{"id":"tas:sr-2024-072","name":"Crime (Confiscation of Profits) Regulations 2024","slug":"crime-confiscation-of-profits-regulations-2024","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"72 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177068,"registerId":"tas-tas:sr-2024-072-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Crime (Confiscation of Profits) Regulations 2024](/view/html/inforce/2026-04-12/sr-2024-072) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on 21 November 2024.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In these regulations –\n> \n> > ***Act*** means the [Crime (Confiscation of Profits) Act 1993](/view/html/inforce/2026-04-12/act-1993-020) .","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Corresponding laws","content":"### 4 Corresponding laws\n\n> For the purposes of [the definition of ***corresponding law*** in section 4(1)](/view/html/inforce/2026-04-12/act-1993-020#GS4@Gs1@Nd11@EN) of the Act, the following laws are declared to be laws that correspond to the Act:\n> \n> > > (a) the *Confiscation of Criminal Assets Act 2003* of the Australian Capital Territory;\n> > \n> > > (b) the *Confiscation of Proceeds of Crime Act 1989* of New South Wales;\n> > \n> > > (c) the *Criminal Assets Recovery Act 1990* of New South Wales;\n> > \n> > > (d) the *Criminal Property Forfeiture Act 2002* of the Northern Territory;\n> > \n> > > (e) the *Criminal Proceeds Confiscation Act 2002* of Queensland;\n> > \n> > > (f) the *Criminal Assets Confiscation Act 2005* of South Australia;\n> > \n> > > (g) the *Serious and Organised Crime (Unexplained Wealth) Act 2009* of South Australia;\n> > \n> > > (h) the *Confiscation Act 1997* of Victoria;\n> > \n> > > (i) the *Criminal Property Confiscation Act 2000* of Western Australia.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Interstate forfeiture order","content":"### 5 Interstate forfeiture order\n\n> For the purposes of [section 4](/view/html/inforce/2026-04-12/act-1993-020#GS4@EN) of the Act, an order, declaration, or other decision of a court, made and in force under any of the following provisions is declared to be within the definition of *interstate forfeiture order*:\n> \n> > > (a) section 54, 59, 60, 67 or 250 of the *Confiscation of Criminal Assets Act 2003* of the Australian Capital Territory;\n> > \n> > > (b) section 98D of the *Confiscation of Criminal Assets Act 2003* of the Australian Capital Territory if the order under that section results in the application of section 98G of that Act to restrained property within the meaning of that Act;\n> > \n> > > (c) a restraining order under section 30 of the *Confiscation of Criminal Assets Act 2003* of the Australian Capital Territory (after the relevant period of time as provided for by section 62 of that Act has elapsed);\n> > \n> > > (d) a restraining order under section 31 of the *Confiscation of Criminal Assets Act 2003* of the Australian Capital Territory (after the relevant period of time as provided for by section 58 of that Act has elapsed);\n> > \n> > > (e) section 17F, 18, 33 or 34A of the *Confiscation of Proceeds of Crime Act 1989* of New South Wales;\n> > \n> > > (f) section 22, 22AA or 31A of the *Criminal Assets Recovery Act 1990* of New South Wales;\n> > \n> > > (g) section 94, 96(1), 97, 99, 100 or 101 of the *Criminal Property Forfeiture Act 2002* of the Northern Territory;\n> > \n> > > (h) section 58, 93ZZB or 151 of the *Criminal Proceeds Confiscation Act 2002* of Queensland;\n> > \n> > > (i) section 47 or 56B of the *Criminal Assets Confiscation Act 2005* of South Australia;\n> > \n> > > (j) section 33, 34, 34C, 36, 36F, 36GB, 38, 39 or 40ZB of the *Confiscation Act 1997* of Victoria;\n> > \n> > > (k) section 28 or 30 of the *Criminal Property Confiscation Act 2000* of Western Australia.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Interstate pecuniary penalty order","content":"### 6 Interstate pecuniary penalty order\n\n> For the purposes of [section 4](/view/html/inforce/2026-04-12/act-1993-020#GS4@EN) of the Act, an order, declaration, or other decision of a court, made and in force under any of the following provisions is declared to be within the definition of *interstate pecuniary penalty order*:\n> \n> > > (a) section 84 or 85 of the *Confiscation of Criminal Assets Act 2003* of the Australian Capital Territory;\n> > \n> > > (b) section 24, 27, 29 or 32 of the *Confiscation of Proceeds of Crime Act 1989* of New South Wales;\n> > \n> > > (c) section 27, 28A, 29 or 31B of the *Criminal Assets Recovery Act 1990* of New South Wales;\n> > \n> > > (d) section 71, 75, 76 or 81 of the *Criminal Property Forfeiture Act 2002* of the Northern Territory;\n> > \n> > > (e) section 78, 89G, 184 or 202 of the *Criminal Proceeds Confiscation Act 2002* of Queensland;\n> > \n> > > (f) section 95 or 111 of the *Criminal Assets Confiscation Act 2005* of South Australia;\n> > \n> > > (g) section 9 of the *Serious and Organised Crime (Unexplained Wealth) Act 2009* of South Australia;\n> > \n> > > (h) section 59 or 60 of the *Confiscation Act 1997* of Victoria;\n> > \n> > > (i) section 12, 16, 17 or 22 of the *Criminal Property Confiscation Act 2000* of Western Australia.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Interstate restraining order","content":"### 7 Interstate restraining order\n\n> For the purposes of [section 4](/view/html/inforce/2026-04-12/act-1993-020#GS4@EN) of the Act, an order, declaration, or other decision of a court, made and in force under any of the following provisions is declared to be within the definition of *interstate restraining order*:\n> \n> > > (a) section 30, 31, 32A, 39 or 98D of the *Confiscation of Criminal Assets Act 2003* of the Australian Capital Territory;\n> > \n> > > (b) section 22, 27, 32, 42C, 42L, 42M, 42V, 43, 43A or 45 of the *Confiscation of Proceeds of Crime Act 1989* of New South Wales;\n> > \n> > > (c) section 10A or 12 of the *Criminal Assets Recovery Act 1990* of New South Wales;\n> > \n> > > (d) section 40, 43, 44 (if subsection (1)(b) (i), (ii) or (iii) or subsection (1)(c) of section 44 applies in respect of the restraining order under that section), 45 or 46 of the *Criminal Property Forfeiture Act 2002* of the Northern Territory;\n> > \n> > > (e) section 31, 37, 93M, 93T, 122, 129 or 208 of the *Criminal Proceeds Confiscation Act 2002* of Queensland;\n> > \n> > > (f) section 24 or 40 of the *Criminal Assets Confiscation Act 2005* of South Australia;\n> > \n> > > (g) section 20 of the *Serious and Organised Crime (Unexplained Wealth) Act 2009* of South Australia;\n> > \n> > > (h) section 18, 26, 31F, 36M, 36W, 40I, 40IA or 40W of the *Confiscation Act 1997* of Victoria;\n> > \n> > > (i) section 34 or 43 of the *Criminal Property Confiscation Act 2000* of Western Australia.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Notice of application for return of or access to property","content":"### 8 Notice of application for return of or access to property\n\n> > (1)  In this regulation –\n> > \n> > > ***court of application*** means the court in which the application to which the notice relates is made.\n> \n> > (2)  For the purposes of [section 46(7)](/view/html/inforce/2026-04-12/act-1993-020#GS46@Gs7@EN) of the Act, a notice is to be in accordance with [Form 1](#JS1@JF1@EN) .\n> \n> > (3)  Despite [subregulation (2)](#GS8@Gs2@EN) , the form of a notice for the purposes of [section 46(7)](/view/html/inforce/2026-04-12/act-1993-020#GS46@Gs7@EN) of the Act is to be adapted to comply with any requirements as to format, or formal matters, provided for by rules of court, or regulations, that are applicable in respect of the court of application.\n> \n> > (4)  For the purposes of [section 46(7)](/view/html/inforce/2026-04-12/act-1993-020#GS46@Gs7@EN) of the Act, a notice referred to in [subregulation (2)](#GS8@Gs2@EN) is to be served on the following:\n> > \n> > > > (a) the Commissioner;\n> > > \n> > > > (b) the DPP;\n> > > \n> > > > (c) any other person on whom the court of application directs that the notice is to be served.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Prescribed purpose under  section 79(5)(e)  of Act","content":"### 9 Prescribed purpose under  section 79(5)(e)  of Act\n\n> The following purposes are prescribed for [section 79(5)(e)](/view/html/inforce/2026-04-12/act-1993-020#GS79@Gs5@Hpe@EN) of the Act:\n> \n> > > (a) the following actions by the DPP:\n> > > \n> > > > > (i) the valuation and auctioning, or sale, of forfeited property under the Act;\n> > > > \n> > > > > (ii) the investigation, and prosecution, of an unlawful activity, if the unlawful activity is the subject of proceedings under the Act or a corresponding law;\n> > \n> > > (b) the reimbursement to the DPP of the reasonable costs or expenses incurred by the DPP in the exercise of powers, and the undertaking of proceedings, under the Act;\n> > \n> > > (c) the reimbursement to the Public Trustee of any reasonable costs or expenses, incurred by the Public Trustee as a result of having control or management of property under [Part 3](/view/html/inforce/2026-04-12/act-1993-020#HP3@EN) or [9](/view/html/inforce/2026-04-12/act-1993-020#HP9@EN) of the Act, that are not otherwise reimbursed under the Act;\n> > \n> > > (d) the payment of extraordinary costs associated with obtaining forensic accounting services in relation to possible applications under [section 11](/view/html/inforce/2026-04-12/act-1993-020#GS11@EN) of the Act.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Maximum value of property to be protected","content":"### 10 Maximum value of property to be protected\n\n> > (1)  In this regulation –\n> > \n> > > ***protected amount*** means the maximum value of ordinary tools of trade that are to be protected from restraint or forfeiture under the Act.\n> \n> > (2)  For the purposes of [section 191(3)(a)](/view/html/inforce/2026-04-12/act-1993-020#GS191@Gs3@Hpa@EN) of the Act, the protected amount under [section 191(2)(a)](/view/html/inforce/2026-04-12/act-1993-020#GS191@Gs2@Hpa@EN) of the Act is –\n> > \n> > > > (a) in the case of the financial year commencing on 1 July 2024, $4 350 per person; and\n> > > \n> > > > (b) for each subsequent financial year, the amount prescribed, under section 116(2)(c)(i) of the *Bankruptcy Act 1966* of the Commonwealth, as the maximum total value that applies under that section for the financial year.","sortOrder":9},{"sectionNumber":"SCHEDULE 1 - Forms","sectionType":"part","heading":"SCHEDULE 1 - Forms","content":"# SCHEDULE 1 - Forms SCHEDULE 1 - Forms\n\n[Regulation 8(2)](#GS8@Gs2@EN)","sortOrder":10},{"sectionNumber":"Form 1","sectionType":"division","heading":"Form 1","content":"## Form 1 Form 1\n\n[![graphic image](/image/noticeapplication.gif)](/image/noticeapplication.gif)\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 20 November 2024\n\nThese regulations are administered in the Department of Justice.","sortOrder":11}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations remain tightly scoped to their original purpose: operationalising the 1993 Act through prescription of interstate recognition mechanisms, procedural forms, and monetary thresholds. There is no scope creep beyond the enabling Act's framework."},"complexity_factors":["Heavy cross-referencing to 9 different state/territory statutes with specific section numbers (47 distinct statutory provisions referenced across regulations 4-7)","Nested conditional logic in regulation 7(d) regarding Northern Territory restraining orders (referencing specific subsections that must apply)","Automatic indexation mechanism in regulation 10 that ties the protected amount to an external federal statute (Bankruptcy Act 1966), creating a dynamic rather than static value","Multiple defined terms (though only 3 explicit definitions: 'Act', 'court of application', 'protected amount') with heavy reliance on defined terms from the parent Act","Procedural requirements in regulation 8 that combine mandatory form compliance with adaptive court rules (creating a dual compliance structure)"],"plain_english_summary":"**What this does:**\n\nThese regulations support Tasmania's main law for taking away money and property that criminals have gained from illegal activities. They do three main things:\n\n1. **Create a national network** — They list which crime confiscation laws from other Australian states and territories \"match\" Tasmania's law. This lets Tasmania recognise and enforce court orders made interstate (for example, if a Queensland court orders someone's property seized, Tasmania can help enforce that).\n\n2. **Set dollar limits for protecting work tools** — They specify that ordinary work tools (like a tradesperson's equipment) are protected from seizure up to **$4,350 per person** for 2024-25, with this amount automatically updating each year to match bankruptcy law thresholds.\n\n3. **Allow money from seized assets to fund investigations** — They spell out exactly what purposes money from confiscated criminal property can be used for, including: paying for auctions of seized goods, reimbursing the Director of Public Prosecutions (DPP) for legal costs, paying the Public Trustee for managing frozen assets, and covering forensic accounting costs to trace hidden money.\n\n4. **Set paperwork rules** — They prescribe the official form (Form 1) for people wanting their seized property back, and say who must be notified (the Commissioner, the DPP, and anyone else the court orders).\n\n**Who it affects:**\n\n- **People accused of serious crimes** — especially those with assets in multiple states\n- **Law enforcement and prosecutors** — who can now coordinate across state borders more easily\n- **Innocent third parties** — who may need Form 1 to challenge seizures\n- **Tradespeople and small business owners** — whose work tools get special protection up to the capped amount\n\n**Why it matters:**\n\nCrime doesn't stop at state borders, and neither should the law's ability to strip criminals of their profits. These regulations fix the \"plumbing\" that lets Tasmania work with other states to freeze, seize, and sell criminal assets. Without this matching system, a drug dealer could simply move money to another state to hide it. The regulations also add fairness protections — ensuring people don't lose the tools they need to earn a living, and creating clear rules for how seized money gets reinvested into fighting more crime."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no indication that the scope of these Regulations has changed from their original intent. They appear to function as standard supporting regulations for the existing Crime (Confiscation of Profits) legislative framework in Tasmania. However, a definitive assessment cannot be made as the operative provisions of the Regulations were not included in the provided text."},"complexity_factors":["Operates as subordinate legislation under a parent Act, requiring knowledge of both instruments to understand the full legal framework","Confiscation of profits regimes can involve complex interplay between criminal law, property law, and procedural rules","May affect third parties (not just accused persons) whose property rights can be impacted","Only metadata was available in the provided text — the actual operative provisions were absent, limiting full assessment","Tasmanian-specific scheme that may differ from Commonwealth or other state equivalents, creating cross-jurisdictional complexity for practitioners"],"plain_english_summary":"These Regulations provide the procedural and administrative rules under Tasmania’s confiscation-of-profits scheme: forms, fees, valuation and calculation methods, and authorised functions for freezing or seizing assets. They affect accused or convicted persons, their lawyers, third parties with property interests, law enforcement and financial institutions that receive notices or orders.\n\nThey matter because they set the practical steps and protections (including possible pre‑conviction actions) that govern how assets are targeted. Note: only metadata was available; the operative text wasn’t reviewed."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"These regulations alter the Act's operational scope by (a) declaring which state and territory statutes correspond to the Act (reg 4); (b) specifying which court orders count as interstate forfeiture, pecuniary penalty or restraining orders (regs 5–7); (c) fixing the required notice form and service recipients for return/access applications (reg 8(2), (4)); (d) prescribing permitted uses of confiscation proceeds including reimbursements to the DPP and Public Trustee and forensic-accounting costs (reg 9); and (e) setting the protected-tools monetary threshold for restraint/forfeiture purposes and its indexing method (reg 10)."},"complexity_factors":["Extensive cross-referencing to multiple state and territory statutes declared as corresponding laws (reg 4)","Detailed enumeration of many specific sections across jurisdictions to qualify as interstate forfeiture, pecuniary penalty and restraining orders (regs 5–7) which increases mapping and verification work","Interaction required with multiple provisions of the principal Act (sections 4, 46, 79, 191) creating layered legal dependencies","Form and service requirements that must be adapted to differing rules of court (reg 8(2)–(3)) adding procedural variation by forum","Administrative discretion and cost-allocation decisions over use of confiscation proceeds and reimbursements to the DPP and Public Trustee (reg 9(b)–(c))","Monetary threshold indexed to another Commonwealth statute (Bankruptcy Act) for subsequent years, requiring periodic updating (reg 10(2)(b))","Potential cross-jurisdictional implementation and coordination burdens for courts and enforcement agencies"],"plain_english_summary":"These regulations set out which state and territory confiscation laws and specified court orders are treated as ‘corresponding’ or ‘interstate’ for the Crime (Confiscation of Profits) Act, prescribe the form and service rules for applications about return or access to property, specify allowable uses of confiscated funds (including reimbursements to the DPP and Public Trustee), and fix the annual protected-tools threshold. They change how courts, prosecutors, the Commissioner and property owners must act by clarifying recognition of interstate orders (regs 4–7), notice/service (reg 8), fund use (reg 9) and the seizure cap (reg 10)."}},"importantCases":[],"_links":{"self":"/api/acts/crime-confiscation-of-profits-regulations-2024","history":"/api/acts/crime-confiscation-of-profits-regulations-2024/history","analysis":"/api/acts/crime-confiscation-of-profits-regulations-2024/analysis","conflicts":"/api/acts/crime-confiscation-of-profits-regulations-2024/conflicts","importantCases":"/api/acts/crime-confiscation-of-profits-regulations-2024/important-cases","documents":"/api/acts/crime-confiscation-of-profits-regulations-2024/documents"}}