"section","heading":"Application for search and inspection warrant","content":"\t62 Application for search and inspection warrant\n\nFor the purposes of section 97A(1) of the Act, the following persons are prescribed—\n\n","sortOrder":69},{"sectionNumber":"63","sectionType":"section","heading":"Application for search and seizure warrant","content":"\t63 Application for search and seizure warrant\n\nFor the purposes of section 97M(1) of the Act, the following persons are prescribed—\n\n","sortOrder":70},{"sectionNumber":"64","sectionType":"section","heading":"Order for examination","content":"\t64 Order for examination\n\nFor the purposes of section 98(1) of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.\n\n","sortOrder":71},{"sectionNumber":"65","sectionType":"section","heading":"Monitoring order","content":"\t65 Monitoring order\n\nFor the purposes of section 118(2) of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.\n\n","sortOrder":72},{"sectionNumber":"66","sectionType":"section","heading":"Information notice","content":"\t66 Information notice\n\nFor the purposes of section 118C(b) of the Act, the following persons are prescribed—\n\nReg. 66A inserted by S.R. No. 74/2023 reg. 14.\n\n","sortOrder":73},{"sectionNumber":"66A","sectionType":"section","heading":"Requesting information held by credit reporting bodies","content":"\t66A Requesting information held by credit reporting bodies\n\nFor the purposes of paragraph (b) of the definition of ***investigative officer*** in section 118N(4) of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.\n\n","sortOrder":74},{"sectionNumber":"67","sectionType":"section","heading":"Document request relating to maintenance and management of property","content":"\t67 Document request relating to maintenance and management of property\n\nFor the purposes of section 120A(2) of the Act, the following persons are prescribed—\n\n","sortOrder":75},{"sectionNumber":"68","sectionType":"section","heading":"Document request relating to enforcement of pecuniary penalty order","content":"\t68 Document request relating to enforcement of pecuniary penalty order\n\nFor the purposes of section 120AB(1) of the Act, the following persons are prescribed—\n\nReg. 68A inserted by S.R. No. 151/2025 reg. 4.\n\n","sortOrder":76},{"sectionNumber":"68A","sectionType":"section","heading":"Document request relating to enforcement of unexplained wealth order","content":"\t68A Document request relating to enforcement of unexplained wealth order\n\nFor the purposes of section 120AC(1) of the Act, the following persons are prescribed—\n\n","sortOrder":77},{"sectionNumber":"69","sectionType":"section","heading":"Registration of interstate orders","content":"\t69 Registration of interstate orders\n\nFor the purposes of section 125(1) of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.\n\n","sortOrder":78},{"sectionNumber":"70","sectionType":"section","heading":"Reports to the Minister","content":"\t70 Reports to the Minister\n\nFor the purposes of section 139A(2) of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.\n\n","sortOrder":79},{"sectionNumber":"71","sectionType":"section","heading":"Appeals","content":"\t71 Appeals\n\nFor the purposes of section 142(5) of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.\n\n","sortOrder":80},{"sectionNumber":"72","sectionType":"section","heading":"Delegation","content":"\t72 Delegation\n\nFor the purposes of section 143A of the Act, the Assistant Director, Asset Confiscation Operations is prescribed.\n\n","sortOrder":81},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Forms","content":"Schedule 1—Forms\n\nFORM 1\n\nRegulation 6\n\nNotice Requiring Declaration of Property Interests—Restraining Order\n\nSection 19A(2)(a) of the **Confiscation Act 1997**\n\nAs 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.\n\n[*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*.]\n\nA 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.\n\nYou 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.\n\n**You must make a declaration in writing**. You may use the attached form to make your declaration.\n\n• whether or not you have an interest in the property described in the restraining order; and\n\n• whether or not you believe that any other person has an interest in the property described in the restraining order.\n\nAn interest in property is defined in section 3(1) of the **Confiscation Act 1997** as meaning a legal or equitable estate or interest in the property, ora right, power or privilege over, or in connection with, the property.\n\nIf you have an interest in the property, you must also state in the declaration the nature and extent of that interest, including—\n\n• in relation to any security interest other than a mortgage, the current value of the debt secured by the interest in the property.\n\nThe nature of an interest in land, for example, may be an interest in fee simple, a leasehold interest or a security interest such as a mortgage. The extent of an interest, for example, may be the whole of the property or some lesser specified interest, such as a half-interest as a tenant in common.\n\nIf you believe that any other person has an interest in the property described in the restraining order, you must state to the best of your knowledge the name and address of every such person in the declaration.\n\nYou must give the declaration to a member of the police force within **14 days** after you were given this notice.\n\nIf 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**.\n\nIf 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**.\n\nA statement made by you in a declaration of property interests, and any information, document or thing obtained as a consequence of the statement, 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.\n\n🞏 I have an interest as stated below in property described in the restraining order which I have been given; or\n\n🞏 I do not have an interest in property described in the restraining order which I have been given;\n\nand\n\n🞏 I believe that another person as stated below has an interest in the property described in the restraining order which I have been given; or\n\n🞏 I do not believe that any other person has an interest in the property described in the restraining order which I have been given.\n\nTo the best of my knowledge the name and address of person(s) with an interest in restrained property are—\n\nSch. 1 Form 2 substituted by S.R. No. 74/2023 reg. 15.\n\nFORM 2\n\nRegulation 7\n\nFreezing Order\n\nSection 31F(4) of the **Confiscation Act 1997**\n\nThis freezing order under Part 2A of the **Confiscation Act 1997** is made at [*insert time*] am/pm on [*insert date*] by [*insert name of Magistrate*].\n\nName of financial institution with which account is held\n\n[*insert financial institution*]\n\nNumber or description of account to be frozen\n\n[*insert account details*]\n\nConditions, if any, to which order is subject\n\n[*insert conditions to which order is subject, if any*]\n\nThis freezing order is issued to—\n\n*Name, Rank, No. of police officer [*insert name, rank, number of police officer*]/*name, title of investigative officer [*insert name, title of investigative officer*]\n\nAddress [*insert address of police or other investigative officer*]\n\nbeing an ***investigative officer*** within the meaning of section 31A of the **Confiscation Act 1997** as—\n\n*a police officer/*a member of a class of police officer authorised under section 31B of the **Confiscation Act 1997** for the purposes of applying for a freezing order.\n\nOR\n\n*a person who holds a prescribed office/*a person belonging to a prescribed class of investigative officer.\n\nThe application for the freezing order was made *in writing/*by telephone/*by facsimile.\n\nAn affidavit in support of the application for the freezing order was *provided/*not provided.\n\nThe freezing order was *transmitted/*not transmitted by facsimile machine.\n\nA freezing order is a court order that a financial institution must not allow a person to transact in relation to a specified account held with that institution, except to make deposits or in the manner and circumstances specified in the freezing order.\n\nIf the application for a freezing order has been made before an affidavit is prepared or sworn, the applicant for the freezing order, not later than the  day following the making of the application, must 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**).\n\nIf 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, an investigative officer, not more than 5 business days after a freezing order is made, must 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**.\n\nIf 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, an investigative officer, not more than 5 business days after the freezing order is made, must 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**.\n\nSch. 1 Form 3 substituted by S.R. No. 74/2023 reg. 16, amended by S.R. No. 5/2025 reg. 9.\n\nFORM 3\n\nRegulation 8\n\nNotice to Accompany Copy of Freezing Order\n\nSection 31G(1)(b) of the **Confiscation Act 1997**\n\nA copy of a freezing order should be given to you with this notice.\n\nYou must not allow a person to transact in relation to the account specified in the freezing order, except to make deposits or in the manner and circumstances specified in the freezing order.\n\nThe freezing order takes effect at the time that this notice is given to you. The freezing order lasts for 5 business days unless you are otherwise advised by a police officer or other investigative officer that the order has ceased to have effect or has been extended by court order.\n\nA financial institution that has been given notice of a freezing order must not, without reasonable excuse, fail to comply with the order under section 31K(1) of the **Confiscation Act 1997**. This is a summary offence. The maximum penalty for this offence is a fine of 1200 penalty units.\n\nWhile 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—\n\n(a) a police officer or other investigative officer; or\n\n(b) an officer or agent of the financial institution, for the purpose of ensuring that the freezing order is complied with; or\n\n(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\n\n(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.\n\nThis is a summary offence. The maximum penalty for this offence is a fine of 1200 penalty units (section 31L(1) of the **Confiscation Act 1997**).\n\nWhile a freezing order is in force, a police officer or an investigative officer 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 police officer or investigative officer for the purpose of the performance of the officer's duties. This obligation applies for such time as the first-mentioned police officer or investigative officer continues to be a police officer or an investigative officer. When the first-mentioned police officer or investigative officer is no longer a police officer or an investigative officer, that person must not make a record of, or disclose, the existence or operation of the freezing order in any circumstances.\n\nWhile 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, that person must not make a record of, or disclose, the existence or operation of the freezing order in any circumstances.\n\nWhile a freezing order is in force, a legal practitioner acting for 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 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 acting for the financial institution. When the first-mentioned legal practitioner is no longer a legal practitioner acting for the financial institution, that person must not make a record of, or disclose, the existence or operation of the freezing order in any circumstances.\n\nFailure to comply with these obligations constitutes an offence under section 31L(2) of the **Confiscation Act 1997**. The maximum penalty for this offence is 2 years imprisonment or a fine of 240 penalty units or both.\n\nHowever, 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. While a freezing order is in force, a police officer or an investigative officer must not be required to disclose to any court the existence or operation of the freezing order.\n\nA police officer may disclose the existence or operation of a freezing order for the purposes of a report to the Minister under section 139A(1) of the **Confiscation Act 1997**.\n\nA 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.\n\nSch. 1 Form 4 substituted by S.R. No. 74/2023 reg. 17, amended by S.R. No. 5/2025 reg. 10.\n\nFORM 4\n\nRegulation 9\n\nNotice of Freezing Order\n\nSection 31G(2) of the **Confiscation Act 1997**\n\nA freezing order under Part 2A of the **Confiscation Act 1997** was made at [*insert time*] am/pm on [*insert date*] by [*insert name of Magistrate*].\n\nYou must not allow a person to transact in relation to the account specified below except to make deposits or the manner and circumstances specified below.\n\nNumber or description of account to be frozen\n\n[*insert account details*]\n\nConditions, if any, to which order is subject\n\n[*insert conditions, if any*]\n\nThe freezing order takes effect at the time that this notice is given to you. The freezing order lasts for 5 business days unless you are otherwise advised by a police officer or other investigative officer that the order has ceased to have effect or has been extended by court order.\n\nA financial institution that has been given notice of a freezing order must not, without reasonable excuse, fail to comply with the order under section 31K(1) of the **Confiscation Act 1997**. This is a summary offence. The maximum penalty for this offence is a fine of 1200 penalty units.\n\nWhile 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—\n\n(a) a police officer or other investigative officer; or\n\n(b) an officer or agent of the financial institution, for the purpose of ensuring that the freezing order is complied with; or\n\n(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\n\n(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.\n\nThis is a summary offence under section 31L(1) of the **Confiscation Act 1997**. The maximum penalty for this offence is a fine of 1200 penalty units.\n\nWhile a freezing order is in force, a police officer or an investigative officer 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 police officer or investigative officer for the purpose of the performance of the officer's duties. This obligation applies for such time as the first-mentioned police officer or investigative officer continues to be a police officer or an investigative officer. When the first-mentioned police officer or investigative officer is no longer a police officer or an investigative officer, that person must not make a record of, or disclose, the existence or operation of the freezing order in any circumstances.\n\nWhile 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, that person must not make a record of, or disclose, the existence or operation of the freezing order in any circumstances.\n\nWhile a freezing order is in force, a legal practitioner acting for 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 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 acting for the financial institution. When the first-mentioned legal practitioner is no longer a legal practitioner acting for the financial institution, that person must not make a record of, or disclose, the existence or operation of the freezing order in any circumstances.\n\nFailure to comply with these obligations constitutes an offence under section 31L(2) of the **Confiscation Act 1997**. The maximum penalty for this offence is 2 years imprisonment or a fine of 240 penalty units or both.\n\nHowever, 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. While a freezing order is in force, a police officer or an investigative officer must not be required to disclose to any court the existence or operation of the freezing order.\n\nA police officer may disclose the existence or operation of a freezing order for the purposes of a report to the Minister under section 139A(1) of the **Confiscation Act 1997**.\n\nA 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.\n\nFORM 5\n\nRegulation 10\n\nNotice Requiring Declaration of Property Interests—Civil Forfeiture Restraining Order\n\nSection 36O(2)(a) of the **Confiscation Act 1997**\n\nAs 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.\n\n[*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*.]\n\nA court has made a civil forfeiture restraining order under section 36M(1) of the **Confiscation Act 1997** in respect of certain property. A copy of the civil forfeiture restraining order should be attached to this notice. The civil forfeiture restraining order describes the property that has been restrained.\n\nYou have received this notice because the person who applied for the civil forfeiture restraining order believes that you have an interest in some or all of the property described in the civil forfeiture restraining order.\n\n• whether or not you have an interest in the property described in the civil forfeiture restraining order; and\n\n• whether or not you believe that any other person has an interest in the property described in the civil forfeiture restraining order.\n\nAn interest in property is defined in section 3(1) of the **Confiscation Act 1997** as meaning a legal or equitable estate or interest in the property, or  a right, power or privilege over, or in connection with, the property.\n\nIf you have an interest in the property, you must also state in the declaration the nature and extent of that interest, including—\n\n• in relation to any security interest other than a mortgage, the current value of the debt secured by the interest in the property.\n\nThe nature of an interest in land, for example, may be an interest in fee simple, a leasehold interest or a security interest such as a mortgage. The extent of an interest, for example, may be the whole of the property or some lesser specified interest, such as a half-interest as a tenant in common.\n\nIf you believe that any other person has an interest in the property described in the civil forfeiture restraining order, you must state to the best of your knowledge the name and address of every such person in the declaration.\n\nYou must give the declaration to a police officer within 14 days after you were given this notice.\n\nIf you fail, without reasonable excuse, to make a declaration and give the declaration to a police officer within 14 days, you may be charged with a criminal offence and prosecuted under section 36R(1) of the **Confiscation Act 1997**.\n\nIf you make a false or misleading statement in your declaration, you may be charged and prosecuted under section 36R(3) of the **Confiscation Act 1997**.\n\nA statement made by you in a declaration of property interests, and any information, document or thing obtained as a consequence of such a statement, 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.\n\nof [*insert address*]\n\n🞏 I have an interest as stated below in property described in the civil forfeiture restraining order which I have been given; or\n\n🞏 I do not have an interest in property described in the civil forfeiture restraining order which I have been given;\n\nand\n\n🞏 I believe that another person as stated below has an interest in the property described in the civil forfeiture restraining order which I have been given; or\n\n🞏 I do not believe that any other person has an interest in the property described in the civil forfeiture restraining order which I have been given.\n\nSch. 1 Form 6 amended by S.R. No. 5/2025 reg. 11.\n\nFORM 6\n\nRegulation 11\n\nNotice Requiring Declaration of Property Interests—Unexplained Wealth Restraining Order\n\nSection 40K(3)(a) of the **Confiscation Act 1997**\n\nAs 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.\n\n[*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*.]\n\nA court has made an unexplained wealth restraining order in respect of certain property under the following section(s) of the **Confiscation Act 1997**:\n\n🞏 Section 40I\n\n🞏 Section 40IA\n\nA copy of the unexplained wealth restraining order(s) should be attached to this notice. The unexplained wealth restraining order(s) describe(s) the property that has been restrained. Property may be subject to more than one unexplained wealth restraining order simultaneously.\n\nYou have received this notice because the person who applied for the unexplained wealth restraining order believes that you have an interest in some or all of the property described in the unexplained wealth restraining order.\n\n• whether or not you have an interest in the property described in the unexplained wealth restraining order; and\n\n• whether or not you believe that any other person has an interest in the property described in the unexplained wealth restraining order.\n\nAn interest in property is defined in section 3(1) of the **Confiscation Act 1997** as meaning a legal or equitable estate or interest in the property, or a right, power or privilege over, or in connection with, the property.\n\nIf you have an interest in the property, you must also state in the declaration the nature and extent of that interest, including—\n\n• in relation to any security interest other than a mortgage, the current value of the debt secured by the interest in the property.\n\nThe nature of an interest in land, for example, may be an interest in fee simple, a leasehold interest or a security interest such as a mortgage. The extent of an interest, for example, may be the whole of the property or some lesser specified interest, such as a half-interest as a tenant in common.\n\nIf you believe that any other person has an interest in the property described in the unexplained wealth restraining order, you must state to the best of your knowledge the name and address of every such person in the declaration.\n\nYou must give the declaration to a police officer within 14 days after you were given this notice.\n\nIf you fail, without reasonable excuse, to make a declaration and give the declaration to a police officer within 14 days, you may be charged with a criminal offence and prosecuted under section 40O(1) of the **Confiscation Act 1997**.\n\nIf you make a false or misleading statement in your declaration, you may be charged and prosecuted under section 40O(3) of the **Confiscation Act 1997**.\n\nA statement made by you in a declaration of property interests, and any information, document or thing obtained as a consequence of such a statement, 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.\n\n🞏 I have an interest as stated below in property described in the unexplained wealth restraining order which I have been given; or\n\n🞏 I do not have an interest in property described in the unexplained wealth restraining order which I have been given;\n\nand\n\n🞏 I believe that another person as stated below has an interest in the property described in the unexplained wealth restraining order which I have been given; or\n\n🞏 I do not believe that any other person has an interest in the property described in the unexplained wealth restraining order which I have been given.\n\nFORM 7\n\nRegulation 12\n\nNotice Requiring Declaration of Property Interests—Person Suspected of Engaging in Serious Criminal activity\n\nSection 40M(2)(a) of the **Confiscation Act 1997**\n\nAs 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.\n\n[*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*.]\n\nA court has made an unexplained wealth restraining order in respect of certain property under section 40I(1) of the **Confiscation Act 1997**. A copy of the unexplained wealth restraining order should be attached to this notice. The unexplained wealth restraining order describes the property that has been restrained.\n\nYou have received this notice because the person who applied for the unexplained wealth restraining order believes that you have an interest in some or all of the property described in the unexplained wealth restraining order and because the order was made on the basis that you are suspected of having engaged in serious criminal activity.\n\n• the following information identifying your sources of income and property in which you have or have had an interest, regardless of whether or not this property is described in the unexplained wealth restraining order—\n\n(a) particulars of any sources of income you have received, including bequests;\n\n(b) any bank or building society accounts held by you, whether solely or jointly;\n\n(c) any real property in which you hold an interest;\n\n(d) any unit trusts, ledgers, shares or debentures in which you hold an interest;\n\n(e) the amount of any cash held by you, including cash held as virtual currency, and the source of the cash;\n\n(f) any motor vehicles, boats, works of art, livestock or jewellery owned by you that have an individual value of $5000 or more;\n\n(g) any safe deposit boxes held by you;\n\n(h) any charge and credit cards held by you;\n\n(i) any accounts held by you for the purposes of gambling;\n\n(j) any trusts in which you have a beneficial interest;\n\n(k) any transfers of property made by you to another person in the previous 6 years if the total value of those transfers is $50 000 or more;\n\n(l) any transfers of property to you made by another person in the previous 6 years if the total value of those transfers is $50 000 or more; and\n\n• whether or not you have an interest in the property described in the unexplained wealth restraining order; and\n\n• whether or not you believe that any other person has an interest in the property described in the unexplained wealth restraining order.\n\nAn interest in property is defined in section 3(1) of the **Confiscation Act 1997** as meaning a legal or equitable estate or interest in the property, or a right, power or privilege over, or in connection with, the property.\n\nIf you have an interest in the property described in the unexplained wealth restraining order, you must also state in the declaration the nature and extent of that interest, including—\n\n• in relation to any security interest other than a mortgage, the current value of the debt secured by the interest in the property.\n\nThe nature of an interest in land, for example, may be an interest in fee simple, a leasehold interest or a security interest such as a mortgage. The extent of an interest, for example, may be the whole of the property or some lesser specified interest, such as a half-interest as a tenant in common.\n\nIf you believe that any other person has an interest in the property described in the unexplained wealth restraining order, you must state to the best of your knowledge the name and address of every such person in the declaration.\n\nYou must give the declaration to a police officer within 28 days after you were given this notice.\n\nIf you fail, without reasonable excuse, to make a declaration and give the declaration to a police officer within 28 days, you may be charged with a criminal offence and prosecuted under section 40O(2) of the **Confiscation Act 1997**.\n\nIf you make a false or misleading statement in your declaration, you may be charged and prosecuted under section 40O(3) of the **Confiscation Act 1997**.\n\nA statement made by you in a declaration of property interests, and any information, document or thing obtained as a consequence of such a statement, 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.\n\nI receive income from the following sources, including bequests:\n\nI hold, either solely or jointly, the following bank or building society accounts:\n\nI hold an interest in the following real property:\n\nI hold an interest in the following unit trusts, ledgers, shares or debentures:\n\nI hold the following amount of cash, including virtual currency, which I received from the following sources:\n\nI hold the following motor vehicles, boats, works of art, livestock and jewellery valued at $5000 or greater:\n\nI hold the following safe deposit boxes:\n\nI hold the following charge and credit cards:\n\nI hold the following accounts for the purposes of gambling:\n\nI hold a beneficial interest in the following trusts:\n\nI have/have not (*delete as applicable)* received transfers of property from another person in the previous six years, the total value of which was $50 000 or greater. These transfers were as follows:\n\nand\n\n🞏 I have an interest as stated below in property described in the unexplained wealth restraining order which I have been given; or\n\n🞏 I do not have an interest in property described in the unexplained wealth restraining order which I have been given;\n\nand\n\n🞏 I believe that another person as stated below has an interest in the property described in the unexplained wealth restraining order which I have been given; or\n\n🞏 I do not believe that any other person has an interest in the property described in the unexplained wealth restraining order which I have been given.\n\nFORM 8\n\nRegulation 13\n\nSecretary's Certificate of Responsibility and Power\n\nSection 78B(3) of the **Confiscation Act 1997**\n\nUnder section 78B of the **Confiscation Act  1997**, I, [*insert name*], Secretary to the Department of Justice and Community Safety, 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.\n\nDescription of property\n\nThe details of the memorandum of understanding are as follows—\n\nLaw enforcement agency [*insert law enforcement agency*]\n\nDate entered into [*insert date*]\n\n*Specified property or class of property [*insert property details*]  \nto which the memorandum of  \nunderstanding relevantly refers\n\n*Specified person who has an interest [*insert person's name*]  \nin property or against whom an order  \nor declaration is made under the  \n**Confiscation Act 1997**, and to whom  \nthe memorandum of understanding  \nrelevantly refers\n\nSecretary to the Department of Justice and Community Safety\n\nSch. 1 Form 9 amended by S.R. No. 74/2023 reg. 18.\n\nFORM 9\n\nRegulation 14\n\nSearch Warrant\n\nSection 79(5) of the **Confiscation Act 1997**\n\nPurpose for which warrant is issued\n\nDescription of tainted or forfeited property\n\nPremises which may be searched for tainted or forfeited property\n\n[*insert address of premises*]\n\n🞏 person likely to be charged with offence within the next 48 hours\n\nReasonable grounds for believing that there—\n\nin or on the premises described above the tainted or forfeited property described above.\n\nThe application for this search warrant was made *in writing/*by telephone.\n\nThis search warrant was *transmitted/*not transmitted by facsimile machine.\n\nThis warrant authorises any police officer, with the aid of any assistants considered necessary, to break and enter the premises described above and to—\n\n🞏 search the premises described above for any tainted or forfeited property described above;\n\n🞏 search 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—\n\nand to seize any such property.\n\nThe power to seize property which includes a digital asset or to seize the means of accessing or gaining control of a digital asset includes the power to access or interfere with a computer or data storage device storing the asset or data related to the asset, to alter or transfer the asset or data related to the asset, and to change, transfer or perform any other transaction in relation to the asset or data related to the asset that may be required to gain exclusive control of the asset.\n\nThe 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 and to issue an embargo notice under section 93 of the **Confiscation Act 1997** in respect of the property.\n\nA police officer executing this warrant may also seize other property not of the kind described above if the officer 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 Schedule 1 offence and the police officer 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 Schedule 1 offence.\n\nIf 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.\n\n***Authority to give a direction under section 80A(2) of the Confiscation Act 1997**\n\nA police officer executing this warrant may direct—\n\n[*Name of specified person or persons*]\n\nof\n\n[*Address or addresses*]\n\nto provide any information or assistance that is reasonable or necessary to allow the police officer to—\n\n* access data held in, or accessible from, a computer or data storage device that—\n\n* copy to another data storage device data held in, or accessible from, a computer or data storage device that—\n\n* convert into documentary form or another form intelligible to a police officer—\n\n* data held in, or accessible from, a computer or data storage device that—\n\n* data held in a data storage device to which the data was copied in accordance with a direction given by authority of this warrant;\n\n* use data that—\n\n* is recorded on a thing that is—\n\n* on warrant premises;\n\n* has been seized under this warrant and is at a place other than warrant premises; and\n\n* enables access to other data held in, or accessible from, a computer or data storage device—\n\n* to access the other data.\n\nThis 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.\n\nThe police officer 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. The police officer executing 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, unless otherwise ordered by the judicial officer issuing this warrant).\n\nIssued at am/pm on [*date*] at [*place*]\n\nSch. 1 Form 10 substituted by S.R. No. 74/2023 reg. 19.\n\nFORM 10\n\nRegulation 15(a)\n\nSeizure Warrant (TAINTED PROPERTY)\n\nSection 79A(6) of the **Confiscation Act 1997**\n\nThis warrant is issued for the purpose of seizing tainted property described below\n\nDescription of tainted property\n\nDescription of public place from which tainted property may be seized\n\n[*insert address or location of premises or place*]\n\n person charged with offence\n\n person likely to be charged with offence within the next 48 hours\n\n person convicted of offence\n\n not applicable: non-conviction based forfeiture\n\nReasonable grounds for believing that the tainted property described above—\n\n is\n\n may be within the next 72 hours—\n\nat the public place described above.\n\n[*Name, Rank, No. of police officer*]\n\n[*Address*]\n\nThe application for the seizure warrant was made *in writing/*by telephone.\n\nThe seizure warrant was *transmitted/*not transmitted by facsimile machine.\n\nThis warrant authorises any police officer, with the aid of any assistants considered necessary, to seize the tainted 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.\n\nThis 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.\n\nThe police officer 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.\n\nThe 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.\n\nThis warrant is issued under section 79A of the **Confiscation Act 1997**.\n\nIssued at [*time*] am/pm on [*date*] at [*place*]\n\nSch. 1 Form 10A inserted by S.R. No. 74/2023 reg. 20.\n\nFORM 10A\n\nRegulation 15(b)\n\nSeizure Warrant (FORFEITED PROPERTY)\n\nSection 79A(6) of the **Confiscation Act 1997**\n\nThis warrant is issued for the purpose of seizing forfeited property described below\n\nDescription of forfeited property\n\nDescription of public place from which forfeited property may be seized\n\n[*insert address or location of premises or place*]\n\n person charged with offence\n\n person likely to be charged with offence within the next 48 hours\n\n person convicted of offence\n\n not applicable: non-conviction based forfeiture\n\nReasonable grounds for believing that the forfeited property described above—\n\n is\n\n may be within the next 72 hours\n\nat the public place described above.\n\n[*Name, Rank, No. of police officer* ]\n\n[*Address*]\n\nThe application for the seizure warrant was made *in writing/*by telephone.\n\nThe seizure warrant was *transmitted/*not transmitted by facsimile machine.\n\nThis warrant authorises any police officer, with the aid of any assistants considered necessary, to seize the 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.\n\nThis warrant ceases to have effect at the end of the period of 6 months 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.\n\nThe police officer 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.\n\nThe 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.\n\nThis warrant is issued under section 79A of the **Confiscation Act 1997**.\n\nIssued at [*time*] am/pm on [*date*] at [*place*]\n\nSch. 1 Form 11 amended by S.R. No. 74/2023 reg. 21.\n\nFORM 11\n\nRegulation 16\n\nOccupier'S NOTICE\n\nSection 83 of the **Confiscation Act 1997**\n\nA search warrant authorised by Part 11 of the **Confiscation Act 1997** was issued at am/pm on [*date*] at [*place*] by [*insert name*]\n\nName of person who applied for the warrant—\n\n[*insert name*]\n\nDescription of tainted or forfeited property\n\nPremises which may be searched for tainted or forfeited property—\n\nThe warrant was issued to—\n\nThe warrant authorises any police officer with the aid of any assistants considered necessary to break and enter the premises described above and to—\n\n🞏 search the premises described above for the tainted property or the forfeited property described above;\n\n🞏 search any person found in or on the premises described above suspected on reasonable grounds of having on his or her person the tainted or forfeited property described above—\n\nand to seize the property.\n\nThe power to seize property which includes a digital asset or to seize the means of accessing or gaining control of a digital asset includes the power to access or interfere with a computer or data storage device storing the asset or data related to the asset, to alter or transfer the asset or data related to the asset, and to change, transfer or perform any other transaction in relation to the asset or data related to the asset that may be required to gain exclusive control of the asset.\n\nThe 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 and to issue an embargo notice under section 93 of the **Confiscation Act 1997** in respect of the property.\n\nA police officer executing the warrant may also seize other property not of the kind described in the warrant if the police officer 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 Schedule 1 offence and the police officer 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 Schedule 1 offence.\n\nIf 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.\n\n***Authority to give a direction under section 80A(2) of the Confiscation Act 1997**\n\nA police officer executing this warrant may direct—\n\n[*Name of specified person or persons*]\n\nof\n\n[*Address or addresses*]\n\nto provide any information or assistance that is reasonable or necessary to allow the police officer to—\n\n* access data held in, or accessible from, a computer or data storage device that—\n\n* copy to another data storage device data held in, or accessible from, a computer or data storage device that—\n\n* convert into documentary form or another form intelligible to a police officer—\n\n* data held in, or accessible from, a computer or data storage device that—\n\n* data held in a data storage device to which the data was copied in accordance with a direction given by authority of this warrant;\n\n* use data that—\n\n* is recorded on a thing that is—\n\n* on warrant premises;\n\n* has been seized under this warrant and is at a place other than warrant premises; and\n\n* enables access to other data held in, or accessible from, a computer or data storage device—\n\n* to access the other data.\n\nSeized property may be returned in certain circumstances under section 97 of the **Confiscation Act 1997**. Victoria Police or Asset Confiscation Operations business unit in the Department of Justice and Community Safety may be contacted for more information.\n\n[*insert contact details*]\n\nThe 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.\n\nThe police officer executing the warrant is required to produce the warrant for inspection by an occupier of, or a person who is in charge of, the premises if requested to do so. On entry to the premises or as soon as practicable thereafter, the police officer executing the warrant must serve this occupier's notice 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 occupier's notice must be served as soon as practicable after the execution of the warrant, either personally or in any other manner that the judicial officer who issued the warrant may direct.)\n\n**OBLIGATIONS TO ASSIST POLICE OFFICER**\n\nIf the warrant authorises a police officer to give a direction to a specified person or persons to provide information or assistance, that person or persons must comply with that direction if they have relevant knowledge of:\n\n(a) the computer or data storage device or computer network of which the computer or data storage device forms or formed a part; or\n\n(b) data recorded on a thing that enables access to other data held in, or accessible from, a computer or data storage device; or\n\n(c) measures applied to protect—\n\n(i) data held in, or accessible from, the computer or data storage device; or\n\n(ii) data recorded on a thing that enables access to other data held in, or accessible from, a computer or data storage device.\n\nFailure to comply with a direction under the warrant without reasonable excuse is an offence under section 80A(4) of the **Confiscation Act 1997**. The maximum penalty for this offence is 2 years imprisonment.\n\nFORM 12\n\nRegulation 17\n\nNotice of Execution of Seizure Warrant\n\nSection 88A of the **Confiscation Act 1997**\n\nA seizure warrant was issued under section 79A of the **Confiscation Act 1997** at am/pm on [*date*] at [*place*] by [*insert name*]\n\nThe seizure warrant authorised any police officer, with the aid of any assistants considered necessary, to seize the tainted property or forfeited property specified in the warrant from the public place described below.\n\n🞏 to seize tainted property described below from a public place\n\n🞏 to seize forfeited property described below from a public place\n\nDescription of tainted or forfeited property seized—\n\nDescription of public place from which tainted or forfeited property was seized—\n\n[*insert description of public place*]\n\nThe seizure warrant was executed at am/pm on [*date*] by—\n\nSeized property may be returned in certain circumstances under section 97 of the **Confiscation Act 1997**. Victoria Police or Asset Confiscation Operations business unit in the Department of Justice and Community Safety may be contacted for more information.\n\n[*insert contact details.*]\n\nThe police officer 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.\n\nFORM 13\n\nRegulation 18\n\nReport on Execution of Warrant\n\nSection 89(1) of the **Confiscation Act 1997**\n\n**To the issuing *Judge/*Magistrate** [*insert name*]\n\nI, [*insert Name, Rank, No. and Address*] being the person to whom the *search warrant/*seizure warrant (a copy of which is attached) was issued, report the following outcome in relation to the warrant—\n\n🞏 The warrant was executed by—\n\n[*insert Name, Rank, No. and Address*]\n\nat am/pm on [*date*]\n\nThe following items were seized—\n\n[*insert number and description of each item*]\n\n[*If insufficient room attach extra page(s)*]\n\nIn the case of a search warrant, an occupier's notice\n\n*was served on [*insert name of person served and whether occupier of, or in charge of, premises*]\n\n*was not served\n\nAn embargo notice *was issued under section 93 in relation to the following property by\n\n*serving a copy on [*insert name of person served*]\n\n*affixing a copy to the property [*describe property*]\n\n*was not issued\n\nIn the case of a seizure warrant, a notice of execution of seizure warrant was *given/*not given in accordance with section 88A.\n\n🞏 The warrant was not executed because\n\nFORM 14\n\nRegulation 19\n\nEmbargo Notice\n\nSection 93 of the **Confiscation Act 1997**\n\nA search warrant authorised by Part 11 of the **Confiscation Act 1997** was issued at am/pm on [*date*] at [*place*] by [*name*]\n\nDescription of tainted or forfeited property—\n\nPremises which may be searched for tainted or forfeited property—\n\nThis embargo notice is issued by—\n\nName, Rank, No. of police officer executing search warrant\n\nIt is an offence punishable by a maximum penalty of 10 years imprisonment or a fine of 1200 penalty units or both for a person who knows that an embargo notice relates to property to—\n\n• sell\n\n• lease\n\n• move without the written consent of the police officer who issued the embargo notice\n\n• transfer\n\n• otherwise deal with—\n\nthe property or any part of the property while the embargo notice is in force (section 93(3) of the **Confiscation Act 1997**).\n\nIt is a defence to a prosecution for an offence against section 93(3) to prove that the accused moved the property or the part of the property for the purpose of protecting and preserving it.\n\nThis embargo notice ceases to be in force 21 days after its issue unless an application for a restraining order or a civil forfeiture restraining order in respect of the property to which it relates has been made within that time, in which case the notice continues in force until that application is determined.\n\nFORM 15\n\nRegulation 20\n\nNotice of Property Retention Declaration\n\nSection 95D of the **Confiscation Act 1997**\n\nYou have received this notice because the Magistrates' Court has made a declaration under section 95C of the **Confiscation Act 1997**.\n\nThe declaration was made at am/pm on [*date*] at [*place*] by [*name*] Magistrate\n\nThe applicant for the declaration was—\n\nThe declaration is that property in which you have an interest, which has been seized under a warrant issued under—\n\n🞏 section 465 of the **Crimes Act 1958**\n\n🞏 section 81 of the **Drugs, Poisons and Controlled Substances Act 1981**\n\nis to be held or retained under the **Confiscation Act 1997** as if it were tainted property seized under a warrant under section 79 of that Act.\n\nProperty to which the declaration applies—\n\nSeized property may be returned to you in certain circumstances under section 97 of the **Confiscation Act 1997**.\n\nVictoria Police or Asset Confiscation Operations business unit in the Department of Justice and Community Safety may be contacted for more information at [*insert contact details*].\n\nSch. 1 Form 16 amended by S.R. No. 74/2023 reg. 22.\n\nFORM 16\n\nRegulation 21\n\nSearch and Inspection Warrant\n\nSection 97B of the **Confiscation Act 1997**\n\nPurpose for which warrant is issued—\n\n🞏 to search for and inspect the restrained property described below\n\n🞏 to search for and inspect the property described below to which an embargo notice relates\n\n🞏 to search for and inspect the forfeited property described below\n\nDescription of restrained, embargoed or forfeited property authorised to be inspected—\n\nPremises which may be entered to search for the restrained, embargoed or forfeited property—\n\nor other description of premises\n\nReasons for issue of warrant—\n\nReasonable 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)—\n\nin or on the premises described above.\n\nThis warrant is issued to the following person(s)\n\nName\n\nThis 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—\n\n*enter the premises described above\n\n*search for and inspect the property described above\n\n*break 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\n\n*photograph or record by other means the property described above\n\n*make an inventory of the property described above.\n\n*This warrant authorises the sheriff or a person directed by the sheriff to break and enter the premises described above.\n\nThis 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 two months after its issue or when it is executed, whichever occurs first.\n\nIssued at am/pm on [*date*] at [*place*] by Magistrate.\n\nFORM 17\n\nRegulation 22\n\nReport on Execution of Search and Inspection Warrant\n\nSection 97I of the **Confiscation Act 1997**\n\nTo the registrar of the Magistrates' Court\n\nI, [*insert name and address*] being the person to whom this search and inspection warrant (a copy of which is attached) was issued, report the following outcome in relation to the warrant—\n\n🞏 The warrant was executed by [*insert name and address*]\n\nat am/pm on [*insert date*]\n\nThe following property was inspected—\n\n[*insert brief description of each item of property inspected*]\n\n[*If insufficient room, attach extra page(s)*]\n\nA copy of the warrant—\n\n*was given to the occupier\n\n*was given to a person at the premises other than the occupier\n\n*was not given to the occupier or any other person at the premises because—\n\n[*set out reasons why copy of warrant not given*]\n\nAn inventory of the property inspected—\n\n*was not made\n\n*was made and a copy of the inventory was given to each person with an interest in the property\n\n*was made and a copy of the inventory was not given to each person with an interest in the property because—\n\n[*set out reasons why copy of inventory not given*]\n\nWritten notice under section 97J(1)(b) of the **Confiscation Act 1997**\n\n*was given to each person with an interest in the property inspected\n\n*was not given to each person with an interest in the property inspected because—\n\n[*set out reasons why written notice not given*]\n\n🞏 The warrant was not executed because—\n\nSch. 1 Form 18 amended by S.R. No. 74/2023 reg. 23.\n\nFORM 18\n\nRegulation 23\n\nSearch and Seizure Warrant\n\nSection 97N of the **Confiscation Act 1997**\n\nThis warrant is issued for the purpose of searching for and seizing the forfeited property described below.\n\nDescription of forfeited property authorised to be seized—\n\nPremises which may be entered to search for and seize the forfeited property—\n\nor other description of premises\n\nReasons for issue of warrant—\n\nReasonable grounds for believing that the property described above—\n\nin or on the premises described above.\n\nThis warrant is issued to the following person(s)—\n\nName\n\nThis 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—\n\n*enter the premises described above\n\n*break 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\n\n*search for and seize the property described above.\n\n*This warrant authorises the sheriff or a person directed by the sheriff to break and enter the premises described above.\n\nThis 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 two months after its issue or when it is executed, whichever occurs first.\n\nIssued at am/pm on [*date*] at [*place*] by Magistrate.\n\nFORM 19\n\nRegulation 24\n\nReport on Execution of Search and Seizure Warrant\n\nSection 97U of the **Confiscation Act 1997**\n\nTo the registrar of the Magistrates' Court\n\nI, [*insert name and address*]\n\nbeing the person to whom this search and seizure warrant [*a copy of which is attached*] was issued, report the following outcome in relation to the warrant—\n\n🞏 The warrant was executed by—\n\n[*insert name and address*]\n\nat am/pm on [*insert date*]\n\nThe following property was seized—\n\n[*insert brief description of each item of property seized*]\n\n[*If insufficient room, attach extra page(s)*]\n\nA copy of the warrant—\n\n*was given to the occupier\n\n*was given to a person at the premises other than the occupier\n\n*was not given to the occupier or any other person at the premises because—\n\n[*set out reasons why a copy of the warrant was not given*]\n\n🞏 The warrant was not executed because—\n\nSch. 1 Form 19A inserted by S.R. No. 74/2023 reg. 24.\n\nFORM 19A\n\nRegulation 24A\n\nEXAMINATION NOTICE\n\nSection 98A of the **Confiscation Act 1997**\n\nAs 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.\n\n[*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*.]\n\nTo [*insert name of person*]\n\nof [*insert address of person*]\n\nAn examination order under section 98 of the **Confiscation Act 1997**  was made on [*insert date*] by [*insert Judge's name*].\n\nUnder section 98A of the **Confiscation Act 1997**, you are required to attend an examination at the time and place specified below.\n\nTime [*insert time of examination*]\n\nPlace [*insert place of examination*]\n\nYou must produce the following *information or *documents at the examination:\n\n[*insert list of information or documents required (if any)*]\n\nThis examination notice is given to you under section 98A of the **Confiscation Act 1997** by\n\n[*insert signature of applicant for the examination order*]\n\n[*insert name of applicant for the examination order*]\n\nApplicant for the examination order under section 98 of the **Confiscation Act 1997**.\n\n[*insert date*]\n\nIt is an offence for a person to fail, without reasonable excuse, to produce any information or document specified in an examination notice.\n\nThe maximum penalty for this offence is 2 years imprisonment or a fine of 240 penalty units or both (section 99(3) of the **Confiscation Act 1997**.\n\nFORM 20\n\nRegulation 25\n\nSearch Warrant for Property-tracking Documents\n\nSection 110 of the **Confiscation Act 1997**\n\nThis warrant is issued for the purpose of searching for property-tracking document(s)\n\nDescription of property-tracking document(s) authorised to be seized—\n\n[*insert description of documents*]\n\nDescription of property to which property-tracking document(s) relate(s)—\n\nPremises which may be searched for property-tracking document(s)—\n\nNature of offence in reliance on which warrant is issued—\n\n🞏 Schedule 1 offence\n\n🞏 Schedule 2 offence\n\n🞏 Serious drug offence\n\n🞏 reasonable grounds for believing offence committed by a person\n\n*Director of Public Prosecutions for Victoria\n\n*Police officer\n\nName, Rank, No.\n\nThis warrant authorises the person to whom it is directed with any assistants and by any force that is necessary and reasonable—\n\n• to break, enter and search the premises described above for any document of the kind described above.\n\n• to seize any document found in the course of the search that the person executing this warrant believes, on reasonable grounds, to be a document of that kind.\n\n• to seize any document or thing found in the course of the search that the person executing this warrant believes, on reasonable grounds—\n\ni. to be a property-tracking document in relation to the offence (although not of a kind described in this warrant) or in relation to another Schedule 1 offence or Schedule 2 offence; or\n\nii. to be a thing that will afford evidence about the commission of a Schedule 1 offence—\n\nand that he or she believes, on reasonable grounds, is necessary to be seized in order to prevent its concealment, loss or destruction.\n\nThis 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.\n\nIssued at am/pm on [*date*] by\n\nSch. 1 Form 21 amended by S.R. No. 74/2023 reg. 25.\n\nFORM 21\n\nRegulation 26\n\nInformation Notice\n\nSection 118H of the **Confiscation Act 1997**\n\nThis information notice is issued to you under section 118D of the **Confiscation Act 1997** by—\n\nName, Rank, No.\n\nbeing a police officer 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.\n\nName/number of account—\n\n*Name(s) in which account held\n\n*Account number\n\nInformation you are required to provide—\n\n*where names(s) in which account held specified—\n\n whether an account is or has been held in the name(s) specified above, and if so, the number and current balance of that account and the account type\n\n in the case of an account for a loan that is secured by property, the registered proprietors of the property securing the account for the loan, the amount secured by the property and the location of the property\n\n in the case of an account that is associated with digital assets, the quantum or value of the digital asset(s) associated with the account specified above, and the digital asset type(s).\n\n*where account number  specified—\n\n the names(s) in which the account specified above is or was held, the balance of the account (if still held) and the account type\n\n in the case of an account for a loan that is secured by property, the registered proprietors of the property securing the account for the loan, the amount secured by the property and the location of the property\n\n in the case of an account that is associated with digital assets, the quantum or value of the digital asset associated with the account specified above, and the digital asset type.\n\nProperty details—\n\n*If the information notice is issued under s.118D(3)of the **Confiscation Act 1997**\n\n*You have been issued this information notice because the following property is believed to be subject to a mortgage or other security interest in your favour:\n\n[*insert details of property*]\n\nOther details that may assist you to identify the account\n\nYou must provide this information in writing to the following law enforcement agency—[*specify*]\n\n(the law enforcement agency whose member or officer issued you with this information notice)\n\nby [*time*] am/pm on [*date*] (being not less than 3 business days after the date on which this notice is given to you).\n\n**Expiry of information notice**\n\nThis information notice ceases to have effect 3 months from the date of issue and may be reissued within that time.\n\n**Obligations of financial institution**\n\nIt is an offence for a financial institution that has been given an information notice—\n\n(a) without reasonable excuse, to fail to comply with the information notice; or\n\n(b) in purported compliance with the information notice, knowingly to give information that is false or misleading in a material particular.\n\nThis is a summary offence. The maximum penalty for this offence is a fine of 1200 penalty units (section 118J of the **Confiscation Act 1997**).\n\nIt is an offence for a financial institution that has been given an information notice to disclose the existence of the notice to any person (including the person(s) to whom the notice relates) except—\n\n(a) a police officer, if the notice specifies Victoria Police as the law enforcement agency to which the information must be given; or\n\n(b) if the notice specifies another authority or person as the law enforcement agency to which the information must be given, a member, officer or employee of the agency; or\n\n(c) an officer or agent of the financial institution, for the purpose of ensuring that the notice is complied with; or\n\n(d) a legal practitioner acting for the financial institution, for the purpose of obtaining legal advice or representation in relation to the notice.\n\nThis is a summary offence. The maximum penalty for this offence is a fine of 1200 penalty units (section 118K(1) of the **Confiscation Act 1997**).\n\n**Obligations of people to whom existence of information notice is disclosed**\n\nA person to whom the existence of an information notice is disclosed in accordance with the exceptions above must not disclose the existence of the notice to any person other than in the circumstances described below.\n\nA police officer or a member, officer or employee of another authority or person specified in an information notice as the law enforcement agency to which the information is to be given may disclose the existence of the notice to another person of that kind for the purpose of the performance of his or her duties.\n\nAn 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.\n\nA legal practitioner acting for the financial institution may disclose the existence of the notice for the purpose of giving legal advice or providing representation in relation to the notice.\n\nWhen the police officer, member, officer or employee of another authority or person specified as the law enforcement agency, officer or agent of the financial institution or legal practitioner acting for the financial institution (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.\n\nFailure to comply with these obligations constitutes an offence. The maximum penalty for this offence is 2 years imprisonment or a fine of 240 penalty units or both (section 118K(2) of the **Confiscation Act 1997**).\n\nIt 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.\n\nIt is also not an offence for a person to whom the existence of an information notice has been disclosed to disclose the existence of the notice for the purposes of, or in connection with, legal proceedings or in the course of proceedings before a court.\n\nIt is not an offence for a police officer or a member, officer or employee of an authority or person specified in an information notice as the law enforcement agency to which the information is to be given to disclose the existence of the information notice for the purposes of a report to the Minister under section 139A(1) or (2) of the **Confiscation Act 1997**.\n\nA 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.\n\n**Immunity from suit**\n\nNo civil proceeding lies against a financial institution or an officer, employee or agent of the financial institution acting in the course of that person's 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**).\n\nSch. 1 Form 21A inserted by S.R. No. 74/2023 reg. 26.\n\nFORM 21A\n\nRegulation 26\n\nInformation Notice\n\nSection 118H of the **Confiscation Act 1997**\n\nThis information notice is issued to you under section 118E of the **Confiscation Act 1997** by—\n\n[*insert name and title*]\n\n[*insert address*]\n\nbeing a person prescribed for the purposes of section 118C of the **Confiscation Act 1997** to issue information notices.\n\nName/number of account—\n\n*Name(s) in which account held\n\n*Account number\n\nInformation you are required to provide—\n\n*where names(s) in which account held specified—\n\n• whether an account is or has been held in the name(s) specified above, and if so, the number and current balance of that account and the account type\n\n• in the case of an account for a loan that is secured by property, the registered proprietors of the property securing the account for the loan, the amount secured by the property and the location of the property\n\n• in the case of an account that is associated with digital assets, the quantum or value of the digital asset(s) associated with the account specified above, and the digital asset type(s).\n\n*where account number specified—\n\n• the names(s) in which the account specified above is or was held, the balance of the account (if still held) and the account type\n\n• in the case of an account for a loan that is secured by property, the registered proprietors of the property securing the account for the loan, the amount secured by the property and the location of the property\n\n• in the case of an account that is associated with digital assets, the quantum or value of the digital asset associated with the account specified above, and the digital asset type.\n\nProperty details—\n\n*If the information notice is issued under s.118E(3) of the **Confiscation Act 1997**\n\n*You have been issued this information notice because it is required to manage or dispose of the following property\n\n[*insert details of property*]\n\nOther details that may assist you to identify the account\n\nYou must provide this information in writing to the following law enforcement agency—[*specify*]\n\n(the law enforcement agency whose member or officer issued you with this information notice)\n\nby [*time*] am/pm on [*date*] (being not less than 3 business days after the date on which this notice is given to you).\n\n**Obligations of financial institution**\n\nIt is an offence for a financial institution that has been given an information notice—\n\n(a) without reasonable excuse, to fail to comply with the information notice; or\n\n(b) in purported compliance with the information notice, knowingly to give information that is false or misleading in a material particular.\n\nThis is a summary offence. The maximum penalty for this offence is a fine of 1200 penalty units (section 118J of the **Confiscation Act 1997**).\n\nIt is an offence for a financial institution that has been given an information notice to disclose the existence of the notice to any person (including the person(s) to whom the notice relates) except—\n\n(a) a police officer, if the notice specifies Victoria Police as the law enforcement agency to which the information must be given; or\n\n(b) if the notice specifies another authority or person as the law enforcement agency to which the information must be given, a member, officer or employee of the agency; or\n\n(c) an officer or agent of the financial institution, for the purpose of ensuring that the notice is complied with; or\n\n(d) a legal practitioner acting for the financial institution, for the purpose of obtaining legal advice or representation in relation to the notice.\n\nThis is a summary offence. The maximum penalty for this offence is a fine of 1200 penalty units (section 118K(1) of the **Confiscation Act 1997**).\n\n**Obligations of people to whom existence of information notice is disclosed**\n\nA person to whom the existence of an information notice is disclosed in accordance with the exceptions above must not disclose the existence of the notice to any person other than in the circumstances described below.\n\nA police officer or a member, officer or employee of another authority or person specified in an information notice as the law enforcement agency to which the information is to be given may disclose the existence of the notice to another person of that kind for the purpose of the performance of his or her duties.\n\nAn 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.\n\nA legal practitioner acting for the financial institution may disclose the existence of the notice for the purpose of giving legal advice or providing representation in relation to the notice.\n\nWhen the police officer, member, officer or employee of another authority or person specified as the law enforcement agency, officer or agent of the financial institution or legal practitioner acting for the financial institution (as the case may be) ceases to be such a person, the person must not make a record of, or disclose, the existence of the information notice in any circumstances.\n\nFailure to comply with these obligations constitutes an offence. The maximum penalty for this offence is 2 years imprisonment or a fine of 240 penalty units or both (section 118K(2) of the **Confiscation Act 1997**).\n\nIt 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.\n\nIt is also not an offence for a person to whom the existence of an information notice has been disclosed to disclose the existence of the notice for the purposes of, or in connection with, legal proceedings or in the course of proceedings before a court.\n\nIt is not an offence for a police officer or a member, officer or employee of an authority or person specified in an information notice as the law enforcement agency to which the information is to be given to disclose the existence of the information notice for the purposes of a report to the Minister under section 139A(1) or (2) of the **Confiscation Act 1997**.\n\nA 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.\n\n**Immunity from suit**\n\nNo civil proceeding lies against a financial institution or an officer, employee or agent of the financial institution acting in the course of that person's 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**).\n\nSch. 1 Form 22 amended by S.R. Nos 74/2023 reg. 27, 151/2025 reg. 5.\n\nFORM 22\n\nRegulation 27\n\nDocument Request\n\nSection 120B of the **Confiscation Act 1997**\n\nAs 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.\n\n[*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*.]\n\nTo: [*Name and address*]\n\n*This document request is given to you under—\n\n*section 120A(1) of the **Confiscation Act 1997** by the Secretary to the Department of Justice and Community Safety, Victoria, who has responsibility for this property.\n\n[*specify basis on which Secretary has responsibility for the property*]\n\n*section 120A(2) of the **Confiscation Act 1997** by—\n\nName\n\nbeing a prescribed person for the purposes of that subsection.\n\nYou have received this document request because the\n\n*Secretary/*prescribed person named above believes that you have possession or control of documents relating to the maintenance and management of the property described below.\n\nDescription of property—\n\n*This document request is given to you under section 120AB(1) of the **Confiscation Act 1997** by [*insert name and address*], being a prescribed person for the purposes of that subsection.\n\nYou have received this document request because the prescribed person named above believes that you have possession or control of documents required for the enforcement of the order described below.\n\nDescription of pecuniary penalty order or order under section 12 of the **Crimes (Confiscation of Profits) Act 1986** before its repeal—\n\n*This document request is given to you under section 120AC(1) of the **Confiscation Act 1997** by [*insert name and address*], being a prescribed person for the purposes of that subsection.\n\nYou have received this document because the prescribed person named above believes that you have possession or control of documents required for the enforcement of the order described below.\n\nDescription of unexplained wealth order—\n\nYou are requested to produce the documents or types of documents specified below to the person who has given you this document request.\n\nDocuments requested—\n\nPurposes for which the documents are sought—\n\n*The documents will not be provided to any other person.\n\n*The documents will be provided to other persons in the following circumstances [*insert details*]\n\nYou are required to comply with this request within **14 days** after the day on which the document request is given to you.\n\nAddress for delivery of documents: [*insert address*]\n\nA document that you produce to the person who has given you this document request must be returned to you within 7 days after you produce it. If the person who has given you this document request 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, that person 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**).\n\n**Delete if inapplicable*\n\nIt 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**).\n\nIt 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**).\n\nThe maximum penalty for each of these offences is a fine of 60 penalty units.\n\nIt is an offence for a person who is given a document request to disclose the existence of the document request to any person (including the person to whom the request relates) except—\n\n(a) to the person who made the request or a member or an officer or employee of the person who made the request; or\n\n(b) to a person belonging to a prescribed class of persons; or\n\n(c) if the request was made to an entity, to an officer or agent of the entity, for the purpose of ensuring that the request is complied with; or\n\n(d) to a legal practitioner acting for the person to whom the request has been made, for the purpose of obtaining legal advice or representation in relation to the request; or\n\n(e) to a person for the purpose of obtaining advice or assistance that may reasonably be required to comply with the request, if doing so is not reasonably likely to result in the person to whom the request relates becoming aware of the request.\n\nThis is a summary offence. The maximum penalty for this offence is a fine of 1200 penalty units (section 120CA(1) of the **Confiscation Act 1997**).\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Confiscation Regulations 2019, S.R. No. 43/2019 were made on 12 June 2019 by the Governor in Council under section 146 of the **Confiscation Act 1997**, No. 108/1997 and came into operation on 15 June 2019: regulation 3.\n\nThe Confiscation Regulations 2019 will sunset 10 years after the day of making on 12 June 2029 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes 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.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 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.  \nThis 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.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll 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).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 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.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"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.\n\n• Other material\n\nAny 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).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the Confiscation Regulations 2019 by statutory rules, subordinate instruments and Acts.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nConfiscation Amendment (Australian Capital Territory Unexplained Wealth Orders) Regulations 2022, S.R. No. 21/2022\n\n| *Date of Making:* | 27.4.22 |\n| *Date of Commencement:* | 27.4.22 |\n\nConfiscation Miscellaneous Amendment Regulations 2023, S.R. No. 74/2023\n\n| *Date of Making:* | 25.7.23 |\n| *Date of Commencement:* | 1.8.23: reg. 3 |\n\nConfiscation Amendment (Unexplained Wealth) Regulations 2025, S.R. No. 5/2025\n\n| *Date of Making:* | 18.3.25 |\n| *Date of Commencement:* | 20.3.25: reg. 3 |\n\nConfiscation Amendment (Tasmanian Unexplained Wealth Orders) Regulations 2025, S.R. No. 90/2025\n\n| *Date of Making:* | 23.9.25 |\n| *Date of Commencement:* | 23.9.25 |\n\nConfiscation Amendment Regulations 2025, S.R. No. 151/2025\n\n| *Date of Making:* | 23.12.25 |\n| *Date of Commencement:* | 23.12.25 |\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\n1. Reg. 4(a): S.R. No. 57/2008 as amended by S.R. Nos 20/2012, 139/2014, 187/2014 and 110/2016. [↑](#endnote-ref-2)\n\n2. Reg. 4(b): S.R. No. 20/2012. [↑](#endnote-ref-3)\n\n3. Reg. 4(c): S.R. No. 139/2014. [↑](#endnote-ref-4)\n\n4. Reg. 4(d): S.R. No. 187/2014. [↑](#endnote-ref-5)\n\n5. Reg. 4(e): S.R. No. 110/2016. [↑](#endnote-ref-6)","sortOrder":82}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":587},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulations remain tightly scoped to their original purpose: operationalising the Confiscation Act 1997 through forms, prescribed officers, and procedural details. While amendments have added digital assets and unexplained wealth mechanisms, these are logical extensions of the existing confiscation framework rather than scope creep."},"complexity_factors":["72 regulations with extensive cross-referencing to the Confiscation Act 1997","22 prescribed forms with detailed field requirements and multiple language translations","Nested conditional logic in forms (tick-box alternatives, deletable clauses)","Multiple amendment layers (2022, 2023, two 2025 amendments) creating version fragmentation","Digital asset provisions requiring technical specificity (cryptocurrency seizure powers)","Interstate order recognition requiring mapping of 14 jurisdictions' equivalent laws","Strict confidentiality obligations with cascading disclosure restrictions and criminal penalties"],"plain_english_summary":"These regulations are the **operational rulebook** for Victoria's **Confiscation Act 1997** — the law that lets authorities seize assets and money linked to crime.\n\n**What this does:**\n- **Prescribes official forms** for everything from freezing bank accounts to seizing property, searching premises, and demanding financial declarations from suspects\n- **Names the key officials** who can apply for orders and execute warrants — primarily the **Assistant Director of Asset Confiscation Operations** (a unit within the Department of Justice and Community Safety)\n- **Sets dollar thresholds** for \"protected property\" that can't be seized from serious drug offenders — things like basic vehicles ($12,500), clothing, household items, and tools of trade (each $5,000)\n- **Defines which other states' and territories' confiscation laws** are \"corresponding laws\" so Victoria can recognise and enforce their orders\n- **Expands who counts as \"law enforcement\"** to include environmental, fisheries, and gambling regulators\n- **Updates procedures** for the digital age — including powers to access computers, seize digital assets, and deal with cryptocurrency\n\n**Who it affects:**\n- People suspected of serious criminal activity whose assets may be restrained or seized\n- Financial institutions (banks must comply with freezing orders and information notices)\n- Police and investigative officers executing warrants\n- Third parties who hold or manage restrained property\n\n**Why it matters:**\nThis is the **practical machinery** that makes Victoria's proceeds-of-crime regime work. Without these regulations, the Confiscation Act would be unenforceable — there would be no official forms, no designated officers to act, and no clear rules for cross-border enforcement. The 2023 and 2025 amendments show the system evolving to handle **digital assets** and **unexplained wealth orders** (where you must prove your wealth is legitimate)."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Regulations remain within their stated original purpose—to prescribe matters authorised by the Confiscation Act 1997 and to prescribe forms (Reg 1). Amendments since 2019 have expanded and updated the operational detail (for example adding provisions that explicitly cover digital assets, new information‑notice procedures, seizure in public places, and additional prescribed officers and interstate orders). Those changes materially broaden the practical reach and procedural coverage of enforcement but do not change the fundamental scope: they implement and operationalise the Act rather than create new substantive legal powers beyond what the Act authorises."},"complexity_factors":["Large schedule of prescribed forms (Forms 1–22 plus variants such as 9 amendments, 10A, 19A, 21A) used across many different Act powers","Extensive cross‑references to the Confiscation Act 1997 (dozens of section citations throughout Regs and each form)","Enumerated interstate correspondence (Regs 29–32 list around 20+ separate laws and many individual sections/orders to be recognised or registered)","Numerous prescribed officer roles and classes (Assistant Director, Manager, Secretary of other departments, authorised officers from other Acts) creating many delegation and eligibility permutations (Regs 28, 33, 49, 62–68A, etc.)","Multiple conditional timelines and deadlines (14 days, 28 days, 3 business days, 5 business days, 1 month, 2 months, 6 months, etc.) across different notices and warrants","Heavy use of confidentiality and non‑disclosure rules with differing penalties (summary fines, imprisonment exposure) depending on the instrument (Forms 3–4, 21/21A, 22)","Complex operational detail for digital asset handling and directions to assist (search/seizure powers include accessing, copying, transferring digital assets — Form 9, Form 11)","Nested conditional forms and multiple variants depending on factual scenario (freezing order vs notice to accompany copy; seizure warrant for public place vs for forfeited property; information notice variants)","Multiple amendment insertions over time (several S.R. amendments inserted, substituted and expanded forms and prescribed persons), increasing interpretive complexity"],"plain_english_summary":"**What these Regulations do (mechanically)\n\n- These Regulations implement and detail how the Confiscation Act 1997 works by prescribing forms, naming who may act in certain roles, listing corresponding interstate laws/orders, and setting procedural particulars. They do not create new criminal offences themselves but provide the prescribed paperwork, timeframes and operational rules used to exercise the Act's powers (see Regs 1–2, Part 2 and Part 3).\n\n- The Schedule contains the prescribed templates (notices, warrants, reports and information requests) that investigators, courts and agencies must use when executing powers under the Act (Forms 1–22 and variants; see Part 2 and Schedule 1). Examples: a freezing order notice for banks (Form 2; Reg 7), information notices to financial institutions (Forms 21/21A; Reg 26), search/seizure warrants including directions to assist with digital assets (Form 9; Reg 14), and examination notices (Form 19A; Reg 24A).\n\n- The Regulations also formally prescribe which offices, officers or classes of officers may apply for orders or exercise particular functions under the Act (for example the Assistant Director, Asset Confiscation Operations is repeatedly prescribed for many functions; see Regs 28, 34–37A, 39–47, 51–57A, 61–72). They prescribe which external laws are taken as \"corresponding law\" and which interstate orders are recognised for registration and enforcement (Regs 29–32).\n\nWho is affected\n\n- Individuals whose property is the subject of restraining, seizure, embargo or forfeiture proceedings (forms, time limits and warnings prescribe how they must respond; e.g. declaration timeframes of 14 or 28 days in Forms 1, 5–7).\n\n- Financial institutions, credit reporting bodies and custodians (they must comply with freezing orders, information notices and document requests and face summary penalties for non‑compliance; see Forms 2–4, 21/21A, 22).\n\n- Law enforcement and specified public officials (the Regulations name which officers or agency officers can issue or receive notices, apply for warrants or manage forfeited property — notably Asset Confiscation Operations staff and some other prescribed authorities; see Regs 28, 33, 49, 55A).\n\n- Third parties with interests in restrained or charged property (the Regulations set what particulars must be recorded and what notices must be given; see Regs 38, 42, 46, 56).\n\nWhy it matters (official purpose and operational effects)\n\n- Officially, the Regulations exist to \"prescribe matters authorised by the Confiscation Act 1997 and to prescribe forms\" (Reg 1). Practically, they turn the Act's powers into operational steps: who may act, the documents to be used, timelines for compliance, confidentiality obligations and penalties for non‑compliance.\n\nPractical costs, incentives and trade‑offs (testing the official purpose)\n\n- Compliance costs fall primarily on regulated private parties: banks, custodians, credit reporting bodies and other entities must produce information quickly (often within 3 business days for information notices, or 14 days for document requests — Forms 21/21A, 22) and must maintain confidentiality subject to criminal penalties (Forms 3–4, 21/21A). This is an administrative burden and may require systems or staff time to meet short deadlines.\n\n- Investigative reach is operationally broadened in specific ways: the forms and warrants explicitly cover digital assets and directions to assist access to computers/data storage devices (Form 9, Form 11). That creates technical requirements for law enforcement and custodians and raises risk around how access to private keys/data is obtained and safeguarded.\n\n- The Regulations centralise many decision points in Asset Confiscation Operations (Assistant Director/Manager roles are repeatedly prescribed — Regs 28, 62–63, 66–68A). That reduces decentralised discretion among local officers and allocates bureaucratic responsibility to a specialised unit, with implications for administrative capacity and institutional incentives.\n\n- Interstate enforcement and recognition mechanisms are detailed by listing corresponding laws and orders (Regs 29–32). That reduces legal uncertainty about cross‑jurisdictional registration but requires ongoing maintenance as other jurisdictions amend their laws.\n\n- Penalties are used to enforce confidentiality and compliance (summary fines and, for some disclosures, imprisonment terms appear in the cited sections reproduced in the forms). Those penalties shift enforcement costs to private actors and provide a deterrent against disclosure; they also create risks of criminal exposure if private actors misunderstand the narrow disclosure exceptions.\n\nImplementation risks and substitution effects\n\n- Technical and chain‑of‑custody risks arise when digital assets are accessed, copied or transferred under a warrant. The forms authorise operations that, if mishandled, could irreversibly move or alter assets.\n\n- Banks and service providers may respond by tightening account access or increasing due diligence, potentially increasing costs to customers or delaying legitimate transactions.\n\n- Because the Regulations prescribe both forms and who may act, operational capacity in the prescribed offices will materially affect how quickly orders are pursued and how often the powers are used.\n\nKey citations (examples)\n\n- Prescribed forms and notices: Regs 6–27, Schedule 1 (Forms 1–22 and variants).\n- Freezing orders and confidentiality obligations: Regs 7–9 (Forms 2–4).\n- Information notices to financial institutions: Reg 26 (Forms 21/21A); time to comply and penalties set out in those forms.\n- Search/seizure and digital‑asset directions: Reg 14 (Form 9), Regs 15, 16, 21 (Forms 10/10A, 11, 16) and Form 11’s obligations to assist in accessing data.\n- Prescribed officers (central role): Regs 28, 34, 37A, 62–63, 66A, 68A, 69–72.\n\nBottom line: these Regulations are the operational toolkit for enforcing the Confiscation Act — they prescribe who may act, the exact forms and timeframes to be used, confidentiality and penalty regimes, and updated operational items (including digital‑asset handling and interstate lists). They shift compliance effort onto banks, custodians and third parties, concentrate decision‑making in specified agency roles, and formalise procedures that law enforcement uses to freeze, seize, inspect and dispose of property."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Insufficient substantive content was provided in the document to determine whether the scope changed from the original intent of the regulations. The document appears to be a version history shell rather than the full legislative text."},"complexity_factors":["Regulations operate as subordinate legislation under a parent Act, requiring understanding of both instruments together","Confiscation law involves complex civil and criminal law intersections (e.g. unexplained wealth, civil forfeiture, criminal proceeds)","Procedural rules can have strict compliance requirements with serious consequences if not followed","The document provided is largely metadata/version history with minimal substantive content, making comprehensive analysis difficult","Confiscation regimes often involve multiple agencies and jurisdictional considerations"],"plain_english_summary":"These regulations set out the technical and administrative rules that govern how Victoria’s asset‑confiscation regime operates in practice, affecting people whose property may be seized, law enforcement, legal practitioners and courts. They matter because they prescribe the procedural safeguards for seizure processes. Note: the supplied document appears to contain mainly formatting and version‑history metadata, limiting detailed analysis."}},"importantCases":[],"_links":{"self":"/api/acts/confiscation-regulations-2019","history":"/api/acts/confiscation-regulations-2019/history","analysis":"/api/acts/confiscation-regulations-2019/analysis","conflicts":"/api/acts/confiscation-regulations-2019/conflicts","importantCases":"/api/acts/confiscation-regulations-2019/important-cases","documents":"/api/acts/confiscation-regulations-2019/documents"}}