260Regulation-making power

260 Regulation-making power (1) The Executive may make regulations for this Act. Note A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act. (2) A regulation may prescribe offences for contraventions of a regulation and prescribe maximum penalties of not more than 10 penalty units for offences against a regulation. (see s 6) Note 1 The Legislation Act contains definitions and other provisions relevant to Note 2 In particular, the Legislation Act, dict, pt 1, defines the following terms: • authorised deposit-taking institution • child • domestic partner (see s 169) • DPP • entity • fail • foreign country • found guilty • function • indictment • interest (in relation to land or other property) • intersex person (see s 169B) • lawyer • may (see also s 146) • must (see also s 146) • police officer • present • property • public trustee and guardian • registrar-general • transgender person (see s169A). abscond—see section 16. account means any facility or arrangement through which a financial institution accepts deposits or allows withdrawals, and includes— (a) a facility or arrangement for a fixed term deposit or a safe- deposit box; and (b) a facility or arrangement prescribed by regulation for this definition. agent, for an agent that is a corporation, includes an officer, employee or agent of the corporation. artistic profits—see section 81 (1). artistic profits restraining order—see section 20. associate, for division 12.5 (Examination orders and notices)—see section 164. at, for part 13 (Search warrants)—see section 195. authenticated, in relation to a corresponding law order, for part 11 (Interstate orders)—see section 136. authorised investigator, for division 12.5 (Examination orders and notices)—see section 165 (1). automatic forfeiture, of property, means the forfeiture of the property— (a) under division 5.2 (Automatic forfeiture—conviction for serious offences); or (b) under division 5.3 (Automatic forfeiture—unclaimed tainted property). Note A registered interstate automatic forfeiture decision is taken to be an benefit includes service or advantage. benefits, derived by an offender—see section 80. buyback order—see section 124. civil forfeiture order—see section 65. CJC subcommittee, for division 10.3 (National cooperative scheme on unexplained wealth)—see section 135E. cleared, of an offence—see section 17. commission— (a) of a serious offence, for part 7 (Penalty orders)—see section 79; and (b) of an offence by a person who has absconded—includes the alleged commission of the offence by the person. confiscation proceeding—see section 236. contributing jurisdiction, for division 10.3 (National cooperative scheme on unexplained wealth)—see section 135A. contribution, for division 10.3 (National cooperative scheme on unexplained wealth)—see section 135A. convicted—see section 15 (1). conviction forfeiture order—see section 52. cooperating jurisdiction committee, for division 10.3 (National cooperative scheme on unexplained wealth)—see section 135A. cooperating State, for division 10.3 (National cooperative scheme on unexplained wealth)—see section 135A. corresponding law means a law of the Commonwealth, a State or another Territory that is declared by regulation to be a corresponding law, whether or not the law corresponds, or substantially corresponds, to this Act. corresponding law order means an order, notice or decision (however described) made under a corresponding law, whether or not the order, notice or decision— (a) is made by a court; or (b) corresponds, or substantially corresponds, to an order, notice or decision under this Act. corresponding proceeds, of a State or the Territory, for part 10 (Confiscated assets trust fund)—see section 127A. data, for part 13 (Search warrants)—see section 195. data storage device, for part 13 (Search warrants)—see section 195. dealing, with property of a person, includes, for example— (a) if a debt is owed to the person—making a payment to anyone in reduction of the debt; and (b) disposing of the property (including, for example, making a gift of the property or removing the property from the ACT or Australia); and (c) receiving the property, whether as a gift or otherwise; and (d) creating or assigning an interest in the property; and (e) using the property to obtain or extend credit; and (f) using credit secured against the property. decision-making period, for division 10.3 (National cooperative scheme on unexplained wealth)—see section 135B. dependant, of a person, means— (a) the person’s domestic partner; or (b) the person’s child, or a member of the person’s household, who depends on the person for support. derived—see section 12. distributable funds, for division 10.2 (Establishment and payments into and out of the trust fund)—see section 128. effective control, of property—see section 14. encumbrance, in relation to property, includes any interest, mortgage, charge, right, claim or demand in relation to the property. equitable sharing program, for division 10.2 (Establishment and payments into and out of the trust fund)—see section 129. examination notice—see section 171. examination order—see section 166. exclusion order—see section 72. executing police officer, of a search warrant, for part 13 (Search warrants)—see section 195. finalised, for a confiscation or criminal proceeding—see section 18. financial institution means— (a) an authorised deposit-taking institution; or (b) the Reserve Bank of Australia; or (c) an entity registered or incorporated as a co-operative housing society or similar society under the law of the Territory, a State or another Territory; or (d) a person who carries on State banking within the meaning of the Commonwealth Constitution, section 51 (13); or (e) a corporation that is, or that, if it had been incorporated in Australia, would be, a financial corporation within the meaning of the Commonwealth Constitution, section 51 (20); or (f) a person who permits someone else to deposit money with the person for use by the other person in relation to gaming or betting; or (g) an entity prescribed by regulation for this definition. forfeited property, means property forfeited under part 5 (Forfeiture of property). forfeiture order means a civil forfeiture order or a conviction forfeiture order. Note A registered interstate forfeiture order is taken to be a forfeiture order forfeiture or penalty application, for division 4.3 (Duration of restraining orders)—see section 41. frisk search, for part 13 (Search warrants)—see section 195. fully satisfied—a forfeiture order, penalty order, unexplained wealth order or an automatic forfeiture of property, is fully satisfied when— (a) for an automatic forfeiture of property or a forfeiture order—the property that is the subject of the automatic forfeiture or order has vested in law in the Territory and the public trustee and guardian has taken control of the property; and (b) for a penalty order or unexplained wealth order—the amount of the order has been paid to, or recovered by, the Territory or realised by the public trustee and guardian from the disposal of information order—see section 186. inquiry notice—see section 144. in relation to—to remove any doubt, in relation to includes— (a) in; and (b) for or for the purposes of; and (c) in connection with; and (d) in respect of; and (e) with respect to. The phrase ‘property used, or intended to be used by an offender, in relation to the commission of an offence’ (in s 3 (d) and elsewhere) refers to 1 or more of the following: (a) property used in or in relation to the commission of the offence; (b) property used for or for the purposes of the commission of the offence; (c) property used in connection with the commission of the offence; (d) property used in respect of the commission of the offence; (e) property used with respect to the commission of the offence. interested person, for part 8 (Forfeited property)—see section 107. interstate automatic forfeiture decision means a corresponding law interstate civil forfeiture order means a corresponding law order prescribed by regulation for this definition. interstate conviction forfeiture order means a corresponding law interstate forfeiture order means an interstate civil forfeiture order or interstate conviction forfeiture order. interstate penalty charge—see section 142 (2) (Interstate penalty charges). interstate penalty order means a corresponding law order prescribed by regulation for this definition. interstate restraining order means a corresponding law order prescribed by regulation for this definition. interstate unexplained wealth order means a corresponding law investigation, for division 12.5 (Examination orders and notices)— see section 164. issuing officer, for a search warrant, for part 13 (Search warrants)— see section 195. joint ownership—property is jointly owned if the owners own the property as joint tenants or tenants in common. money laundering offence means— (a) an offence against the Crimes Act 1900, division 6.2A (Money laundering and organised fraud); or (b) an offence against a law of the Commonwealth, a State or another Territory that is declared by regulation to be a corresponding offence, whether or not the offence corresponds, or substantially corresponds, to an offence mentioned in paragraph (a). monitoring order—see section 148. narcotic substance, for division 7.3 (Value of benefits)—see section 90. national cooperative scheme, for part 10 (Confiscated assets trust fund)—see section 127A. national cooperative scheme on unexplained wealth, for part 10 (Confiscated assets trust fund)—see section 127A. NCSUW agreement, for part 10 (Confiscated assets trust fund)—see section 127A. non-disclosable information order—see section 191. non-participating State, for division 10.3 (National cooperative scheme on unexplained wealth)—see section 135A. occupier, of premises, for part 13 (Search warrants)—see section 195. offence—see section 13 (1). offender, in relation to an offence, means a person (including a corporation) who committed, or is alleged to have committed, the ordinary offence—see section 13 (2). ordinary search, for part 13 (Search warrants)—see section 195. participating State, for division 10.3 (National cooperative scheme on unexplained wealth)—see section 135A. party, to an offence, means a person who— (a) commits or participates in the offence; or (b) is an accessory before or after the fact to the offence. penalty charge—see section 94 (4) (Creation of penalty charge over restrained property). Note An interstate penalty charge is taken to be a penalty charge under this Act (see s 142). penalty order—see section 82. person assisting, in relation to a search warrant, for part 13 (Search warrants)—see section 195. premises, for part 13 (Search warrants)—see section 195. proceeds of confiscated assets, for part 10 (Confiscated assets trust fund)—see section 127A. production order—see section 156. property— (a) of an offender, for division 7.3 (Value of benefits)—see section 90; and (b) of a person, includes property in which the person has a beneficial interest. property-tracking document—see section 157. purposes of this Act—see section 3. quashed—see section 15 (3) and (4). registered, for a corresponding law order, means registered under part 11 (Interstate orders). registrable property means property title to which is passed by registration in a statutory property register. registered property interest means an interest in property recorded in a statutory property register. related offence—see section 13 (3). relevant court—see section 238. relevant offence—see section 13 (2). reserved funds, for division 10.2 (Establishment and payments into and out of the trust fund)—see section 128. restrained, in relation to property, means property subject to a restraining order—see section 19. return or compensation order—see section 121. search warrant, for part 13 (Search warrants)—see section 195. serious criminal activity—see section 11C. serious offence—see section 13 (2). shareable, in relation to proceeds of confiscated assets or corresponding proceeds under the national cooperative scheme, for part 10 (Confiscated assets trust fund)—see section 127A. statutory property register means a register kept under a territory law, or a law of the Commonwealth, a State or another Territory, for recording ownership of property (including interests in property) if— (a) title to the property is passed by registration in the register of ownership of the property; or (b) the owner of an interest in the property may lose the interest if the interest is not registered in the register. the register of land titles kept under the Land Titles Act 1925, section 43 subject to forfeiture, in relation to property—see section 73. sufficient consideration, in relation to acquiring or disposing or otherwise dealing with property, means acquiring, disposing of, or otherwise dealing with, the property for a consideration that is sufficient and that appropriately reflects the value of the property having regard only to commercial considerations. tainted property—see section 10. target material, for part 13 (Search warrants)—see section 195. total wealth, of a person to whom a proceeding for an unexplained wealth order relates—see section 11A. transaction suspension order—see section 152 (1). trust fund means the confiscated assets trust fund under section 130. unclaimed tainted property—see section 11. unclaimed tainted property restraining order—see section 21. unexplained wealth charge—see section 98G (4). unexplained wealth order—see section 98A. unexplained wealth provision means the following: (a) section 32A; (b) section 98D; (c) a provision of this Act to the extent that it relates to a provision mentioned in paragraph (a) or (b). Examples—par (c) • section 3 (e) • section 26A • section 98E unexplained wealth restraining order—see section 21A. vehicle, for part 13 (Search warrants)—see section 195. wealth, of a person—see section 11B. 1 About the endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired Confiscation of Criminal Assets Act 2003 A2003-8 notified LR 27 March 2003 s 1, s 2 commenced 27 March 2003 (LA s 75 (1)) remainder commenced 15 August 2003 (s 2 and CN2003-7) as amended by Legislation (Gay, Lesbian and Transgender) Amendment Act 2003 A2003-14 sch 1 pt 1.6 notified LR 27 March 2003 s 1, s 2 commenced 27 March 2003 (LA s 75 (1)) sch 1 pt 1.6 commenced 28 March 2003 (s 2) Evidence (Miscellaneous Provisions) Amendment Act 2003 A2003-48 sch 2 pt 2.2 notified LR 31 October 2003 s 1, s 2 commenced 31 October 2003 (LA s 75 (1)) sch 2 pt 2.2 commenced 30 April 2004 (s 2 and LA s 79) Statute Law Amendment Act 2003 (No 2) A2003-56 sch 3 pt 3.6 notified LR 5 December 2003 s 1, s 2 commenced 5 December 2003 (LA s 75 (1)) sch 3 pt 3.6 commenced 19 December 2003 (s 2) Annual Reports Legislation Amendment Act 2004 A2004-9 sch 1 pt 1.9 notified LR 19 March 2004 s 1, s 2 commenced 19 March 2004 (LA s 75 (1)) pt 1.9 commenced 13 April 2004 (s 2 and see Annual Reports (Government Agencies) Act 2004 A2004-8, s 2 and CN2004-5) Statute Law Amendment Act 2004 A2004-42 sch 3 pt 3.5 notified LR 11 August 2004 s 1, s 2 commenced 11 August 2004 (LA s 75 (1)) sch 3 pt 3.5 commenced 25 August 2004 (s 2 (1)) Court Procedures (Consequential Amendments) Act 2004 A2004-60 sch 1 pt 1.12 notified LR 2 September 2004 s 1, s 2 commenced 2 September 2004 (LA s 75 (1)) sch 1 pt 1.12 commenced 10 January 2005 (s 2 and see Court Procedures Act 2004 A2004-59, s 2 and CN2004-29) Justice and Community Safety Legislation Amendment Act 2005 A2005-5 pt 5 notified LR 23 February 2005 s 1, s 2 commenced 23 February 2005 (LA s 75 (1)) pt 5 commenced 24 February 2005 (s 2 (2)) Justice and Community Safety Legislation Amendment Act 2005 (No 4) A2005-60 sch 1 pt 1.6 notified LR 1 December 2005 s 1, s 2 taken to have commenced 23 November 2005 (LA s 75 (2)) sch 1 pt 1.6 commenced 22 December 2005 (s 2 (4)) Sentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.5 notified LR 18 May 2006 s 1, s 2 commenced 18 May 2006 (LA s 75 (1)) sch 1 pt 1.5 commenced 2 June 2006 (s 2 (1) and see Crimes (Sentence Administration) Act 2005 A2005-59 s 2, Crimes (Sentencing) Act 2005 A2005-58, s 2 and LA s 79) Civil Law (Property) Act 2006 A2006-38 sch 1 pt 1.3 notified LR 28 September 2006 s 1, s 2 commenced 28 September 2006 (LA s 75 (1)) sch 1 pt 1.3 commenced 28 March 2007 (s 2 and LA s 79) Children and Young People (Consequential Amendments) Act 2008 A2008-20 sch 4 pt 4.3 notified LR 17 July 2008 s 1, s 2 commenced 17 July 2008 (LA s 75 (1)) s 3 commenced 18 July 2008 (s 2 (1)) sch 4 pt 4.3 commenced 27 February 2009 (s 2 (5) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-17 (and see CN2008-13)) Crimes Legislation Amendment Act 2008 A2008-44 sch 1 pt 1.1 notified LR 9 September 2008 s 1, s 2 commenced 9 September 2008 (LA s 75 (1)) sch 1 pt 1.1 commenced 30 May 2009 (s 2 and CN2009-4) Personal Property Securities Act 2010 A2010-15 sch 2 pt 2.1 notified LR 1 April 2010 s 1, s 2 commenced 1 April 2010 (LA s 75 (1)) sch 2 pt 2.1 commenced 30 January 2012 (s 2 (2) (b)) Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.33 notified LR 30 June 2011 s 1, s 2 commenced 30 June 2011 (LA s 75 (1)) sch 1 pt 1.33 commenced 1 July 2011 (s 2 (1)) Evidence (Consequential Amendments) Act 2011 A2011-48 sch 1 pt 1.10 notified LR 22 November 2011 s 1, s 2 commenced 22 November 2011 (LA s 75 (1)) sch 1 pt 1.10 commenced 1 March 2012 (s 2 (1) and see Evidence Act