194 Transitional provision—Major Crime and Community Safety Legislation Amendment Act 2022
amending Actmeans the Major Crime and Community Safety Legislation Amendment Act 2022.
(2) This Act, as amended by Division 1 of Part 2 of the amending Act, applies to an application for a freezing order that is made on or after the commencement of that Division irrespective of whether the offence to which the application relates is alleged to have been committed before, on or after that commencement.
(3) This Act, as amended by Division 3 of Part 2 of the amending Act, applies only to an application for an exclusion order that is made on or after the commencement of that Division irrespective of when the restraining order to which the application relates was made or the property to which the application relates was forfeited (as the case may be).
(4) This Act, as amended by sections 34 and 35 of the amending Act, applies with respect to an interest in land that becomes subject to a charge on land before, on or after the commencement of sections 34 and 35 of the amending Act.
(5) This Act, as amended by Division 8 of Part 2 (other than section 44) of the amending Act, applies only with respect to an application for an examination order or a production order that is made on or after the commencement of that Division irrespective of—
(a) whether the offence to which the application relates is alleged to have been committed before, on or after that commencement; or
(b) when the pecuniary penalty order, compensation or restitution order was made.
(6) Section 15, as amended by section 47 of the amending Act, applies to a restraining order that is made on or after the commencement of that section of the amending Act—
(a) to satisfy a pecuniary penalty order, irrespective of whether the pecuniary penalty order was made before or is made on or after that commencement; and
(b) to satisfy any order for restitution or compensation under the Sentencing Act 1991, irrespective of whether the order was made before or is made on or after that commencement.
(7) Section 31, as amended by section 54 of the amending Act, applies to a compensation order that is made on or after 16 October 2020.
(8) Section 33, as amended by section 22 of the amending Act, applies only with respect to an application that is made on or after the commencement of section 22 of the amending Act irrespective of whether the offence to which the application relates is alleged to have been committed before, on or after that commencement.
(9) Section 45A, as amended by section 23 of the amending Act, applies to an application that is made before, on or after the commencement of section 23 of the amending Act.
(10) Sections 15A(2)(ca), 27(11) and 27A, as inserted by Division 9 of Part 2 of the amending Act apply to a restraining order irrespective of when the order was made.
(11) Sections 28(1) and 28A, as amended by Division 9 of Part 2 of the amending Act, applies only to a restraining order that is made on or after the commencement of Division 9 irrespective of whether the offence to which the order relates is alleged to have been committed before, on or after that commencement.
(12) Section 24 as amended by section 58 of the amending Act applies to any restraining order in effect irrespective of when the order is made.
(13) Section 27 as amended by section 59 of the amending Act applies to any restraining order in effect irrespective of when the order is made.
(14) Section 31G as amended by section 60 of the amending Act applies only to a freezing order that is made on after the commencement of section 60.
(15) Section 97H, as amended by section 63 of the amending Act, applies only to a warrant issued on or after the commencement of section 63.
(16) Section 97T, as amended by section 64 of the amending Act, applies only to a warrant issued on or after the commencement of section 64.
(17) Sections 80A and 80B apply only with respect to a search warrant that is issued on or after the commencement of section 12 of the amending Act irrespective of when—
(a) the offence to which the warrant relates is suspected to have been committed; or
(b) the offence to which the tainted property relates is alleged to have been committed; or
(c) the property to which the warrant relates is forfeited.
(18) Section 88, as amended by section 13 of the amending Act, applies only with respect to a seizure warrant that was issued on or after the commencement of section 13 of the amending Act.
(19) Section 92A, as inserted by section 14 of the amending Act, applies only with respect to a search warrant that is issued on or after the commencement of section 14 of the amending Act irrespective of when the offence to which the warrant relates is suspected to have been committed.
(20) Section 118D, as amended by section 44 of the amending Act, applies only to notices issued on or after the commencement of section 44 of the amending Act.
(21) The amendments made to Schedule 2 by section 69 of the amending Act apply only with respect to an offence alleged to have been committed on or after the commencement of section 69 of the amending Act.
(22) For the purposes of subsection (21), if an offence is alleged to have been committed between two dates, one before and one on or after the commencement of section 69 of the amending Act, the offence is alleged to have been committed before that commencement.
Schedules
Sch. 1 (Heading) substituted by No. 87/2004 s. 22(2)(x).
Schedule 1—Offences—Forfeiture on court order
An indictable offence against the law of Victoria.
Sch. 1 item 2 substituted by No. 87/2004 s. 22(2)(y).
A Schedule 2 offence.
Sch. 1 item 3 substituted by No. 16/2006 s. 198(Sch. 2 item 2).
An offence against section 34(1)(c) of the Aboriginal Heritage Act 2006 (buying or selling an Aboriginal object).
Sch. 1 item 3A inserted by No. 3/2019 s. 82.
3A. An offence against any of the following provisions of the Australian Consumer Law (Victoria)—
(a) section 158(1) (accepting payment or other consideration for goods or services and not intending to supply the goods or services);
(b) section 158(3) (accepting payment or other consideration for goods or services and intending to supply materially different goods or services).
An offence against any of the following provisions of the Casino Control Act 1991—
(i) section 34 (sale or demonstration of computer game);
(j) section 36(1) (sale or demonstration of unclassified or RC computer game);
(k) section 45(1) or (2) (possession or copying of unclassified or RC computer game for purpose of sale or demonstration);
(l) section 57(1) (publication or transmission of objectionable material).
Sch. 1 item 5AA inserted by No. 75/2011 s. 27(a).
5AA. An offence against any of the following provisions of the Domestic Animals Act 1994, where the offence relates to the conduct of a breeding domestic animal business within the meaning of that Act—
(a) section 45 (conduct domestic animal business on unregistered premises);
(b) section 63A (non-compliance with Code of Practice), where it is the second or subsequent offence against that section.
Sch. 1 item 5A inserted by No. 63/2003 s. 36(1).
5A. An offence against section 54(5) of the Dangerous Goods Act 1985 (selling or otherwise dealing with an unauthorised explosive).
Sch. 1 item 5B inserted by No. 40/2017 s. 25.
5B. An offence against any of the following provisions of the Drugs, Poisons and Controlled Substances Act 1981—
(a) section 56D (producing a psychoactive substance);
(b) section 56E(1) or (2) (selling or supplying a psychoactive substance);
(c) section 56F(1) or (2) (advertising a psychoactive substance).
An offence against any of the following provisions of the Fisheries Act 1968—
(b) section 13D(4) (possessing abalone without prescribed abalone docket);
(c) section 17(1), (1A), (1B) or (1C) (unlicensed operation; exceeding bag limit of abalone; failure to comply with abalone processor's or storer's licence; scalloping in Port Phillip Bay);
(d) section 37 (destruction of boundary marks);
(e) section 52 (using prohibited equipment);
(f) section 59 (using poison to take fish);
(g) section 60(1) (use of explosives);
(h) section 61(1) or (3) (taking undersize fish) where the penalty imposed is 50 penalty units or more;
(i) section 61B (possessing abalone in excess of bag limit) where the penalty imposed is 50 penalty units or more;
(j) section 63(1) (poisoning or polluting waters containing fish);
(k) section 68(3) (failure to comply with notice to cease poisoning waters containing fish).
An offence against any of the following provisions of the Fisheries Act 1995—
Sch. 1 item 10(b) substituted by No. 56/2014 s. 61(1).
(b) section 2.2.8 (advertising of unauthorised gambling prohibited);
Sch. 1 items 10(c)-(i) repealed by No. 56/2014 s. 61(2).
Sch. 1 item 10(j) repealed by No. 52/2009 s. 17.
Sch. 1 item 10(k) repealed by No. 56/2014 s. 61(2).
(l) section 3.4.68(1) or (2) (payments to venue operator by manufacturer or supplier of gaming equipment);
(m) section 3.5.28(1), (2), (3) or (4) (inducements, cheating etc.);
(n) section 3.5.31 (extending credit for playing gaming machine);
(o) section 4.7.5(1) or (2) (inducements, cheating etc.);
(p) section 4.7.6 (extending credit etc.);
Sch. 1 item 10(q) amended by No. 56/2010 s. 73.
(q) section 8.2.2(b) (conducting session of bingo games otherwise than in accordance with Act);
(r) section 10.5.17 (impersonation of inspector or commissioner);
(s) section 10.5.18(1) or (2) (bribery of authorised person).
Sch. 1 items 11–13 repealed by No. 114/2003 s. 12.1.3 (Sch. 6 item 3).
Sch. 1 item 13A inserted by No. 63/2003 s. 36(7), amended by No. 26/2024 s. 46(2).
13A. An offence against any of the following provisions of the National Parks Act 1975—
(a) section 45A(1) (taking fish or fishing bait for sale in marine national park or marine sanctuary);
(b) section 45A(2) (taking fish or fishing bait for purposes other than sale without permit in marine national park or marine sanctuary);
(c) section 45A(3) (growing etc. fish or fishing bait in marine national park or marine sanctuary);
(d) section 45A(4) (being in a prescribed area in charge of prescribed boat or in charge of boat carrying prescribed equipment);
(e) section 45A(5) (possessing or being in charge of boat carrying a priority species).
Sch. 1 item 13B inserted by No. 75/2011 s. 27(b).
13B. An offence against any of the following provisions of the Prevention of Cruelty to Animals Act 1986, where the offence relates to the conduct of a breeding domestic animal business within the meaning of the Domestic Animals Act 1994—
(a) section 9 (cruelty);
(b) section 10 (aggravated cruelty).
An offence against any of the following provisions of the Racing Act 1958—
(a) section 29 (1A), (1B) or (1C) (receipt of direct financial benefit from profits of race-meeting);
Sch. 1 item 14AA inserted by No. 51/2024 s. 70(1).
14AA. An offence against any of the following provisions of the Tobacco Act 1987—
(a) section 11A(1) (possession of illicit tobacco);
(b) section 11A(2) (possession of commercial quantity of illicit tobacco);
(c) section 11A(3) (supply of illicit tobacco);
(d) section 33A(1) (selling a tobacco product without a licence).
Sch. 1 item 14A inserted by No. 48/2021 s. 139.
14A. An offence against any of the following provisions of the Water Act 1989—
(a) section 33E(3) (taking water without authorisation under a water share);
(b) section 63(3) (taking or using water from a non-declared water system);
(c) section 289(3) (taking, using or diverting an Authority's water);
(d) section 289B(3) (interfering with the flow of water under the control and management of an Authority).
An offence against any of the following provisions of the Wildlife Act 1975—
Sch. 1 item 15(a) amended by No. 43/1998
s. 38(a).
(a) section 41(1) or (2) (taking or possessing etc. endangered wildlife) as in force immediately before the commencement of section 14 of the Wildlife (Amendment) Act 1997;
Sch. 1 item 15(b) amended by No. 43/1998
s. 38(b).
(b) section 42(1) or (2) (taking or possessing etc. notable wildlife) as in force immediately before the commencement of section 14 of the Wildlife (Amendment) Act 1997;
Sch. 1 item 15(c) amended by No. 43/1998
s. 38(c).
(c) section 43(1) or (2) (taking or possessing etc. protected wildlife) as in force immediately before the commencement of section 14 of the Wildlife (Amendment) Act 1997;
Sch. 1 item 15(d) amended by No. 43/1998
s. 38(d).
(d) section 43A (possessing unlawfully taken wildlife) as in force immediately before the commencement of section 14 of the Wildlife (Amendment) Act 1997;
Sch. 1 item 15(e) amended by No. 43/1998
s. 38(e).
(e) section 45 (taking eggs of protected wildlife) as in force immediately before the commencement of section 14 of the Wildlife (Amendment) Act 1997;
Sch. 1 item 15(f) amended by No. 43/1998
s. 38(f).
(f) section 46 (trapping wild duck etc.) as in force immediately before the commencement of section 14 of the Wildlife (Amendment) Act 1997;
Sch. 1 item 15(g) amended by No. 43/1998
s. 38(g).
(g) section 47(1) (taking protected wildlife in close season) as in force immediately before the commencement of section 14 of the Wildlife (Amendment) Act 1997;
Sch. 1 item 15(h) amended by No. 43/1998
s. 38(h).
(h) section 48(1) (setting dog on wildlife not being game) as in force immediately before the commencement of section 14 of the Wildlife (Amendment) Act 1997;
Sch. 1 item 15(ha) inserted by No. 43/1998
(ha) section 41 (hunting, taking or destroying endangered wildlife);
Sch. 1 item 15(hb) inserted by No. 43/1998
(hb) section 42 (hunting, taking or destroying notable wildlife);
Sch. 1 item 15(hc) inserted by No. 43/1998
(hc) section 43 (hunting, taking or destroying protected wildlife);
Sch. 1 item 15(hd) inserted by No. 43/1998
(hd) section 45 (acquiring etc. endangered wildlife);
Sch. 1 item 15(he) inserted by No. 43/1998
(he) section 46 (acquiring etc. notable wildlife);
Sch. 1 item 15(hf) inserted by No. 43/1998
(hf) section 47 (acquiring etc. protected wildlife);
Sch. 1 item 15(hg) inserted by No. 43/1998
(hg) section 47D (wildlife unlawfully taken);
(i) section 49(2) (contravening Order prohibiting possession etc. of wildlife);
(j) section 50(1) (importing or exporting wildlife without permit);
(k) section 52 (release of wildlife and animals from captivity or confinement);
(l) section 53 (use of prohibited equipment);
(m) section 54(1) (killing etc. wildlife by poison);
(n) section 55 (using bird-lime etc.);
(o) section 56(1) (use or possession of punt gun);
(p) section 58 (molesting etc. protected wildlife during close season);
(q) section 60A(2) (failure to comply with demand to produce firearms licence or permit);
(t) section 74E(1) (contravention of licence conditions etc.);
(u) section 76(3) (failure to release whale);
(v) section 77(1) (action to be taken with respect to killing or taking of whale);
(w) section 80 (breach of permit condition).
Sch. 1 item 15A inserted by No. 3/2019 s. 29.
15A. An offence against any of the following provisions of the Second-Hand Dealers and Pawnbrokers Act 1989—
(a) section 5(1) or (1A) (carrying on business as a second-hand dealer or pawnbroker without registration);
(b) section 19A(1) or (2) (payment for scrap metal);
(c) section 19B(1), (2) or (3) (buying, disposing of or possessing unidentified motor vehicles);
(d) section 22(2) (failing to inform police officer of suspicion that goods in possession may have been stolen).
Sch. 1 item 16 inserted by No. 43/1998
s. 38(j), repealed by No. 47/2016 s. 35(4).
Sch. 1 item 17 inserted by No. 44/1999 s. 33(2), amended by No. 63/2010 s. 81(Sch. item 2.1), substituted by No. 73/2011 s. 16, amended by No. 7/2022 s. 64.
An offence against any of the following provisions of the Sex Work Act 1994 despite its repeal by the Sex Work Decriminalisation Act 2022—
(a) section 17(1) (publishing or causing to be published advertisement for sex work services);
(b) section 17(2) (causing advertisement for sex work services to be broadcast or televised);
(c) section 17(3) (publishing or causing to be published statement to induce persons to seek employment in sex work);
(d) section 17(4) (advertising as provider of massage services);
(e) section 22(1A) (sex work service providers to be licensed);
(f) section 57(1) (licensee carrying on business with unlicensed partner).
Sch. 1 item 18 inserted by No. 44/1999 s. 33(2), amended by No. 104/2003 s. 5(9).
An offence against section 123 of this Act (possession etc. of property suspected of being proceeds of crime), as in force immediately before its repeal by section 5(1) of the Crimes (Money Laundering) Act 2003.
Sch. 1 item 19 inserted by No. 104/2003 s. 5(10).
An offence against section 195 of the Crimes Act 1958.
Sch. 2 (Heading) substituted by No. 87/2004 s. 22(2)(z).
Schedule 2—Offences—Automatic forfeiture and civil forfeiture
An offence against any of the following provisions of the Drugs, Poisons and Controlled Substances Act 1981—
Sch. 2 item 1(a) substituted by No. 61/2001 s. 11(1)(a).
(a) section 71 (trafficking in a quantity of a drug or drugs of dependence that is not less than the large commercial quantity applicable to that drug or those drugs);
Sch. 2 item 1(ab) inserted by No. 61/2001 s. 11(1)(a), amended by No. 3/2019 s. 20(2).
(ab) section 71AA(1) (trafficking in a quantity of a drug or drugs of dependence that is not less than the commercial quantity applicable to that drug or those drugs);
Sch. 2 item 1(aba) inserted by No. 3/2019 s. 20(3).
(aba) section 71AA(2) (trafficking in a quantity of a drug or drugs of dependence that is not less than the commercial quantity applicable to that drug or those drugs for the benefit of or at the direction of a criminal organisation);
Sch. 2 item 1(ac) inserted by No. 63/2003 s. 37(1), amended by No. 2/2016 s. 17(1)(a).
(ac) section 71AB(1) (trafficking in a drug of dependence to a child) where—
(ii) the quantity of the drug of dependence trafficked is not less than the automatic forfeiture quantity specified in column 2B of Part 3 of Schedule Eleven to that Act applicable to that drug;
Sch. 2 item 1(aca) inserted by No. 2/2016 s. 17(1)(b).
(aca) section 71AB(2) (trafficking in a drug of dependence to a child at a school or in a public place within 500 metres of a school) where—
(ii) the quantity of the drug of dependence trafficked is not less than the automatic forfeiture quantity specified in column 2B of Part 3 of Schedule Eleven to that Act applicable to that drug;
Sch. 2 item 1(ad) inserted by No. 63/2003 s. 37(1), amended by No. 2/2016 s. 17(2)(a).
(ad) section 71AC(1) (trafficking in a drug of dependence) where—
(ii) the quantity of the drug of dependence trafficked is not less than the automatic forfeiture quantity specified in column 2B of Part 3 of Schedule Eleven to that Act applicable to that drug;
Sch. 2 item 1(ada) inserted by No. 2/2016 s. 17(2)(b).
(ada) section 71AC(2) (trafficking in a drug of dependence at a school or in a public place within 500 metres of a school) where—
(ii) the quantity of the drug of dependence trafficked is not less than the automatic forfeiture quantity specified in column 2B of Part 3 of Schedule Eleven to that Act applicable to that drug;
Sch. 2 item 1(b) substituted by No. 61/2001 s. 11(1)(b).
(b) section 72 (cultivation of a narcotic plant in a quantity of a drug of dependence, being a narcotic plant, that is not less than the large commercial quantity applicable to that narcotic plant);
Sch. 2 item 1(ba) inserted by No. 61/2001 s. 11(1)(b).
(ba) section 72A (cultivation of a narcotic plant in a quantity of a drug of dependence, being a narcotic plant, that is not less than the commercial quantity applicable to that narcotic plant);
Sch. 2 item 1(c) amended by Nos 61/2001 s. 11(1)(c), 63/2003 s. 37(2)(a)(b), 2/2016 s. 17(3)(a).
(c) section 79(1) or 80(3)(a) (conspiracy) in circumstances where the conspiracy is to commit an offence in the circumstances referred to in paragraph (a), (ab), (ac), (aca), (ad), (ada), (b) or (ba);
Sch. 2 item 1(d) amended by Nos 61/2001 s. 11(1)(d)(i)(ii), 63/2003 s. 37(3)(a)–(c), substituted by No. 79/2014 s. 61(2), amended by Nos 2/2016 s. 17(3)(b), 3/2019 s. 20(4).
(d) section 80(1) (inciting) where the offence that is incited is an offence referred to in paragraph (a), (ab), (aba), (ac), (aca), (ad), (ada), (b) or (ba), committed in the circumstances referred to in those paragraphs;
Sch. 2 item 1(e) inserted by No. 79/2014 s. 61(2), amended by Nos 2/2016 s. 17(3)(c), 3/2019 s. 20(4).
(e) section 80(3)(b) (aiding, abetting etc. an offence outside Victoria) where the offence that is aided, abetted, counselled or procured is an offence committed in the circumstances referred to in paragraph (a), (ab), (aba), (ac), (aca), (ad), (ada), (b) or (ba) under a law in force in a place outside Victoria that is a corresponding law in relation to section 71, 71AA, 71AB, 71AC, 72 or 72A, as the case requires.
Sch. 2 item 1A inserted by No. 35/2002 s. 28(Sch. item 2.1).
1A. An offence against any of the following provisions of the Drugs, Poisons and Controlled Substances Act 1981 as in force immediately before the commencement of the Drugs, Poisons and Controlled Substances (Amendment) Act 2001—
(a) section 71(1) (trafficking in a drug of dependence) in circumstances where the offence is committed in relation to a quantity of a drug of dependence that is not less than the commercial quantity applicable to that drug of dependence;
(b) section 72(1) (cultivation of narcotic plants) in circumstances where the offence is committed in relation to a quantity of a drug of dependence, being a narcotic plant, that is not less than the commercial quantity applicable to that narcotic plant;
(c) section 79(1) or 80(3)(a) (conspiracy) in circumstances where the conspiracy is to commit an offence referred to in paragraph (a) or (b);
(d) section 80(1) or 80(3)(b) (aiding and abetting etc.) in circumstances where the offence that is aided, abetted, counselled, procured, solicited or incited is an offence referred to in paragraph (a) or (b) or an offence committed in the circumstances referred to in paragraph (a) or (b) under a law in force in a place outside Victoria that is a corresponding law in relation to section 71(1) or 72(1), as the case requires.
Sch. 2 item 2 substituted by No. 63/2003 s. 38, amended by No. 26/2024 s. 47(1)(a).
An offence against any of the following provisions of the Crimes Act 1958—
(a) section 27 (extortion with threat to kill) where—
(ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the combined demands made are $75 000 or more;
(b) section 28 (extortion with threat to destroy property) where—
(ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the combined demands made are $75 000 or more;
Sch. 2 item 2(ba) inserted by No. 73/2011 s. 17, substituted by Nos 47/2016 s. 35(5), 44/2022 s. 69(1).
(ba) section 53B(1) (using force, threat etc. to cause another person to provide commercial sexual services);
Sch. 2 item 2(bab) inserted by No. 47/2016 s. 35(5), substituted by No. 44/2022 s. 69(1).
(bab) section 53C(1) (causing another person to provide commercial sexual services in circumstances involving sexual servitude);
Sch. 2 item 2(bac) inserted by No. 47/2016 s. 35(5), substituted by No. 44/2022 s. 69(1).
(bac) section 53D(1) (conducting a business in circumstances involving sexual servitude);
Sch. 2 item 2(bb) inserted by No. 73/2011 s. 17, amended by No. 47/2016 s. 35(6), substituted by No. 44/2022 s. 69(1).
(bb) section 53E(1) (aggravated sexual servitude);
Sch. 2 item 2(bc) inserted by No. 73/2011 s. 17, amended by No. 47/2016 s. 35(7), substituted by No. 44/2022 s. 69(1).
(bc) section 53F(1) (deceptive recruiting for commercial sexual services);
Sch. 2 item 2(bd) inserted by No. 73/2011 s. 17, amended by No. 47/2016 s. 35(8), substituted by No. 44/2022 s. 69(1), amended by No. 26/2024 s. 47(1)(b).
(bd) section 53G(1) (aggravated deceptive recruiting for commercial sexual (services);
Sch. 2 item 2(be) inserted by No. 7/2022 s. 65(1) (as amended by No. 44/2022 s. 91).
(be) section 53I(1) (obtaining a commercial benefit, payment or reward for commercial sexual services provided by a child);
Sch. 2 item 2(bf) inserted by No. 7/2022 s. 65(1) (as amended by No. 44/2022 s. 91).
(bf) section 53J(1) (agreement for provision of commercial sexual services by a child);
(c) section 74 (theft) where—
(i) only one offence is charged and the value of the property in respect of which the offence is committed is $50 000 or more; or
(ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the property in respect of which the offences are committed is $75 000 or more;
(d) section 75 (robbery) where—
(i) only one offence is charged and the value of the property in respect of which the offence is committed is $50 000 or more; or
(ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the property in respect of which the offences are committed is $75 000 or more;
(e) section 75A (armed robbery) where—
(i) only one offence is charged and the value of the property in respect of which the offence is committed is $50 000 or more; or
(ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the property in respect of which the offences are committed is $75 000 or more;
(f) section 81(1) (obtaining property by deception) where—
(i) only one offence is charged and the value of the property in respect of which the offence is committed is $50 000 or more; or
(ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the property in respect of which the offences are committed is $75 000 or more;
(g) section 82(1) (obtaining financial advantage by deception) where—
(i) only one offence is charged and the value of the financial advantage obtained is $50 000 or more; or
(ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the financial advantage obtained is $75 000 or more;
(h) section 87 (blackmail) where—
(ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the combined demands made are $75 000 or more;
(i) section 88 (handling stolen goods) where—
(i) only one offence is charged and the value of the goods in respect of which the offence is committed is $50 000 or more; or
(ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the goods in respect of which the offences are committed is $75 000 or more;
(j) section 176 (receipt or solicitation of secret commission by an agent) where—
(i) only one offence is charged and the valuable consideration in respect of which the offence is committed is $50 000 or more; or
(ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the valuable consideration in respect of which the offences are committed is $75 000 or more;
(k) section 178 (giving or receiving false or misleading receipt or account with intent to defraud or deceive principal) where—
(i) only one offence is charged and the amount intended to be defrauded is $50 000 or more; or
(ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the combined amounts intended to be defrauded are $75 000 or more;
(l) section 179 (gift or receipt of secret commission in return for advice) where—
(i) only one offence is charged and the valuable consideration in respect of which the offence is committed is $50 000 or more; or
(ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the valuable consideration in respect of which the offences are committed is $75 000 or more;
(m) section 180 (secret commission to trustee in return for substituted appointment) where—
(i) only one offence is charged and the valuable consideration in respect of which the offence is committed is $50 000 or more; or
(ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the valuable consideration in respect of which the offences are committed is $75 000 or more;
(n) section 191 (fraudulently inducing persons to invest money) where—
(i) only one offence is charged and the value of the property (including any profit) in respect of which the offence is committed is $50 000 or more; or
(ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the property (including any profit) in respect of which the offences are committed is $75 000 or more;
(o) section 321(1) where the conspiracy is to commit an offence in the circumstances referred to in paragraphs (a) to (n).
Sch. 2 item 2A inserted by No. 63/2003 s. 38, amended by Nos 63/2010 s. 81(Sch. item 2.2(a)), 7/2022 s. 65(2), 26/2024 s. 47(2).
2A. An offence against any of the following provisions of the Sex Work Act 1994 despite its repeal by the Sex Work Decriminalisation Act 2022—
Sch. 2 item 2A(a) substituted by No. 44/2022 s. 69(2).
(a) section 6(1) (receiving payment for sexual services provided by a child);
Sch. 2 item 2A(b) substituted by No. 44/2022 s. 69(2).
(b) section 7(1) (agreement for provision of sexual services by a child);
Sch. 2 item 2A(c) repealed by No. 44/2022 s. 69(2).
Sch. 2 item 2A(d) amended by No. 63/2010 s. 81(Sch. item 2.2(b)).
(d) section 22(1) (carrying on business as a sex work service provider without licence or in breach of licence) where—
(i) only one offence is charged and $50 000 or more is received by the business; or
(ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and $75 000 or more is received by the business;
Sch. 2 item 2A(e) amended by No. 63/2010 s. 81(Sch. item 2.2(b)).
(e) section 22(3) (assisting in the carrying on of a sex work service providing business without licence or in breach of licence) where—
(i) only one offence is charged and $50 000 or more is received by the business; or
(ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and $75 000 or more is received by the business.
Sch. 2 item 2B inserted by No. 63/2003 s. 38, amended by No. 26/2024 s. 47(3).
2B. An offence against any of the following provisions of the Casino Control Act 1991—
(a) section 153A(2) (bribery by a key official within the meaning of that Act) where—
(i) only one offence is charged and the value of the money, property or value of any kind in respect of which the offence is committed is $50 000 or more; or
(ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the money, property or value of any kind in respect of which the offences are committed is $75 000 or more;
(b) section 153A(3) (bribery of a key official within the meaning of that Act) where—
(i) only one offence is charged and the value of the money, property or value of any kind in respect of which the offence is committed is $50 000 or more; or
(ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the money, property or value of any kind in respect of which the offences are committed is $75 000 or more.
Sch. 2 item 2C inserted by No. 63/2003 s. 38, repealed by No. 45/2004 s. 41(a).
Sch. 2 item 3 amended by Nos 63/2003 s. 39, 104/2003 s. 5(11).
An offence against section 122(1) of the Confiscation Act 1997 (money laundering) where the money or other property is proceeds of an offence committed in the circumstances referred to in item 1, 1A, 2, 2A, 2B, 2C, 8 or 9, as in force immediately before its repeal by section 5(1) of the Crimes (Money Laundering) Act 2003.
Sch. 2 item 3A inserted by No. 104/2003 s. 5(12), amended by Nos 45/2004 s. 41(b), 69/2004 s. 59(a), 68/2010 s. 32(1).
3A. An offence against section 194(1), (2) or (3) of the Crimes Act 1958 where—
(a) only one offence against section 194(1), (2) or (3) of the Crimes Act 1958 is charged and the value of the property dealt with is $50 000 or more; or
(b) more than one offence against section 194(1), (2) or (3) of the Crimes Act 1958 is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the property dealt with is $75 000 or more.
An offence of—
(a) conspiracy to commit; or
Sch. 2 item 4(b) substituted by No. 47/2016 s. 35(9).
(b) being involved in the commission of—
an offence referred to in item 3.
Note to Sch. 2 item 4 inserted by No. 47/2016 s. 35(10).
Subdivision (1) of Division 1 of Part II of the Crimes Act 1958 deals with complicity in the commission of offences.
Sch. 2 item 4A inserted by No. 69/2004 s. 59(b).
4A. An offence of conspiracy to commit an offence referred to in item 10 in the circumstances referred to in that item.
Sch. 2 item 5 amended by Nos 63/2003 s. 40, 45/2004 s. 41(b), 69/2004 s. 59(a).
An offence of attempting to commit any offence in the circumstances referred to in item 1, 1A, 2, 2A, 2B, 2C (as in force immediately before its repeal by section 41(a) of the Racing and Gaming Acts (Amendment) Act 2004), 3, 8, 9 or 10.
A continuing criminal enterprise offence within the meaning of Part 2B of the Sentencing Act 1991 for which the offender is liable to be sentenced under that Part as a continuing criminal enterprise offender.
Sch. 2 item 7 substituted by No. 63/2003 s. 41.
The common law offence of conspiracy to defraud where—
(a) only one offence is charged and the value of the property, financial advantage or economic loss in respect of which the offence is committed is $50 000 or more; or
(b) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the property, financial advantage or economic loss in respect of which the offences are committed is $75 000 or more.
Sch. 2 item 8 inserted by No. 63/2003 s. 41.
The common law offence of misconduct in public office where—
(a) only one offence is charged and the value of the property in respect of which the offence is committed is $50 000 or more; or
(b) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the property in respect of which the offences are committed is $75 000 or more.
Sch. 2 item 9 inserted by No. 63/2003 s. 41.
The common law offence of bribery of a public official where—
(a) only one offence is charged and the value of the property in respect of which the offence is committed is $50 000 or more; or
(b) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the property in respect of which the offences are committed is $75 000 or more.
Sch. 2 item 10 inserted by No. 108/2003 s. 8(2), substituted by No. 68/2010 s. 32(2).
An offence against section 111A, 111B or 111C of the Fisheries Act 1995 where the quantity of fish in respect of which the offence is committed is not less than 5 times the commercial quantity (within the meaning of that Act).
Sch. 2 item 11 inserted by No. 3/2019 s. 83.
An offence against section 158(1) or (3) of the Australian Consumer Law (Victoria) where—
(a) only one offence against section 158(1) or (3) of the Australian Consumer Law (Victoria) is charged and the value of the payment or other consideration is $50 000 or more; or
(b) more than one offence against section 158(1) or (3) of the Australian Consumer Law (Victoria) is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the combined value of the payment or other consideration is $75 000 or more.
Sch. 2 item 12 inserted by No. 3/2019 s. 83.
An offence against section 78(1)(a) or (b) of the Conveyancers Act 2006 where—
(a) only one offence against section 78(1)(a) or (b) of the Conveyancers Act 2006 is charged and the value of the deficiency or the money not paid or delivered is $50 000 or more; or
(b) more than one offence against section 78(1)(a) or (b) of the Conveyancers Act 2006 is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the combined value of the deficiency or the money not paid or delivered is $75 000 or more.
Sch. 2 item 13 inserted by No. 3/2019 s. 83.
An offence against section 91(1)(a), (b) or (c) of the Estate Agents Act 1980 where—
(a) only one offence against section 91(1)(a) of the Estate Agents Act 1980 is charged and the moneys fraudulently converted to own use are $50 000 or more; or
(b) only one offence against section 91(1)(b) of the Estate Agents Act 1980 is charged and the moneys fraudulently omitted to account for deliver or pay are $50 000 or more; or
(c) only one offence against section 91(1)(c) of the Estate Agents Act 1980 is charged and the discrepancy in the account fraudulently rendered is $50 000 or more; or
(d) more than one offence against section 91(1)(a), (b) or (c) of the Estate Agents Act 1980 is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the combined moneys are $75 000 or more.
Sch. 2 item 14 inserted by No. 44/2022 s. 69(3).
An offence against section 7C(1) of the Firearms Act 1996.
Sch. 2 item 15 inserted by No. 51/2024 s. 70(2).
An offence against section 11A(4) of the Tobacco Act 1987.
Sch. 3 amended by Nos 61/2001 s. 11(2)(a)–(d), 35/2002 s. 28(Sch. item 2.2), repealed by No. 87/2004 s. 22(3).
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 13 November 1997
Legislative Council: 4 December 1997
The long title for the Bill for this Act was "A Bill to provide for the forfeiture of the proceeds of crime and other property in certain circumstances, to amend the Sentencing Act 1991, to repeal the Crimes (Confiscation of Profits) Act 1986 and for other purposes."
Constitution Act 1975:
Section 85(5) statement:
Legislative Assembly: 13 November 1997
Legislative Council: 4 December 1997
Absolute majorities:
Legislative Assembly: 3 December 1997
Legislative Council: 10 December 1997
The Confiscation Act 1997 was assented to on 23 December 1997 and came into operation as follows:
Part 1 (sections 1–13) on 23 December 1997: section 2(1); rest of Act on 1 July 1998: Government Gazette 25 June 1998 page 1561.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Confiscation Act 1997 by Acts and subordinate instruments.
| Assent Date: | 9.12.03 |
| Commencement Date: | S. 8 on 10.12.03: s. 2(1) |
Gambling Regulation Act 2003, No. 114/2003
| Assent Date: | 16.12.03 |
| Commencement Date: | S. 12.1.3(Sch. 6 item 3) on 1.7.04: Government Gazette 1.7.04 p. 1843 |
| Current State: | This information relates only to the provision/s amending the Confiscation 1997 |
Racing and Gaming Acts (Amendment) Act 2004, No. 45/2004
| Assent Date: | 16.6.04 |
| Commencement Date: | S. 41 on 1.7.04: s. 2(3) |
| Assent Date: | 17.12.13 |
| Commencement Date: | Ss 3–14 on 18.12.13: s. 2(1) |
Legal Profession Uniform Law Application Act 2014, No. 17/2014
| Assent Date: | 25.3.14 |
| Commencement Date: | S. 160(Sch. 2 item 17) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 |
Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014
| Assent Date: | 3.6.14 |
| Commencement Date: | S. 10(Sch. item 25) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |
Criminal Organisations Control and Other Acts Amendment Act 2014, No. 55/2014
| Assent Date: | 26.8.14 |
| Commencement Date: | Ss 3–16, 54–59 on 27.8.14: s. 2(1); ss 17–47 on 1.10.14: Special Gazette (No. 330) 23.9.14 p. 1 |
Gambling and Liquor Legislation Amendment (Modernisation) Act 2014, No. 56/2014
| Assent Date: | 26.8.14 |
| Commencement Date: | S. 61 on 1.7.15; s. 2(2) |
Justice Legislation Amendment (Confiscation and Other Matters) Act 2014, No. 79/2014
| Assent Date: | 21.10.14 |
| Commencement Date: | S. 61(1) on 1.11.14: s. 2(4); s. 61(2) on 1.11.14: s. 2(5); ss 3–42, 45–47 on 2.11.14: Special Gazette (No. 400) 29.10.14 p. 2; ss 43, 44 on 1.7.15: s. 2(7) |
Pt 4 (Headings and ss 36H−40B) (as inserted by No. 68/2010 (as amended by No. 73/2011 ss 21−23)):
S. 36Q (repealed prior to commencement): Section 49 of the Confiscation Amendment Act 2010, No. 68/2010 (repealed) initially included section 36Q in the proposed new Part 4 of the Confiscation Act 1997. However, section 21(1) of the Sex Work and Other Acts Amendment Act 2011, No. 73/2011 (repealed) amended section 49 of the Confiscation Amendment Act 2010 , No. 68/2010 (repealed) by repealing section 36Q.
S. 36R(2) (repealed prior to commencement): Section 49 of the Confiscation Amendment Act 2010, No. 68/2010 (repealed) initially included section 36R(2) in the proposed new Part 4 of the Confiscation Act 1997. However, section 21(2)(b) of the Sex Work and Other Acts Amendment Act 2011, No. 73/2011 (repealed) amended section 49 of the Confiscation Amendment Act 2010, No. 68/2010 (repealed) by repealing section 36R(2).
S. 36V(3) (repealed prior to commencement): Section 49 of the Confiscation Amendment Act 2010, No. 68/2010 (repealed) initially included section 36V(3) in the proposed new Part 4 of the Confiscation Act 1997. However, section 22(b) of the Sex Work and Other Acts Amendment Act 2011, No. 73/2011 (repealed) amended section 49 of the Confiscation Amendment Act 2010, No. 68/2010 (repealed) by repealing section 36V(3).
S. 40B(3) (repealed prior to commencement): Section 49 of the Confiscation Amendment Act 2010, No. 68/2010 (repealed) initially included section 40B(3) in the proposed new Part 4 of the Confiscation Act 1997. However, section 23(b) of the Sex Work and Other Acts Amendment Act 2011, No. 73/2011 (repealed) amended section 49 of the Confiscation Amendment Act 2010, No. 68/2010 (repealed) by repealing section 40B(3). ↑