{"id":"sr:crimes-confiscation-regulations-2024","name":"Crimes (Confiscation) Regulations 2024","slug":"crimes-confiscation-regulations-2024","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":183769,"registerId":"vic-sr:crimes-confiscation-regulations-2024-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Crimes (Confiscation) Regulations 2024","content":"Version No. 001\n\n**Crimes (Confiscation) Regulations 2024**\n\n**S.R. No. 29/2024**\n\nVersion as at  \n26 May 2024\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objective 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Revocation 1\n\n5 Form of notice under section 465A of the Crimes Act 1958 1\n\n6 Form of notice under section 465D of the Crimes Act 1958 1\n\nSchedule 1—Forms 2\n\n═════════════\n\nEndnotes 6\n\n1 General information 6\n\n2 Table of Amendments 8\n\n3 Explanatory details 9\n\n**Version No.** **001**\n\n**Crimes (Confiscation) Regulations 2024**\n\n**S.R. No. 29/2024**\n\nVersion as at  \n26 May 2024\n\n\t1 Objective\n\nThe objective of these Regulations is to prescribe forms for the purposes of sections 465A and 465D of the **Crimes Act 1958**.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 505A of the **Crimes Act 1958**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 26 May 2024.\n\n\t4 Revocation\n\nThe Crimes (Confiscation) Regulations 2014[[1]](#endnote-1) are **revoked**.\n\n\t5 Form of notice under section 465A of the Crimes Act 1958\n\nFor the purposes of section 465A(2)(b) of the **Crimes Act 1958**, the prescribed form is Form 1 of Schedule 1.\n\n\t6 Form of notice under section 465D of the Crimes Act 1958\n\nFor the purposes of section 465D(2)(b) of the **Crimes Act 1958**, the prescribed form is Form 2 of Schedule 1.\n\nSchedule 1—Forms\n\nFORM 1\n\nRegulation 5\n\nNotice that Seized Property is Being Held\n\n**Crimes Act 1958**—section 465A\n\nYou have received this notice because a magistrate has made a direction affecting property in which you have an interest.\n\nA warrant under section 465 of the **Crimes Act 1958** was issued\n\n| at  [*insert time*]  on  [*insert date*] | by | Magistrate [*insert name*]. |\n| --- | --- | --- |\n\n\nThe warrant was issued to—\n\n| Name, Rank, No. |  |\n| --- | --- |\n| Address |  |\n\n\nThe warrant authorised the seizure of property in connection with a criminal investigation. When the warrant was issued, the magistrate directed under section 465(1B) of the **Crimes Act 1958** that the police officer who applied for the warrant hold or retain specified property seized under the warrant after it was no longer required for evidentiary purposes under that Act. The magistrate made this direction on the basis that the specified property was also ***tainted property*** under the **Confiscation Act 1997**.\n\nThe warrant was executed at [*insert address or description of land or premises*].\n\nWhen the warrant was executed, police seized property in which you have an interest. This property is described below.\n\nThis property is no longer required for evidentiary purposes under the **Crimes Act 1958**. In accordance with the direction of the magistrate, the property will be held by the police and dealt with under the **Confiscation Act 1997**, as if it had been seized under a warrant under section 79 of that Act.\n\nProperty which will be held—\n\n| [*insert description of property*] |\n| --- |\n\n\nProperty seized under a warrant under section 79 of the **Confiscation Act 1997** may be returned to you in certain circumstances under section 97 of that Act.\n\nVictoria Police or the Asset Confiscation Operations business unit in the Department of Justice and Community Safety may be contacted for more information at [*insert contact details*].\n\nFORM 2\n\nRegulation 6\n\nNotice that Seized Property is Being Held\n\n**Crimes Act 1958**—section 465D\n\nYou have received this notice because the Magistrates' Court has made a direction affecting property in which you have an interest.\n\nA warrant under section 465 of the **Crimes Act 1958** was issued\n\n| at [*insert time*]  on [*insert date*] | by | Magistrate [*insert name*]. |\n| --- | --- | --- |\n\n\nThe warrant was issued to—\n\n| Name, Rank, No. |  |\n| --- | --- |\n| Address |  |\n\n\nThe warrant authorised the seizure of property in connection with a criminal investigation. When the warrant was executed, police seized property in which you have an interest. This property is described below.\n\nThe warrant was executed at [*insert address or description of land or premises*].\n\nWhen the warrant was returned to the Magistrates' Court, the Court directed under section 465C of the **Crimes Act 1958** that a police officer hold or retain the property described below after it was no longer required for evidentiary purposes under that Act. The Magistrates' Court made this direction on the basis that this property was also ***tainted property*** under the **Confiscation Act 1997**.\n\nThis property is no longer required for evidentiary purposes. In accordance with the direction of the Magistrates' Court, the property will be held by the police and dealt with under the **Confiscation Act 1997**, as if it had been seized under a warrant under section 79 of that Act.\n\nProperty which will be held—\n\n| [*insert description of property*] |\n| --- |\n\n\nProperty seized under a warrant under section 79 of the **Confiscation Act 1997** may be returned to you in certain circumstances under section 97 of that Act.\n\nVictoria Police or the Asset Confiscation Operations business unit in the Department of Justice and Community Safety may be contacted for more information at [*insert contact details*].\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 Crimes (Confiscation) Regulations 2024, S.R. No. 29/2024 were made on 30 April 2024 by the Governor in Council under section 505A of the **Crimes Act 1958**, No. 6231/1958 and came into operation on 26 May 2024: regulation 3.\n\nThe Crimes (Confiscation) Regulations 2024 will sunset 10 years after the day of making on 30 April 2034 (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\nThere are no amendments made to the Crimes (Confiscation) Regulations 2024 by statutory rules, subordinate instruments and Acts.\n\n3 Explanatory details\n\n1. Reg. 4: S.R. No. 42/2014 as amended by S.R. No. 42/2014. [↑](#endnote-ref-1)","sortOrder":0}],"analysis":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations maintain the same narrow, technical purpose as their 2014 predecessor: prescribing notice forms for confiscation-related property seizures. The scope has not expanded beyond this specific administrative function."},"complexity_factors":["Only 6 regulations total, with minimal substantive content","No defined terms section - relies entirely on definitions in the parent Crimes Act 1958 and Confiscation Act 1997","No conditional logic or nested exceptions - regulations 5 and 6 are simple one-sentence prescriptions of forms","Cross-references are limited to specific section numbers in two parent Acts (sections 465A, 465D, 505A of Crimes Act 1958)","Forms in Schedule 1 are standard template documents with fill-in-the-blank fields rather than complex legal provisions","Revocation of previous regulations (regulation 4) is straightforward with no transitional provisions"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations prescribe the official forms that police must use when notifying people that their seized property is being held for confiscation proceedings.\n\n**Who it affects:**\n\n- **People whose property has been seized** by police under a warrant during a criminal investigation\n- **Victoria Police** officers who execute warrants and handle seized property\n- **Magistrates** who issue directions about holding property\n- The **Asset Confiscation Operations** unit in the Department of Justice and Community Safety\n\n**Why it matters:**\n\nWhen police seize property during a criminal investigation, that property is normally kept only as evidence for the criminal case. But sometimes property is also suspected of being **\"tainted property\"** (property obtained through crime or used in crime) under the *Confiscation Act 1997*. \n\nThese regulations create two standardised notice forms:\n\n- **Form 1**: Used when a **magistrate directs** at the time of issuing the warrant that specific property should be held for confiscation after the criminal case finishes\n- **Form 2**: Used when the **Magistrates' Court directs** after the warrant is returned that property should be held for confiscation\n\nBoth forms tell the property owner:\n- What was seized and when\n- Why it's being held (it's \"tainted property\" under confiscation laws)\n- That it will be dealt with under the *Confiscation Act 1997* as if seized under a confiscation warrant\n- That they may be able to get it back under section 97 of that Act\n- Who to contact for more information\n\n**In short**: These regulations ensure people get clear, consistent written notice when police keep their property for confiscation proceedings instead of returning it after the criminal case ends. They replace the 2014 version of the same regulations."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Regulations do not alter substantive confiscation powers. They replace the 2014 Regulations and standardise notice wording for directions under s465A and s465D of the Crimes Act 1958 (regs 4–6; Schedule 1). No new categories of property, decision‑makers or enforcement powers are created; the instrument is limited to prescribed forms and associated administrative detail."},"complexity_factors":["Narrow procedural scope: prescribes two forms only (regs 5–6; Schedule 1).","Simple structure: six short regulations plus two notice templates (Schedule 1).","Cross‑references to primary Acts: Crimes Act 1958 (s465A, s465D, s465C, s505A) and Confiscation Act 1997 (s79, s97) increase legal linkage though not substantive rules.","Revocation of previous instrument requires transitional awareness (reg 4).","Administrative implementation by police and Asset Confiscation Operations (Forms refer to contact details) but no new decision‑making tests in the instrument itself."],"plain_english_summary":"These Regulations prescribe two standard notice forms (Form 1 and Form 2) for use under sections 465A and 465D of the Crimes Act 1958, replace the 2014 Regulations and commence on 26 May 2024 (regs 2–4, 5–6). Mechanically, the forms inform people with an interest that a magistrate or the Magistrates' Court has directed police to hold seized property and that the property will be dealt with under the Confiscation Act 1997 (Forms; cross‑refs to s79 and s97). Who decides: magistrate/court; who holds/enforces: police/Asset Confiscation Operations; compliance burden: recipients must act to seek return or engage administrative processes (regs 5–6)."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the limited metadata available, this appears to be a standard regulatory instrument replacing or updating prior confiscation regulations, consistent with the original scope of the parent Act. No evidence of scope expansion or contraction is detectable from the provided text."},"complexity_factors":["Operates as subordinate legislation requiring cross-reference to the parent Crimes (Confiscation) Act to be fully understood","Subject matter (asset confiscation) involves intersecting criminal law, property law, and procedural law","Likely contains prescribed forms and technical procedural requirements","Only version history metadata was provided — full operative text was not available for analysis, limiting assessment","Victorian-specific jurisdiction adds a layer for those unfamiliar with state law","Confiscation regimes can affect third parties who had no involvement in the underlying crime"],"plain_english_summary":"These regulations set out the practical rules for how Victoria’s Crimes (Confiscation) Act is applied—prescribing forms, fees, timeframes and procedures for seizing and confiscating assets linked to crime. They guide police, prosecutors, lawyers, affected individuals and third parties on the operational steps for removing criminally‑derived property.\n\nNote: the text supplied appears to be version/metadata rather than the full regulations, so a detailed provision‑by‑provision analysis isn’t possible from this file."}},"importantCases":[],"_links":{"self":"/api/acts/crimes-confiscation-regulations-2024","history":"/api/acts/crimes-confiscation-regulations-2024/history","analysis":"/api/acts/crimes-confiscation-regulations-2024/analysis","conflicts":"/api/acts/crimes-confiscation-regulations-2024/conflicts","importantCases":"/api/acts/crimes-confiscation-regulations-2024/important-cases","documents":"/api/acts/crimes-confiscation-regulations-2024/documents"}}