{"id":"criminal-assets-confiscation-regulations-2021","name":"Criminal Assets Confiscation Regulations 2021","slug":"criminal-assets-confiscation-regulations-2021","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235331,"registerId":"sa-criminal-assets-confiscation-regulations-2021-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Criminal Assets Confiscation Regulations 2021","content":"South Australia\nCriminal Assets Confiscation Regulations 2021\nunder the Criminal Assets Confiscation Act 2005\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tPrescribed enforcement agencies\n5\tDeclaration of institutions as financial institutions\n6\tProtected property\n7\tDeclaration of recognised Australian forfeiture orders\n8\tDeclaration of recognised Australian pecuniary penalty orders\n9\tDeclaration of recognised Australian restraining orders\n10\tDeclaration of foreign offences\n11\tCertificate of Magistrates Court\n12\tPrescribed form of notice of freezing order\n13\tPrescribed form of extension of freezing order\n14\tPrescribed form of cessation of freezing order\n15\tPrescribed form of examination notice\n16\tPrescribed form of duplicate warrant\n17\tPrescribed form of notice\n18\tPrescribed manner of giving notices etc\n19\tPrescribed forms may contain additional information\n20\tPrescribed rate\nSchedule 1—Revocation of Criminal Assets Confiscation Regulations 2006\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Criminal Assets Confiscation Regulations 2021.\n2—Commencement\nThese regulations come into operation on the day on which they are made.\n3—Interpretation\nIn these regulations—\nAct means the Criminal Assets Confiscation Act 2005;\nSouth Australia Police means South Australia Police under the Police Act 1998.\n4—Prescribed enforcement agencies\nFor the purposes of the definition of enforcement agency in section 3(1) of the Act, South Australia Police is prescribed for the purposes of the Act.\n5—Declaration of institutions as financial institutions\nFor the purposes of the definition of financial institution in section 3(1) of the Act, an institution that carries on a business involving—\n\t(a)\tthe acceptance of money on deposit or by way of investment; or\n\t(b)\tthe acceptance of money for the purpose of securing it in a safety deposit box or other safe custody facility,\nis declared to be a financial institution.\n6—Protected property\n\t(1)\tFor the purposes of the definition of protected property in section 3(1) of the Act, the following is declared to be protected property:\n\t(a)\tmoveable contents of premises;\n\t(b)\tpersonal effects;\n\t(c)\tanimals and plants.\n\t(2)\tIn this regulation—\nmotor vehicle has the same meaning as in the Road Traffic Act 1961;\nmoveable contents of premises means contents of premises (not being a fixture), other than the following:\n\t(a)\tartwork;\n\t(b)\tfurniture that is 100 years old or older;\n\t(c)\thydroponic equipment within the meaning of the Hydroponics Industry Control Act 2009;\n\t(d)\tjewellery (not including wedding rings);\n\t(e)\tcash (including foreign currency);\n\t(f)\tgold, silver, platinum and copper;\n\t(g)\tmotor vehicles (not including wheelchairs);\n\t(h)\tboats;\n\t(i)\ttrailers;\n\t(j)\tcaravans;\n\t(k)\tfirearms;\n\t(l)\tstock-in-trade or items used for business purposes;\n\t(m)\tpackaged liquor that has not been opened;\npackaged liquor has the same meaning as in the Liquor Licensing Act 1997;\npersonal effect means an item normally worn or carried on the person but does not include jewellery (other than wedding rings);\npremises includes any structure, building, vessel or place (whether built on or not), and any part of any such structure, building, vessel or place.\n7—Declaration of recognised Australian forfeiture orders\nFor the purposes of the definition of recognised Australian forfeiture order in section 3(1) of the Act, the following orders are declared to be within that definition:\n\t(a)\tan assets forfeiture order under the Criminal Assets Recovery Act 1990 of New South Wales;\n\t(b)\ta forfeiture order under the Confiscation of Proceeds of Crime Act 1989 of New South Wales;\n\t(c)\ta forfeiture order or civil forfeiture order under the Confiscation Act 1997 of Victoria;\n\t(d)\ta forfeiture order or special forfeiture order under the Criminal Proceeds Confiscation Act 2002 of Queensland;\n\t(e)\tan old forfeiture order or old special forfeiture order within the meaning of the Criminal Proceeds Confiscation Act 2002 of Queensland;\n\t(f)\tan order under the Criminal Property Confiscation Act 2000 of Western Australia of a nature similar to a forfeiture order under the Act;\n\t(g)\ta forfeiture order under the Crimes (Confiscation of Profits) Act 1993 of Tasmania;\n\t(h)\ta forfeiture order under the Criminal Property Forfeiture Act 2002 of the Northern Territory;\n\t(i)\ta forfeiture order under the Crimes (Forfeiture of Proceeds) Act 1988 of the Northern Territory (as in force immediately before the repeal of that Act);\n\t(j)\ta forfeiture order under the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory;\n\t(k)\ta forfeiture order under the Proceeds of Crime Act 1991 of the Australian Capital Territory (as in force immediately before the repeal of that Act);\n\t(l)\ta forfeiture order under the Proceeds of Crime Act 2002 of the Commonwealth;\n\t(m)\ta forfeiture order under the Proceeds of Crime Act 1987 of the Commonwealth.\n8—Declaration of recognised Australian pecuniary penalty orders\nFor the purposes of the definition of recognised Australian pecuniary penalty order in section 3(1) of the Act, the following orders are declared to be within that definition:\n\t(a)\ta proceeds assessment order under the Criminal Assets Recovery Act 1990 of New South Wales;\n\t(b)\ta drug proceeds order or pecuniary penalty order under the Confiscation of Proceeds of Crime Act 1989 of New South Wales;\n\t(c)\ta pecuniary penalty order under the Confiscation Act 1997 of Victoria;\n\t(d)\ta pecuniary penalty order under the Criminal Proceeds Confiscation Act 2002 of Queensland;\n\t(e)\tan old pecuniary penalty order within the meaning of the Criminal Proceeds Confiscation Act 2002 of Queensland;\n\t(f)\ta criminal benefits order under the Criminal Property Confiscation Act 2000 of Western Australia or other order under that Act of a nature similar to a pecuniary penalty order under the Act;\n\t(g)\ta pecuniary penalty order under the Crimes (Confiscation of Profits) Act 1993 of Tasmania;\n\t(h)\ta criminal benefits declaration under the Criminal Property Forfeiture Act 2002 of the Northern Territory;\n\t(i)\ta pecuniary penalty order under the Crimes (Forfeiture of Proceeds) Act 1988 of the Northern Territory (as in force immediately before the repeal of that Act);\n\t(j)\ta penalty order under the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory;\n\t(k)\ta pecuniary penalty order under the Proceeds of Crime Act 1991 of the Australian Capital Territory (as in force immediately before the repeal of that Act);\n\t(l)\ta pecuniary penalty order under the Proceeds of Crime Act 2002 of the Commonwealth;\n\t(m)\ta pecuniary penalty order under the Proceeds of Crime Act 1987 of the Commonwealth.\n9—Declaration of recognised Australian restraining orders\nFor the purposes of the definition of recognised Australian restraining order in section 3(1) of the Act, the following orders are declared to be within that definition:\n\t(a)\ta restraining order under the Criminal Assets Recovery Act 1990 of New South Wales;\n\t(b)\ta restraining order under the Confiscation of Proceeds of Crime Act 1989 of New South Wales;\n\t(c)\ta restraining order under the Confiscation Act 1997 of Victoria;\n\t(d)\ta civil forfeiture restraining order under the Confiscation Act 1997 of Victoria;\n\t(e)\ta restraining order under the Criminal Proceeds Confiscation Act 2002 of Queensland;\n\t(f)\tan old restraining order within the meaning of the Criminal Proceeds Confiscation Act 2002 of Queensland;\n\t(g)\ta freezing order under the Criminal Property Confiscation Act 2000 of Western Australia;\n\t(h)\ta restraining order under the Crimes (Confiscation of Profits) Act 1993 of Tasmania;\n\t(i)\ta restraining order under the Criminal Property Forfeiture Act 2002 of the Northern Territory;\n\t(j)\ta restraining order under the Crimes (Forfeiture of Proceeds) Act 1988 of the Northern Territory (as in force immediately before the repeal of that Act);\n\t(k)\ta restraining order under the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory;\n\t(l)\ta restraining order under the Proceeds of Crime Act 1991 of the Australian Capital Territory (as in force immediately before the repeal of that Act);\n\t(m)\ta restraining order under the Proceeds of Crime Act 2002 of the Commonwealth;\n\t(n)\ta restraining order under the Proceeds of Crime Act 1987 of the Commonwealth.\n10—Declaration of foreign offences\n\t(1)\tFor the purposes of paragraph (d) of the definition of serious offence in section 3(1) of the Act, a foreign offence triable by the United States Military Commission is declared to be within that definition.\n\t(2)\tIn this regulation—\nUnited States Military Commission means the United States Military Commission constituted under Title 10 USC Sec 948d of the Military Commissions Act 2006 of the United States of America.\n11—Certificate of Magistrates Court\n\t(1)\tFor the purposes of section 14(2)(a) of the Act, the certificate issued by the Principal Registrar of the Magistrates Court must contain the following particulars in relation to the order:\n\t(a)\tthe matter number in the Magistrates Court;\n\t(b)\tthe date on which the order was made;\n\t(c)\tthe name and address of the parties to the proceedings in which the order was made;\n\t(d)\tthe amount to be paid pursuant to the order.\n\t(2)\tFor the purposes of section 14(2)(b) of the Act, a certificate under that section may be registered by lodging the certificate in the District Court.\n12—Prescribed form of notice of freezing order\nFor the purposes of section 19(2)(b) of the Act, a notice containing the following information is prescribed:\n\t(a)\tthe date on which and time at which the order was made;\n\t(b)\tparticulars of the account to which the order applies;\n\t(c)\tthe terms of the order;\n\t(d)\ta statement specifying that the order takes effect on the date and at the time that the notice is given to the financial institution;\n\t(e)\tan explanation of the operation of section 21(1) of the Act.\n13—Prescribed form of extension of freezing order\nFor the purposes of section 21(5) of the Act, a notice to which a copy of the original freezing order has been annexed and that contains the following information is prescribed:\n\t(a)\tthe date on which and time at which the order extending the duration of the original freezing order was made;\n\t(b)\tan explanation of the operation of section 21(6) of the Act.\n14—Prescribed form of cessation of freezing order\nFor the purposes of section 21(6) of the Act, a notice containing the following information is prescribed:\n\t(a)\tparticulars of the order to which the notice relates;\n\t(b)\ta statement specifying the date on which and time at which the order ceased to apply.\n15—Prescribed form of examination notice\nFor the purposes of section 134(1)(a) of the Act, a notice containing the following information is prescribed:\n\t(a)\tthe name of the person to whom the notice is addressed;\n\t(b)\tthe court that made the examination order relating to the person and the date of that order;\n\t(c)\ta statement requiring the named person to attend an examination at a specified time and place;\n\t(d)\ta statement indicating that failure to attend the examination at the specified time and place is an offence under the Criminal Assets Confiscation Act 2005;\n\t(e)\tthe name and telephone number of a contact person nominated by the DPP to handle any queries relating to the notice;\n\t(f)\tthe identity of the person to whose affairs the examination relates;\n\t(g)\tif the notice requires the person to produce documents at the examination—a description of the documents.\n16—Prescribed form of duplicate warrant\nFor the purposes of section 173(4)(g) of the Act, the duplicate warrant must comply with the following requirements:\n\t(a)\tthe duplicate warrant must specify that it is a duplicate warrant;\n\t(b)\tthe duplicate warrant must specify—\n\t(i)\tthe date and time at which the applicant applied for the warrant by telephone, and the time and date at which that telephone call was terminated; and\n\t(ii)\tthe date and time at which the duplicate warrant and the supporting affidavit were forwarded to the Magistrate who issued the warrant.\n17—Prescribed form of notice\nFor the purposes of section 174(5)(a) of the Act, the prescribed form of notice is any notice in writing containing the information specified in section 174(5)(a)(i) to (v) of the Act.\n18—Prescribed manner of giving notices etc\nFor the purposes of section 216 of the Act, the following additional manners of giving or serving a notice, order or other document are prescribed:\n\t(a)\tin the case of a notice, order or other document to be given to or served on a corporation—\n\t(i)\tby leaving it for the corporation at the registered address of the corporation; or\n\t(ii)\tby posting it to the corporation at the registered address of the corporation;\n\t(b)\tin any case—\n\t(i)\tby a means indicated by the person as being an available means of service (such as by fax or by delivering it, addressed to the person, to the facilities of a document exchange); or\n\t(ii)\tby any other means in accordance with Chapter 5 Part 2 of the Uniform Civil Rules 2020 made under the Supreme Court Act 1935, the District Court Act 1991 and the Magistrates Court Act 1991 and as in force from time to time.\n19—Prescribed forms may contain additional information\nIf a provision of these regulations prescribes the form of any notice, order or other document required or authorised by the Act to be given to or served on a person, the notice, order or other document may contain information in addition to the information required to be included by these regulations.\n20—Prescribed rate\n\t(1)\tFor the purposes of section 228 of the Act, the prescribed rate is a simple interest rate equal to 0.2 per cent less than the average of the cash rates applied by the Reserve Bank of Australia over the relevant period (expressed as an annual rate and applied with respect to the relevant period).\n\t(2)\tIn this regulation—\nrelevant period, in relation to seized or forfeited money, means the period commencing on the date of the seizure or forfeiture and ending when the money is paid back to the person, or the person compensated in respect of the money, under the Act.\nSchedule 1—Revocation of Criminal Assets Confiscation Regulations 2006\nThe Criminal Assets Confiscation Regulations 2006 are revoked.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2021\n58\nGazette 27.5.2021 p1492 \n27.5.2021: r 2\n","sortOrder":0}],"analysis":{"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"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative content was retrieved. The page returned a 404-style error from the South Australian legislation website, meaning no text of the Criminal Assets Confiscation Regulations 2021 was available for review."},"complexity_factors":["No legislative text was available for analysis — the submission contains only a website error page","Cannot assess definitional complexity, cross-referencing, or technical provisions without actual content","Score of 1 reflects absence of analysable material, not simplicity of the underlying law"],"plain_english_summary":"The Criminal Assets Confiscation Regulations 2021 are subordinate rules supporting South Australia’s Criminal Assets Confiscation Act. They likely set out procedural details, forms, fees and administrative steps for seizing and managing assets linked to crime.\n\nThey affect accused persons, law enforcement, courts and potentially innocent third parties holding connected property — so they can directly impact property rights; seek legal advice if you think you’re affected."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Schedule 1 revokes the Criminal Assets Confiscation Regulations 2006 and re‑establishes a consolidated set of prescriptions: it updates who is prescribed as the enforcement agency, definitions of financial and protected property, recognition lists for interstate orders, prescribed forms and service methods, and the interest formula for returned money. The instrument therefore replaces the prior regulatory detail supporting the Act and resets the administrative and procedural scope under that Act."},"complexity_factors":["Cross‑jurisdictional recognition of many interstate forfeiture, pecuniary penalty and restraining orders (Regs 7–9) adds mapping and verification work for courts and enforcement agencies.","Numerous prescribed forms and mandatory content for notices, warrants and examination notices (Regs 11–16, 12–15) create administrative and compliance burdens for agencies and affected persons.","Detailed definition and exclusions for 'moveable contents' and 'protected property' (Reg 6) require factual assessments at seizures and forfeitures.","Prescribed service methods expand acceptable electronic/postal service and incorporate Uniform Civil Rules (Reg 18), requiring organisations to track alternate service channels.","Interest calculation for returned seized money references Reserve Bank cash rates and a fixed formula (Reg 20), requiring historic rate computation for relevant periods.","Revocation of the 2006 Regulations and re‑enactment of rules (Schedule 1) introduces transition and document‑management tasks for practitioners and agencies."],"plain_english_summary":"These regulations provide the procedural and definitional detail that supports the Criminal Assets Confiscation Act 2005 in South Australia. They prescribe the enforcement agency (South Australia Police), what counts as financial and protected property, which interstate forfeiture/penalty/restraining orders are recognised, forms and methods for notices and warrants, and an interest‑rate formula for returned seized money. They affect police, courts, financial institutions, property holders and persons subject to confiscation by clarifying who decides, what must be recorded, and the administrative and compliance steps required."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations appear to maintain the original scope of the 2005 Act. They are purely machinery provisions that operationalise the parent Act without expanding its substantive reach. The revocation of the 2006 Regulations and replacement with these 2021 Regulations represents a standard update rather than scope creep."},"complexity_factors":["20 regulations of moderate length, mostly declaratory in nature","Extensive cross-referencing to other jurisdictions' legislation (7-13 different Acts per regulation in Parts 7-9)","Nested definitions in Regulation 6 (protected property) with 13 sub-exclusions and multiple incorporated definitions from other SA Acts","Multiple incorporated definitions by reference: Road Traffic Act 1961, Hydroponics Industry Control Act 2009, Liquor Licensing Act 1997, Uniform Civil Rules 2020","Prescriptive form requirements with 6-7 mandatory fields per form (Regulations 12-17)","Mathematical formula for interest calculation requiring external data (RBA cash rates)","Unusual international element: specific reference to US Military Commissions Act 2006"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations are the \"machinery\" that makes South Australia's Criminal Assets Confiscation Act 2005 actually work in practice. They fill in the practical details that the main Act leaves blank — like what forms to use, who can enforce the law, and which property is off-limits for seizure.\n\n**Key things it covers:**\n\n* **Who can act:** South Australia Police is officially named as the \"enforcement agency\" that can use these powers.\n* **What counts as a \"financial institution\":** Banks and similar businesses that take deposits or offer safe deposit boxes.\n* **Protected property:** Lists everyday items that generally **cannot** be seized — like your clothes, pets, household contents, and wedding rings. However, it specifically excludes valuable items like artwork over 100 years old, jewellery (except wedding rings), cash, cars, boats, firearms, and business stock.\n* **Cross-border recognition:** Recognises equivalent confiscation orders from every other Australian state and territory, plus Commonwealth orders. This means if another jurisdiction freezes or forfeits criminal assets, South Australia will treat those orders as valid here.\n* **Foreign offences:** Unusually, it specifically includes offences triable by the United States Military Commission (established under US law for terrorism-related offences) as \"serious offences\" for confiscation purposes.\n* **Forms and procedures:** Prescribes exactly what information must appear on notices for freezing orders, examination notices, warrants, and other court documents — down to details like \"the telephone number of a contact person.\"\n* **Interest on seized money:** Sets the interest rate payable when the government holds seized money (0.2% below the RBA cash rate average).\n* **How to serve documents:** Allows service on companies at their registered address, and permits modern methods like fax or document exchange.\n\n**Who it affects:**\n\n* Police and prosecutors using confiscation powers\n* People whose assets are targeted by confiscation proceedings\n* Financial institutions that receive freezing orders\n* Courts handling these matters\n\n**Why it matters:**\n\nWithout these regulations, the main Act would be unworkable. The regulations strike a balance between giving law enforcement tools to target crime proceeds and protecting basic personal possessions from seizure. The cross-border recognition provisions are particularly important for organised crime investigations that span multiple jurisdictions."}},"importantCases":[],"_links":{"self":"/api/acts/criminal-assets-confiscation-regulations-2021","history":"/api/acts/criminal-assets-confiscation-regulations-2021/history","analysis":"/api/acts/criminal-assets-confiscation-regulations-2021/analysis","conflicts":"/api/acts/criminal-assets-confiscation-regulations-2021/conflicts","importantCases":"/api/acts/criminal-assets-confiscation-regulations-2021/important-cases","documents":"/api/acts/criminal-assets-confiscation-regulations-2021/documents"}}