{"id":"criminal-property-confiscation-regulations-2000","name":"Criminal Property Confiscation Regulations 2000","slug":"criminal-property-confiscation-regulations-2000","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174470,"registerId":"wa-criminal-property-confiscation-regulations-2000-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Criminal Property Confiscation Regulations 2000","content":"![Crest]()Western Australia\n\nCriminal Property Confiscation Act 2000\n\nCriminal Property Confiscation Regulations 2000\n\nWestern Australia\n\nCriminal Property Confiscation Regulations 2000\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Corresponding laws 1\n\n4. Interstate confiscation declarations 2\n\n5. Interstate criminal benefits declarations 4\n\n6. Interstate freezing orders 5\n\n7. Repeal 7\n\n8. Savings — interstate orders 7\n\n9. Savings — restraining orders 7\n\nNotes\n\nCompilation table 9\n\nDefined terms\n\n  \n\nCriminal Property Confiscation Act 2000\n\nCriminal Property Confiscation Regulations 2000\n\n##### 1. Citation\n\nThese regulations may be cited as the *Criminal Property Confiscation Regulations 2000*.\n\n##### 2. Commencement\n\nThese regulations come into operation on the day on which the *Criminal Property Confiscation Act 2000* comes into operation.\n\n##### 3. Corresponding laws\n\nFor the purposes of the definition of “corresponding law” in the Glossary to the Act, each of the following laws, as amended from time to time, is prescribed as a law that corresponds to this Act —\n\n(a) the *Proceeds of Crime Act 1991* of the Australian Capital Territory;\n\n(b) the *Crimes (Confiscation of Profits) Act 1985* of New South Wales;\n\n(c) the *Confiscation of Proceeds of Crime Act 1989* of New South Wales;\n\n(d) the *Criminal Assets Recovery Act 1990* of New South Wales;\n\n(e) the *Criminal Property Forfeiture Act 2002* of the Northern Territory;\n\n(f) the *Crimes (Confiscation of Profits) Act 1989* of Queensland;\n\n(g) the *Crimes (Confiscation) Act 1989* of Queensland;\n\n(ha) the *Criminal Proceeds Confiscation Act 2002* (Queensland);\n\n(h) the *Crimes (Confiscation of Profits) Act 1986* of South Australia;\n\n(i) the *Criminal Assets Confiscation Act 1996* of South Australia;\n\n(j) the *Crime (Confiscation of Profits) Act 1993* of Tasmania;\n\n(k) the *Crimes (Confiscation of Profits) Act 1986* of Victoria;\n\n(l) the *Confiscation Act 1997* of Victoria.\n\n[Regulation 3 amended: Gazette 23 Apr 2004 p. 1315; 30 Dec 2014 p. 5505.]\n\n##### 4. Interstate confiscation declarations\n\nFor the purposes of the definition of “interstate confiscation declaration” in the Glossary to the Act the following are prescribed —\n\n(a) a forfeiture order under section 19(1) of the *Proceeds of Crime Act 1991* of the Australian Capital Territory;\n\n(b) an order that property is forfeited under section 28 of the *Proceeds of Crime Act 1991* of the Australian Capital Territory;\n\n(c) a forfeiture order under section 5(1) of the *Crimes (Confiscation of Profits) Act 1985* of New South Wales;\n\n(d) a drug proceeds order under section 29(1) of the *Confiscation of Proceeds of Crime Act 1989* of New South Wales;\n\n(e) a forfeiture order under section 18(1) of the *Confiscation of Proceeds of Crime Act 1989* of New South Wales;\n\n(f) an assets forfeiture order under section 22 of the *Criminal Assets Recovery Act 1990* of New South Wales;\n\n(g) a forfeiture declaration under section 94 of the *Criminal Property Forfeiture Act 2002* of the Northern Territory;\n\n(ga) a forfeiture order under section 96, 97, 99, 100 or 101 of the *Criminal Property Forfeiture Act 2002* of the Northern Territory;\n\n(h) a forfeiture order under section 8(1) of the *Crimes (Confiscation of Profits) Act 1989* of Queensland;\n\n(i) a special forfeiture order under section 60 of the *Crimes (Confiscation of Profits) Act 1989* of Queensland;\n\n(j) a forfeiture order under section 23(1) of the *Crimes (Confiscation) Act 1989* of Queensland;\n\n(k) a special forfeiture order under section 86(1) of the *Crimes (Confiscation) Act 1989* of Queensland;\n\n(la) a forfeiture order under *Criminal Proceeds Confiscation Act 2002* (Queensland) section 58;\n\n(lb) a serious drug offender confiscation order under *Criminal Proceeds Confiscation Act 2002* (Queensland) section 93ZZB;\n\n(lc) a forfeiture order under *Criminal Proceeds Confiscation Act 2002* (Queensland) section 151;\n\n(ld) a tainted property substitution declaration under *Criminal Proceeds Confiscation Act 2002* (Queensland) section 153D;\n\n(le) a direction under *Criminal Proceeds Confiscation Act 2002* (Queensland) section 164;\n\n(lf) a special forfeiture order under *Criminal Proceeds Confiscation Act 2002* (Queensland) section 202;\n\n(l) a forfeiture order under section 5(1) of the *Crimes (Confiscation of Profits) Act 1986* of South Australia;\n\n(m) a forfeiture order under section 8 or 9 of the *Criminal Assets Confiscation Act 1996* of South Australia;\n\n(n) a forfeiture order under section 16(1) of the *Crime (Confiscation of Profits) Act 1993* of Tasmania;\n\n(na) a wealth forfeiture order under the *Crime (Confiscation of Profits) Act 1993* (Tas) section 152;\n\n(o) a forfeiture order under section 7(1) of the *Crimes (Confiscation of Profits) Act 1986* of Victoria;\n\n(p) a forfeiture order under section 33 or 36 of the *Confiscation Act 1997* of Victoria;\n\n(q) a civil forfeiture order under section 38 of the *Confiscation Act 1997* of Victoria.\n\n[Regulation 4 amended: Gazette 23 Apr 2004 p. 1316; 30 Dec 2014 p. 5505; SL 2025/180 r. 4.]\n\n##### 5. Interstate criminal benefits declarations\n\nFor the purposes of the definition of “interstate criminal benefits declaration” in the Glossary to the Act the following are prescribed —\n\n(a) a pecuniary penalty order under section 25(1) of the *Proceeds of Crime Act 1991* of the Australian Capital Territory;\n\n(b) a pecuniary penalty order under section 10(1) of the *Crimes (Confiscation of Profits) Act 1985* of New South Wales;\n\n(c) a pecuniary penalty order under section 24(1) of the *Confiscation of Proceeds of Crime Act 1989* of New South Wales;\n\n(d) a drug proceeds order under section 29 of the *Confiscation of Proceeds of Crime Act 1989* of New South Wales;\n\n(e) a proceeds assessment order under section 27 of the *Criminal Assets Recovery Act 1990* of New South Wales;\n\n[(f) deleted]\n\n(g) a pecuniary penalty order under section 13(1) of the *Crimes (Confiscation of Profits) Act 1989* of Queensland;\n\n(h) a pecuniary penalty order under section 34(1) of the *Crimes (Confiscation) Act 1989 of Queensland*;\n\n(ia) a proceeds assessment order under *Criminal Proceeds Confiscation Act 2002* (Queensland) section 78;\n\n(ib) an unexplained wealth order under *Criminal Proceeds Confiscation Act 2002* (Queensland) section 89G;\n\n(ic) a pecuniary penalty order under *Criminal Proceeds Confiscation Act 2002* (Queensland) section 184;\n\n(id) a special forfeiture order under *Criminal Proceeds Confiscation Act 2002* (Queensland) section 202;\n\n(i) an order under section 9 of the *Criminal Assets Confiscation Act 1996* of South Australia;\n\n(j) a pecuniary penalty order under section 21(1) of the *Crime (Confiscation of Profits) Act 1993* of Tasmania;\n\n(ja) an unexplained wealth declaration under the *Crime (Confiscation of Profits) Act 1993* (Tas) section 142;\n\n(k) a pecuniary penalty order under section 12(1) of the *Crimes (Confiscation of Profits) Act 1986* of Victoria;\n\n(l) a pecuniary penalty order under section 59 or 64 of the *Confiscation Act 1997* of Victoria.\n\n[Regulation 5 amended: Gazette 23 Apr 2004 p. 1316; 30 Dec 2014 p. 5505; SL 2025/180 r. 5.]\n\n##### 6. Interstate freezing orders\n\nFor the purposes of the definition of “interstate freezing order” in the Glossary to the Act the following are prescribed —\n\n(a) a restraining order under section 45(2) of the *Proceeds of Crime Act 1991* of the Australian Capital Territory;\n\n(b) an order under section 51 of the *Proceeds of Crime Act 1991* of the Australian Capital Territory varying an order under section 45(2) of the Act;\n\n(c) a restraining order under section 12(2) of the *Crimes (Confiscation of Profits) Act 1985* of New South Wales;\n\n(d) a restraining order under section 43 of the *Confiscation of Proceeds of Crime Act 1989* of New South Wales;\n\n(e) a restraining order under section 10 of the *Criminal Assets Recovery Act 1990* of New South Wales;\n\n(f) a restraining order under section 43 or 44 of the *Criminal Property Forfeiture Act 2002* of the Northern Territory;\n\n(g) a restraining order under section 17 of the *Crimes (Confiscation of Profits) Act 1989* of Queensland;\n\n(h) a restraining order under section 40 of the *Crimes (Confiscation) Act 1989* of Queensland;\n\n(i) an order under section 45 of the *Crimes (Confiscation) Act 1989* of Queensland varying an order under section 40 of the Act;\n\n(ja) a restraining order under *Criminal Proceeds Confiscation Act 2002* (Queensland) section 31;\n\n(jb) a restraining order under *Criminal Proceeds Confiscation Act 2002* (Queensland) section 93M;\n\n(jc) a restraining order under *Criminal Proceeds Confiscation Act 2002* (Queensland) section 122;\n\n(j) a sequestration order under section 6(1) of the *Crimes (Confiscation of Profits) Act 1986* of South Australia;\n\n(k) a restraining order under section 15 of the *Criminal Assets Confiscation Act 1996* of South Australia;\n\n(l) a restraining order under section 26(2) of the *Crime (Confiscation of Profits) Act 1993* of Tasmania;\n\n(la) a wealth‑restraining order under the *Crime (Confiscation of Profits) Act 1993* (Tas) section 118;\n\n(m) a restraining order made under section 16 of the *Crimes (Confiscation of Profits) Act 1986* of Victoria;\n\n(n) a restraining order under section 14 or 18 of the *Confiscation Act 1997* of Victoria.\n\n[Regulation 6 amended: Gazette 23 Apr 2004 p. 1316; 30 Dec 2014 p. 5506; SL 2025/180 r. 6.]\n\n##### 7. Repeal\n\nThe following regulations are repealed —\n\n(a) the *Crimes (Confiscation of Profits) (Corresponding Laws) Regulations 1990*;\n\n(b) the *Crimes (Confiscation of Profits) (General) Regulations 1994*.\n\n##### 8. Savings — interstate orders\n\n(1) Despite the repeal effected by regulation 7(a), the *Crimes (Confiscation of Profits) (Corresponding Laws) Regulations 1990* as in force before the commencement of these regulations continue to apply in relation to any interstate forfeiture order or interstate restraining order to which Part 10 of the *Criminal Property Confiscation Act 2000* applies under section 7(2) of the *Criminal Property Confiscation (Consequential Provisions) Act 2000*.\n\n(2) In subregulation (1) —\n\ninterstate forfeiture order has the same meaning as it has in the *Crimes (Confiscation of Profits) Act 1988*;\n\ninterstate restraining order has the same meaning as it has in the *Crimes (Confiscation of Profits) Act 1988*.\n\n##### 9. Savings — restraining orders\n\n(1) Despite the repeal effected by regulation 7(b), the *Crimes (Confiscation of Profits) (General) Regulations 1994* continue to apply in relation to a restraining order that has effect under section 7(1) of the *Criminal Property Confiscation (Consequential Provisions) Act 2000.*\n\n(2) In subregulation (1) —\n\nrestraining order has the same meaning as in the *Crimes (Confiscation of Profits) Act 1988*.\n\n![]()\n\nNotes\n\nThis is a compilation of the *Criminal Property Confiscation Regulations 2000* and includes the amendments made by other written laws. For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Criminal Property Confiscation Regulations 2000* | 19 Dec 2000 p. 7263‑9 | 1 Jan 2001 (see r. 2 and *Gazette* 29 Dec 2000 p. 7903) |\n| *Criminal Property Confiscation Amendment Regulations 2004* | 23 Apr 2004 p. 1315‑16 | 23 Apr 2004 |\n| *Criminal Property Confiscation Amendment Regulations 2014* | 30 Dec 2014 p. 5504‑6 | r. 1 and 2: 30 Dec 2014 (see r. 2(a));   Regulations other than r. 1 and 2: 31 Dec 2014 (see r. 2(b)) |\n| *Criminal Property Confiscation Amendment Regulations 2025* | SL 2025/180 29 Oct 2025 | r. 1 and 2: 29 Oct 2025 (see r. 2(a));   Regulations other than r. 1 and 2: 30 Oct 2025 (see r. 2(b)) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\ninterstate forfeiture order 8(2)\n\ninterstate restraining order 8(2)\n\nrestraining order 9(2)\n\n© State of Western Australia 2025.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2025.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The regulations have been expanded since first made to recognise additional interstate statutes and specific kinds of orders. Early versions listed corresponding laws and a narrower set of orders; later amendments (noted in the instrument — regs 3–6 amended in 2004, 2014 and 2025) added newer statutes and particular orders (for example, provisions from the Queensland Criminal Proceeds Confiscation Act 2002 such as unexplained wealth and proceeds assessment orders, and additional Northern Territory and other State provisions). Mechanically the instrument's function remained the same (cross‑jurisdictional recognition), but its scope has grown to cover more categories of interstate confiscation, criminal benefits and freezing orders as other jurisdictions created new statutory mechanisms."},"complexity_factors":["Short instrument (9 regulations) with narrow subject matter (interstate recognition and savings)","Lists of numerous interstate Acts and specific sections prescribed (regs 3–6) — many external cross‑references","Several amendments over time updating the lists (2004, 2014, 2025), requiring ongoing maintenance","Cross-references to external Acts and particular sections within those Acts (e.g. specific sections in Queensland, NT, NSW statutes)","Savings and repeal provisions that preserve effect of prior regulations for existing orders (regs 7–9) — conditional notional complexity","Few internal defined terms; primary complexity arises from external referents rather than internal conditional logic"],"plain_english_summary":"**What these regulations do (mechanics)\n\n- These regulations identify which interstate laws and court orders from other Australian jurisdictions Western Australia will recognise and treat as equivalent to its own confiscation and freezing orders. In practice that means certain forfeiture orders, pecuniary penalty orders, restraining (freezing) orders and similar instruments made in other States and Territories can be given legal effect in Western Australia under the Criminal Property Confiscation Act 2000 (see regs 3–6).\n\n- The regulations also set the citation and commencement date (regs 1–2) and repeal two earlier sets of regulations while saving some existing interstate and restraining orders from being affected by that repeal (regs 7–9).\n\nWho is affected\n\n- People and entities whose property is subject to confiscation, pecuniary penalties or restraining (freezing) orders issued in other Australian jurisdictions, if those orders are to be enforced or recognised in Western Australia (regs 4–6).\n- Western Australian authorities that give effect to interstate confiscation and freezing orders (for example, police, prosecuting agencies and courts tasked with registering or enforcing interstate orders).\n- Courts and agencies in other States and Territories whose orders are prescribed here — their specified orders are capable of being recognised in WA.\n\nWhy it matters (purpose-claim and practical effect)\n\n- The regulations implement cross‑jurisdictional recognition: they make clear which interstate instruments correspond to the WA regime so that property tied up by criminal or civil-forfeiture processes elsewhere can be frozen, registered, or confiscated in WA. The regulations therefore facilitate interstate enforcement of confiscation and restraint measures (see regs 3–6).\n\nAnalyst note testing the purpose-claim against costs and incentives\n\n- Benefits and incentives: The measure lowers a practical barrier to enforcing confiscation orders across borders. Originating jurisdictions gain greater utility from orders they make because those orders can be enforced in WA; victims or governments seeking recovery can extend reach to assets located in WA (regs 4–6).\n\n- Who pays / who bears cost: Individuals and entities whose property is the subject of an interstate order bear the direct legal and economic cost (loss of assets, legal fees). The WA government bears administrative costs of registering and enforcing foreign orders (court time, enforcement action). Commercial parties that hold or deal with affected assets (banks, real-estate agents) face compliance tasks (freezing, disclosure) when orders are recognised.\n\n- Decision‑making and discretion: This instrument is largely declaratory — it prescribes which interstate laws and specific orders are to be treated as corresponding or as interstate orders for the purposes of the WA Act (regs 3–6). The originating court or agency in the other jurisdiction decides to make the order; WA courts and officials decide how to register and enforce it in WA under the WA Act and its procedures.\n\n- Compliance burden and legal risk: For affected owners, there is risk of parallel processes in multiple jurisdictions and potential need for legal representation in WA even if the underlying proceedings were elsewhere. For WA agencies, accurate mapping to the prescribed interstate provisions and keeping the regulation list up to date are administrative tasks (see amendments noted on regs 3–6).\n\n- Implementation risks and substitution effects: The regulations rely on a clear one‑to‑one mapping of specific statutory orders in other jurisdictions to WA concepts. If other jurisdictions change their laws or create new kinds of orders, those instruments must be added or amended here (the regulation record shows such updates), otherwise a foreign instrument may not be recognised automatically. That creates a continuing maintenance burden.\n\nConcrete mechanics (who pays, who decides, what behaviour changes)\n\n- Who pays: owners of property subject to interstate confiscation or restraining orders (regs 4–6) pay by losing access to property and paying legal costs; WA government bears enforcement administration costs.\n- Who decides: courts or agencies in the originating State/Territory make the initial confiscation, penalty or restraining orders; WA courts/agencies decide on registration, recognition and enforcement in WA under the Criminal Property Confiscation Act and these regulations (regs 3–6, 8–9 on savings for existing orders).\n- Behaviour changes: the regulations make it more likely that persons will expect confiscation orders made interstate to be effective in WA; financial institutions and property holders in WA will need to respond to interstate freezing/confiscation notices that match the prescribed instruments.\n\nKey statutory hooks to look at\n\n- List of corresponding laws that WA treats as equivalent for the Act (reg 3).\n- Lists of specific interstate orders prescribed as interstate confiscation declarations, criminal benefits declarations, and freezing (restraining) orders (regs 4–6).\n- Repeal of older regulations with savings so earlier orders keep effect (regs 7–9).\n\nPractical takeaway\n\n- These regulations do not create new confiscation powers themselves; they make the WA confiscation framework operate across state and territorial lines by naming which foreign statutes and orders are recognised in WA. That recognition reduces legal uncertainty about which interstate instruments can be enforced in WA, while imposing administrative and compliance tasks on both enforcement agencies and affected property holders (see regs 3–6, 8–9)."},"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":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly scoped to their original purpose: prescribing corresponding laws and interstate orders for mutual recognition under the Criminal Property Confiscation Act 2000. While the lists have expanded over time to include newer legislation from other states (particularly Queensland's 2002 Act and recent amendments), this represents natural evolution within the original framework rather than scope creep. The instrument has not acquired new substantive functions beyond its initial design as a recognition mechanism."},"complexity_factors":["The regulations are short (9 regulations total) and highly structured as lists.","No conditional logic or nested exceptions – each regulation performs a single, straightforward prescription function.","Extensive cross-referencing to other jurisdictions' legislation, but this is purely enumerative rather than interpretive (listing specific section numbers from 12+ other Acts).","Minimal defined terms (only 3 defined terms in the entire instrument).","Savings provisions (regulations 8 and 9) are straightforward transitional rules preserving old regulations for specific existing orders.","Content is primarily a lookup table mapping interstate legal instruments to WA definitions."],"plain_english_summary":"These regulations support Western Australia's main law for taking away property and money linked to crime (the Criminal Property Confiscation Act 2000). They create a system for recognising and enforcing court orders from other Australian states and territories that do similar things.\n\n**What this means in practice:**\n\n*   **Cross-border crime fighting:** If someone in NSW, Victoria, Queensland, or elsewhere has their assets frozen or confiscated because of suspected criminal activity, Western Australia will recognise those court orders and help enforce them here.\n*   **Three types of orders covered:**\n    *   **Confiscation declarations** – orders that permanently take away property (like houses, cars, or cash) because it's linked to crime.\n    *   **Criminal benefits declarations** – orders that force someone to pay money equal to the profits they made from illegal activities (even if they spent the original money).\n    *   **Freezing orders** – temporary court orders that stop someone from selling, hiding, or moving assets while investigations or court cases are ongoing.\n\n**Who it affects:**\n\n*   People with assets in WA who are subject to confiscation proceedings in other states.\n*   Law enforcement agencies (like the WA Police) who need to enforce interstate orders.\n*   Courts that must recognise and register orders from other jurisdictions.\n\n**Why it matters:**\nCriminals often move assets across state borders to hide them. These regulations close that loophole by ensuring WA respects and enforces other states' confiscation orders. The regulations list exactly which laws from each state and territory count as \"corresponding laws\" and specify which specific court orders from those laws WA will recognise."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative content was retrieved. The submission contained only a broken-link error page, not the text of the Criminal Property Confiscation Regulations 2000."},"complexity_factors":["No legislative content was available to analyse — the source page returned a 'page not found' error message only","Complexity cannot be meaningfully assessed without access to the actual regulatory text"],"plain_english_summary":"**No legislation content could be retrieved.**\n\nThe page that was supposed to contain the *Criminal Property Confiscation Regulations 2000* (Western Australia) is no longer available at the requested web address. The content has not loaded — only an error message and a standard government acknowledgement of country were returned.\n\n**What this means for you:** No analysis of how this law affects you can be provided based on the supplied text. To find the actual regulations, you should:\n- Visit the Western Australian legislation website (legislation.wa.gov.au) directly\n- Use the site's search or menu to locate the *Criminal Property Confiscation Regulations 2000*\n- Contact the Parliamentary Counsel's Office Helpdesk as suggested on the error page"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/criminal-property-confiscation-regulations-2000","history":"/api/acts/criminal-property-confiscation-regulations-2000/history","analysis":"/api/acts/criminal-property-confiscation-regulations-2000/analysis","conflicts":"/api/acts/criminal-property-confiscation-regulations-2000/conflicts","importantCases":"/api/acts/criminal-property-confiscation-regulations-2000/important-cases","documents":"/api/acts/criminal-property-confiscation-regulations-2000/documents"}}