Notice Requiring Declaration of Property Interests—Restraining Order
Section 19A(2)(a) of the Confiscation Act 1997
As soon as you get this notice you should get legal advice to help you understand the notice and your obligations under the notice. Contact your lawyer or a community legal centre for advice.
[Information to the effect of the above advice to be printed in the English, Arabic, Cambodian, Chinese, Croatian, Greek, Italian, Macedonian, Polish, Serbian, Spanish, Turkish and Vietnamese languages.]
A court has made a restraining order in respect of certain property under the Confiscation Act 1997. A copy of the restraining order should be attached to this notice. The restraining order describes the property that has been restrained.
You have received this notice because the person who applied for the restraining order believes that you have an interest in some or all of the property described in the restraining order.
You must make a declaration in writing. You may use the attached form to make your declaration.
• whether or not you have an interest in the property described in the restraining order; and
• whether or not you believe that any other person has an interest in the property described in the restraining order.
An interest in property is defined in section 3(1) of the Confiscation Act 1997 as meaning a legal or equitable estate or interest in the property, ora right, power or privilege over, or in connection with, the property.
If you have an interest in the property, you must also state in the declaration the nature and extent of that interest, including—
• in relation to any security interest other than a mortgage, the current value of the debt secured by the interest in the property.
The nature of an interest in land, for example, may be an interest in fee simple, a leasehold interest or a security interest such as a mortgage. The extent of an interest, for example, may be the whole of the property or some lesser specified interest, such as a half-interest as a tenant in common.
If you believe that any other person has an interest in the property described in the restraining order, you must state to the best of your knowledge the name and address of every such person in the declaration.
You must give the declaration to a member of the police force within 14 days after you were given this notice.
If you fail, without reasonable excuse, to make a declaration and give the declaration to a member of the police force within 14 days, you may be charged with a criminal offence and prosecuted under section 19C(1) of the .
Confiscation Act 1997
If you make a false or misleading statement in your declaration, you may be charged and prosecuted under section 19C(2) of the Confiscation Act 1997.
A statement made by you in a declaration of property interests, and any information, document or thing obtained as a consequence of the statement, is admissible against you in a proceeding for making a false or misleading statement in the declaration or in any proceeding under the Confiscation Act 1997, but is not otherwise admissible in evidence against you.
🞏 I have an interest as stated below in property described in the restraining order which I have been given; or
🞏 I do not have an interest in property described in the restraining order which I have been given;
and
🞏 I believe that another person as stated below has an interest in the property described in the restraining order which I have been given; or
🞏 I do not believe that any other person has an interest in the property described in the restraining order which I have been given.
To the best of my knowledge the name and address of person(s) with an interest in restrained property are—
Sch. 1 Form 2 substituted by S.R. No. 74/2023 reg. 15.
FORM 2
Regulation 7
Freezing Order
Section 31F(4) of the Confiscation Act 1997
This freezing order under Part 2A of the Confiscation Act 1997 is made at [insert time] am/pm on [insert date] by [insert name of Magistrate].
Name of financial institution with which account is held
[insert financial institution]
Number or description of account to be frozen
[insert account details]
Conditions, if any, to which order is subject
[insert conditions to which order is subject, if any]
This freezing order is issued to—
*Name, Rank, No. of police officer [insert name, rank, number of police officer]/*name, title of investigative officer [insert name, title of investigative officer]
Address [insert address of police or other investigative officer]
being an investigative officer within the meaning of section 31A of the Confiscation Act 1997 as—
*a police officer/*a member of a class of police officer authorised under section 31B of the Confiscation Act 1997 for the purposes of applying for a freezing order.
OR
*a person who holds a prescribed office/*a person belonging to a prescribed class of investigative officer.
The application for the freezing order was made *in writing/*by telephone/*by facsimile.
An affidavit in support of the application for the freezing order was *provided/*not provided.
The freezing order was *transmitted/*not transmitted by facsimile machine.
A freezing order is a court order that a financial institution must not allow a person to transact in relation to a specified account held with that institution, except to make deposits or in the manner and circumstances specified in the freezing order.
If the application for a freezing order has been made before an affidavit is prepared or sworn, the applicant for the freezing order, not later than the day following the making of the application, must send a duly sworn affidavit to the venue of the Magistrates' Court that determined the application, irrespective of whether a freezing order has been made (section 31D(4) of the Confiscation Act 1997).
If the Magistrates' Court provides the applicant with a copy of the freezing order in writing or by facsimile at the time the order is made, an investigative officer, not more than 5 business days after a freezing order is made, must give to the financial institution specified above a copy of the freezing order and a notice in the prescribed form specifying the matters set out in section 31G(1)(b) of the Confiscation Act 1997.
If the Magistrates' Court does not provide the applicant with a copy of the freezing order in writing or by facsimile at the time the order is made, an investigative officer, not more than 5 business days after the freezing order is made, must give to the financial institution specified above a notice in the prescribed form specifying the matters set out in section 31G(2) of the Confiscation Act 1997.
Sch. 1 Form 3 substituted by S.R. No. 74/2023 reg. 16, amended by S.R. No. 5/2025 reg. 9.
FORM 3
Regulation 8
Notice to Accompany Copy of Freezing Order
Section 31G(1)(b) of the Confiscation Act 1997
A copy of a freezing order should be given to you with this notice.
You must not allow a person to transact in relation to the account specified in the freezing order, except to make deposits or in the manner and circumstances specified in the freezing order.
The freezing order takes effect at the time that this notice is given to you. The freezing order lasts for 5 business days unless you are otherwise advised by a police officer or other investigative officer that the order has ceased to have effect or has been extended by court order.
A financial institution that has been given notice of a freezing order must not, without reasonable excuse, fail to comply with the order under section 31K(1) of the Confiscation Act 1997. This is a summary offence. The maximum penalty for this offence is a fine of 1200 penalty units.
While a freezing order is in force, a financial institution that has been given notice of the order must not disclose the existence or operation of the order to any person except—
(a) a police officer or other investigative officer; or
(b) an officer or agent of the financial institution, for the purpose of ensuring that the freezing order is complied with; or
(c) a legal practitioner acting for the financial institution, for the purpose of obtaining legal advice or representation in relation to the freezing order; or
(d) a person in whose name the account is held or who has an interest in the account in respect of which the freezing order is made.
This is a summary offence. The maximum penalty for this offence is a fine of 1200 penalty units (section 31L(1) of the Confiscation Act 1997).
While a freezing order is in force, a police officer or an investigative officer to whom the existence or operation of the freezing order is disclosed must not disclose the existence or operation of the freezing order to any person except to another police officer or investigative officer for the purpose of the performance of the officer's duties. This obligation applies for such time as the first-mentioned police officer or investigative officer continues to be a police officer or an investigative officer. When the first-mentioned police officer or investigative officer is no longer a police officer or an investigative officer, that person must not make a record of, or disclose, the existence or operation of the freezing order in any circumstances.
While a freezing order is in force, an officer or agent of the financial institution to whom the existence or operation of the freezing order is disclosed, must not disclose the existence or operation of the freezing order to any person except to another officer or agent of the financial institution for the purpose of ensuring that the freezing order is complied with or obtaining legal advice or representation in relation to the freezing order. This obligation applies for such time as the first-mentioned officer or agent of the financial institution continues to be an officer or agent of the financial institution. When the first-mentioned officer or agent of the financial institution is no longer an officer or agent of the financial institution, that person must not make a record of, or disclose, the existence or operation of the freezing order in any circumstances.
While a freezing order is in force, a legal practitioner acting for the financial institution to whom the existence or operation of the freezing order is disclosed, must not disclose the existence or operation of the freezing order to any person except to another legal practitioner for the purpose of giving legal advice or providing legal representation in relation to the freezing order. This obligation applies for such time as the first-mentioned legal practitioner continues to be a legal practitioner acting for the financial institution. When the first-mentioned legal practitioner is no longer a legal practitioner acting for the financial institution, that person must not make a record of, or disclose, the existence or operation of the freezing order in any circumstances.
Failure to comply with these obligations constitutes an offence under section 31L(2) of the Confiscation Act 1997. The maximum penalty for this offence is 2 years imprisonment or a fine of 240 penalty units or both.
However, the obligations described above do not prevent a person disclosing the existence or operation of a freezing order for the purposes of, or in connection with, legal proceedings or in the course of proceedings before a court. While a freezing order is in force, a police officer or an investigative officer must not be required to disclose to any court the existence or operation of the freezing order.
A police officer may disclose the existence or operation of a freezing order for the purposes of a report to the Minister under section 139A(1) of the Confiscation Act 1997.
A reference in this notice to disclosing the existence or operation of a freezing order to a person includes a reference to disclosing information to the person from which the person could reasonably be expected to infer the existence or operation of the freezing order.
Sch. 1 Form 4 substituted by S.R. No. 74/2023 reg. 17, amended by S.R. No. 5/2025 reg. 10.
FORM 4
Regulation 9
Notice of Freezing Order
Section 31G(2) of the Confiscation Act 1997
A freezing order under Part 2A of the Confiscation Act 1997 was made at [insert time] am/pm on [insert date] by [insert name of Magistrate].
You must not allow a person to transact in relation to the account specified below except to make deposits or the manner and circumstances specified below.
Number or description of account to be frozen
[insert account details]
Conditions, if any, to which order is subject
[insert conditions, if any]
The freezing order takes effect at the time that this notice is given to you. The freezing order lasts for 5 business days unless you are otherwise advised by a police officer or other investigative officer that the order has ceased to have effect or has been extended by court order.
A financial institution that has been given notice of a freezing order must not, without reasonable excuse, fail to comply with the order under section 31K(1) of the Confiscation Act 1997. This is a summary offence. The maximum penalty for this offence is a fine of 1200 penalty units.
While a freezing order is in force, a financial institution that has been given notice of the order must not disclose the existence or operation of the order to any person except—
(a) a police officer or other investigative officer; or
(b) an officer or agent of the financial institution, for the purpose of ensuring that the freezing order is complied with; or
(c) a legal practitioner acting for the financial institution, for the purpose of obtaining legal advice or representation in relation to the freezing order; or
(d) a person in whose name the account is held or who has an interest in the account in respect of which the freezing order is made.
This is a summary offence under section 31L(1) of the Confiscation Act 1997. The maximum penalty for this offence is a fine of 1200 penalty units.
While a freezing order is in force, a police officer or an investigative officer to whom the existence or operation of the freezing order is disclosed must not disclose the existence or operation of the freezing order to any person except to another police officer or investigative officer for the purpose of the performance of the officer's duties. This obligation applies for such time as the first-mentioned police officer or investigative officer continues to be a police officer or an investigative officer. When the first-mentioned police officer or investigative officer is no longer a police officer or an investigative officer, that person must not make a record of, or disclose, the existence or operation of the freezing order in any circumstances.
While a freezing order is in force, an officer or agent of the financial institution to whom the existence or operation of the freezing order is disclosed must not disclose the existence or operation of the freezing order to any person except to another officer or agent of the financial institution for the purpose of ensuring that the freezing order is complied with or obtaining legal advice or representation in relation to the freezing order. This obligation applies for such time as the first-mentioned officer or agent of the financial institution continues to be an officer or agent of the financial institution. When the first-mentioned officer or agent of the financial institution is no longer an officer or agent of the financial institution, that person must not make a record of, or disclose, the existence or operation of the freezing order in any circumstances.
While a freezing order is in force, a legal practitioner acting for the financial institution to whom the existence or operation of the freezing order is disclosed must not disclose the existence or operation of the freezing order to any person except to another legal practitioner for the purpose of giving legal advice or providing legal representation in relation to the freezing order. This obligation applies for such time as the first-mentioned legal practitioner continues to be a legal practitioner acting for the financial institution. When the first-mentioned legal practitioner is no longer a legal practitioner acting for the financial institution, that person must not make a record of, or disclose, the existence or operation of the freezing order in any circumstances.
Failure to comply with these obligations constitutes an offence under section 31L(2) of the Confiscation Act 1997. The maximum penalty for this offence is 2 years imprisonment or a fine of 240 penalty units or both.
However, the obligations described above do not prevent a person disclosing the existence or operation of a freezing order for the purposes of, or in connection with, legal proceedings, or in the course of proceedings before a court. While a freezing order is in force, a police officer or an investigative officer must not be required to disclose to any court the existence or operation of the freezing order.
A police officer may disclose the existence or operation of a freezing order for the purposes of a report to the Minister under section 139A(1) of the Confiscation Act 1997.
A reference in this notice to disclosing the existence or operation of a freezing order to a person includes a reference to disclosing information to the person from which the person could reasonably be expected to infer the existence or operation of the freezing order.
FORM 5
Regulation 10
Notice Requiring Declaration of Property Interests—Civil Forfeiture Restraining Order
Section 36O(2)(a) of the Confiscation Act 1997
As soon as you get this notice you should get legal advice to help you understand the notice and your obligations under the notice. Contact your lawyer or a community legal centre for advice.
[Information to the effect of the above advice to be printed in the English, Arabic, Cambodian, Chinese, Croatian, Greek, Italian, Macedonian, Polish, Serbian, Spanish, Turkish and Vietnamese languages.]
A court has made a civil forfeiture restraining order under section 36M(1) of the Confiscation Act 1997 in respect of certain property. A copy of the civil forfeiture restraining order should be attached to this notice. The civil forfeiture restraining order describes the property that has been restrained.
You have received this notice because the person who applied for the civil forfeiture restraining order believes that you have an interest in some or all of the property described in the civil forfeiture restraining order.
• whether or not you have an interest in the property described in the civil forfeiture restraining order; and
• whether or not you believe that any other person has an interest in the property described in the civil forfeiture restraining order.
An interest in property is defined in section 3(1) of the Confiscation Act 1997 as meaning a legal or equitable estate or interest in the property, or a right, power or privilege over, or in connection with, the property.
If you have an interest in the property, you must also state in the declaration the nature and extent of that interest, including—
• in relation to any security interest other than a mortgage, the current value of the debt secured by the interest in the property.
The nature of an interest in land, for example, may be an interest in fee simple, a leasehold interest or a security interest such as a mortgage. The extent of an interest, for example, may be the whole of the property or some lesser specified interest, such as a half-interest as a tenant in common.
If you believe that any other person has an interest in the property described in the civil forfeiture restraining order, you must state to the best of your knowledge the name and address of every such person in the declaration.
You must give the declaration to a police officer within 14 days after you were given this notice.
If you fail, without reasonable excuse, to make a declaration and give the declaration to a police officer within 14 days, you may be charged with a criminal offence and prosecuted under section 36R(1) of the Confiscation Act 1997.
If you make a false or misleading statement in your declaration, you may be charged and prosecuted under section 36R(3) of the Confiscation Act 1997.
A statement made by you in a declaration of property interests, and any information, document or thing obtained as a consequence of such a statement, is admissible against you in a proceeding for making a false or misleading statement in the declaration or in any proceeding under the Confiscation Act 1997, but is not otherwise admissible in evidence against you.
of [insert address]
🞏 I have an interest as stated below in property described in the civil forfeiture restraining order which I have been given; or
🞏 I do not have an interest in property described in the civil forfeiture restraining order which I have been given;
and
🞏 I believe that another person as stated below has an interest in the property described in the civil forfeiture restraining order which I have been given; or
🞏 I do not believe that any other person has an interest in the property described in the civil forfeiture restraining order which I have been given.
Sch. 1 Form 6 amended by S.R. No. 5/2025 reg. 11.
FORM 6
Regulation 11
Notice Requiring Declaration of Property Interests—Unexplained Wealth Restraining Order
Section 40K(3)(a) of the Confiscation Act 1997
As soon as you get this notice you should get legal advice to help you understand the notice and your obligations under the notice. Contact your lawyer or a community legal centre for advice.
[Information to the effect of the above advice to be printed in the English, Arabic, Cambodian, Chinese, Croatian, Greek, Italian, Macedonian, Polish, Serbian, Spanish, Turkish and Vietnamese languages.]
A court has made an unexplained wealth restraining order in respect of certain property under the following section(s) of the Confiscation Act 1997:
🞏 Section 40I
🞏 Section 40IA
A copy of the unexplained wealth restraining order(s) should be attached to this notice. The unexplained wealth restraining order(s) describe(s) the property that has been restrained. Property may be subject to more than one unexplained wealth restraining order simultaneously.
You have received this notice because the person who applied for the unexplained wealth restraining order believes that you have an interest in some or all of the property described in the unexplained wealth restraining order.
• whether or not you have an interest in the property described in the unexplained wealth restraining order; and
• whether or not you believe that any other person has an interest in the property described in the unexplained wealth restraining order.
An interest in property is defined in section 3(1) of the Confiscation Act 1997 as meaning a legal or equitable estate or interest in the property, or a right, power or privilege over, or in connection with, the property.
If you have an interest in the property, you must also state in the declaration the nature and extent of that interest, including—
• in relation to any security interest other than a mortgage, the current value of the debt secured by the interest in the property.
The nature of an interest in land, for example, may be an interest in fee simple, a leasehold interest or a security interest such as a mortgage. The extent of an interest, for example, may be the whole of the property or some lesser specified interest, such as a half-interest as a tenant in common.
If you believe that any other person has an interest in the property described in the unexplained wealth restraining order, you must state to the best of your knowledge the name and address of every such person in the declaration.
You must give the declaration to a police officer within 14 days after you were given this notice.
If you fail, without reasonable excuse, to make a declaration and give the declaration to a police officer within 14 days, you may be charged with a criminal offence and prosecuted under section 40O(1) of the Confiscation Act 1997.
If you make a false or misleading statement in your declaration, you may be charged and prosecuted under section 40O(3) of the Confiscation Act 1997.
A statement made by you in a declaration of property interests, and any information, document or thing obtained as a consequence of such a statement, is admissible against you in a proceeding for making a false or misleading statement in the declaration or in any proceeding under the Confiscation Act 1997, but is not otherwise admissible in evidence against you.
🞏 I have an interest as stated below in property described in the unexplained wealth restraining order which I have been given; or
🞏 I do not have an interest in property described in the unexplained wealth restraining order which I have been given;
and
🞏 I believe that another person as stated below has an interest in the property described in the unexplained wealth restraining order which I have been given; or
🞏 I do not believe that any other person has an interest in the property described in the unexplained wealth restraining order which I have been given.
FORM 7
Regulation 12
Notice Requiring Declaration of Property Interests—Person Suspected of Engaging in Serious Criminal activity
Section 40M(2)(a) of the Confiscation Act 1997
As soon as you get this notice you should get legal advice to help you understand the notice and your obligations under the notice. Contact your lawyer or a community legal centre for advice.
[Information to the effect of the above advice to be printed in the English, Arabic, Cambodian, Chinese, Croatian, Greek, Italian, Macedonian, Polish, Serbian, Spanish, Turkish and Vietnamese languages.]
A court has made an unexplained wealth restraining order in respect of certain property under section 40I(1) of the Confiscation Act 1997. A copy of the unexplained wealth restraining order should be attached to this notice. The unexplained wealth restraining order describes the property that has been restrained.
You have received this notice because the person who applied for the unexplained wealth restraining order believes that you have an interest in some or all of the property described in the unexplained wealth restraining order and because the order was made on the basis that you are suspected of having engaged in serious criminal activity.
• the following information identifying your sources of income and property in which you have or have had an interest, regardless of whether or not this property is described in the unexplained wealth restraining order—
(a) particulars of any sources of income you have received, including bequests;
(b) any bank or building society accounts held by you, whether solely or jointly;
(c) any real property in which you hold an interest;
(d) any unit trusts, ledgers, shares or debentures in which you hold an interest;
(e) the amount of any cash held by you, including cash held as virtual currency, and the source of the cash;
(f) any motor vehicles, boats, works of art, livestock or jewellery owned by you that have an individual value of $5000 or more;
(g) any safe deposit boxes held by you;
(h) any charge and credit cards held by you;
(i) any accounts held by you for the purposes of gambling;
(j) any trusts in which you have a beneficial interest;
(k) any transfers of property made by you to another person in the previous 6 years if the total value of those transfers is $50 000 or more;
(l) any transfers of property to you made by another person in the previous 6 years if the total value of those transfers is $50 000 or more; and
• whether or not you have an interest in the property described in the unexplained wealth restraining order; and
• whether or not you believe that any other person has an interest in the property described in the unexplained wealth restraining order.
An interest in property is defined in section 3(1) of the Confiscation Act 1997 as meaning a legal or equitable estate or interest in the property, or a right, power or privilege over, or in connection with, the property.
If you have an interest in the property described in the unexplained wealth restraining order, you must also state in the declaration the nature and extent of that interest, including—
• in relation to any security interest other than a mortgage, the current value of the debt secured by the interest in the property.
The nature of an interest in land, for example, may be an interest in fee simple, a leasehold interest or a security interest such as a mortgage. The extent of an interest, for example, may be the whole of the property or some lesser specified interest, such as a half-interest as a tenant in common.
If you believe that any other person has an interest in the property described in the unexplained wealth restraining order, you must state to the best of your knowledge the name and address of every such person in the declaration.
You must give the declaration to a police officer within 28 days after you were given this notice.
If you fail, without reasonable excuse, to make a declaration and give the declaration to a police officer within 28 days, you may be charged with a criminal offence and prosecuted under section 40O(2) of the Confiscation Act 1997.
If you make a false or misleading statement in your declaration, you may be charged and prosecuted under section 40O(3) of the Confiscation Act 1997.
A statement made by you in a declaration of property interests, and any information, document or thing obtained as a consequence of such a statement, is admissible against you in a proceeding for making a false or misleading statement in the declaration or in any proceeding under the Confiscation Act 1997, but is not otherwise admissible in evidence against you.
I receive income from the following sources, including bequests:
I hold, either solely or jointly, the following bank or building society accounts:
I hold an interest in the following real property:
I hold an interest in the following unit trusts, ledgers, shares or debentures:
I hold the following amount of cash, including virtual currency, which I received from the following sources:
I hold the following motor vehicles, boats, works of art, livestock and jewellery valued at $5000 or greater:
I hold the following safe deposit boxes:
I hold the following charge and credit cards:
I hold the following accounts for the purposes of gambling:
I hold a beneficial interest in the following trusts:
I have/have not (delete as applicable) received transfers of property from another person in the previous six years, the total value of which was $50 000 or greater. These transfers were as follows:
and
🞏 I have an interest as stated below in property described in the unexplained wealth restraining order which I have been given; or
🞏 I do not have an interest in property described in the unexplained wealth restraining order which I have been given;
and
🞏 I believe that another person as stated below has an interest in the property described in the unexplained wealth restraining order which I have been given; or
🞏 I do not believe that any other person has an interest in the property described in the unexplained wealth restraining order which I have been given.
FORM 8
Regulation 13
Secretary's Certificate of Responsibility and Power
Section 78B(3) of the Confiscation Act 1997
Under section 78B of the Confiscation Act 1997, I, [insert name], Secretary to the Department of Justice and Community Safety, certify that I have responsibility for, and power in relation to, the property described below by virtue of a memorandum of understanding entered into with a law enforcement agency under section 78A of that Act.
Description of property
The details of the memorandum of understanding are as follows—
Law enforcement agency [insert law enforcement agency]
Date entered into [insert date]
*Specified property or class of property [insert property details]
to which the memorandum of
understanding relevantly refers
*Specified person who has an interest [insert person's name]
in property or against whom an order
or declaration is made under the Confiscation Act 1997, and to whom
the memorandum of understanding
relevantly refers
Secretary to the Department of Justice and Community Safety
Sch. 1 Form 9 amended by S.R. No. 74/2023 reg. 18.
FORM 9
Regulation 14
Search Warrant
Section 79(5) of the Confiscation Act 1997
Purpose for which warrant is issued
Description of tainted or forfeited property
Premises which may be searched for tainted or forfeited property
[insert address of premises]
🞏 person likely to be charged with offence within the next 48 hours
Reasonable grounds for believing that there—
in or on the premises described above the tainted or forfeited property described above.
The application for this search warrant was made *in writing/*by telephone.
This search warrant was *transmitted/*not transmitted by facsimile machine.
This warrant authorises any police officer, with the aid of any assistants considered necessary, to break and enter the premises described above and to—
🞏 search the premises described above for any tainted or forfeited property described above;
🞏 search any person found in or on the premises described above suspected on reasonable grounds of having on his or her person any tainted or forfeited property described above—
and to seize any such property.
The power to seize property which includes a digital asset or to seize the means of accessing or gaining control of a digital asset includes the power to access or interfere with a computer or data storage device storing the asset or data related to the asset, to alter or transfer the asset or data related to the asset, and to change, transfer or perform any other transaction in relation to the asset or data related to the asset that may be required to gain exclusive control of the asset.
The power to seize property includes the power to remove the property, to guard the property in or on the premises, to make copies of the whole or part of the property and to issue an embargo notice under section 93 of the Confiscation Act 1997 in respect of the property.
A police officer executing this warrant may also seize other property not of the kind described above if the officer believes on reasonable grounds that the property is of a kind that could have been included in this search warrant or will afford evidence about the commission of another Schedule 1 offence and the police officer believes on reasonable grounds that it is necessary to seize that property in order to prevent its concealment, loss or destruction or its use in committing or continuing a Schedule 1 offence.
If reasonably necessary to do so, the person authorised to search may break open any receptacle in or on the premises for the purposes of the search.
*Authority to give a direction under section 80A(2) of the Confiscation Act 1997
A police officer executing this warrant may direct—
[Name of specified person or persons]
of
[Address or addresses]
to provide any information or assistance that is reasonable or necessary to allow the police officer to—
access data held in, or accessible from, a computer or data storage device that—
copy to another data storage device data held in, or accessible from, a computer or data storage device that—
convert into documentary form or another form intelligible to a police officer—
data held in, or accessible from, a computer or data storage device that—
data held in a data storage device to which the data was copied in accordance with a direction given by authority of this warrant;
use data that—
is recorded on a thing that is—
on warrant premises;
has been seized under this warrant and is at a place other than warrant premises; and
enables access to other data held in, or accessible from, a computer or data storage device—
to access the other data.
This warrant ceases to have effect at the end of one month after its issue, or if it is recalled and cancelled by the magistrate or judge who issued it or when it is executed, whichever occurs first.
The police officer executing this warrant is required to produce this warrant for inspection by an occupier of, or a person who is in charge of, the premises if requested to do so. The police officer executing this warrant must serve the occupier's notice attached to the execution copy of this warrant on a person who appears to be an occupier of, or to be in charge of, the premises and to be aged 18 years or more. (If no such person is in attendance the attached occupier's notice must be served as soon as practicable after the execution of this warrant, unless otherwise ordered by the judicial officer issuing this warrant).
Issued at am/pm on [date] at [place]
Sch. 1 Form 10 substituted by S.R. No. 74/2023 reg. 19.
FORM 10
Regulation 15(a)
Seizure Warrant (TAINTED PROPERTY)
Section 79A(6) of the Confiscation Act 1997
This warrant is issued for the purpose of seizing tainted property described below
Description of tainted property
Description of public place from which tainted property may be seized
[insert address or location of premises or place]
person charged with offence
person likely to be charged with offence within the next 48 hours
person convicted of offence
not applicable: non-conviction based forfeiture
Reasonable grounds for believing that the tainted property described above—
is
may be within the next 72 hours—
at the public place described above.
[Name, Rank, No. of police officer]
[Address]
The application for the seizure warrant was made *in writing/*by telephone.
The seizure warrant was *transmitted/*not transmitted by facsimile machine.
This warrant authorises any police officer, with the aid of any assistants considered necessary, to seize the tainted property described above. Nothing in this warrant authorises the seizure of any property not specified in the warrant, the arrest of any person, or the entry of any premises to seize property.
This warrant ceases to have effect at the end of one month after its issue, or if it is recalled and cancelled by the magistrate or judge who issued it, or when it is executed, whichever occurs first.
The police officer executing this warrant is required to produce this warrant for inspection by any person present during the execution of the warrant, if that person has an interest in the property being seized or is in charge of the property being seized.
The applicant for this warrant must give notice of the execution of the warrant to all persons known to have an interest in the property seized under the warrant as soon as practicable, but not more than 7 days after execution.
This warrant is issued under section 79A of the Confiscation Act 1997.
Issued at [time] am/pm on [date] at [place]
Sch. 1 Form 10A inserted by S.R. No. 74/2023 reg. 20.
FORM 10A
Regulation 15(b)
Seizure Warrant (FORFEITED PROPERTY)
Section 79A(6) of the Confiscation Act 1997
This warrant is issued for the purpose of seizing forfeited property described below
Description of forfeited property
Description of public place from which forfeited property may be seized
[insert address or location of premises or place]
person charged with offence
person likely to be charged with offence within the next 48 hours
person convicted of offence
not applicable: non-conviction based forfeiture
Reasonable grounds for believing that the forfeited property described above—
is
may be within the next 72 hours
at the public place described above.
[Name, Rank, No. of police officer ]
[Address]
The application for the seizure warrant was made *in writing/*by telephone.
The seizure warrant was *transmitted/*not transmitted by facsimile machine.
This warrant authorises any police officer, with the aid of any assistants considered necessary, to seize the forfeited property described above. Nothing in this warrant authorises the seizure of any property not specified in the warrant, the arrest of any person, or the entry of any premises to seize property.
This warrant ceases to have effect at the end of the period of 6 months after its issue, or if it is recalled and cancelled by the magistrate or judge who issued it, or when it is executed, whichever occurs first.
The police officer executing this warrant is required to produce this warrant for inspection by any person present during the execution of the warrant, if that person has an interest in the property being seized or is in charge of the property being seized.
The applicant for this warrant must give notice of the execution of the warrant to all persons known to have an interest in the property seized under the warrant as soon as practicable, but not more than 7 days after execution.
This warrant is issued under section 79A of the Confiscation Act 1997.
Issued at [time] am/pm on [date] at [place]
Sch. 1 Form 11 amended by S.R. No. 74/2023 reg. 21.
FORM 11
Regulation 16
Occupier'S NOTICE
Section 83 of the Confiscation Act 1997
A search warrant authorised by Part 11 of the Confiscation Act 1997 was issued at am/pm on [date] at [place] by [insert name]
Name of person who applied for the warrant—
[insert name]
Description of tainted or forfeited property
Premises which may be searched for tainted or forfeited property—
The warrant was issued to—
The warrant authorises any police officer with the aid of any assistants considered necessary to break and enter the premises described above and to—
🞏 search the premises described above for the tainted property or the forfeited property described above;
🞏 search any person found in or on the premises described above suspected on reasonable grounds of having on his or her person the tainted or forfeited property described above—
and to seize the property.
The power to seize property which includes a digital asset or to seize the means of accessing or gaining control of a digital asset includes the power to access or interfere with a computer or data storage device storing the asset or data related to the asset, to alter or transfer the asset or data related to the asset, and to change, transfer or perform any other transaction in relation to the asset or data related to the asset that may be required to gain exclusive control of the asset.
The power to seize property includes the power to remove the property, to guard the property in or on the premises, to make copies of the whole or part of the property and to issue an embargo notice under section 93 of the Confiscation Act 1997 in respect of the property.
A police officer executing the warrant may also seize other property not of the kind described in the warrant if the police officer believes on reasonable grounds that the property is of a kind that could have been included in this search warrant or will afford evidence about the commission of another Schedule 1 offence and the police officer believes on reasonable grounds that it is necessary to seize that property in order to prevent its concealment, loss or destruction or its use in committing or continuing a Schedule 1 offence.
If reasonably necessary to do so, the person authorised to search may break open any receptacle in or on the premises for the purposes of the search.
*Authority to give a direction under section 80A(2) of the Confiscation Act 1997
A police officer executing this warrant may direct—
[Name of specified person or persons]
of
[Address or addresses]
to provide any information or assistance that is reasonable or necessary to allow the police officer to—
access data held in, or accessible from, a computer or data storage device that—
copy to another data storage device data held in, or accessible from, a computer or data storage device that—
convert into documentary form or another form intelligible to a police officer—
data held in, or accessible from, a computer or data storage device that—
data held in a data storage device to which the data was copied in accordance with a direction given by authority of this warrant;
use data that—
is recorded on a thing that is—
on warrant premises;
has been seized under this warrant and is at a place other than warrant premises; and
enables access to other data held in, or accessible from, a computer or data storage device—
to access the other data.
Seized property may be returned in certain circumstances under section 97 of the Confiscation Act 1997. Victoria Police or Asset Confiscation Operations business unit in the Department of Justice and Community Safety may be contacted for more information.
[insert contact details]
The warrant ceases to have effect at the end of one month after its issue, or if it is recalled and cancelled by the magistrate or judge who issued it or when it is executed, whichever occurs first.
The police officer executing the warrant is required to produce the warrant for inspection by an occupier of, or a person who is in charge of, the premises if requested to do so. On entry to the premises or as soon as practicable thereafter, the police officer executing the warrant must serve this occupier's notice on a person who appears to be an occupier of, or to be in charge of, the premises and to be aged 18 years or more. (If no such person is in attendance the occupier's notice must be served as soon as practicable after the execution of the warrant, either personally or in any other manner that the judicial officer who issued the warrant may direct.)
OBLIGATIONS TO ASSIST POLICE OFFICER
If the warrant authorises a police officer to give a direction to a specified person or persons to provide information or assistance, that person or persons must comply with that direction if they have relevant knowledge of:
(a) the computer or data storage device or computer network of which the computer or data storage device forms or formed a part; or
(b) data recorded on a thing that enables access to other data held in, or accessible from, a computer or data storage device; or
(c) measures applied to protect—
(i) data held in, or accessible from, the computer or data storage device; or
(ii) data recorded on a thing that enables access to other data held in, or accessible from, a computer or data storage device.
Failure to comply with a direction under the warrant without reasonable excuse is an offence under section 80A(4) of the Confiscation Act 1997. The maximum penalty for this offence is 2 years imprisonment.
FORM 12
Regulation 17
Notice of Execution of Seizure Warrant
Section 88A of the Confiscation Act 1997
A seizure warrant was issued under section 79A of the Confiscation Act 1997 at am/pm on [date] at [place] by [insert name]
The seizure warrant authorised any police officer, with the aid of any assistants considered necessary, to seize the tainted property or forfeited property specified in the warrant from the public place described below.
🞏 to seize tainted property described below from a public place
🞏 to seize forfeited property described below from a public place
Description of tainted or forfeited property seized—
Description of public place from which tainted or forfeited property was seized—
[insert description of public place]
The seizure warrant was executed at am/pm on [date] by—
Seized property may be returned in certain circumstances under section 97 of the Confiscation Act 1997. Victoria Police or Asset Confiscation Operations business unit in the Department of Justice and Community Safety may be contacted for more information.
[insert contact details.]
The police officer who executed the seizure warrant was required to produce the warrant for inspection by any person present during the execution of the warrant, if that person had an interest in the property being seized or was in charge of the property being seized.
FORM 13
Regulation 18
Report on Execution of Warrant
Section 89(1) of the Confiscation Act 1997
**To the issuing Judge/Magistrate [insert name]
I, [insert Name, Rank, No. and Address] being the person to whom the *search warrant/*seizure warrant (a copy of which is attached) was issued, report the following outcome in relation to the warrant—
🞏 The warrant was executed by—
[insert Name, Rank, No. and Address]
at am/pm on [date]
The following items were seized—
[insert number and description of each item]
[If insufficient room attach extra page(s)]
In the case of a search warrant, an occupier's notice
*was served on [insert name of person served and whether occupier of, or in charge of, premises]
*was not served
An embargo notice *was issued under section 93 in relation to the following property by
*serving a copy on [insert name of person served]
*affixing a copy to the property [describe property]
*was not issued
In the case of a seizure warrant, a notice of execution of seizure warrant was *given/*not given in accordance with section 88A.
🞏 The warrant was not executed because
FORM 14
Regulation 19
Embargo Notice
Section 93 of the Confiscation Act 1997
A search warrant authorised by Part 11 of the Confiscation Act 1997 was issued at am/pm on [date] at [place] by [name]
Description of tainted or forfeited property—
Premises which may be searched for tainted or forfeited property—
This embargo notice is issued by—
Name, Rank, No. of police officer executing search warrant
It is an offence punishable by a maximum penalty of 10 years imprisonment or a fine of 1200 penalty units or both for a person who knows that an embargo notice relates to property to—
• sell
• lease
• move without the written consent of the police officer who issued the embargo notice
• transfer
• otherwise deal with—
the property or any part of the property while the embargo notice is in force (section 93(3) of the Confiscation Act 1997).
It is a defence to a prosecution for an offence against section 93(3) to prove that the accused moved the property or the part of the property for the purpose of protecting and preserving it.
This embargo notice ceases to be in force 21 days after its issue unless an application for a restraining order or a civil forfeiture restraining order in respect of the property to which it relates has been made within that time, in which case the notice continues in force until that application is determined.
FORM 15
Regulation 20
Notice of Property Retention Declaration
Section 95D of the Confiscation Act 1997
You have received this notice because the Magistrates' Court has made a declaration under section 95C of the Confiscation Act 1997.
The declaration was made at am/pm on [date] at [place] by [name] Magistrate
The applicant for the declaration was—
The declaration is that property in which you have an interest, which has been seized under a warrant issued under—
🞏 section 465 of the Crimes Act 1958
🞏 section 81 of the Drugs, Poisons and Controlled Substances Act 1981
is to be held or retained under the Confiscation Act 1997 as if it were tainted property seized under a warrant under section 79 of that Act.
Property to which the declaration applies—
Seized property may be returned to you in certain circumstances under section 97 of the Confiscation Act 1997.
Victoria Police or Asset Confiscation Operations business unit in the Department of Justice and Community Safety may be contacted for more information at [insert contact details].
Sch. 1 Form 16 amended by S.R. No. 74/2023 reg. 22.
FORM 16
Regulation 21
Search and Inspection Warrant
Section 97B of the Confiscation Act 1997
Purpose for which warrant is issued—
🞏 to search for and inspect the restrained property described below
🞏 to search for and inspect the property described below to which an embargo notice relates
🞏 to search for and inspect the forfeited property described below
Description of restrained, embargoed or forfeited property authorised to be inspected—
Premises which may be entered to search for the restrained, embargoed or forfeited property—
or other description of premises
Reasons for issue of warrant—
Reasonable grounds for believing that it is necessary to inspect the property described above for the purposes of maintaining it, and that the property (other than real property)—
in or on the premises described above.
This warrant is issued to the following person(s)
Name
This warrant authorises the person(s) named above, with the aid of any assistants considered reasonably necessary to achieve the purpose for which the warrant was issued, to—
*enter the premises described above
*search for and inspect the property described above
*break open any receptacle in or on the premises described above for the purposes of the search and inspection of the property described above, if it is reasonably necessary to do so
*photograph or record by other means the property described above
*make an inventory of the property described above.
*This warrant authorises the sheriff or a person directed by the sheriff to break and enter the premises described above.
This warrant ceases to have effect if it is recalled and cancelled by the magistrate who issued it. If it is not recalled and cancelled, this warrant ceases to have effect at the end of two months after its issue or when it is executed, whichever occurs first.
Issued at am/pm on [date] at [place] by Magistrate.
FORM 17
Regulation 22
Report on Execution of Search and Inspection Warrant
Section 97I of the Confiscation Act 1997
To the registrar of the Magistrates' Court
I, [insert name and address] being the person to whom this search and inspection warrant (a copy of which is attached) was issued, report the following outcome in relation to the warrant—
🞏 The warrant was executed by [insert name and address]
at am/pm on [insert date]
The following property was inspected—
[insert brief description of each item of property inspected]
[If insufficient room, attach extra page(s)]
A copy of the warrant—
*was given to the occupier
*was given to a person at the premises other than the occupier
*was not given to the occupier or any other person at the premises because—
[set out reasons why copy of warrant not given]
An inventory of the property inspected—
*was not made
*was made and a copy of the inventory was given to each person with an interest in the property
*was made and a copy of the inventory was not given to each person with an interest in the property because—
[set out reasons why copy of inventory not given]
Written notice under section 97J(1)(b) of the Confiscation Act 1997
*was given to each person with an interest in the property inspected
*was not given to each person with an interest in the property inspected because—
[set out reasons why written notice not given]
🞏 The warrant was not executed because—
Sch. 1 Form 18 amended by S.R. No. 74/2023 reg. 23.
FORM 18
Regulation 23
Search and Seizure Warrant
Section 97N of the Confiscation Act 1997
This warrant is issued for the purpose of searching for and seizing the forfeited property described below.
Description of forfeited property authorised to be seized—
Premises which may be entered to search for and seize the forfeited property—
or other description of premises
Reasons for issue of warrant—
Reasonable grounds for believing that the property described above—
in or on the premises described above.
This warrant is issued to the following person(s)—
Name
This warrant authorises the person(s) named above, with the aid of any assistants considered reasonably necessary to achieve the purpose for which the warrant was issued, to—
*enter the premises described above
*break open any receptacle in or on the premises described above for the purposes of the search and seizure of the property described above, if it is reasonably necessary to do so
*search for and seize the property described above.
*This warrant authorises the sheriff or a person directed by the sheriff to break and enter the premises described above.
This warrant ceases to have effect if it is recalled and cancelled by the magistrate who issued it. If it is not recalled and cancelled, this warrant ceases to have effect at the end of two months after its issue or when it is executed, whichever occurs first.
Issued at am/pm on [date] at [place] by Magistrate.
FORM 19
Regulation 24
Report on Execution of Search and Seizure Warrant
Section 97U of the Confiscation Act 1997
To the registrar of the Magistrates' Court
I, [insert name and address]
being the person to whom this search and seizure warrant [a copy of which is attached] was issued, report the following outcome in relation to the warrant—
🞏 The warrant was executed by—
[insert name and address]
at am/pm on [insert date]
The following property was seized—
[insert brief description of each item of property seized]
[If insufficient room, attach extra page(s)]
A copy of the warrant—
*was given to the occupier
*was given to a person at the premises other than the occupier
*was not given to the occupier or any other person at the premises because—
[set out reasons why a copy of the warrant was not given]
🞏 The warrant was not executed because—
Sch. 1 Form 19A inserted by S.R. No. 74/2023 reg. 24.
FORM 19A
Regulation 24A
EXAMINATION NOTICE
Section 98A of the Confiscation Act 1997
As soon as you get this notice you should get legal advice to help you understand the notice and your obligations under the notice. Contact your lawyer or a community legal centre for advice.
[Information to the effect of the above advice to be printed in the English, Arabic, Cambodian, Chinese, Croatian, Greek, Italian, Macedonian, Polish, Serbian, Spanish, Turkish and Vietnamese languages.]
To [insert name of person]
of [insert address of person]
An examination order under section 98 of the Confiscation Act 1997 was made on [insert date] by [insert Judge's name].
Under section 98A of the Confiscation Act 1997, you are required to attend an examination at the time and place specified below.
Time [insert time of examination]
Place [insert place of examination]
You must produce the following *information or *documents at the examination:
[insert list of information or documents required (if any)]
This examination notice is given to you under section 98A of the Confiscation Act 1997 by
[insert signature of applicant for the examination order]
[insert name of applicant for the examination order]
Applicant for the examination order under section 98 of the Confiscation Act 1997.
[insert date]
It is an offence for a person to fail, without reasonable excuse, to produce any information or document specified in an examination notice.
The maximum penalty for this offence is 2 years imprisonment or a fine of 240 penalty units or both (section 99(3) of the Confiscation Act 1997.
FORM 20
Regulation 25
Search Warrant for Property-tracking Documents
Section 110 of the Confiscation Act 1997
This warrant is issued for the purpose of searching for property-tracking document(s)
Description of property-tracking document(s) authorised to be seized—
[insert description of documents]
Description of property to which property-tracking document(s) relate(s)—
Premises which may be searched for property-tracking document(s)—
Nature of offence in reliance on which warrant is issued—
🞏 Schedule 1 offence
🞏 Schedule 2 offence
🞏 Serious drug offence
🞏 reasonable grounds for believing offence committed by a person
*Director of Public Prosecutions for Victoria
*Police officer
Name, Rank, No.
This warrant authorises the person to whom it is directed with any assistants and by any force that is necessary and reasonable—
• to break, enter and search the premises described above for any document of the kind described above.
• to seize any document found in the course of the search that the person executing this warrant believes, on reasonable grounds, to be a document of that kind.
• to seize any document or thing found in the course of the search that the person executing this warrant believes, on reasonable grounds—
i. to be a property-tracking document in relation to the offence (although not of a kind described in this warrant) or in relation to another Schedule 1 offence or Schedule 2 offence; or
ii. to be a thing that will afford evidence about the commission of a Schedule 1 offence—
and that he or she believes, on reasonable grounds, is necessary to be seized in order to prevent its concealment, loss or destruction.
This warrant ceases to have effect at the end of one month after its issue, or if it is recalled and cancelled by the magistrate or judge who issued it or when it is executed, whichever occurs first.
Issued at am/pm on [date] by
Sch. 1 Form 21 amended by S.R. No. 74/2023 reg. 25.
FORM 21
Regulation 26
Information Notice
Section 118H of the Confiscation Act 1997
This information notice is issued to you under section 118D of the Confiscation Act 1997 by—
Name, Rank, No.
being a police officer of the rank of inspector or above authorised in writing by the Chief Commissioner of Police under section 118B of the Confiscation Act 1997 to issue information notices.
Name/number of account—
*Name(s) in which account held
*Account number
Information you are required to provide—
*where names(s) in which account held specified—
whether an account is or has been held in the name(s) specified above, and if so, the number and current balance of that account and the account type
in the case of an account for a loan that is secured by property, the registered proprietors of the property securing the account for the loan, the amount secured by the property and the location of the property
in the case of an account that is associated with digital assets, the quantum or value of the digital asset(s) associated with the account specified above, and the digital asset type(s).
*where account number specified—
the names(s) in which the account specified above is or was held, the balance of the account (if still held) and the account type
in the case of an account for a loan that is secured by property, the registered proprietors of the property securing the account for the loan, the amount secured by the property and the location of the property
in the case of an account that is associated with digital assets, the quantum or value of the digital asset associated with the account specified above, and the digital asset type.
Property details—
*If the information notice is issued under s.118D(3)of the Confiscation Act 1997
*You have been issued this information notice because the following property is believed to be subject to a mortgage or other security interest in your favour:
[insert details of property]
Other details that may assist you to identify the account
You must provide this information in writing to the following law enforcement agency—[specify]
(the law enforcement agency whose member or officer issued you with this information notice)
by [time] am/pm on [date] (being not less than 3 business days after the date on which this notice is given to you).
Expiry of information notice
This information notice ceases to have effect 3 months from the date of issue and may be reissued within that time.
Obligations of financial institution
It is an offence for a financial institution that has been given an information notice—
(a) without reasonable excuse, to fail to comply with the information notice; or
(b) in purported compliance with the information notice, knowingly to give information that is false or misleading in a material particular.
This is a summary offence. The maximum penalty for this offence is a fine of 1200 penalty units (section 118J of the Confiscation Act 1997).
It is an offence for a financial institution that has been given an information notice to disclose the existence of the notice to any person (including the person(s) to whom the notice relates) except—
(a) a police officer, if the notice specifies Victoria Police as the law enforcement agency to which the information must be given; or
(b) if the notice specifies another authority or person as the law enforcement agency to which the information must be given, a member, officer or employee of the agency; or
(c) an officer or agent of the financial institution, for the purpose of ensuring that the notice is complied with; or
(d) a legal practitioner acting for the financial institution, for the purpose of obtaining legal advice or representation in relation to the notice.
This is a summary offence. The maximum penalty for this offence is a fine of 1200 penalty units (section 118K(1) of the Confiscation Act 1997).
Obligations of people to whom existence of information notice is disclosed
A person to whom the existence of an information notice is disclosed in accordance with the exceptions above must not disclose the existence of the notice to any person other than in the circumstances described below.
A police officer or a member, officer or employee of another authority or person specified in an information notice as the law enforcement agency to which the information is to be given may disclose the existence of the notice to another person of that kind for the purpose of the performance of his or her duties.
An officer or agent of the financial institution may disclose the existence of the notice to another officer or agent of the financial institution for the purpose of ensuring that the notice is complied with or obtaining legal advice or representation in relation to the notice.
A legal practitioner acting for the financial institution may disclose the existence of the notice for the purpose of giving legal advice or providing representation in relation to the notice.
When the police officer, member, officer or employee of another authority or person specified as the law enforcement agency, officer or agent of the financial institution or legal practitioner acting for the financial institution (as the case may be) ceases to be such a person, he or she must not make a record of, or disclose, the existence of the information notice in any circumstances.
Failure to comply with these obligations constitutes an offence. The maximum penalty for this offence is 2 years imprisonment or a fine of 240 penalty units or both (section 118K(2) of the Confiscation Act 1997).
It is not an offence to disclose the existence of an information notice if the existence of the notice has been made known in any proceedings in open court.
It is also not an offence for a person to whom the existence of an information notice has been disclosed to disclose the existence of the notice for the purposes of, or in connection with, legal proceedings or in the course of proceedings before a court.
It is not an offence for a police officer or a member, officer or employee of an authority or person specified in an information notice as the law enforcement agency to which the information is to be given to disclose the existence of the information notice for the purposes of a report to the Minister under section 139A(1) or (2) of the Confiscation Act 1997.
A reference to disclosing the existence of an information notice to a person includes a reference to disclosing information to the person from which the person could reasonably be expected to infer the existence of the notice.
Immunity from suit
No civil proceeding lies against a financial institution or an officer, employee or agent of the financial institution acting in the course of that person's duties, in relation to any action taken or information given by the institution or person in compliance with an information notice (section 118L of the Confiscation Act 1997).
Sch. 1 Form 21A inserted by S.R. No. 74/2023 reg. 26.
FORM 21A
Regulation 26
Information Notice
Section 118H of the Confiscation Act 1997
This information notice is issued to you under section 118E of the Confiscation Act 1997 by—
[insert name and title]
[insert address]
being a person prescribed for the purposes of section 118C of the Confiscation Act 1997 to issue information notices.
Name/number of account—
*Name(s) in which account held
*Account number
Information you are required to provide—
*where names(s) in which account held specified—
• whether an account is or has been held in the name(s) specified above, and if so, the number and current balance of that account and the account type
• in the case of an account for a loan that is secured by property, the registered proprietors of the property securing the account for the loan, the amount secured by the property and the location of the property
• in the case of an account that is associated with digital assets, the quantum or value of the digital asset(s) associated with the account specified above, and the digital asset type(s).
*where account number specified—
• the names(s) in which the account specified above is or was held, the balance of the account (if still held) and the account type
• in the case of an account for a loan that is secured by property, the registered proprietors of the property securing the account for the loan, the amount secured by the property and the location of the property
• in the case of an account that is associated with digital assets, the quantum or value of the digital asset associated with the account specified above, and the digital asset type.
Property details—
*If the information notice is issued under s.118E(3) of the Confiscation Act 1997
*You have been issued this information notice because it is required to manage or dispose of the following property
[insert details of property]
Other details that may assist you to identify the account
You must provide this information in writing to the following law enforcement agency—[specify]
(the law enforcement agency whose member or officer issued you with this information notice)
by [time] am/pm on [date] (being not less than 3 business days after the date on which this notice is given to you).
Obligations of financial institution
It is an offence for a financial institution that has been given an information notice—
(a) without reasonable excuse, to fail to comply with the information notice; or
(b) in purported compliance with the information notice, knowingly to give information that is false or misleading in a material particular.
This is a summary offence. The maximum penalty for this offence is a fine of 1200 penalty units (section 118J of the Confiscation Act 1997).
It is an offence for a financial institution that has been given an information notice to disclose the existence of the notice to any person (including the person(s) to whom the notice relates) except—
(a) a police officer, if the notice specifies Victoria Police as the law enforcement agency to which the information must be given; or
(b) if the notice specifies another authority or person as the law enforcement agency to which the information must be given, a member, officer or employee of the agency; or
(c) an officer or agent of the financial institution, for the purpose of ensuring that the notice is complied with; or
(d) a legal practitioner acting for the financial institution, for the purpose of obtaining legal advice or representation in relation to the notice.
This is a summary offence. The maximum penalty for this offence is a fine of 1200 penalty units (section 118K(1) of the Confiscation Act 1997).
Obligations of people to whom existence of information notice is disclosed
A person to whom the existence of an information notice is disclosed in accordance with the exceptions above must not disclose the existence of the notice to any person other than in the circumstances described below.
A police officer or a member, officer or employee of another authority or person specified in an information notice as the law enforcement agency to which the information is to be given may disclose the existence of the notice to another person of that kind for the purpose of the performance of his or her duties.
An officer or agent of the financial institution may disclose the existence of the notice to another officer or agent of the financial institution for the purpose of ensuring that the notice is complied with or obtaining legal advice or representation in relation to the notice.
A legal practitioner acting for the financial institution may disclose the existence of the notice for the purpose of giving legal advice or providing representation in relation to the notice.
When the police officer, member, officer or employee of another authority or person specified as the law enforcement agency, officer or agent of the financial institution or legal practitioner acting for the financial institution (as the case may be) ceases to be such a person, the person must not make a record of, or disclose, the existence of the information notice in any circumstances.
Failure to comply with these obligations constitutes an offence. The maximum penalty for this offence is 2 years imprisonment or a fine of 240 penalty units or both (section 118K(2) of the Confiscation Act 1997).
It is not an offence to disclose the existence of an information notice if the existence of the notice has been made known in any proceedings in open court.
It is also not an offence for a person to whom the existence of an information notice has been disclosed to disclose the existence of the notice for the purposes of, or in connection with, legal proceedings or in the course of proceedings before a court.
It is not an offence for a police officer or a member, officer or employee of an authority or person specified in an information notice as the law enforcement agency to which the information is to be given to disclose the existence of the information notice for the purposes of a report to the Minister under section 139A(1) or (2) of the Confiscation Act 1997.
A reference to disclosing the existence of an information notice to a person includes a reference to disclosing information to the person from which the person could reasonably be expected to infer the existence of the notice.
Immunity from suit
No civil proceeding lies against a financial institution or an officer, employee or agent of the financial institution acting in the course of that person's duties, in relation to any action taken or information given by the institution or person in compliance with an information notice (section 118L of the Confiscation Act 1997).
Sch. 1 Form 22 amended by S.R. Nos 74/2023 reg. 27, 151/2025 reg. 5.
FORM 22
Regulation 27
Document Request
Section 120B of the Confiscation Act 1997
As soon as you get this notice you should get legal advice to help you understand the notice and your obligations under the notice. Contact your lawyer or a community legal centre for advice.
[Information to the effect of the above advice to be printed in the English, Arabic, Cambodian, Chinese, Croatian, Greek, Italian, Macedonian, Polish, Serbian, Spanish, Turkish and Vietnamese languages.]
To: [Name and address]
*This document request is given to you under—
*section 120A(1) of the Confiscation Act 1997 by the Secretary to the Department of Justice and Community Safety, Victoria, who has responsibility for this property.
[specify basis on which Secretary has responsibility for the property]
*section 120A(2) of the Confiscation Act 1997 by—
Name
being a prescribed person for the purposes of that subsection.
You have received this document request because the
*Secretary/*prescribed person named above believes that you have possession or control of documents relating to the maintenance and management of the property described below.
Description of property—
*This document request is given to you under section 120AB(1) of the Confiscation Act 1997 by [insert name and address], being a prescribed person for the purposes of that subsection.
You have received this document request because the prescribed person named above believes that you have possession or control of documents required for the enforcement of the order described below.
Description of pecuniary penalty order or order under section 12 of the Crimes (Confiscation of Profits) Act 1986 before its repeal—
*This document request is given to you under section 120AC(1) of the Confiscation Act 1997 by [insert name and address], being a prescribed person for the purposes of that subsection.
You have received this document because the prescribed person named above believes that you have possession or control of documents required for the enforcement of the order described below.
Description of unexplained wealth order—
You are requested to produce the documents or types of documents specified below to the person who has given you this document request.
Documents requested—
Purposes for which the documents are sought—
*The documents will not be provided to any other person.
*The documents will be provided to other persons in the following circumstances [insert details]
You are required to comply with this request within 14 days after the day on which the document request is given to you.
Address for delivery of documents: [insert address]
A document that you produce to the person who has given you this document request must be returned to you within 7 days after you produce it. If the person who has given you this document request believes on reasonable grounds that it is necessary for the purposes of the Confiscation Act 1997 to retain the document for more than 7 days, that person must give you a copy of the document certified in writing to be a true copy of the document (section 120E of the Confiscation Act 1997).
*Delete if inapplicable
It is an offence for a person who is given a document request to fail, without reasonable excuse, to comply with the request within 14 days after the day on which the request is given (section 120C(1) of the Confiscation Act 1997).
It is also an offence for a person who is given a document request to provide any document that is false or misleading in a material particular (section 120C(2) of the Confiscation Act 1997).
The maximum penalty for each of these offences is a fine of 60 penalty units.
It is an offence for a person who is given a document request to disclose the existence of the document request to any person (including the person to whom the request relates) except—
(a) to the person who made the request or a member or an officer or employee of the person who made the request; or
(b) to a person belonging to a prescribed class of persons; or
(c) if the request was made to an entity, to an officer or agent of the entity, for the purpose of ensuring that the request is complied with; or
(d) to a legal practitioner acting for the person to whom the request has been made, for the purpose of obtaining legal advice or representation in relation to the request; or
(e) to a person for the purpose of obtaining advice or assistance that may reasonably be required to comply with the request, if doing so is not reasonably likely to result in the person to whom the request relates becoming aware of the request.
This is a summary offence. The maximum penalty for this offence is a fine of 1200 penalty units (section 120CA(1) of the Confiscation Act 1997).
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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.
The Confiscation Regulations 2019, S.R. No. 43/2019 were made on 12 June 2019 by the Governor in Council under section 146 of the Confiscation Act 1997, No. 108/1997 and came into operation on 15 June 2019: regulation 3.
The Confiscation Regulations 2019 will sunset 10 years after the day of making on 12 June 2029 (see section 5 of the Subordinate Legislation Act 1994).
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 regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule 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 a Statutory Rule 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 a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Confiscation Regulations 2019 by statutory rules, subordinate instruments and Acts.