{"id":"serious-and-organised-crime-unexplained-wealth-regulations-2025","name":"Serious and Organised Crime (Unexplained Wealth) Regulations 2025","slug":"serious-and-organised-crime-unexplained-wealth-regulations-2025","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":237193,"registerId":"sa-serious-and-organised-crime-unexplained-wealth-regulations-2025-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Serious and Organised Crime (Unexplained Wealth) Regulations 2025","content":"South Australia\nSerious and Organised Crime (Unexplained Wealth) Regulations 2025\nunder the Serious and Organised Crime (Unexplained Wealth) Act 2009\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tCorresponding unexplained wealth orders (section 3(1))\n5\tDeposit holders (section 3(1))\n6\tPrescribed requirements for duplicate warrant (section 16(4)(g)(ii))\n7\tPrescribed form of notice (section 17)\n8\tPrescribed manner of giving notices (section 38)\nSchedule 1—Prescribed form of notice\nSchedule 2—Repeal of Serious and Organised Crime (Unexplained Wealth) Regulations 2010\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Serious and Organised Crime (Unexplained Wealth) Regulations 2025.\n2—Commencement\nThese regulations come into operation on the day on which they are made.\n3—Interpretation\nIn these regulations, unless the contrary intention appears—\nAct means the Serious and Organised Crime (Unexplained Wealth) Act 2009;\npayment services means services providing for, or facilitating, the payment or transfer of money or the granting of credit by 1 person to another person (and includes a service provided by electronic means).\n4—Corresponding unexplained wealth orders (section 3(1))\n\t(1)\tThe following kinds of orders made under a law of a State, Territory or the Commonwealth are declared to be within the definition of corresponding unexplained wealth order in section 3(1) of the Act:\n\t(a)\torders that are made under relevant Acts and that require the payment of an amount of money by a person in respect of property or benefits that have not been lawfully acquired;\n\t(b)\torders that are made under relevant Acts and that are similar in nature to literary proceeds orders under the Criminal Assets Confiscation Act 2005;\n\t(c)\trecognised Australian pecuniary penalty orders (within the meaning of the Criminal Assets Confiscation Act 2005).\n\t(2)\tThe following are relevant Acts for the purposes of this regulation:\n\t(a)\tthe Criminal Assets Recovery Act 1990 of New South Wales;\n\t(b)\tthe Confiscation of Proceeds of Crime Act 1989 of New South Wales;\n\t(c)\tthe Confiscation Act 1997 of Victoria;\n\t(d)\tthe Criminal Proceeds Confiscation Act 2002 of Queensland;\n\t(e)\tthe Criminal Property Confiscation Act 2000 of Western Australia;\n\t(f)\tthe Crimes (Confiscation of Profits) Act 1993 of Tasmania;\n\t(g)\tthe Criminal Property Forfeiture Act 2002 of the Northern Territory;\n\t(h)\tthe Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory;\n\t(i)\tthe Proceeds of Crime Act 2002 of the Commonwealth.\n5—Deposit holders (section 3(1))\nInstitutions that engage in any 1 or more of the following activities are declared to be deposit holders for the purposes of the definition in section 3(1) of the Act:\n\t(a)\tacting as an agent for an ADI;\n\t(b)\tacting as a broker (of any kind);\n\t(c)\tthe provision of accountancy services;\n\t(d)\tthe provision of betting or gaming services;\n\t(e)\tthe provision of payment services;\n\t(f)\tmoney lending;\n\t(g)\tdealing in commodities.\n6—Prescribed requirements for duplicate warrant (section 16(4)(g)(ii))\nFor the purposes of section 16(4)(g)(ii) of the Act, the duplicate warrant must comply with the following additional requirements:\n\t(a)\tthe duplicate warrant must specify that it is a duplicate warrant and has been filled out following the making of an application to a judicial officer by telephone;\n\t(b)\tthe duplicate warrant must specify the date on which, and time at which, the judicial officer signed the warrant.\n7—Prescribed form of notice (section 17)\nThe notice set out in Schedule 1 is prescribed for the purposes of section 17(4)(a) of the Act.\n8—Prescribed manner of giving notices (section 38)\nFor the purposes of section 38 of the Act, the following additional manners of giving or serving a notice, order or other document are prescribed:\n\t(a)\tin the case of a notice, order or other document to be given to or served on a corporation—\n\t(i)\tby leaving it for the corporation at the registered address of the corporation; or\n\t(ii)\tby posting it to the corporation at the registered address of the corporation;\n\t(b)\tin any case—\n\t(i)\tby a means indicated by the person as being an available means of service (such as by email, fax or by delivering it, addressed to the person, to the facilities of a document exchange); or\n\t(ii)\tby any other means in accordance with Chapter 5 Part 2 of the Uniform Civil Rules 2020 made under the Supreme Court Act 1935, the District Court Act 1991 and the Magistrates Court Act 1991 and as in force from time to time.\nSchedule 1—Prescribed form of notice\nNotice of execution of warrant under Serious and Organised Crime (Unexplained Wealth) Act 2009 (section 17(4)(a))\n\nTo:\n\n(use this box if a person was searched—insert the name and address of the person)\nThe occupier of the following premises:\n\n\n(use this box in any other case)\nDetails of issue of warrant:\nName of judicial officer who issued warrant:\nDate of issue of warrant:\nTime of issue of warrant:\nDetails of execution of warrant:\nPolice officer who executed warrant:\nName:\nRank:\nNumber:\nDate of execution of warrant:\nSeizure of documents or articles:\n(tick one box and, if documents or articles seized, fill in details)\n\t□\tNo documents or articles were seized under the warrant.\n\t□\tThe following documents or articles were seized under the warrant:\n\n(attach additional pages if insufficient space)\nSignature of police officer who executed warrant:\nSchedule 2—Repeal of Serious and Organised Crime (Unexplained Wealth) Regulations 2010\nThe Serious and Organised Crime (Unexplained Wealth) Regulations 2010 are repealed.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2025\n70\nGazette 31.7.2025 p2878 \n31.7.2025: r 2\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the legislative text was not available for analysis. The title suggests regulations supplementing existing unexplained wealth legislation in South Australia, but no content was retrievable to confirm whether the scope aligns with or diverges from the parent Act's original intent."},"complexity_factors":["No legislative content was retrievable — only a 404 error page was provided","Score reflects minimal complexity of the error page itself, not the underlying legislation","Unexplained wealth regulations as a class are typically moderately to highly complex (would likely score 7-8 if content were available), but this cannot be assessed here"],"plain_english_summary":"The Serious and Organised Crime (Unexplained Wealth) Regulations 2025 (SA) are subordinate rules enabling authorities to target and seize assets when owners cannot explain their lawful origin, even without a criminal conviction. They sit inside South Australia’s serious and organised crime framework and chiefly affect people with significant assets who may face a reversed burden to prove their wealth is legitimate."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly scoped to their original purpose: operational details for South Australia's unexplained wealth regime. The expansion of 'deposit holders' reflects modern financial services rather than mission creep, and the cross-border recognition provisions align with the Act's original intent to cooperate with other jurisdictions."},"complexity_factors":["Only 8 substantive regulations plus 2 schedules","Minimal defined terms (just 2: 'Act' and 'payment services')","Straightforward declaratory provisions (listing specific Acts and activities) rather than conditional logic","No nested exceptions or complex cross-referencing beyond basic section references to the parent Act","Schedule 1 is a simple form template with blank fields","Single repeal provision with no transitional arrangements"],"plain_english_summary":"These regulations support South Australia's unexplained wealth laws, which let police seize money and property from people who can't prove they got it legally.\n\n**What this does:**\n- **Expands who police can investigate** by broadening the definition of \"deposit holders\" (businesses that handle money). Now includes accountants, betting companies, payment services like PayPal or crypto platforms, money lenders, commodity traders, and brokers—not just banks.\n- **Recognises court orders from other states and the Commonwealth** so South Australia can enforce unexplained wealth orders made elsewhere in Australia.\n- **Sets rules for urgent warrants** issued by phone, requiring duplicates to show they were phone-approved and when.\n- **Creates a standard form** police must leave after searching premises or people, showing what was seized and who authorised the search.\n- **Updates how legal documents can be served**, adding email, fax, document exchange, and court rules as valid methods.\n- **Repeals the old 2010 regulations** and replaces them with this updated version.\n\n**Who it affects:**\n- People suspected of organised crime who can't explain their wealth.\n- Financial businesses now caught by broader \"deposit holder\" rules.\n- Police and courts handling cross-border enforcement.\n\n**Why it matters:**\nThese rules make it easier for authorities to follow the money trail across state lines and through modern financial services, while adding paperwork safeguards for phone-issued warrants."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"These regulations alter operational scope compared with the previous subordinate rules by (a) explicitly treating certain State, Territory and Commonwealth confiscation orders as \"corresponding unexplained wealth orders\" (reg 4), (b) expanding the category of entities treated as \"deposit holders\" to include a wide set of intermediaries and commercial actors (reg 5), (c) prescribing additional formal requirements for duplicate warrants (reg 6) and a standard notice form and service methods (reg 7, reg 8, Sch 1). They also repeal the 2010 regulations (Sch 2). Practical effects: regulated institutions face clarified and potentially wider compliance obligations; police and courts must follow tighter document and service procedures; legal interpretation will require cross-referencing the Act, these regulations and multiple external statutes and procedural rules."},"complexity_factors":["Cross-jurisdictional recognition: declares specified State, Territory and Commonwealth confiscation laws as \"corresponding unexplained wealth orders\" (reg 4) requiring coordinative interpretation across statutes.","Broad, functional definition of deposit holders: lists diverse commercial actors (agents for ADIs, brokers, accountants, betting/gaming, payment services, money lending, commodities dealers) (reg 5), creating wide compliance reach.","Procedural specificity: imposes formal requirements for duplicate warrants (must state it is a duplicate and record date/time when the judicial officer signed) (reg 6), increasing administrative detail for police and courts.","Prescribed forms and service methods: prescribes a notice template (reg 7, Sch 1) and multiple manners of service including electronic means and references to the Uniform Civil Rules (reg 8), tying practice to external procedural rules.","Repeal of prior regulations: removes the 2010 regulations (Sch 2), raising transitional/interpretive issues where prior practice differed.","Reliance on the parent Act and external rules: multiple provisions operate only by reference to the Act (definitions, section numbers) and to Chapter 5 Part 2 of the Uniform Civil Rules, so understanding requires reading several instruments together."],"plain_english_summary":"These regulations set out practical rules for how the Unexplained Wealth Act works. They name which interstate and Commonwealth confiscation orders count as equivalent orders, list the types of institutions treated as \"deposit holders\", require specific wording and timing details for duplicate warrants, prescribe a notice form and acceptable ways to serve notices, and repeal the 2010 regulations. They affect police, judicial officers, banks and intermediaries, corporations and anyone subject to unexplained-wealth process because they fix who must cooperate, how documents must look, and how they may be served."}},"importantCases":[],"_links":{"self":"/api/acts/serious-and-organised-crime-unexplained-wealth-regulations-2025","history":"/api/acts/serious-and-organised-crime-unexplained-wealth-regulations-2025/history","analysis":"/api/acts/serious-and-organised-crime-unexplained-wealth-regulations-2025/analysis","conflicts":"/api/acts/serious-and-organised-crime-unexplained-wealth-regulations-2025/conflicts","importantCases":"/api/acts/serious-and-organised-crime-unexplained-wealth-regulations-2025/important-cases","documents":"/api/acts/serious-and-organised-crime-unexplained-wealth-regulations-2025/documents"}}