{"id":"F2019L01045","name":"Proceeds of Crime Regulations 2019","slug":"proceeds-of-crime-regulations-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":99635,"registerId":"commonwealth-F2019L01045-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This instrument is the Proceeds of Crime Regulations 2019.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under the Proceeds of Crime Act 2002.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n (a) Mutual Assistance Act;\n (b) responsible authority;\n (c) literary proceeds order;\n (e) pecuniary penalty order;\n (f) Official Trustee.\n In this instrument:\n\n> Act means the Proceeds of Crime Act 2002.\n\n> condemned goods has the meaning given by subsection 208DA(1) of the Customs Act 1901.\n\n> narcotic goods has the meaning given by subsection 4(1) of the Customs Act 1901.\n\n> narcotic‑related goods has the meaning given by subsection 4(1) of the Customs Act 1901.","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Meaning of authorised officer","content":"#### 6 Meaning of authorised officer\n\n (1) Subject to subsection (2), for the purposes of paragraph (e) of the definition of authorised officer in section 338 of the Act, a person who is:\n (a) an APS employee in the Australian Taxation Office; and\n (b) authorised by the Commissioner of Taxation for the purposes of that paragraph;\n is specified.\n (2) Subsection (1) does not apply to the use of the term “authorised officer” in:\n (a) Part 3‑5 of the Act (except section 225); or\n (b) the definition of executing officer in section 338 of the Act.\n (3) To avoid doubt, subsection (1) applies to the use of the term “authorised officer” in the definition of person assisting in section 338 of the Act.","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"State and self‑governing Territory laws that correspond to the Act","content":"#### 7 State and self‑governing Territory laws that correspond to the Act\n\n For the purposes of the definition of corresponding law in section 338 of the Act, each law specified in an item in the following table is declared to be a law that corresponds to the Act.\n\n```html\n

Item

Law that corresponds to the Act

New South Wales

1

Confiscation of Proceeds of Crime Act 1989

2

Criminal Assets Recovery Act 1990

Victoria

3

Confiscation Act 1997

Queensland

4

Criminal Proceeds Confiscation Act 2002

Western Australia

5

Criminal Property Confiscation Act 2000

South Australia

6

Criminal Assets Confiscation Act 1996

7

Criminal Assets Confiscation Act 2005

7A

Serious and Organised Crime (Unexplained Wealth) Act 2009

Tasmania

8

Crime (Confiscation of Profits) Act 1993

Australian Capital Territory

9

Confiscation of Criminal Assets Act 2003

Northern Territory

10

Criminal Property Forfeiture Act 2002

\n```","sortOrder":5},{"sectionNumber":"8","sectionType":"section","heading":"Meaning of enforcement agency","content":"#### 8 Meaning of enforcement agency\n\n (1) Subject to subsection (2), for the purposes of paragraph (b) of the definition of enforcement agency in section 338 of the Act, the Australian Taxation Office is specified to be a revenue agency for the purposes of the Act.\n (2) Subsection (1) does not apply to the use of the term “enforcement agency” in section 254 of the Act.","sortOrder":6},{"sectionNumber":"9","sectionType":"section","heading":"Orders that are declared to be interstate forfeiture orders","content":"#### 9 Orders that are declared to be interstate forfeiture orders\n\n For the purposes of the definition of interstate forfeiture order in section 338 of the Act, each order (however described):\n (a) specified in an item in a table in Schedule 1; and\n (b) made under a corresponding law specified in the item;\n is declared to be an order of a kind within that definition.","sortOrder":7},{"sectionNumber":"10","sectionType":"section","heading":"Orders that are declared to be interstate pecuniary penalty orders","content":"#### 10 Orders that are declared to be interstate pecuniary penalty orders\n\n For the purposes of the definition of interstate pecuniary penalty order in section 338 of the Act, each order (however described):\n (a) specified in an item in a table in Schedule 2; and\n (b) made under a corresponding law specified in the item;\n is declared to be an order of a kind within that definition.","sortOrder":8},{"sectionNumber":"11","sectionType":"section","heading":"Orders that are declared to be interstate restraining orders","content":"#### 11 Orders that are declared to be interstate restraining orders\n\n For the purposes of the definition of interstate restraining order in section 338 of the Act, each order (however described):\n (a) specified in an item in a table in Schedule 3; and\n (b) made under a corresponding law specified in the item;\n is declared to be an order of a kind within that definition.","sortOrder":9},{"sectionNumber":"12","sectionType":"section","heading":"Substances that are specified to be narcotic substances","content":"#### 12 Substances that are specified to be narcotic substances\n\n For the purposes of paragraph (b) of the definition of narcotic substance in section 338 of the Act, the following substances are specified:\n (a) a substance that is a narcotic drug (within the meaning of section 3 of the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990);\n (b) a substance that is a psychotropic substance (within the meaning of section 3 of the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990);\n (c) substances that are Tier 1 goods specified in an item in the table in Part 1 in clause 1 of Schedule 7 to the Customs Regulation 2015.\n\n> Note: In addition to the substances specified in this section, a substance that is a narcotic substance within the meaning of the Customs Act 1901 is a narcotic substance for the purposes of the Proceeds of Crime Act 2002—see paragraph (a) of the definition of narcotic substance in section 338 of the Act.","sortOrder":10},{"sectionNumber":"13","sectionType":"section","heading":"Indictable offences that are specified to be serious offences","content":"#### 13 Indictable offences that are specified to be serious offences\n\n For the purposes of paragraph (h) of the definition of serious offence in section 338 of the Act, each indictable offence mentioned in an item in a table in Schedule 4 is specified.","sortOrder":11},{"sectionNumber":"Part 2","sectionType":"part","heading":"The confiscation scheme","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n This instrument is the Proceeds of Crime Regulations 2019.\n\n#### 3 Authority\n\n This instrument is made under the Proceeds of Crime Act 2002.\n\n#### 5 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n (a) Mutual Assistance Act;\n (b) responsible authority;\n (c) literary proceeds order;\n (e) pecuniary penalty order;\n (f) Official Trustee.\n In this instrument:\n\n> Act means the Proceeds of Crime Act 2002.\n\n> condemned goods has the meaning given by subsection 208DA(1) of the Customs Act 1901.\n\n> narcotic goods has the meaning given by subsection 4(1) of the Customs Act 1901.\n\n> narcotic‑related goods has the meaning given by subsection 4(1) of the Customs Act 1901.\n\n#### 6 Meaning of authorised officer\n\n (1) Subject to subsection (2), for the purposes of paragraph (e) of the definition of authorised officer in section 338 of the Act, a person who is:\n (a) an APS employee in the Australian Taxation Office; and\n (b) authorised by the Commissioner of Taxation for the purposes of that paragraph;\n is specified.\n (2) Subsection (1) does not apply to the use of the term “authorised officer” in:\n (a) Part 3‑5 of the Act (except section 225); or\n (b) the definition of executing officer in section 338 of the Act.\n (3) To avoid doubt, subsection (1) applies to the use of the term “authorised officer” in the definition of person assisting in section 338 of the Act.\n\n#### 7 State and self‑governing Territory laws that correspond to the Act\n\n For the purposes of the definition of corresponding law in section 338 of the Act, each law specified in an item in the following table is declared to be a law that corresponds to the Act.\n\n```html\n

Item

Law that corresponds to the Act

New South Wales

1

Confiscation of Proceeds of Crime Act 1989

2

Criminal Assets Recovery Act 1990

Victoria

3

Confiscation Act 1997

Queensland

4

Criminal Proceeds Confiscation Act 2002

Western Australia

5

Criminal Property Confiscation Act 2000

South Australia

6

Criminal Assets Confiscation Act 1996

7

Criminal Assets Confiscation Act 2005

7A

Serious and Organised Crime (Unexplained Wealth) Act 2009

Tasmania

8

Crime (Confiscation of Profits) Act 1993

Australian Capital Territory

9

Confiscation of Criminal Assets Act 2003

Northern Territory

10

Criminal Property Forfeiture Act 2002

\n```\n\n#### 8 Meaning of enforcement agency\n\n (1) Subject to subsection (2), for the purposes of paragraph (b) of the definition of enforcement agency in section 338 of the Act, the Australian Taxation Office is specified to be a revenue agency for the purposes of the Act.\n (2) Subsection (1) does not apply to the use of the term “enforcement agency” in section 254 of the Act.\n\n#### 9 Orders that are declared to be interstate forfeiture orders\n\n For the purposes of the definition of interstate forfeiture order in section 338 of the Act, each order (however described):\n (a) specified in an item in a table in Schedule 1; and\n (b) made under a corresponding law specified in the item;\n is declared to be an order of a kind within that definition.\n\n#### 10 Orders that are declared to be interstate pecuniary penalty orders\n\n For the purposes of the definition of interstate pecuniary penalty order in section 338 of the Act, each order (however described):\n (a) specified in an item in a table in Schedule 2; and\n (b) made under a corresponding law specified in the item;\n is declared to be an order of a kind within that definition.\n\n#### 11 Orders that are declared to be interstate restraining orders\n\n For the purposes of the definition of interstate restraining order in section 338 of the Act, each order (however described):\n (a) specified in an item in a table in Schedule 3; and\n (b) made under a corresponding law specified in the item;\n is declared to be an order of a kind within that definition.\n\n#### 12 Substances that are specified to be narcotic substances\n\n For the purposes of paragraph (b) of the definition of narcotic substance in section 338 of the Act, the following substances are specified:\n (a) a substance that is a narcotic drug (within the meaning of section 3 of the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990);\n (b) a substance that is a psychotropic substance (within the meaning of section 3 of the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990);\n (c) substances that are Tier 1 goods specified in an item in the table in Part 1 in clause 1 of Schedule 7 to the Customs Regulation 2015.\n\n> Note: In addition to the substances specified in this section, a substance that is a narcotic substance within the meaning of the Customs Act 1901 is a narcotic substance for the purposes of the Proceeds of Crime Act 2002—see paragraph (a) of the definition of narcotic substance in section 338 of the Act.\n\n#### 13 Indictable offences that are specified to be serious offences\n\n For the purposes of paragraph (h) of the definition of serious offence in section 338 of the Act, each indictable offence mentioned in an item in a table in Schedule 4 is specified.\n\n## Part 2—The confiscation scheme\n\n### Division 1—Orders about forfeited property\n\n#### 15 Function of responsible authority in relation to section 102 of Act\n\n To avoid doubt, the responsible authority may represent the Commonwealth in proceedings relating to an application for an order under section 102 of the Act.\n\n### Division 2—Pecuniary penalty orders\n\n#### 16 Penalty amounts exceeding court’s jurisdiction—certificate\n\n (1) For the purposes of subsection 144(1) of the Act, the following particulars are specified:\n (a) the name of the court that made the pecuniary penalty order;\n (b) the date of the order;\n (c) the amount of money that is to be paid under the order;\n (d) the name of the person who must pay the amount.\n (2) For the purposes of subsection 144(2) of the Act, the certificate may be registered in a court having jurisdiction with respect to the recovery of debts of an amount equal to the amount of the pecuniary penalty order by filing it in that court.\n\n### Division 3—Literary proceeds orders\n\n#### 17 Literary proceeds amounts exceeding the court’s jurisdiction—certificate\n\n (1) For the purposes of subsection 171(1) of the Act, the following particulars are specified:\n (a) the name of the court that made the literary proceeds order;\n (b) the date of the order;\n (c) the amount of money that is to be paid under the order;\n (d) the name of the person who must pay the amount.\n (2) For the purposes of subsection 171(2) of the Act, the certificate may be registered in a court having jurisdiction with respect to the recovery of debts of an amount equal to the literary proceeds amount by filing it in that court.\n\n## Part 3—Information gathering\n\n#### 18 Approved examiners\n\n For the purposes of paragraph 183(5)(a) of the Act, the following classes of people are specified:\n (a) persons who have held the office of judge in the Supreme Court, District Court or County Court of a State or Territory and have stated, in writing, that they are willing to be an approved examiner;\n (b) persons who have held the office of magistrate and have stated, in writing, that they are willing to be an approved examiner.\n\n#### 19 Approved form—examination notice\n\n For the purposes of section 185 of the Act, the form of examination notice set out in Schedule 5 is prescribed.\n\n#### 20 Unexplained wealth legislation of a State or Territory\n\n New South Wales\n (1) For the purposes of the definition of unexplained wealth legislation in section 338 of the Act, the unexplained wealth legislation of New South Wales is Division 2 of Part 3 of the Criminal Assets Recovery Act 1990 (NSW), and the other provisions of that Act that relate to that Division.\n\n> Note: Section 6 of the New South Wales Act (which defines serious crime related activity) is an example of a provision that relates to Division 2 of Part 3 of that Act because Division 2 refers to that term.\n\n South Australia\n (1AA) For the purposes of the definition of unexplained wealth legislation in section 338 of the Act, the unexplained wealth legislation of South Australia is the Serious and Organised Crime (Unexplained Wealth) Act 2009 (SA).\n Australian Capital Territory\n (1A) For the purposes of the definition of unexplained wealth legislation in section 338 of the Act, the unexplained wealth legislation of the Australian Capital Territory is Part 7A of the Confiscation of Criminal Assets Act 2003 (ACT), and the other provisions of that Act that relate to that Part.\n\n> Note: Section 11C of the Australian Capital Territory Act (which defines serious criminal activity) is an example of a provision that relates to Part 7A of that Act because Part 7A refers to that term.\n\n Northern Territory\n (2) For the purposes of the definition of unexplained wealth legislation in section 338 of the Act, the unexplained wealth legislation of the Northern Territory is Division 1 of Part 6 of the Criminal Property Forfeiture Act 2002 (NT), and the other provisions of that Act that relate to that Division.\n\n> Note: Section 100 of the Northern Territory Act (which allows a court to order that restrained property is forfeit to the Northern Territory if an unexplained wealth declaration has been made against a person who owns or effectively controls the property) is an example of a provision that relates to Division 1 of Part 6 of that Act because it relates to unexplained wealth declarations (which are made under that Division).\n\n## Part 4—Administration\n\n### Division 1—Powers and duties of the Official Trustee\n\n#### 21 Costs etc. payable to Official Trustee\n\n For the purposes of paragraph 288(1)(a) of the Act, there is payable to the Official Trustee an amount equal to the amount of costs, charges and expenses incurred in connection with the Official Trustee’s exercise of powers and performance of functions or duties under the Act, under Part VI of the Mutual Assistance Act or under section 208DA or Division 3 of Part XIII of the Customs Act 1901.\n\n#### 22 Remuneration of Official Trustee\n\n For the purposes of paragraph 288(1)(b) of the Act, the amount of remuneration payable to the Official Trustee in respect of the Official Trustee’s exercise of powers and performance of functions or duties under the Act, under Part VI of the Mutual Assistance Act or under section 208DA or Division 3 of Part XIII of the Customs Act 1901 is $62.50 for each period of 15 minutes, or part of 15 minutes.\n\n### Division 2—Confiscated Assets Account\n\n#### 23 Annual management fee for Confiscated Assets Account\n\n (1) For the purposes of paragraph 297(f) of the Act, the annual management fee of $272,500 is specified for the 2019 calendar year and each later calendar year.\n (2) The fee specified in subsection (1) is payable within 28 days after 27 December in the year to which the fee relates.\n (3) A fee mentioned in this section is the price of the taxable supply within the meaning of the A New Tax System (Goods and Services Tax) Act 1999.","sortOrder":12},{"sectionNumber":"Division 1","sectionType":"division","heading":"Orders about forfeited property","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n This instrument is the Proceeds of Crime Regulations 2019.\n\n#### 3 Authority\n\n This instrument is made under the Proceeds of Crime Act 2002.\n\n#### 5 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n (a) Mutual Assistance Act;\n (b) responsible authority;\n (c) literary proceeds order;\n (e) pecuniary penalty order;\n (f) Official Trustee.\n In this instrument:\n\n> Act means the Proceeds of Crime Act 2002.\n\n> condemned goods has the meaning given by subsection 208DA(1) of the Customs Act 1901.\n\n> narcotic goods has the meaning given by subsection 4(1) of the Customs Act 1901.\n\n> narcotic‑related goods has the meaning given by subsection 4(1) of the Customs Act 1901.\n\n#### 6 Meaning of authorised officer\n\n (1) Subject to subsection (2), for the purposes of paragraph (e) of the definition of authorised officer in section 338 of the Act, a person who is:\n (a) an APS employee in the Australian Taxation Office; and\n (b) authorised by the Commissioner of Taxation for the purposes of that paragraph;\n is specified.\n (2) Subsection (1) does not apply to the use of the term “authorised officer” in:\n (a) Part 3‑5 of the Act (except section 225); or\n (b) the definition of executing officer in section 338 of the Act.\n (3) To avoid doubt, subsection (1) applies to the use of the term “authorised officer” in the definition of person assisting in section 338 of the Act.\n\n#### 7 State and self‑governing Territory laws that correspond to the Act\n\n For the purposes of the definition of corresponding law in section 338 of the Act, each law specified in an item in the following table is declared to be a law that corresponds to the Act.\n\n```html\n

Item

Law that corresponds to the Act

New South Wales

1

Confiscation of Proceeds of Crime Act 1989

2

Criminal Assets Recovery Act 1990

Victoria

3

Confiscation Act 1997

Queensland

4

Criminal Proceeds Confiscation Act 2002

Western Australia

5

Criminal Property Confiscation Act 2000

South Australia

6

Criminal Assets Confiscation Act 1996

7

Criminal Assets Confiscation Act 2005

7A

Serious and Organised Crime (Unexplained Wealth) Act 2009

Tasmania

8

Crime (Confiscation of Profits) Act 1993

Australian Capital Territory

9

Confiscation of Criminal Assets Act 2003

Northern Territory

10

Criminal Property Forfeiture Act 2002

\n```\n\n#### 8 Meaning of enforcement agency\n\n (1) Subject to subsection (2), for the purposes of paragraph (b) of the definition of enforcement agency in section 338 of the Act, the Australian Taxation Office is specified to be a revenue agency for the purposes of the Act.\n (2) Subsection (1) does not apply to the use of the term “enforcement agency” in section 254 of the Act.\n\n#### 9 Orders that are declared to be interstate forfeiture orders\n\n For the purposes of the definition of interstate forfeiture order in section 338 of the Act, each order (however described):\n (a) specified in an item in a table in Schedule 1; and\n (b) made under a corresponding law specified in the item;\n is declared to be an order of a kind within that definition.\n\n#### 10 Orders that are declared to be interstate pecuniary penalty orders\n\n For the purposes of the definition of interstate pecuniary penalty order in section 338 of the Act, each order (however described):\n (a) specified in an item in a table in Schedule 2; and\n (b) made under a corresponding law specified in the item;\n is declared to be an order of a kind within that definition.\n\n#### 11 Orders that are declared to be interstate restraining orders\n\n For the purposes of the definition of interstate restraining order in section 338 of the Act, each order (however described):\n (a) specified in an item in a table in Schedule 3; and\n (b) made under a corresponding law specified in the item;\n is declared to be an order of a kind within that definition.\n\n#### 12 Substances that are specified to be narcotic substances\n\n For the purposes of paragraph (b) of the definition of narcotic substance in section 338 of the Act, the following substances are specified:\n (a) a substance that is a narcotic drug (within the meaning of section 3 of the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990);\n (b) a substance that is a psychotropic substance (within the meaning of section 3 of the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990);\n (c) substances that are Tier 1 goods specified in an item in the table in Part 1 in clause 1 of Schedule 7 to the Customs Regulation 2015.\n\n> Note: In addition to the substances specified in this section, a substance that is a narcotic substance within the meaning of the Customs Act 1901 is a narcotic substance for the purposes of the Proceeds of Crime Act 2002—see paragraph (a) of the definition of narcotic substance in section 338 of the Act.\n\n#### 13 Indictable offences that are specified to be serious offences\n\n For the purposes of paragraph (h) of the definition of serious offence in section 338 of the Act, each indictable offence mentioned in an item in a table in Schedule 4 is specified.\n\n## Part 2—The confiscation scheme\n\n### Division 1—Orders about forfeited property\n\n#### 15 Function of responsible authority in relation to section 102 of Act\n\n To avoid doubt, the responsible authority may represent the Commonwealth in proceedings relating to an application for an order under section 102 of the Act.\n\n### Division 2—Pecuniary penalty orders\n\n#### 16 Penalty amounts exceeding court’s jurisdiction—certificate\n\n (1) For the purposes of subsection 144(1) of the Act, the following particulars are specified:\n (a) the name of the court that made the pecuniary penalty order;\n (b) the date of the order;\n (c) the amount of money that is to be paid under the order;\n (d) the name of the person who must pay the amount.\n (2) For the purposes of subsection 144(2) of the Act, the certificate may be registered in a court having jurisdiction with respect to the recovery of debts of an amount equal to the amount of the pecuniary penalty order by filing it in that court.\n\n### Division 3—Literary proceeds orders\n\n#### 17 Literary proceeds amounts exceeding the court’s jurisdiction—certificate\n\n (1) For the purposes of subsection 171(1) of the Act, the following particulars are specified:\n (a) the name of the court that made the literary proceeds order;\n (b) the date of the order;\n (c) the amount of money that is to be paid under the order;\n (d) the name of the person who must pay the amount.\n (2) For the purposes of subsection 171(2) of the Act, the certificate may be registered in a court having jurisdiction with respect to the recovery of debts of an amount equal to the literary proceeds amount by filing it in that court.\n\n## Part 3—Information gathering\n\n#### 18 Approved examiners\n\n For the purposes of paragraph 183(5)(a) of the Act, the following classes of people are specified:\n (a) persons who have held the office of judge in the Supreme Court, District Court or County Court of a State or Territory and have stated, in writing, that they are willing to be an approved examiner;\n (b) persons who have held the office of magistrate and have stated, in writing, that they are willing to be an approved examiner.\n\n#### 19 Approved form—examination notice\n\n For the purposes of section 185 of the Act, the form of examination notice set out in Schedule 5 is prescribed.\n\n#### 20 Unexplained wealth legislation of a State or Territory\n\n New South Wales\n (1) For the purposes of the definition of unexplained wealth legislation in section 338 of the Act, the unexplained wealth legislation of New South Wales is Division 2 of Part 3 of the Criminal Assets Recovery Act 1990 (NSW), and the other provisions of that Act that relate to that Division.\n\n> Note: Section 6 of the New South Wales Act (which defines serious crime related activity) is an example of a provision that relates to Division 2 of Part 3 of that Act because Division 2 refers to that term.\n\n South Australia\n (1AA) For the purposes of the definition of unexplained wealth legislation in section 338 of the Act, the unexplained wealth legislation of South Australia is the Serious and Organised Crime (Unexplained Wealth) Act 2009 (SA).\n Australian Capital Territory\n (1A) For the purposes of the definition of unexplained wealth legislation in section 338 of the Act, the unexplained wealth legislation of the Australian Capital Territory is Part 7A of the Confiscation of Criminal Assets Act 2003 (ACT), and the other provisions of that Act that relate to that Part.\n\n> Note: Section 11C of the Australian Capital Territory Act (which defines serious criminal activity) is an example of a provision that relates to Part 7A of that Act because Part 7A refers to that term.\n\n Northern Territory\n (2) For the purposes of the definition of unexplained wealth legislation in section 338 of the Act, the unexplained wealth legislation of the Northern Territory is Division 1 of Part 6 of the Criminal Property Forfeiture Act 2002 (NT), and the other provisions of that Act that relate to that Division.\n\n> Note: Section 100 of the Northern Territory Act (which allows a court to order that restrained property is forfeit to the Northern Territory if an unexplained wealth declaration has been made against a person who owns or effectively controls the property) is an example of a provision that relates to Division 1 of Part 6 of that Act because it relates to unexplained wealth declarations (which are made under that Division).\n\n## Part 4—Administration\n\n### Division 1—Powers and duties of the Official Trustee\n\n#### 21 Costs etc. payable to Official Trustee\n\n For the purposes of paragraph 288(1)(a) of the Act, there is payable to the Official Trustee an amount equal to the amount of costs, charges and expenses incurred in connection with the Official Trustee’s exercise of powers and performance of functions or duties under the Act, under Part VI of the Mutual Assistance Act or under section 208DA or Division 3 of Part XIII of the Customs Act 1901.\n\n#### 22 Remuneration of Official Trustee\n\n For the purposes of paragraph 288(1)(b) of the Act, the amount of remuneration payable to the Official Trustee in respect of the Official Trustee’s exercise of powers and performance of functions or duties under the Act, under Part VI of the Mutual Assistance Act or under section 208DA or Division 3 of Part XIII of the Customs Act 1901 is $62.50 for each period of 15 minutes, or part of 15 minutes.\n\n### Division 2—Confiscated Assets Account\n\n#### 23 Annual management fee for Confiscated Assets Account\n\n (1) For the purposes of paragraph 297(f) of the Act, the annual management fee of $272,500 is specified for the 2019 calendar year and each later calendar year.\n (2) The fee specified in subsection (1) is payable within 28 days after 27 December in the year to which the fee relates.\n (3) A fee mentioned in this section is the price of the taxable supply within the meaning of the A New Tax System (Goods and Services Tax) Act 1999.","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"Function of responsible authority in relation to section 102 of Act","content":"#### 15 Function of responsible authority in relation to section 102 of Act\n\n To avoid doubt, the responsible authority may represent the Commonwealth in proceedings relating to an application for an order under section 102 of the Act.","sortOrder":14},{"sectionNumber":"Division 2","sectionType":"division","heading":"Pecuniary penalty orders","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n This instrument is the Proceeds of Crime Regulations 2019.\n\n#### 3 Authority\n\n This instrument is made under the Proceeds of Crime Act 2002.\n\n#### 5 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n (a) Mutual Assistance Act;\n (b) responsible authority;\n (c) literary proceeds order;\n (e) pecuniary penalty order;\n (f) Official Trustee.\n In this instrument:\n\n> Act means the Proceeds of Crime Act 2002.\n\n> condemned goods has the meaning given by subsection 208DA(1) of the Customs Act 1901.\n\n> narcotic goods has the meaning given by subsection 4(1) of the Customs Act 1901.\n\n> narcotic‑related goods has the meaning given by subsection 4(1) of the Customs Act 1901.\n\n#### 6 Meaning of authorised officer\n\n (1) Subject to subsection (2), for the purposes of paragraph (e) of the definition of authorised officer in section 338 of the Act, a person who is:\n (a) an APS employee in the Australian Taxation Office; and\n (b) authorised by the Commissioner of Taxation for the purposes of that paragraph;\n is specified.\n (2) Subsection (1) does not apply to the use of the term “authorised officer” in:\n (a) Part 3‑5 of the Act (except section 225); or\n (b) the definition of executing officer in section 338 of the Act.\n (3) To avoid doubt, subsection (1) applies to the use of the term “authorised officer” in the definition of person assisting in section 338 of the Act.\n\n#### 7 State and self‑governing Territory laws that correspond to the Act\n\n For the purposes of the definition of corresponding law in section 338 of the Act, each law specified in an item in the following table is declared to be a law that corresponds to the Act.\n\n```html\n

Item

Law that corresponds to the Act

New South Wales

1

Confiscation of Proceeds of Crime Act 1989

2

Criminal Assets Recovery Act 1990

Victoria

3

Confiscation Act 1997

Queensland

4

Criminal Proceeds Confiscation Act 2002

Western Australia

5

Criminal Property Confiscation Act 2000

South Australia

6

Criminal Assets Confiscation Act 1996

7

Criminal Assets Confiscation Act 2005

7A

Serious and Organised Crime (Unexplained Wealth) Act 2009

Tasmania

8

Crime (Confiscation of Profits) Act 1993

Australian Capital Territory

9

Confiscation of Criminal Assets Act 2003

Northern Territory

10

Criminal Property Forfeiture Act 2002

\n```\n\n#### 8 Meaning of enforcement agency\n\n (1) Subject to subsection (2), for the purposes of paragraph (b) of the definition of enforcement agency in section 338 of the Act, the Australian Taxation Office is specified to be a revenue agency for the purposes of the Act.\n (2) Subsection (1) does not apply to the use of the term “enforcement agency” in section 254 of the Act.\n\n#### 9 Orders that are declared to be interstate forfeiture orders\n\n For the purposes of the definition of interstate forfeiture order in section 338 of the Act, each order (however described):\n (a) specified in an item in a table in Schedule 1; and\n (b) made under a corresponding law specified in the item;\n is declared to be an order of a kind within that definition.\n\n#### 10 Orders that are declared to be interstate pecuniary penalty orders\n\n For the purposes of the definition of interstate pecuniary penalty order in section 338 of the Act, each order (however described):\n (a) specified in an item in a table in Schedule 2; and\n (b) made under a corresponding law specified in the item;\n is declared to be an order of a kind within that definition.\n\n#### 11 Orders that are declared to be interstate restraining orders\n\n For the purposes of the definition of interstate restraining order in section 338 of the Act, each order (however described):\n (a) specified in an item in a table in Schedule 3; and\n (b) made under a corresponding law specified in the item;\n is declared to be an order of a kind within that definition.\n\n#### 12 Substances that are specified to be narcotic substances\n\n For the purposes of paragraph (b) of the definition of narcotic substance in section 338 of the Act, the following substances are specified:\n (a) a substance that is a narcotic drug (within the meaning of section 3 of the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990);\n (b) a substance that is a psychotropic substance (within the meaning of section 3 of the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990);\n (c) substances that are Tier 1 goods specified in an item in the table in Part 1 in clause 1 of Schedule 7 to the Customs Regulation 2015.\n\n> Note: In addition to the substances specified in this section, a substance that is a narcotic substance within the meaning of the Customs Act 1901 is a narcotic substance for the purposes of the Proceeds of Crime Act 2002—see paragraph (a) of the definition of narcotic substance in section 338 of the Act.\n\n#### 13 Indictable offences that are specified to be serious offences\n\n For the purposes of paragraph (h) of the definition of serious offence in section 338 of the Act, each indictable offence mentioned in an item in a table in Schedule 4 is specified.\n\n## Part 2—The confiscation scheme\n\n### Division 1—Orders about forfeited property\n\n#### 15 Function of responsible authority in relation to section 102 of Act\n\n To avoid doubt, the responsible authority may represent the Commonwealth in proceedings relating to an application for an order under section 102 of the Act.\n\n### Division 2—Pecuniary penalty orders\n\n#### 16 Penalty amounts exceeding court’s jurisdiction—certificate\n\n (1) For the purposes of subsection 144(1) of the Act, the following particulars are specified:\n (a) the name of the court that made the pecuniary penalty order;\n (b) the date of the order;\n (c) the amount of money that is to be paid under the order;\n (d) the name of the person who must pay the amount.\n (2) For the purposes of subsection 144(2) of the Act, the certificate may be registered in a court having jurisdiction with respect to the recovery of debts of an amount equal to the amount of the pecuniary penalty order by filing it in that court.\n\n### Division 3—Literary proceeds orders\n\n#### 17 Literary proceeds amounts exceeding the court’s jurisdiction—certificate\n\n (1) For the purposes of subsection 171(1) of the Act, the following particulars are specified:\n (a) the name of the court that made the literary proceeds order;\n (b) the date of the order;\n (c) the amount of money that is to be paid under the order;\n (d) the name of the person who must pay the amount.\n (2) For the purposes of subsection 171(2) of the Act, the certificate may be registered in a court having jurisdiction with respect to the recovery of debts of an amount equal to the literary proceeds amount by filing it in that court.\n\n## Part 3—Information gathering\n\n#### 18 Approved examiners\n\n For the purposes of paragraph 183(5)(a) of the Act, the following classes of people are specified:\n (a) persons who have held the office of judge in the Supreme Court, District Court or County Court of a State or Territory and have stated, in writing, that they are willing to be an approved examiner;\n (b) persons who have held the office of magistrate and have stated, in writing, that they are willing to be an approved examiner.\n\n#### 19 Approved form—examination notice\n\n For the purposes of section 185 of the Act, the form of examination notice set out in Schedule 5 is prescribed.\n\n#### 20 Unexplained wealth legislation of a State or Territory\n\n New South Wales\n (1) For the purposes of the definition of unexplained wealth legislation in section 338 of the Act, the unexplained wealth legislation of New South Wales is Division 2 of Part 3 of the Criminal Assets Recovery Act 1990 (NSW), and the other provisions of that Act that relate to that Division.\n\n> Note: Section 6 of the New South Wales Act (which defines serious crime related activity) is an example of a provision that relates to Division 2 of Part 3 of that Act because Division 2 refers to that term.\n\n South Australia\n (1AA) For the purposes of the definition of unexplained wealth legislation in section 338 of the Act, the unexplained wealth legislation of South Australia is the Serious and Organised Crime (Unexplained Wealth) Act 2009 (SA).\n Australian Capital Territory\n (1A) For the purposes of the definition of unexplained wealth legislation in section 338 of the Act, the unexplained wealth legislation of the Australian Capital Territory is Part 7A of the Confiscation of Criminal Assets Act 2003 (ACT), and the other provisions of that Act that relate to that Part.\n\n> Note: Section 11C of the Australian Capital Territory Act (which defines serious criminal activity) is an example of a provision that relates to Part 7A of that Act because Part 7A refers to that term.\n\n Northern Territory\n (2) For the purposes of the definition of unexplained wealth legislation in section 338 of the Act, the unexplained wealth legislation of the Northern Territory is Division 1 of Part 6 of the Criminal Property Forfeiture Act 2002 (NT), and the other provisions of that Act that relate to that Division.\n\n> Note: Section 100 of the Northern Territory Act (which allows a court to order that restrained property is forfeit to the Northern Territory if an unexplained wealth declaration has been made against a person who owns or effectively controls the property) is an example of a provision that relates to Division 1 of Part 6 of that Act because it relates to unexplained wealth declarations (which are made under that Division).\n\n## Part 4—Administration\n\n### Division 1—Powers and duties of the Official Trustee\n\n#### 21 Costs etc. payable to Official Trustee\n\n For the purposes of paragraph 288(1)(a) of the Act, there is payable to the Official Trustee an amount equal to the amount of costs, charges and expenses incurred in connection with the Official Trustee’s exercise of powers and performance of functions or duties under the Act, under Part VI of the Mutual Assistance Act or under section 208DA or Division 3 of Part XIII of the Customs Act 1901.\n\n#### 22 Remuneration of Official Trustee\n\n For the purposes of paragraph 288(1)(b) of the Act, the amount of remuneration payable to the Official Trustee in respect of the Official Trustee’s exercise of powers and performance of functions or duties under the Act, under Part VI of the Mutual Assistance Act or under section 208DA or Division 3 of Part XIII of the Customs Act 1901 is $62.50 for each period of 15 minutes, or part of 15 minutes.\n\n### Division 2—Confiscated Assets Account\n\n#### 23 Annual management fee for Confiscated Assets Account\n\n (1) For the purposes of paragraph 297(f) of the Act, the annual management fee of $272,500 is specified for the 2019 calendar year and each later calendar year.\n (2) The fee specified in subsection (1) is payable within 28 days after 27 December in the year to which the fee relates.\n (3) A fee mentioned in this section is the price of the taxable supply within the meaning of the A New Tax System (Goods and Services Tax) Act 1999.","sortOrder":15},{"sectionNumber":"16","sectionType":"section","heading":"Penalty amounts exceeding court’s jurisdiction—certificate","content":"#### 16 Penalty amounts exceeding court’s jurisdiction—certificate\n\n (1) For the purposes of subsection 144(1) of the Act, the following particulars are specified:\n (a) the name of the court that made the pecuniary penalty order;\n (b) the date of the order;\n (c) the amount of money that is to be paid under the order;\n (d) the name of the person who must pay the amount.\n (2) For the purposes of subsection 144(2) of the Act, the certificate may be registered in a court having jurisdiction with respect to the recovery of debts of an amount equal to the amount of the pecuniary penalty order by filing it in that court.","sortOrder":16},{"sectionNumber":"Division 3","sectionType":"division","heading":"Literary proceeds orders","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n This instrument is the Proceeds of Crime Regulations 2019.\n\n#### 3 Authority\n\n This instrument is made under the Proceeds of Crime Act 2002.\n\n#### 5 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n (a) Mutual Assistance Act;\n (b) responsible authority;\n (c) literary proceeds order;\n (e) pecuniary penalty order;\n (f) Official Trustee.\n In this instrument:\n\n> Act means the Proceeds of Crime Act 2002.\n\n> condemned goods has the meaning given by subsection 208DA(1) of the Customs Act 1901.\n\n> narcotic goods has the meaning given by subsection 4(1) of the Customs Act 1901.\n\n> narcotic‑related goods has the meaning given by subsection 4(1) of the Customs Act 1901.\n\n#### 6 Meaning of authorised officer\n\n (1) Subject to subsection (2), for the purposes of paragraph (e) of the definition of authorised officer in section 338 of the Act, a person who is:\n (a) an APS employee in the Australian Taxation Office; and\n (b) authorised by the Commissioner of Taxation for the purposes of that paragraph;\n is specified.\n (2) Subsection (1) does not apply to the use of the term “authorised officer” in:\n (a) Part 3‑5 of the Act (except section 225); or\n (b) the definition of executing officer in section 338 of the Act.\n (3) To avoid doubt, subsection (1) applies to the use of the term “authorised officer” in the definition of person assisting in section 338 of the Act.\n\n#### 7 State and self‑governing Territory laws that correspond to the Act\n\n For the purposes of the definition of corresponding law in section 338 of the Act, each law specified in an item in the following table is declared to be a law that corresponds to the Act.\n\n```html\n

Item

Law that corresponds to the Act

New South Wales

1

Confiscation of Proceeds of Crime Act 1989

2

Criminal Assets Recovery Act 1990

Victoria

3

Confiscation Act 1997

Queensland

4

Criminal Proceeds Confiscation Act 2002

Western Australia

5

Criminal Property Confiscation Act 2000

South Australia

6

Criminal Assets Confiscation Act 1996

7

Criminal Assets Confiscation Act 2005

7A

Serious and Organised Crime (Unexplained Wealth) Act 2009

Tasmania

8

Crime (Confiscation of Profits) Act 1993

Australian Capital Territory

9

Confiscation of Criminal Assets Act 2003

Northern Territory

10

Criminal Property Forfeiture Act 2002

\n```\n\n#### 8 Meaning of enforcement agency\n\n (1) Subject to subsection (2), for the purposes of paragraph (b) of the definition of enforcement agency in section 338 of the Act, the Australian Taxation Office is specified to be a revenue agency for the purposes of the Act.\n (2) Subsection (1) does not apply to the use of the term “enforcement agency” in section 254 of the Act.\n\n#### 9 Orders that are declared to be interstate forfeiture orders\n\n For the purposes of the definition of interstate forfeiture order in section 338 of the Act, each order (however described):\n (a) specified in an item in a table in Schedule 1; and\n (b) made under a corresponding law specified in the item;\n is declared to be an order of a kind within that definition.\n\n#### 10 Orders that are declared to be interstate pecuniary penalty orders\n\n For the purposes of the definition of interstate pecuniary penalty order in section 338 of the Act, each order (however described):\n (a) specified in an item in a table in Schedule 2; and\n (b) made under a corresponding law specified in the item;\n is declared to be an order of a kind within that definition.\n\n#### 11 Orders that are declared to be interstate restraining orders\n\n For the purposes of the definition of interstate restraining order in section 338 of the Act, each order (however described):\n (a) specified in an item in a table in Schedule 3; and\n (b) made under a corresponding law specified in the item;\n is declared to be an order of a kind within that definition.\n\n#### 12 Substances that are specified to be narcotic substances\n\n For the purposes of paragraph (b) of the definition of narcotic substance in section 338 of the Act, the following substances are specified:\n (a) a substance that is a narcotic drug (within the meaning of section 3 of the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990);\n (b) a substance that is a psychotropic substance (within the meaning of section 3 of the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990);\n (c) substances that are Tier 1 goods specified in an item in the table in Part 1 in clause 1 of Schedule 7 to the Customs Regulation 2015.\n\n> Note: In addition to the substances specified in this section, a substance that is a narcotic substance within the meaning of the Customs Act 1901 is a narcotic substance for the purposes of the Proceeds of Crime Act 2002—see paragraph (a) of the definition of narcotic substance in section 338 of the Act.\n\n#### 13 Indictable offences that are specified to be serious offences\n\n For the purposes of paragraph (h) of the definition of serious offence in section 338 of the Act, each indictable offence mentioned in an item in a table in Schedule 4 is specified.\n\n## Part 2—The confiscation scheme\n\n### Division 1—Orders about forfeited property\n\n#### 15 Function of responsible authority in relation to section 102 of Act\n\n To avoid doubt, the responsible authority may represent the Commonwealth in proceedings relating to an application for an order under section 102 of the Act.\n\n### Division 2—Pecuniary penalty orders\n\n#### 16 Penalty amounts exceeding court’s jurisdiction—certificate\n\n (1) For the purposes of subsection 144(1) of the Act, the following particulars are specified:\n (a) the name of the court that made the pecuniary penalty order;\n (b) the date of the order;\n (c) the amount of money that is to be paid under the order;\n (d) the name of the person who must pay the amount.\n (2) For the purposes of subsection 144(2) of the Act, the certificate may be registered in a court having jurisdiction with respect to the recovery of debts of an amount equal to the amount of the pecuniary penalty order by filing it in that court.\n\n### Division 3—Literary proceeds orders\n\n#### 17 Literary proceeds amounts exceeding the court’s jurisdiction—certificate\n\n (1) For the purposes of subsection 171(1) of the Act, the following particulars are specified:\n (a) the name of the court that made the literary proceeds order;\n (b) the date of the order;\n (c) the amount of money that is to be paid under the order;\n (d) the name of the person who must pay the amount.\n (2) For the purposes of subsection 171(2) of the Act, the certificate may be registered in a court having jurisdiction with respect to the recovery of debts of an amount equal to the literary proceeds amount by filing it in that court.\n\n## Part 3—Information gathering\n\n#### 18 Approved examiners\n\n For the purposes of paragraph 183(5)(a) of the Act, the following classes of people are specified:\n (a) persons who have held the office of judge in the Supreme Court, District Court or County Court of a State or Territory and have stated, in writing, that they are willing to be an approved examiner;\n (b) persons who have held the office of magistrate and have stated, in writing, that they are willing to be an approved examiner.\n\n#### 19 Approved form—examination notice\n\n For the purposes of section 185 of the Act, the form of examination notice set out in Schedule 5 is prescribed.\n\n#### 20 Unexplained wealth legislation of a State or Territory\n\n New South Wales\n (1) For the purposes of the definition of unexplained wealth legislation in section 338 of the Act, the unexplained wealth legislation of New South Wales is Division 2 of Part 3 of the Criminal Assets Recovery Act 1990 (NSW), and the other provisions of that Act that relate to that Division.\n\n> Note: Section 6 of the New South Wales Act (which defines serious crime related activity) is an example of a provision that relates to Division 2 of Part 3 of that Act because Division 2 refers to that term.\n\n South Australia\n (1AA) For the purposes of the definition of unexplained wealth legislation in section 338 of the Act, the unexplained wealth legislation of South Australia is the Serious and Organised Crime (Unexplained Wealth) Act 2009 (SA).\n Australian Capital Territory\n (1A) For the purposes of the definition of unexplained wealth legislation in section 338 of the Act, the unexplained wealth legislation of the Australian Capital Territory is Part 7A of the Confiscation of Criminal Assets Act 2003 (ACT), and the other provisions of that Act that relate to that Part.\n\n> Note: Section 11C of the Australian Capital Territory Act (which defines serious criminal activity) is an example of a provision that relates to Part 7A of that Act because Part 7A refers to that term.\n\n Northern Territory\n (2) For the purposes of the definition of unexplained wealth legislation in section 338 of the Act, the unexplained wealth legislation of the Northern Territory is Division 1 of Part 6 of the Criminal Property Forfeiture Act 2002 (NT), and the other provisions of that Act that relate to that Division.\n\n> Note: Section 100 of the Northern Territory Act (which allows a court to order that restrained property is forfeit to the Northern Territory if an unexplained wealth declaration has been made against a person who owns or effectively controls the property) is an example of a provision that relates to Division 1 of Part 6 of that Act because it relates to unexplained wealth declarations (which are made under that Division).\n\n## Part 4—Administration\n\n### Division 1—Powers and duties of the Official Trustee\n\n#### 21 Costs etc. payable to Official Trustee\n\n For the purposes of paragraph 288(1)(a) of the Act, there is payable to the Official Trustee an amount equal to the amount of costs, charges and expenses incurred in connection with the Official Trustee’s exercise of powers and performance of functions or duties under the Act, under Part VI of the Mutual Assistance Act or under section 208DA or Division 3 of Part XIII of the Customs Act 1901.\n\n#### 22 Remuneration of Official Trustee\n\n For the purposes of paragraph 288(1)(b) of the Act, the amount of remuneration payable to the Official Trustee in respect of the Official Trustee’s exercise of powers and performance of functions or duties under the Act, under Part VI of the Mutual Assistance Act or under section 208DA or Division 3 of Part XIII of the Customs Act 1901 is $62.50 for each period of 15 minutes, or part of 15 minutes.\n\n### Division 2—Confiscated Assets Account\n\n#### 23 Annual management fee for Confiscated Assets Account\n\n (1) For the purposes of paragraph 297(f) of the Act, the annual management fee of $272,500 is specified for the 2019 calendar year and each later calendar year.\n (2) The fee specified in subsection (1) is payable within 28 days after 27 December in the year to which the fee relates.\n (3) A fee mentioned in this section is the price of the taxable supply within the meaning of the A New Tax System (Goods and Services Tax) Act 1999.","sortOrder":17},{"sectionNumber":"17","sectionType":"section","heading":"Literary proceeds amounts exceeding the court’s jurisdiction—certificate","content":"#### 17 Literary proceeds amounts exceeding the court’s jurisdiction—certificate\n\n (1) For the purposes of subsection 171(1) of the Act, the following particulars are specified:\n (a) the name of the court that made the literary proceeds order;\n (b) the date of the order;\n (c) the amount of money that is to be paid under the order;\n (d) the name of the person who must pay the amount.\n (2) For the purposes of subsection 171(2) of the Act, the certificate may be registered in a court having jurisdiction with respect to the recovery of debts of an amount equal to the literary proceeds amount by filing it in that court.","sortOrder":18},{"sectionNumber":"Part 3","sectionType":"part","heading":"Information gathering","content":"## Part 3—Information gathering","sortOrder":19},{"sectionNumber":"18","sectionType":"section","heading":"Approved examiners","content":"#### 18 Approved examiners\n\n For the purposes of paragraph 183(5)(a) of the Act, the following classes of people are specified:\n (a) persons who have held the office of judge in the Supreme Court, District Court or County Court of a State or Territory and have stated, in writing, that they are willing to be an approved examiner;\n (b) persons who have held the office of magistrate and have stated, in writing, that they are willing to be an approved examiner.","sortOrder":20},{"sectionNumber":"19","sectionType":"section","heading":"Approved form—examination notice","content":"#### 19 Approved form—examination notice\n\n For the purposes of section 185 of the Act, the form of examination notice set out in Schedule 5 is prescribed.","sortOrder":21},{"sectionNumber":"20","sectionType":"section","heading":"Unexplained wealth legislation of a State or Territory","content":"#### 20 Unexplained wealth legislation of a State or Territory\n\n New South Wales\n (1) For the purposes of the definition of unexplained wealth legislation in section 338 of the Act, the unexplained wealth legislation of New South Wales is Division 2 of Part 3 of the Criminal Assets Recovery Act 1990 (NSW), and the other provisions of that Act that relate to that Division.\n\n> Note: Section 6 of the New South Wales Act (which defines serious crime related activity) is an example of a provision that relates to Division 2 of Part 3 of that Act because Division 2 refers to that term.\n\n South Australia\n (1AA) For the purposes of the definition of unexplained wealth legislation in section 338 of the Act, the unexplained wealth legislation of South Australia is the Serious and Organised Crime (Unexplained Wealth) Act 2009 (SA).\n Australian Capital Territory\n (1A) For the purposes of the definition of unexplained wealth legislation in section 338 of the Act, the unexplained wealth legislation of the Australian Capital Territory is Part 7A of the Confiscation of Criminal Assets Act 2003 (ACT), and the other provisions of that Act that relate to that Part.\n\n> Note: Section 11C of the Australian Capital Territory Act (which defines serious criminal activity) is an example of a provision that relates to Part 7A of that Act because Part 7A refers to that term.\n\n Northern Territory\n (2) For the purposes of the definition of unexplained wealth legislation in section 338 of the Act, the unexplained wealth legislation of the Northern Territory is Division 1 of Part 6 of the Criminal Property Forfeiture Act 2002 (NT), and the other provisions of that Act that relate to that Division.\n\n> Note: Section 100 of the Northern Territory Act (which allows a court to order that restrained property is forfeit to the Northern Territory if an unexplained wealth declaration has been made against a person who owns or effectively controls the property) is an example of a provision that relates to Division 1 of Part 6 of that Act because it relates to unexplained wealth declarations (which are made under that Division).","sortOrder":22},{"sectionNumber":"Part 4","sectionType":"part","heading":"Administration","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n This instrument is the Proceeds of Crime Regulations 2019.\n\n#### 3 Authority\n\n This instrument is made under the Proceeds of Crime Act 2002.\n\n#### 5 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n (a) Mutual Assistance Act;\n (b) responsible authority;\n (c) literary proceeds order;\n (e) pecuniary penalty order;\n (f) Official Trustee.\n In this instrument:\n\n> Act means the Proceeds of Crime Act 2002.\n\n> condemned goods has the meaning given by subsection 208DA(1) of the Customs Act 1901.\n\n> narcotic goods has the meaning given by subsection 4(1) of the Customs Act 1901.\n\n> narcotic‑related goods has the meaning given by subsection 4(1) of the Customs Act 1901.\n\n#### 6 Meaning of authorised officer\n\n (1) Subject to subsection (2), for the purposes of paragraph (e) of the definition of authorised officer in section 338 of the Act, a person who is:\n (a) an APS employee in the Australian Taxation Office; and\n (b) authorised by the Commissioner of Taxation for the purposes of that paragraph;\n is specified.\n (2) Subsection (1) does not apply to the use of the term “authorised officer” in:\n (a) Part 3‑5 of the Act (except section 225); or\n (b) the definition of executing officer in section 338 of the Act.\n (3) To avoid doubt, subsection (1) applies to the use of the term “authorised officer” in the definition of person assisting in section 338 of the Act.\n\n#### 7 State and self‑governing Territory laws that correspond to the Act\n\n For the purposes of the definition of corresponding law in section 338 of the Act, each law specified in an item in the following table is declared to be a law that corresponds to the Act.\n\n```html\n

Item

Law that corresponds to the Act

New South Wales

1

Confiscation of Proceeds of Crime Act 1989

2

Criminal Assets Recovery Act 1990

Victoria

3

Confiscation Act 1997

Queensland

4

Criminal Proceeds Confiscation Act 2002

Western Australia

5

Criminal Property Confiscation Act 2000

South Australia

6

Criminal Assets Confiscation Act 1996

7

Criminal Assets Confiscation Act 2005

7A

Serious and Organised Crime (Unexplained Wealth) Act 2009

Tasmania

8

Crime (Confiscation of Profits) Act 1993

Australian Capital Territory

9

Confiscation of Criminal Assets Act 2003

Northern Territory

10

Criminal Property Forfeiture Act 2002

\n```\n\n#### 8 Meaning of enforcement agency\n\n (1) Subject to subsection (2), for the purposes of paragraph (b) of the definition of enforcement agency in section 338 of the Act, the Australian Taxation Office is specified to be a revenue agency for the purposes of the Act.\n (2) Subsection (1) does not apply to the use of the term “enforcement agency” in section 254 of the Act.\n\n#### 9 Orders that are declared to be interstate forfeiture orders\n\n For the purposes of the definition of interstate forfeiture order in section 338 of the Act, each order (however described):\n (a) specified in an item in a table in Schedule 1; and\n (b) made under a corresponding law specified in the item;\n is declared to be an order of a kind within that definition.\n\n#### 10 Orders that are declared to be interstate pecuniary penalty orders\n\n For the purposes of the definition of interstate pecuniary penalty order in section 338 of the Act, each order (however described):\n (a) specified in an item in a table in Schedule 2; and\n (b) made under a corresponding law specified in the item;\n is declared to be an order of a kind within that definition.\n\n#### 11 Orders that are declared to be interstate restraining orders\n\n For the purposes of the definition of interstate restraining order in section 338 of the Act, each order (however described):\n (a) specified in an item in a table in Schedule 3; and\n (b) made under a corresponding law specified in the item;\n is declared to be an order of a kind within that definition.\n\n#### 12 Substances that are specified to be narcotic substances\n\n For the purposes of paragraph (b) of the definition of narcotic substance in section 338 of the Act, the following substances are specified:\n (a) a substance that is a narcotic drug (within the meaning of section 3 of the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990);\n (b) a substance that is a psychotropic substance (within the meaning of section 3 of the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990);\n (c) substances that are Tier 1 goods specified in an item in the table in Part 1 in clause 1 of Schedule 7 to the Customs Regulation 2015.\n\n> Note: In addition to the substances specified in this section, a substance that is a narcotic substance within the meaning of the Customs Act 1901 is a narcotic substance for the purposes of the Proceeds of Crime Act 2002—see paragraph (a) of the definition of narcotic substance in section 338 of the Act.\n\n#### 13 Indictable offences that are specified to be serious offences\n\n For the purposes of paragraph (h) of the definition of serious offence in section 338 of the Act, each indictable offence mentioned in an item in a table in Schedule 4 is specified.\n\n## Part 2—The confiscation scheme\n\n### Division 1—Orders about forfeited property\n\n#### 15 Function of responsible authority in relation to section 102 of Act\n\n To avoid doubt, the responsible authority may represent the Commonwealth in proceedings relating to an application for an order under section 102 of the Act.\n\n### Division 2—Pecuniary penalty orders\n\n#### 16 Penalty amounts exceeding court’s jurisdiction—certificate\n\n (1) For the purposes of subsection 144(1) of the Act, the following particulars are specified:\n (a) the name of the court that made the pecuniary penalty order;\n (b) the date of the order;\n (c) the amount of money that is to be paid under the order;\n (d) the name of the person who must pay the amount.\n (2) For the purposes of subsection 144(2) of the Act, the certificate may be registered in a court having jurisdiction with respect to the recovery of debts of an amount equal to the amount of the pecuniary penalty order by filing it in that court.\n\n### Division 3—Literary proceeds orders\n\n#### 17 Literary proceeds amounts exceeding the court’s jurisdiction—certificate\n\n (1) For the purposes of subsection 171(1) of the Act, the following particulars are specified:\n (a) the name of the court that made the literary proceeds order;\n (b) the date of the order;\n (c) the amount of money that is to be paid under the order;\n (d) the name of the person who must pay the amount.\n (2) For the purposes of subsection 171(2) of the Act, the certificate may be registered in a court having jurisdiction with respect to the recovery of debts of an amount equal to the literary proceeds amount by filing it in that court.\n\n## Part 3—Information gathering\n\n#### 18 Approved examiners\n\n For the purposes of paragraph 183(5)(a) of the Act, the following classes of people are specified:\n (a) persons who have held the office of judge in the Supreme Court, District Court or County Court of a State or Territory and have stated, in writing, that they are willing to be an approved examiner;\n (b) persons who have held the office of magistrate and have stated, in writing, that they are willing to be an approved examiner.\n\n#### 19 Approved form—examination notice\n\n For the purposes of section 185 of the Act, the form of examination notice set out in Schedule 5 is prescribed.\n\n#### 20 Unexplained wealth legislation of a State or Territory\n\n New South Wales\n (1) For the purposes of the definition of unexplained wealth legislation in section 338 of the Act, the unexplained wealth legislation of New South Wales is Division 2 of Part 3 of the Criminal Assets Recovery Act 1990 (NSW), and the other provisions of that Act that relate to that Division.\n\n> Note: Section 6 of the New South Wales Act (which defines serious crime related activity) is an example of a provision that relates to Division 2 of Part 3 of that Act because Division 2 refers to that term.\n\n South Australia\n (1AA) For the purposes of the definition of unexplained wealth legislation in section 338 of the Act, the unexplained wealth legislation of South Australia is the Serious and Organised Crime (Unexplained Wealth) Act 2009 (SA).\n Australian Capital Territory\n (1A) For the purposes of the definition of unexplained wealth legislation in section 338 of the Act, the unexplained wealth legislation of the Australian Capital Territory is Part 7A of the Confiscation of Criminal Assets Act 2003 (ACT), and the other provisions of that Act that relate to that Part.\n\n> Note: Section 11C of the Australian Capital Territory Act (which defines serious criminal activity) is an example of a provision that relates to Part 7A of that Act because Part 7A refers to that term.\n\n Northern Territory\n (2) For the purposes of the definition of unexplained wealth legislation in section 338 of the Act, the unexplained wealth legislation of the Northern Territory is Division 1 of Part 6 of the Criminal Property Forfeiture Act 2002 (NT), and the other provisions of that Act that relate to that Division.\n\n> Note: Section 100 of the Northern Territory Act (which allows a court to order that restrained property is forfeit to the Northern Territory if an unexplained wealth declaration has been made against a person who owns or effectively controls the property) is an example of a provision that relates to Division 1 of Part 6 of that Act because it relates to unexplained wealth declarations (which are made under that Division).\n\n## Part 4—Administration\n\n### Division 1—Powers and duties of the Official Trustee\n\n#### 21 Costs etc. payable to Official Trustee\n\n For the purposes of paragraph 288(1)(a) of the Act, there is payable to the Official Trustee an amount equal to the amount of costs, charges and expenses incurred in connection with the Official Trustee’s exercise of powers and performance of functions or duties under the Act, under Part VI of the Mutual Assistance Act or under section 208DA or Division 3 of Part XIII of the Customs Act 1901.\n\n#### 22 Remuneration of Official Trustee\n\n For the purposes of paragraph 288(1)(b) of the Act, the amount of remuneration payable to the Official Trustee in respect of the Official Trustee’s exercise of powers and performance of functions or duties under the Act, under Part VI of the Mutual Assistance Act or under section 208DA or Division 3 of Part XIII of the Customs Act 1901 is $62.50 for each period of 15 minutes, or part of 15 minutes.\n\n### Division 2—Confiscated Assets Account\n\n#### 23 Annual management fee for Confiscated Assets Account\n\n (1) For the purposes of paragraph 297(f) of the Act, the annual management fee of $272,500 is specified for the 2019 calendar year and each later calendar year.\n (2) The fee specified in subsection (1) is payable within 28 days after 27 December in the year to which the fee relates.\n (3) A fee mentioned in this section is the price of the taxable supply within the meaning of the A New Tax System (Goods and Services Tax) Act 1999.","sortOrder":23},{"sectionNumber":"21","sectionType":"section","heading":"Costs etc. payable to Official Trustee","content":"#### 21 Costs etc. payable to Official Trustee\n\n For the purposes of paragraph 288(1)(a) of the Act, there is payable to the Official Trustee an amount equal to the amount of costs, charges and expenses incurred in connection with the Official Trustee’s exercise of powers and performance of functions or duties under the Act, under Part VI of the Mutual Assistance Act or under section 208DA or Division 3 of Part XIII of the Customs Act 1901.","sortOrder":25},{"sectionNumber":"22","sectionType":"section","heading":"Remuneration of Official Trustee","content":"#### 22 Remuneration of Official Trustee\n\n For the purposes of paragraph 288(1)(b) of the Act, the amount of remuneration payable to the Official Trustee in respect of the Official Trustee’s exercise of powers and performance of functions or duties under the Act, under Part VI of the Mutual Assistance Act or under section 208DA or Division 3 of Part XIII of the Customs Act 1901 is $62.50 for each period of 15 minutes, or part of 15 minutes.","sortOrder":26},{"sectionNumber":"23","sectionType":"section","heading":"Annual management fee for Confiscated Assets Account","content":"#### 23 Annual management fee for Confiscated Assets Account\n\n (1) For the purposes of paragraph 297(f) of the Act, the annual management fee of $272,500 is specified for the 2019 calendar year and each later calendar year.\n (2) The fee specified in subsection (1) is payable within 28 days after 27 December in the year to which the fee relates.\n (3) A fee mentioned in this section is the price of the taxable supply within the meaning of the A New Tax System (Goods and Services Tax) Act 1999.","sortOrder":28},{"sectionNumber":"1A","sectionType":"section","heading":"Table 1A—Autonomous Sanctions Act 2011","content":"#### 1A Table 1A—Autonomous Sanctions Act 2011\n\n The following table specifies indictable offences against provisions of the Autonomous Sanctions Act 2011 for the purposes of paragraph (h) of the definition of serious offence in section 338 of the Proceeds of Crime Act 2002.\n\n| Item | An offence against any of the following provisions of the Autonomous Sanctions Act 2011 is a serious offence |\n| ---- | ------------------------------------------------------------------------------------------------------------ |\n| 1 | Subsections 16(1) and (2) (contravening a sanction law) |","sortOrder":33},{"sectionNumber":"1B","sectionType":"section","heading":"Table 1B—Charter of the United Nations Act 1945","content":"#### 1B Table 1B—Charter of the United Nations Act 1945\n\n The following table specifies indictable offences against provisions of the Charter of the United Nations Act 1945 for the purposes of paragraph (h) of the definition of serious offence in section 338 of the Proceeds of Crime Act 2002.\n\n| Item | An offence against any of the following provisions of the Charter of the United Nations Act 1945 is a serious offence |\n| ---- | --------------------------------------------------------------------------------------------------------------------- |\n| 1 | subsection 20(1) (dealing with freezable assets) |\n| 2 | subsection 21(1) (giving an asset to a proscribed person or entity) |\n| 3 | subsections 27(1) and (2) (contravening a UN sanction enforcement law) |","sortOrder":34},{"sectionNumber":"2","sectionType":"section","heading":"Table 2—Copyright Act 1968","content":"#### 2 Table 2—Copyright Act 1968\n\n The following table specifies indictable offences against provisions of the Copyright Act 1968 for the purposes of paragraph (h) of the definition of serious offence in section 338 of the Proceeds of Crime Act 2002.\n\n| Item | An offence against any of the following provisions of the Copyright Act 1968 is a serious offence |\n| ---- | --------------------------------------------------------------------------------------------------------------------------------------------- |\n| 1 | subsection 132AC(1) (commercial‑scale infringement prejudicing copyright owner) |\n| 2 | subsection 132AD(1) (making infringing copy commercially) |\n| 3 | subsection 132AE(1) (selling or hiring out infringing copy) |\n| 4 | subsections 132AF(1) and (2) (offering infringing copy for sale or hire) |\n| 5 | subsections 132AG(1) and (2) (exhibiting infringing copy in public commercially) |\n| 6 | subsection 132AH(1) (importing infringing copy commercially) |\n| 7 | subsections 132AI(1) and (2) (distributing infringing copy) |\n| 8 | subsection 132AJ(1) (possessing infringing copy for commerce) |\n| 9 | subsections 132AL(1) and (2) (making or possessing device for making infringing copy) |\n| 10 | subsection 132AN(1) (causing work to be performed publicly) |\n| 11 | subsection 132AO(1) (causing recording or film to be heard or seen in public) |\n| 12 | subsection 132AQ(1) (removing or altering electronic rights management information) |\n| 13 | subsection 132AR(1) (distributing, importing or communicating copies after removal or alteration of electronic rights management information) |\n| 14 | subsection 132AS(1) (distributing or importing electronic rights management information) |","sortOrder":35},{"sectionNumber":"2A","sectionType":"section","heading":"Table 2A—Crimes Act 1914","content":"#### 2A Table 2A—Crimes Act 1914\n\n The following table specifies indictable offences against provisions of the Crimes Act 1914 (as in force before 15 April 2010) for the purposes of paragraph (h) of the definition of serious offence in section 338 of the Proceeds of Crime Act 2002.\n\n| Item | An offence against any of the following provisions of the Crimes Act 1914 (as in force before 15 April 2010) is a serious offence |\n| ---- | --------------------------------------------------------------------------------------------------------------------------------- |\n| 1 | section 50BA (sexual intercourse with child under 16) |\n| 2 | section 50BB (inducing child under 16 to engage in sexual intercourse) |\n| 3 | section 50BC (sexual conduct involving child under 16) |\n| 4 | section 50BD (inducing child under 16 to be involved in sexual conduct) |\n| 5 | section 50DA (benefiting from offence against Part IIIA) |\n| 6 | section 50DB (encouraging offence against Part IIIA) |","sortOrder":36},{"sectionNumber":"4","sectionType":"section","heading":"Table 4—Taxation Administration Act 1953","content":"#### 4 Table 4—Taxation Administration Act 1953\n\n The following table specifies indictable offences against provisions of the Taxation Administration Act 1953 for the purposes of paragraph (h) of the definition of serious offence in section 338 of the Proceeds of Crime Act 2002.\n\n| Item | An offence against any of the following provisions of the Taxation Administration Act 1953 is a serious offence |\n| ---- | ---------------------------------------------------------------------------------------------------------------- |\n| 1 | subsection 308‑15(1) in Schedule 1 (possession of tobacco (100 kilograms or above)—reasonable suspicion offence) |\n\nSchedule 5—Forms\n\nNote: See section 19.\n\nForm 1—Examination notice\n\nProceeds of Crime Act 2002\n\nNOTICE TO ATTEND EXAMINATION\n\nTO \\[Insert name and address of person\\]\n\nUnder section 183 of the Proceeds of Crime Act 2002, I require you to attend an examination at the time and place mentioned below.\n\nTIME: \\[Insert time of examination\\]\n\nPLACE: \\[Insert place of examination\\]\n\nYou must produce the following documents at the examination:\n\n\\[Insert list of documents required (if any)\\]\n\n\\[Insert signature of approved examiner\\]\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\n\\[Insert name of approved examiner\\]\n\nApproved examiner under section 183 of the Proceeds of Crime Act 2002.\n\n\\[Insert date\\]","sortOrder":38}],"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"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Regulations do not expand substantive powers; they implement and clarify the Act. Across multiple provisions the instrument repeatedly states items are \"for the purposes of\" defined terms in the Proceeds of Crime Act 2002 (eg. regs 5–13, 15, 16, 17, 18–20, 21–23). It specifies who may act, what counts as specified orders or substances, procedural forms and fixed fees, rather than altering the Act’s core scope or creating new criminal or civil liabilities."},"complexity_factors":["Extensive cross‑references to the Proceeds of Crime Act 2002 and multiple other statutes (e.g. Customs Act 1901, Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990 and many State confiscation Acts), increasing interpretive load (see regs 3, 12, schedules).","Multiple detailed Schedules listing interstate forfeiture, pecuniary penalty and restraining orders and specified indictable offences, requiring cross‑checking with State/Territory laws (Schedules 1–4).","Technical definitions and carve‑outs (eg. meaning of authorised officer and enforcement agency, with explicit exclusions) that change application depending on context (reg 6, reg 8).","Monetary prescriptions and payment rules with precise amounts and timings (Official Trustee remuneration at $62.50 per 15 minutes (reg 22); annual management fee $272,500 and payment date (reg 23)).","Procedural prescriptions for information‑gathering (classes of approved examiners; a prescribed examination notice form) that create administrative obligations (regs 18–19 and Schedule 5).","Repetition and sectional overlap within the instrument increase navigation and compliance burden (same provisions and tables recur across Parts and Divisions)."],"plain_english_summary":"These Regulations operationalise the Proceeds of Crime Act 2002 by specifying technical definitions, procedural forms, lists of corresponding State/Territory orders and fixed fees. They name authorised classes (including ATO staff), declare which interstate forfeiture/penalty/restraining orders count for the Commonwealth, set Official Trustee pay and an annual management fee, and prescribe an examination‑notice form.\n\nThey matter because they decide who can act, what counts as narcotic or a serious offence, who pays specified costs, and how interstate orders and debt recovery are recognised."},"kimi_summary":{"_metrics":{"completionTokens":634},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulations remain within their intended scope as machinery provisions supporting the Proceeds of Crime Act 2002. They perform the standard function of regulations made under that Act: defining terms, specifying corresponding laws, setting administrative details, and prescribing forms. No significant scope expansion is evident."},"complexity_factors":["Extensive cross-referencing to the parent Act (Proceeds of Crime Act 2002) and multiple other Commonwealth, state and territory statutes","Multiple schedules containing detailed tables mapping interstate orders with specific legislative provisions","Conditional definitions with exceptions (e.g., 'authorised officer' definition excludes Part 3-5 and 'executing officer' definition)","Nested legislative references (e.g., definitions rely on Customs Act 1901, Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990, Customs Regulation 2015)","Prescribed forms with variable fields requiring insertion of specific details","Monetary specifications with time-based calculations (remuneration per 15-minute intervals) and annual indexed fees"],"plain_english_summary":"These regulations implement the Proceeds of Crime Act 2002, enabling federal confiscation and management of proceeds from serious crime by defining key roles, recognising corresponding state and territory orders, and prescribing administrative procedures for examinations, certificates, fees and asset management. They also maintain the list of qualifying serious offences.\n\nThey affect people subject to confiscation, law enforcement and revenue agencies (including the ATO), courts, legal practitioners and the Official Trustee, ensuring consistent, nationwide recovery and handling of criminal proceeds."}},"importantCases":[],"_links":{"self":"/api/acts/proceeds-of-crime-regulations-2019","history":"/api/acts/proceeds-of-crime-regulations-2019/history","analysis":"/api/acts/proceeds-of-crime-regulations-2019/analysis","conflicts":"/api/acts/proceeds-of-crime-regulations-2019/conflicts","importantCases":"/api/acts/proceeds-of-crime-regulations-2019/important-cases","documents":"/api/acts/proceeds-of-crime-regulations-2019/documents"}}