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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
These regulations set the technical rules that make the Proceeds of Crime Act work. They define key terms, declare which State and Territory laws and orders the Commonwealth will recognise, specify certain authorised officers (including limited ATO roles), prescribe certificate and notice forms, and fix Official Trustee fees and account‑management rules for confiscated assets. They affect enforcement agencies, courts, the Official Trustee and people facing forfeiture by determining who may act, how interstate orders are treated, and what payments and notices are required.
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Direct links to the current provisions in Proceeds of Crime Regulations 2002.
(1) Subject to subregulation (2), for paragraph (e) of the definition of authorised officer in section 338 of the Act, a person engaged under the Public Service Act 1999 who is performing duties in the Australian Taxation Office and who is authorised by the Commissioner of Taxation for the purposes of that paragraph is specified for the purposes of the Act. (3) To avoid doubt, subregulation (1) applies to the use of the term ‘authorised officer’ in the definition of person assisting in section 338 of the Act.
For the definition of corresponding law in section 338 of the Act, each of the following laws is declared to be a law that corresponds to the Act:
(1) Subject to subregulation (2), for paragraph (b) of the definition of enforcement agency in section 338 of the Act, the Australian Taxation Office is specified as a revenue agency for the purposes of the Act.
For the definition of interstate forfeiture order in section 338 of the Act, each of the following kinds of order is declared to be within that definition: (aa) order, under subsection 29(1) of the Criminal Assets Recovery Act 1990 of New South Wales, declaring that an interest in property is available to satisfy a proceeds assessment order or unexplained wealth order; (ba) order, under subsection 32(2) of the Confiscation of Proceeds of Crime Act 1989 of New South Wales, declaring that specified property is available to satisfy a drug proceeds order; (c) forfeiture order under Division 1 of Part 3, and civil forfeiture order under Part 4, of the Confiscation Act 1997 of Victoria; (db) declaration, under subsection 36(1) of the Confiscation Act 1997 of Victoria, that property has been forfeited under section 35 of that Act; (dd) declaration, under subsection 36GB(1) of the Confiscation Act 1997 (Vic.), that property has been forfeited under section 36GA of that Act; (de) declaration, under subsection 40ZB(3) of the Confiscation Act 1997 (Vic.), that property has been forfeited under section 40ZA of that Act; (eaa) serious drug offender confiscation order under section 93ZZB of the Criminal Proceeds Confiscation Act 2002 of Queensland; (ea) tainted property substitution declaration under subsection 153D(1) of the Criminal Proceeds Confiscation Act 2002 of Queensland; (f) forfeiture order made under section 8 or 9 of the Criminal Assets Confiscation Act 1996 of South Australia (that is continued in force under item 11 of Schedule 1 of the Criminal Assets Confiscation Act 2005 of South Australia); (fb) instrument substitution declaration under section 48 of the Criminal Assets Confiscation Act 2005 of South Australia; (fc) declaration that particular property has been forfeited under section 77 of the Criminal Assets Confiscation Act 2005 of South Australia; (g) crime‑used property substitution declaration under section 22 of the Criminal Property Confiscation Act 2000 of Western Australia; (i) forfeiture order under subsection 10(1) of the Crimes (Confiscation of Profits) Act 1988 of Western Australia that is continued in effect under subsection 7(1) of the Criminal Property Confiscation (Consequential Provisions) Act 2000 of Western Australia; (ia) confiscable property declaration under subsection 28(1) of the Criminal Property Confiscation Act 2000 of Western Australia; (k) forfeiture order under subsection 54(1), 59(2) or 67(2) of the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory; (l) crime‑used property substitution declaration under subsection 81(2) of the Criminal Property Forfeiture Act of the Northern Territory; (m) declaration that property specified in an application that is not owned by the respondent is available for forfeiture under subsection 92(1) of the Criminal Property Forfeiture Act of the Northern Territory; (n) declaration that property has been forfeited under subsection 94(4) of the Criminal Property Forfeiture Act of the Northern Territory; (o) order that property is forfeit to the Territory under subsection 96(1) or section 97, 99, 100 or 101 of the Criminal Property Forfeiture Act of the Northern Territory.
For the definition of interstate pecuniary penalty order in section 338 of the Act, each of the following kinds of order is declared to be within that definition: (ab) proceeds assessment order or unexplained wealth order under subsection 31B(4) of the Criminal Assets Recovery Act 1990 of New South Wales; (b) pecuniary penalty order under subsection 24(1) of the Confiscation of Proceeds of Crime Act 1989 of New South Wales and drug proceeds order under subsection 29(1) of that Act; (f) pecuniary penalty order under paragraph 9(4)(b) of the Criminal Assets Confiscation Act 1996 of South Australia (that is continued in force under item 11 of Schedule 1 of the Criminal Assets Confiscation Act 2005 of South Australia); (ha) criminal benefits declaration under subsection 17(1) of the Criminal Property Confiscation Act 2000 of Western Australia; (i) crime‑used property substitution declaration under section 22 of the Criminal Property Confiscation Act 2000 of Western Australia; (j) pecuniary penalty order under subsection 15(1) of the Crimes (Confiscation of Profits) Act 1988 of Western Australia that is continued in effect under subsection 7(1) of the Criminal Property Confiscation (Consequential Provisions) Act 2000 of Western Australia; (l) penalty order under subsection 84(1) or 85(1) of the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory; (m) unexplained wealth declaration under subsection 71(1) of the Criminal Property Forfeiture Act of the Northern Territory; (n) criminal benefit declaration under subsection 75(1) or 76(1) of the Criminal Property Forfeiture Act of the Northern Territory; (o) crime‑used property substitution declaration under subsection 81(2) of the Criminal Property Forfeiture Act of the Northern Territory
For the definition of interstate restraining order in section 338 of the Act, each of the following kinds of order is declared to be within that definition: (aa) order pending forfeiture under subsection 22(2) of the Confiscation of Proceeds of Crime Act 1989 of New South Wales; (ab) confirmation of a freezing notice under subsection 42L(1) of the Confiscation of Proceeds of Crime Act 1989 of New South Wales; (f) restraining order under section 15 of the Criminal Assets Confiscation Act 1996 of South Australia (that is continued in force under item 11 of Schedule 1 of the Criminal Assets Confiscation Act 2005 of South Australia); (i) restraining order made under subsection 20(7) of the Crimes (Confiscation of Profits) Act 1988 of Western Australia that is continued in effect under subsection 7(1) of the Criminal Property Confiscation (Consequential Provisions) Act 2000 of Western Australia; (k) restraining order under subsection 30(2) or 31(2) of the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory; (l) restraining order under subsection 43(1) or (2) or 44(1) of the Criminal Property Forfeiture Act of the Northern Territory.
For paragraph (b) of the definition of narcotic substance in section 338 of the Act, the following substances are specified: (a) a substance that is a narcotic drug within the meaning given by section 3 of the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990; (b) a substance that is a psychotropic substance within the meaning given by section 3 of the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990;
Note: In addition to the substances specified in regulation 8, a substance that is a narcotic substance within the meaning of the Customs Act 1901 is a narcotic substance for the purposes of the Proceeds of Crime Act 2002—see paragraph (a) of the definition of narcotic substance in section 338 of the Act and regulation 3 and the Schedule to the Customs (Narcotic Substances) Regulations.
For paragraph (h) of the definition of serious offence in section 338 of the Act, the following indictable offences are specified: (v) section 73.9 (providing or possessing a travel or identity document issued or altered dishonestly or as a result of threats); (vi) section 73.10 (providing or possessing a travel or identity document to be used by a person who is not the rightful user); (xvia) section 272.10 (aggravated offence—child with mental impairment or under care, supervision or authority of defendant); (xviii) section 272.12 (sexual intercourse with young person outside Australia—defendant in position of trust or authority); (xix) section 272.13 (sexual activity (other than sexual intercourse) with young person outside Australia—defendant in position of trust or authority); (xxv) section 273.5 (possessing, controlling, producing, distributing or obtaining child pornography material outside Australia); (xxvi) section 273.6 (possessing, controlling, producing, distributing or obtaining child abuse material outside Australia); (xxxii) section 471.17 (possessing, controlling, producing, supplying or obtaining child pornography material for use through a postal or similar service); (xxxiv) section 471.20 (possessing, controlling, producing, supplying or obtaining child abuse material for use through a postal or similar service); (xl) section 474.20 (possessing, controlling, producing, supplying or obtaining child pornography material for use through a carriage service); (xlii) section 474.23 (possessing, controlling, producing, supplying or obtaining child abuse material for use through a carriage service); (xliva) section 474.25B (aggravated offence—child with mental impairment or under care, supervision or authority of defendant); (xiii) subsection 132AR(1) (distributing, importing or communicating copies after removal or alteration of electronic rights management information);
(1) Subject to subregulation (2), for paragraph (e) of the definition of authorised officer in section 338 of the Act, a person engaged under the Public Service Act 1999 who is performing duties in the Australian Taxation Office and who is authorised by the Commissioner of Taxation for the purposes of that paragraph is specified for the purposes of the Act. (3) To avoid doubt, subregulation (1) applies to the use of the term ‘authorised officer’ in the definition of person assisting in section 338 of the Act.
For the definition of corresponding law in section 338 of the Act, each of the following laws is declared to be a law that corresponds to the Act:
(1) Subject to subregulation (2), for paragraph (b) of the definition of enforcement agency in section 338 of the Act, the Australian Taxation Office is specified as a revenue agency for the purposes of the Act.
For the definition of interstate forfeiture order in section 338 of the Act, each of the following kinds of order is declared to be within that definition: (aa) order, under subsection 29(1) of the Criminal Assets Recovery Act 1990 of New South Wales, declaring that an interest in property is available to satisfy a proceeds assessment order or unexplained wealth order; (ba) order, under subsection 32(2) of the Confiscation of Proceeds of Crime Act 1989 of New South Wales, declaring that specified property is available to satisfy a drug proceeds order; (c) forfeiture order under Division 1 of Part 3, and civil forfeiture order under Part 4, of the Confiscation Act 1997 of Victoria; (db) declaration, under subsection 36(1) of the Confiscation Act 1997 of Victoria, that property has been forfeited under section 35 of that Act; (dd) declaration, under subsection 36GB(1) of the Confiscation Act 1997 (Vic.), that property has been forfeited under section 36GA of that Act; (de) declaration, under subsection 40ZB(3) of the Confiscation Act 1997 (Vic.), that property has been forfeited under section 40ZA of that Act; (eaa) serious drug offender confiscation order under section 93ZZB of the Criminal Proceeds Confiscation Act 2002 of Queensland; (ea) tainted property substitution declaration under subsection 153D(1) of the Criminal Proceeds Confiscation Act 2002 of Queensland; (f) forfeiture order made under section 8 or 9 of the Criminal Assets Confiscation Act 1996 of South Australia (that is continued in force under item 11 of Schedule 1 of the Criminal Assets Confiscation Act 2005 of South Australia); (fb) instrument substitution declaration under section 48 of the Criminal Assets Confiscation Act 2005 of South Australia; (fc) declaration that particular property has been forfeited under section 77 of the Criminal Assets Confiscation Act 2005 of South Australia; (g) crime‑used property substitution declaration under section 22 of the Criminal Property Confiscation Act 2000 of Western Australia; (i) forfeiture order under subsection 10(1) of the Crimes (Confiscation of Profits) Act 1988 of Western Australia that is continued in effect under subsection 7(1) of the Criminal Property Confiscation (Consequential Provisions) Act 2000 of Western Australia; (ia) confiscable property declaration under subsection 28(1) of the Criminal Property Confiscation Act 2000 of Western Australia; (k) forfeiture order under subsection 54(1), 59(2) or 67(2) of the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory; (l) crime‑used property substitution declaration under subsection 81(2) of the Criminal Property Forfeiture Act of the Northern Territory; (m) declaration that property specified in an application that is not owned by the respondent is available for forfeiture under subsection 92(1) of the Criminal Property Forfeiture Act of the Northern Territory; (n) declaration that property has been forfeited under subsection 94(4) of the Criminal Property Forfeiture Act of the Northern Territory; (o) order that property is forfeit to the Territory under subsection 96(1) or section 97, 99, 100 or 101 of the Criminal Property Forfeiture Act of the Northern Territory.
For the definition of interstate pecuniary penalty order in section 338 of the Act, each of the following kinds of order is declared to be within that definition: (ab) proceeds assessment order or unexplained wealth order under subsection 31B(4) of the Criminal Assets Recovery Act 1990 of New South Wales; (b) pecuniary penalty order under subsection 24(1) of the Confiscation of Proceeds of Crime Act 1989 of New South Wales and drug proceeds order under subsection 29(1) of that Act; (f) pecuniary penalty order under paragraph 9(4)(b) of the Criminal Assets Confiscation Act 1996 of South Australia (that is continued in force under item 11 of Schedule 1 of the Criminal Assets Confiscation Act 2005 of South Australia); (ha) criminal benefits declaration under subsection 17(1) of the Criminal Property Confiscation Act 2000 of Western Australia; (i) crime‑used property substitution declaration under section 22 of the Criminal Property Confiscation Act 2000 of Western Australia; (j) pecuniary penalty order under subsection 15(1) of the Crimes (Confiscation of Profits) Act 1988 of Western Australia that is continued in effect under subsection 7(1) of the Criminal Property Confiscation (Consequential Provisions) Act 2000 of Western Australia; (l) penalty order under subsection 84(1) or 85(1) of the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory; (m) unexplained wealth declaration under subsection 71(1) of the Criminal Property Forfeiture Act of the Northern Territory; (n) criminal benefit declaration under subsection 75(1) or 76(1) of the Criminal Property Forfeiture Act of the Northern Territory; (o) crime‑used property substitution declaration under subsection 81(2) of the Criminal Property Forfeiture Act of the Northern Territory
For the definition of interstate restraining order in section 338 of the Act, each of the following kinds of order is declared to be within that definition: (aa) order pending forfeiture under subsection 22(2) of the Confiscation of Proceeds of Crime Act 1989 of New South Wales; (ab) confirmation of a freezing notice under subsection 42L(1) of the Confiscation of Proceeds of Crime Act 1989 of New South Wales; (f) restraining order under section 15 of the Criminal Assets Confiscation Act 1996 of South Australia (that is continued in force under item 11 of Schedule 1 of the Criminal Assets Confiscation Act 2005 of South Australia); (i) restraining order made under subsection 20(7) of the Crimes (Confiscation of Profits) Act 1988 of Western Australia that is continued in effect under subsection 7(1) of the Criminal Property Confiscation (Consequential Provisions) Act 2000 of Western Australia; (k) restraining order under subsection 30(2) or 31(2) of the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory; (l) restraining order under subsection 43(1) or (2) or 44(1) of the Criminal Property Forfeiture Act of the Northern Territory.
For paragraph (b) of the definition of narcotic substance in section 338 of the Act, the following substances are specified: (a) a substance that is a narcotic drug within the meaning given by section 3 of the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990; (b) a substance that is a psychotropic substance within the meaning given by section 3 of the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990;
Note: In addition to the substances specified in regulation 8, a substance that is a narcotic substance within the meaning of the Customs Act 1901 is a narcotic substance for the purposes of the Proceeds of Crime Act 2002—see paragraph (a) of the definition of narcotic substance in section 338 of the Act and regulation 3 and the Schedule to the Customs (Narcotic Substances) Regulations.
For paragraph (h) of the definition of serious offence in section 338 of the Act, the following indictable offences are specified: (v) section 73.9 (providing or possessing a travel or identity document issued or altered dishonestly or as a result of threats); (vi) section 73.10 (providing or possessing a travel or identity document to be used by a person who is not the rightful user); (xvia) section 272.10 (aggravated offence—child with mental impairment or under care, supervision or authority of defendant); (xviii) section 272.12 (sexual intercourse with young person outside Australia—defendant in position of trust or authority); (xix) section 272.13 (sexual activity (other than sexual intercourse) with young person outside Australia—defendant in position of trust or authority); (xxv) section 273.5 (possessing, controlling, producing, distributing or obtaining child pornography material outside Australia); (xxvi) section 273.6 (possessing, controlling, producing, distributing or obtaining child abuse material outside Australia); (xxxii) section 471.17 (possessing, controlling, producing, supplying or obtaining child pornography material for use through a postal or similar service); (xxxiv) section 471.20 (possessing, controlling, producing, supplying or obtaining child abuse material for use through a postal or similar service); (xl) section 474.20 (possessing, controlling, producing, supplying or obtaining child pornography material for use through a carriage service); (xlii) section 474.23 (possessing, controlling, producing, supplying or obtaining child abuse material for use through a carriage service); (xliva) section 474.25B (aggravated offence—child with mental impairment or under care, supervision or authority of defendant); (xiii) subsection 132AR(1) (distributing, importing or communicating copies after removal or alteration of electronic rights management information);
The responsible authority may represent the Commonwealth in proceedings relating to an application for an order under section 102 or 103 of the Act.
(1) An applicant for an order under section 102 or 103 of the Act must give written notice to the responsible authority of both the application and the grounds on which the order is sought. (2) The responsible authority must give the applicant notice of any grounds on which it proposes to contest the application.
(2) For subsection 144(2) of the Act, the certificate may be registered in a court having jurisdiction with respect to the recovery of debts of an amount equal to the amount of the pecuniary penalty order, by filing it in that court.
(2) For subsection 171(2) of the Act, the certificate may be registered in a court having jurisdiction with respect to the recovery of debts of an amount equal to the amount of the literary proceeds order, by filing it in that court.
(a) an office held by a person who is a presidential member of the Administrative Appeals Tribunal established under the Administrative Appeals Tribunal Act 1975;
(b) an office held by a person who is a non‑presidential member of that Tribunal who is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or Territory, and has been enrolled for at least 5 years.
(a) persons who have held the office of judge in the Supreme Court, District Court or County Court of a State or Territory and have stated, in writing, willingness to be an approved examiner;
(1) For the definition of unexplained wealth legislation in section 338 of the Act, the unexplained wealth legislation of New South Wales is Division 2 of Part 3 of the Criminal Assets Recovery Act 1990 of New South Wales, and the other provisions of that Act that relate to that Division.
Note: Section 6 of that Act (which defines serious crime related activity) is an example of a provision that relates to Division 2 of Part 3 of that Act because Division 2 refers to that term.
(2) For the definition of unexplained wealth legislation in section 338 of the Act, the unexplained wealth legislation of the Northern Territory is Division 1 of Part 6 of the Criminal Property Forfeiture Act of the Northern Territory, and the other provisions of that Act that relate to that Division.
Note: Section 100 of that Act (which allows a court to order that restrained property is forfeit to the Northern Territory if an unexplained wealth declaration has been made against a person who owns or effectively controls the property) is an example of a provision that relates to Division 1 of Part 6 of that Act because it relates to unexplained wealth declarations (which are made under that Division).
For paragraph 288(1)(a) of the Act, there is payable to the Official Trustee an amount equal to the amount of costs, charges and expenses incurred in connection with the Official Trustee’s exercise of powers and performance of functions or duties under the Act or under Part VI of the Mutual Assistance Act.
For paragraph 288(1)(b) of the Act, the amount of remuneration payable to the Official Trustee in respect of the Official Trustee’s exercise of powers and performance of functions or duties is $62.50 for each period of 15 minutes, or part of 15 minutes.
(1) For subsection 296(2) of the Act, the following amounts credited to the Confiscated Assets Account are to be identified as distributable funds: (a) amounts mentioned in paragraph 296(1)(b) of the Act, other than amounts to be paid under an interstate forfeiture order or interstate pecuniary penalty order; (2) For subsection 296(2) of the Act, the following amounts credited to the Confiscated Assets Account are to be identified as suspended funds: (a) amounts mentioned in paragraph 296(1)(b) of the Act that are to be paid under an interstate forfeiture order or interstate pecuniary penalty order;
(3) For paragraph 297(f) of the Act, the annual management fee of $272 500 is specified for the 2016 calendar year and each later calendar year. (4) The fee specified in subregulation (3) is payable within 28 days after 27 December in the year to which the fee relates. (5) A fee mentioned in this regulation is the price of the taxable supply within the meaning of the A New Tax System (Goods and Services Tax) Act 1999.
(2) As soon as practicable after narcotic‑related goods (other than narcotic goods) are condemned or are taken to be condemned, an AFP member must give notice in writing to the Official Trustee if the member considers that the condemned goods are property in respect of which a claim may be made under the equitable sharing program.
property means money, proceeds or an amount, as the case requires, mentioned in paragraph 296(3)(a), (c), (e), (f), (g), (n), (o) or (p) of the Act.
the responsible authority must give notice in writing to the Official Trustee if the responsible authority considers that the property is property in respect of which a claim may be made under the equitable sharing program. (b) considers that a claim may be made under the equitable sharing program in respect of any amount that is, or may be, paid into the Confiscated Assets Account as a result of the order; the responsible authority must, as soon as practicable after making the application, give notice in writing to the Official Trustee accordingly.
(1) Subject to subregulation (2), for paragraph (e) of the definition of authorised officer in section 338 of the Act, a person engaged under the Public Service Act 1999 who is performing duties in the Australian Taxation Office and who is authorised by the Commissioner of Taxation for the purposes of that paragraph is specified for the purposes of the Act. (3) To avoid doubt, subregulation (1) applies to the use of the term ‘authorised officer’ in the definition of person assisting in section 338 of the Act.
For the definition of corresponding law in section 338 of the Act, each of the following laws is declared to be a law that corresponds to the Act:
(1) Subject to subregulation (2), for paragraph (b) of the definition of enforcement agency in section 338 of the Act, the Australian Taxation Office is specified as a revenue agency for the purposes of the Act.
For the definition of interstate forfeiture order in section 338 of the Act, each of the following kinds of order is declared to be within that definition: (aa) order, under subsection 29(1) of the Criminal Assets Recovery Act 1990 of New South Wales, declaring that an interest in property is available to satisfy a proceeds assessment order or unexplained wealth order; (ba) order, under subsection 32(2) of the Confiscation of Proceeds of Crime Act 1989 of New South Wales, declaring that specified property is available to satisfy a drug proceeds order; (c) forfeiture order under Division 1 of Part 3, and civil forfeiture order under Part 4, of the Confiscation Act 1997 of Victoria; (db) declaration, under subsection 36(1) of the Confiscation Act 1997 of Victoria, that property has been forfeited under section 35 of that Act; (dd) declaration, under subsection 36GB(1) of the Confiscation Act 1997 (Vic.), that property has been forfeited under section 36GA of that Act; (de) declaration, under subsection 40ZB(3) of the Confiscation Act 1997 (Vic.), that property has been forfeited under section 40ZA of that Act; (eaa) serious drug offender confiscation order under section 93ZZB of the Criminal Proceeds Confiscation Act 2002 of Queensland; (ea) tainted property substitution declaration under subsection 153D(1) of the Criminal Proceeds Confiscation Act 2002 of Queensland; (f) forfeiture order made under section 8 or 9 of the Criminal Assets Confiscation Act 1996 of South Australia (that is continued in force under item 11 of Schedule 1 of the Criminal Assets Confiscation Act 2005 of South Australia); (fb) instrument substitution declaration under section 48 of the Criminal Assets Confiscation Act 2005 of South Australia; (fc) declaration that particular property has been forfeited under section 77 of the Criminal Assets Confiscation Act 2005 of South Australia; (g) crime‑used property substitution declaration under section 22 of the Criminal Property Confiscation Act 2000 of Western Australia; (i) forfeiture order under subsection 10(1) of the Crimes (Confiscation of Profits) Act 1988 of Western Australia that is continued in effect under subsection 7(1) of the Criminal Property Confiscation (Consequential Provisions) Act 2000 of Western Australia; (ia) confiscable property declaration under subsection 28(1) of the Criminal Property Confiscation Act 2000 of Western Australia; (k) forfeiture order under subsection 54(1), 59(2) or 67(2) of the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory; (l) crime‑used property substitution declaration under subsection 81(2) of the Criminal Property Forfeiture Act of the Northern Territory; (m) declaration that property specified in an application that is not owned by the respondent is available for forfeiture under subsection 92(1) of the Criminal Property Forfeiture Act of the Northern Territory; (n) declaration that property has been forfeited under subsection 94(4) of the Criminal Property Forfeiture Act of the Northern Territory; (o) order that property is forfeit to the Territory under subsection 96(1) or section 97, 99, 100 or 101 of the Criminal Property Forfeiture Act of the Northern Territory.
For the definition of interstate pecuniary penalty order in section 338 of the Act, each of the following kinds of order is declared to be within that definition: (ab) proceeds assessment order or unexplained wealth order under subsection 31B(4) of the Criminal Assets Recovery Act 1990 of New South Wales; (b) pecuniary penalty order under subsection 24(1) of the Confiscation of Proceeds of Crime Act 1989 of New South Wales and drug proceeds order under subsection 29(1) of that Act; (f) pecuniary penalty order under paragraph 9(4)(b) of the Criminal Assets Confiscation Act 1996 of South Australia (that is continued in force under item 11 of Schedule 1 of the Criminal Assets Confiscation Act 2005 of South Australia); (ha) criminal benefits declaration under subsection 17(1) of the Criminal Property Confiscation Act 2000 of Western Australia; (i) crime‑used property substitution declaration under section 22 of the Criminal Property Confiscation Act 2000 of Western Australia; (j) pecuniary penalty order under subsection 15(1) of the Crimes (Confiscation of Profits) Act 1988 of Western Australia that is continued in effect under subsection 7(1) of the Criminal Property Confiscation (Consequential Provisions) Act 2000 of Western Australia; (l) penalty order under subsection 84(1) or 85(1) of the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory; (m) unexplained wealth declaration under subsection 71(1) of the Criminal Property Forfeiture Act of the Northern Territory; (n) criminal benefit declaration under subsection 75(1) or 76(1) of the Criminal Property Forfeiture Act of the Northern Territory; (o) crime‑used property substitution declaration under subsection 81(2) of the Criminal Property Forfeiture Act of the Northern Territory
For the definition of interstate restraining order in section 338 of the Act, each of the following kinds of order is declared to be within that definition: (aa) order pending forfeiture under subsection 22(2) of the Confiscation of Proceeds of Crime Act 1989 of New South Wales; (ab) confirmation of a freezing notice under subsection 42L(1) of the Confiscation of Proceeds of Crime Act 1989 of New South Wales; (f) restraining order under section 15 of the Criminal Assets Confiscation Act 1996 of South Australia (that is continued in force under item 11 of Schedule 1 of the Criminal Assets Confiscation Act 2005 of South Australia); (i) restraining order made under subsection 20(7) of the Crimes (Confiscation of Profits) Act 1988 of Western Australia that is continued in effect under subsection 7(1) of the Criminal Property Confiscation (Consequential Provisions) Act 2000 of Western Australia; (k) restraining order under subsection 30(2) or 31(2) of the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory; (l) restraining order under subsection 43(1) or (2) or 44(1) of the Criminal Property Forfeiture Act of the Northern Territory.
For paragraph (b) of the definition of narcotic substance in section 338 of the Act, the following substances are specified: (a) a substance that is a narcotic drug within the meaning given by section 3 of the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990; (b) a substance that is a psychotropic substance within the meaning given by section 3 of the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990;
Note: In addition to the substances specified in regulation 8, a substance that is a narcotic substance within the meaning of the Customs Act 1901 is a narcotic substance for the purposes of the Proceeds of Crime Act 2002—see paragraph (a) of the definition of narcotic substance in section 338 of the Act and regulation 3 and the Schedule to the Customs (Narcotic Substances) Regulations.
For paragraph (h) of the definition of serious offence in section 338 of the Act, the following indictable offences are specified: (v) section 73.9 (providing or possessing a travel or identity document issued or altered dishonestly or as a result of threats); (vi) section 73.10 (providing or possessing a travel or identity document to be used by a person who is not the rightful user); (xvia) section 272.10 (aggravated offence—child with mental impairment or under care, supervision or authority of defendant); (xviii) section 272.12 (sexual intercourse with young person outside Australia—defendant in position of trust or authority); (xix) section 272.13 (sexual activity (other than sexual intercourse) with young person outside Australia—defendant in position of trust or authority); (xxv) section 273.5 (possessing, controlling, producing, distributing or obtaining child pornography material outside Australia); (xxvi) section 273.6 (possessing, controlling, producing, distributing or obtaining child abuse material outside Australia); (xxxii) section 471.17 (possessing, controlling, producing, supplying or obtaining child pornography material for use through a postal or similar service); (xxxiv) section 471.20 (possessing, controlling, producing, supplying or obtaining child abuse material for use through a postal or similar service); (xl) section 474.20 (possessing, controlling, producing, supplying or obtaining child pornography material for use through a carriage service); (xlii) section 474.23 (possessing, controlling, producing, supplying or obtaining child abuse material for use through a carriage service); (xliva) section 474.25B (aggravated offence—child with mental impairment or under care, supervision or authority of defendant); (xiii) subsection 132AR(1) (distributing, importing or communicating copies after removal or alteration of electronic rights management information);
The responsible authority may represent the Commonwealth in proceedings relating to an application for an order under section 102 or 103 of the Act.
(1) An applicant for an order under section 102 or 103 of the Act must give written notice to the responsible authority of both the application and the grounds on which the order is sought. (2) The responsible authority must give the applicant notice of any grounds on which it proposes to contest the application.
(2) For subsection 144(2) of the Act, the certificate may be registered in a court having jurisdiction with respect to the recovery of debts of an amount equal to the amount of the pecuniary penalty order, by filing it in that court.
(2) For subsection 171(2) of the Act, the certificate may be registered in a court having jurisdiction with respect to the recovery of debts of an amount equal to the amount of the literary proceeds order, by filing it in that court.
(a) an office held by a person who is a presidential member of the Administrative Appeals Tribunal established under the Administrative Appeals Tribunal Act 1975;
(b) an office held by a person who is a non‑presidential member of that Tribunal who is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or Territory, and has been enrolled for at least 5 years.
(a) persons who have held the office of judge in the Supreme Court, District Court or County Court of a State or Territory and have stated, in writing, willingness to be an approved examiner;
(1) For the definition of unexplained wealth legislation in section 338 of the Act, the unexplained wealth legislation of New South Wales is Division 2 of Part 3 of the Criminal Assets Recovery Act 1990 of New South Wales, and the other provisions of that Act that relate to that Division.
Note: Section 6 of that Act (which defines serious crime related activity) is an example of a provision that relates to Division 2 of Part 3 of that Act because Division 2 refers to that term.
(2) For the definition of unexplained wealth legislation in section 338 of the Act, the unexplained wealth legislation of the Northern Territory is Division 1 of Part 6 of the Criminal Property Forfeiture Act of the Northern Territory, and the other provisions of that Act that relate to that Division.
Note: Section 100 of that Act (which allows a court to order that restrained property is forfeit to the Northern Territory if an unexplained wealth declaration has been made against a person who owns or effectively controls the property) is an example of a provision that relates to Division 1 of Part 6 of that Act because it relates to unexplained wealth declarations (which are made under that Division).
For paragraph 288(1)(a) of the Act, there is payable to the Official Trustee an amount equal to the amount of costs, charges and expenses incurred in connection with the Official Trustee’s exercise of powers and performance of functions or duties under the Act or under Part VI of the Mutual Assistance Act.
For paragraph 288(1)(b) of the Act, the amount of remuneration payable to the Official Trustee in respect of the Official Trustee’s exercise of powers and performance of functions or duties is $62.50 for each period of 15 minutes, or part of 15 minutes.
(1) For subsection 296(2) of the Act, the following amounts credited to the Confiscated Assets Account are to be identified as distributable funds: (a) amounts mentioned in paragraph 296(1)(b) of the Act, other than amounts to be paid under an interstate forfeiture order or interstate pecuniary penalty order; (2) For subsection 296(2) of the Act, the following amounts credited to the Confiscated Assets Account are to be identified as suspended funds: (a) amounts mentioned in paragraph 296(1)(b) of the Act that are to be paid under an interstate forfeiture order or interstate pecuniary penalty order;
(3) For paragraph 297(f) of the Act, the annual management fee of $272 500 is specified for the 2016 calendar year and each later calendar year. (4) The fee specified in subregulation (3) is payable within 28 days after 27 December in the year to which the fee relates. (5) A fee mentioned in this regulation is the price of the taxable supply within the meaning of the A New Tax System (Goods and Services Tax) Act 1999.
(2) As soon as practicable after narcotic‑related goods (other than narcotic goods) are condemned or are taken to be condemned, an AFP member must give notice in writing to the Official Trustee if the member considers that the condemned goods are property in respect of which a claim may be made under the equitable sharing program.
property means money, proceeds or an amount, as the case requires, mentioned in paragraph 296(3)(a), (c), (e), (f), (g), (n), (o) or (p) of the Act.
the responsible authority must give notice in writing to the Official Trustee if the responsible authority considers that the property is property in respect of which a claim may be made under the equitable sharing program. (b) considers that a claim may be made under the equitable sharing program in respect of any amount that is, or may be, paid into the Confiscated Assets Account as a result of the order; the responsible authority must, as soon as practicable after making the application, give notice in writing to the Official Trustee accordingly.
The responsible authority may represent the Commonwealth in proceedings relating to an application for an order under section 102 or 103 of the Act.
(1) An applicant for an order under section 102 or 103 of the Act must give written notice to the responsible authority of both the application and the grounds on which the order is sought. (2) The responsible authority must give the applicant notice of any grounds on which it proposes to contest the application.
(1) Subject to subregulation (2), for paragraph (e) of the definition of authorised officer in section 338 of the Act, a person engaged under the Public Service Act 1999 who is performing duties in the Australian Taxation Office and who is authorised by the Commissioner of Taxation for the purposes of that paragraph is specified for the purposes of the Act. (3) To avoid doubt, subregulation (1) applies to the use of the term ‘authorised officer’ in the definition of person assisting in section 338 of the Act.
For the definition of corresponding law in section 338 of the Act, each of the following laws is declared to be a law that corresponds to the Act:
(1) Subject to subregulation (2), for paragraph (b) of the definition of enforcement agency in section 338 of the Act, the Australian Taxation Office is specified as a revenue agency for the purposes of the Act.
For the definition of interstate forfeiture order in section 338 of the Act, each of the following kinds of order is declared to be within that definition: (aa) order, under subsection 29(1) of the Criminal Assets Recovery Act 1990 of New South Wales, declaring that an interest in property is available to satisfy a proceeds assessment order or unexplained wealth order; (ba) order, under subsection 32(2) of the Confiscation of Proceeds of Crime Act 1989 of New South Wales, declaring that specified property is available to satisfy a drug proceeds order; (c) forfeiture order under Division 1 of Part 3, and civil forfeiture order under Part 4, of the Confiscation Act 1997 of Victoria; (db) declaration, under subsection 36(1) of the Confiscation Act 1997 of Victoria, that property has been forfeited under section 35 of that Act; (dd) declaration, under subsection 36GB(1) of the Confiscation Act 1997 (Vic.), that property has been forfeited under section 36GA of that Act; (de) declaration, under subsection 40ZB(3) of the Confiscation Act 1997 (Vic.), that property has been forfeited under section 40ZA of that Act; (eaa) serious drug offender confiscation order under section 93ZZB of the Criminal Proceeds Confiscation Act 2002 of Queensland; (ea) tainted property substitution declaration under subsection 153D(1) of the Criminal Proceeds Confiscation Act 2002 of Queensland; (f) forfeiture order made under section 8 or 9 of the Criminal Assets Confiscation Act 1996 of South Australia (that is continued in force under item 11 of Schedule 1 of the Criminal Assets Confiscation Act 2005 of South Australia); (fb) instrument substitution declaration under section 48 of the Criminal Assets Confiscation Act 2005 of South Australia; (fc) declaration that particular property has been forfeited under section 77 of the Criminal Assets Confiscation Act 2005 of South Australia; (g) crime‑used property substitution declaration under section 22 of the Criminal Property Confiscation Act 2000 of Western Australia; (i) forfeiture order under subsection 10(1) of the Crimes (Confiscation of Profits) Act 1988 of Western Australia that is continued in effect under subsection 7(1) of the Criminal Property Confiscation (Consequential Provisions) Act 2000 of Western Australia; (ia) confiscable property declaration under subsection 28(1) of the Criminal Property Confiscation Act 2000 of Western Australia; (k) forfeiture order under subsection 54(1), 59(2) or 67(2) of the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory; (l) crime‑used property substitution declaration under subsection 81(2) of the Criminal Property Forfeiture Act of the Northern Territory; (m) declaration that property specified in an application that is not owned by the respondent is available for forfeiture under subsection 92(1) of the Criminal Property Forfeiture Act of the Northern Territory; (n) declaration that property has been forfeited under subsection 94(4) of the Criminal Property Forfeiture Act of the Northern Territory; (o) order that property is forfeit to the Territory under subsection 96(1) or section 97, 99, 100 or 101 of the Criminal Property Forfeiture Act of the Northern Territory.
For the definition of interstate pecuniary penalty order in section 338 of the Act, each of the following kinds of order is declared to be within that definition: (ab) proceeds assessment order or unexplained wealth order under subsection 31B(4) of the Criminal Assets Recovery Act 1990 of New South Wales; (b) pecuniary penalty order under subsection 24(1) of the Confiscation of Proceeds of Crime Act 1989 of New South Wales and drug proceeds order under subsection 29(1) of that Act; (f) pecuniary penalty order under paragraph 9(4)(b) of the Criminal Assets Confiscation Act 1996 of South Australia (that is continued in force under item 11 of Schedule 1 of the Criminal Assets Confiscation Act 2005 of South Australia); (ha) criminal benefits declaration under subsection 17(1) of the Criminal Property Confiscation Act 2000 of Western Australia; (i) crime‑used property substitution declaration under section 22 of the Criminal Property Confiscation Act 2000 of Western Australia; (j) pecuniary penalty order under subsection 15(1) of the Crimes (Confiscation of Profits) Act 1988 of Western Australia that is continued in effect under subsection 7(1) of the Criminal Property Confiscation (Consequential Provisions) Act 2000 of Western Australia; (l) penalty order under subsection 84(1) or 85(1) of the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory; (m) unexplained wealth declaration under subsection 71(1) of the Criminal Property Forfeiture Act of the Northern Territory; (n) criminal benefit declaration under subsection 75(1) or 76(1) of the Criminal Property Forfeiture Act of the Northern Territory; (o) crime‑used property substitution declaration under subsection 81(2) of the Criminal Property Forfeiture Act of the Northern Territory
For the definition of interstate restraining order in section 338 of the Act, each of the following kinds of order is declared to be within that definition: (aa) order pending forfeiture under subsection 22(2) of the Confiscation of Proceeds of Crime Act 1989 of New South Wales; (ab) confirmation of a freezing notice under subsection 42L(1) of the Confiscation of Proceeds of Crime Act 1989 of New South Wales; (f) restraining order under section 15 of the Criminal Assets Confiscation Act 1996 of South Australia (that is continued in force under item 11 of Schedule 1 of the Criminal Assets Confiscation Act 2005 of South Australia); (i) restraining order made under subsection 20(7) of the Crimes (Confiscation of Profits) Act 1988 of Western Australia that is continued in effect under subsection 7(1) of the Criminal Property Confiscation (Consequential Provisions) Act 2000 of Western Australia; (k) restraining order under subsection 30(2) or 31(2) of the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory; (l) restraining order under subsection 43(1) or (2) or 44(1) of the Criminal Property Forfeiture Act of the Northern Territory.
For paragraph (b) of the definition of narcotic substance in section 338 of the Act, the following substances are specified: (a) a substance that is a narcotic drug within the meaning given by section 3 of the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990; (b) a substance that is a psychotropic substance within the meaning given by section 3 of the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990;
Note: In addition to the substances specified in regulation 8, a substance that is a narcotic substance within the meaning of the Customs Act 1901 is a narcotic substance for the purposes of the Proceeds of Crime Act 2002—see paragraph (a) of the definition of narcotic substance in section 338 of the Act and regulation 3 and the Schedule to the Customs (Narcotic Substances) Regulations.
For paragraph (h) of the definition of serious offence in section 338 of the Act, the following indictable offences are specified: (v) section 73.9 (providing or possessing a travel or identity document issued or altered dishonestly or as a result of threats); (vi) section 73.10 (providing or possessing a travel or identity document to be used by a person who is not the rightful user); (xvia) section 272.10 (aggravated offence—child with mental impairment or under care, supervision or authority of defendant); (xviii) section 272.12 (sexual intercourse with young person outside Australia—defendant in position of trust or authority); (xix) section 272.13 (sexual activity (other than sexual intercourse) with young person outside Australia—defendant in position of trust or authority); (xxv) section 273.5 (possessing, controlling, producing, distributing or obtaining child pornography material outside Australia); (xxvi) section 273.6 (possessing, controlling, producing, distributing or obtaining child abuse material outside Australia); (xxxii) section 471.17 (possessing, controlling, producing, supplying or obtaining child pornography material for use through a postal or similar service); (xxxiv) section 471.20 (possessing, controlling, producing, supplying or obtaining child abuse material for use through a postal or similar service); (xl) section 474.20 (possessing, controlling, producing, supplying or obtaining child pornography material for use through a carriage service); (xlii) section 474.23 (possessing, controlling, producing, supplying or obtaining child abuse material for use through a carriage service); (xliva) section 474.25B (aggravated offence—child with mental impairment or under care, supervision or authority of defendant); (xiii) subsection 132AR(1) (distributing, importing or communicating copies after removal or alteration of electronic rights management information);
The responsible authority may represent the Commonwealth in proceedings relating to an application for an order under section 102 or 103 of the Act.
(1) An applicant for an order under section 102 or 103 of the Act must give written notice to the responsible authority of both the application and the grounds on which the order is sought. (2) The responsible authority must give the applicant notice of any grounds on which it proposes to contest the application.
(2) For subsection 144(2) of the Act, the certificate may be registered in a court having jurisdiction with respect to the recovery of debts of an amount equal to the amount of the pecuniary penalty order, by filing it in that court.
(2) For subsection 171(2) of the Act, the certificate may be registered in a court having jurisdiction with respect to the recovery of debts of an amount equal to the amount of the literary proceeds order, by filing it in that court.
(a) an office held by a person who is a presidential member of the Administrative Appeals Tribunal established under the Administrative Appeals Tribunal Act 1975;
(b) an office held by a person who is a non‑presidential member of that Tribunal who is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or Territory, and has been enrolled for at least 5 years.
(a) persons who have held the office of judge in the Supreme Court, District Court or County Court of a State or Territory and have stated, in writing, willingness to be an approved examiner;
(1) For the definition of unexplained wealth legislation in section 338 of the Act, the unexplained wealth legislation of New South Wales is Division 2 of Part 3 of the Criminal Assets Recovery Act 1990 of New South Wales, and the other provisions of that Act that relate to that Division.
Note: Section 6 of that Act (which defines serious crime related activity) is an example of a provision that relates to Division 2 of Part 3 of that Act because Division 2 refers to that term.
(2) For the definition of unexplained wealth legislation in section 338 of the Act, the unexplained wealth legislation of the Northern Territory is Division 1 of Part 6 of the Criminal Property Forfeiture Act of the Northern Territory, and the other provisions of that Act that relate to that Division.
Note: Section 100 of that Act (which allows a court to order that restrained property is forfeit to the Northern Territory if an unexplained wealth declaration has been made against a person who owns or effectively controls the property) is an example of a provision that relates to Division 1 of Part 6 of that Act because it relates to unexplained wealth declarations (which are made under that Division).
For paragraph 288(1)(a) of the Act, there is payable to the Official Trustee an amount equal to the amount of costs, charges and expenses incurred in connection with the Official Trustee’s exercise of powers and performance of functions or duties under the Act or under Part VI of the Mutual Assistance Act.
For paragraph 288(1)(b) of the Act, the amount of remuneration payable to the Official Trustee in respect of the Official Trustee’s exercise of powers and performance of functions or duties is $62.50 for each period of 15 minutes, or part of 15 minutes.
(1) For subsection 296(2) of the Act, the following amounts credited to the Confiscated Assets Account are to be identified as distributable funds: (a) amounts mentioned in paragraph 296(1)(b) of the Act, other than amounts to be paid under an interstate forfeiture order or interstate pecuniary penalty order; (2) For subsection 296(2) of the Act, the following amounts credited to the Confiscated Assets Account are to be identified as suspended funds: (a) amounts mentioned in paragraph 296(1)(b) of the Act that are to be paid under an interstate forfeiture order or interstate pecuniary penalty order;
(3) For paragraph 297(f) of the Act, the annual management fee of $272 500 is specified for the 2016 calendar year and each later calendar year. (4) The fee specified in subregulation (3) is payable within 28 days after 27 December in the year to which the fee relates. (5) A fee mentioned in this regulation is the price of the taxable supply within the meaning of the A New Tax System (Goods and Services Tax) Act 1999.
(2) As soon as practicable after narcotic‑related goods (other than narcotic goods) are condemned or are taken to be condemned, an AFP member must give notice in writing to the Official Trustee if the member considers that the condemned goods are property in respect of which a claim may be made under the equitable sharing program.
property means money, proceeds or an amount, as the case requires, mentioned in paragraph 296(3)(a), (c), (e), (f), (g), (n), (o) or (p) of the Act.
the responsible authority must give notice in writing to the Official Trustee if the responsible authority considers that the property is property in respect of which a claim may be made under the equitable sharing program. (b) considers that a claim may be made under the equitable sharing program in respect of any amount that is, or may be, paid into the Confiscated Assets Account as a result of the order; the responsible authority must, as soon as practicable after making the application, give notice in writing to the Official Trustee accordingly.
(2) For subsection 144(2) of the Act, the certificate may be registered in a court having jurisdiction with respect to the recovery of debts of an amount equal to the amount of the pecuniary penalty order, by filing it in that court.
(1) Subject to subregulation (2), for paragraph (e) of the definition of authorised officer in section 338 of the Act, a person engaged under the Public Service Act 1999 who is performing duties in the Australian Taxation Office and who is authorised by the Commissioner of Taxation for the purposes of that paragraph is specified for the purposes of the Act. (3) To avoid doubt, subregulation (1) applies to the use of the term ‘authorised officer’ in the definition of person assisting in section 338 of the Act.
For the definition of corresponding law in section 338 of the Act, each of the following laws is declared to be a law that corresponds to the Act:
(1) Subject to subregulation (2), for paragraph (b) of the definition of enforcement agency in section 338 of the Act, the Australian Taxation Office is specified as a revenue agency for the purposes of the Act.
For the definition of interstate forfeiture order in section 338 of the Act, each of the following kinds of order is declared to be within that definition: (aa) order, under subsection 29(1) of the Criminal Assets Recovery Act 1990 of New South Wales, declaring that an interest in property is available to satisfy a proceeds assessment order or unexplained wealth order; (ba) order, under subsection 32(2) of the Confiscation of Proceeds of Crime Act 1989 of New South Wales, declaring that specified property is available to satisfy a drug proceeds order; (c) forfeiture order under Division 1 of Part 3, and civil forfeiture order under Part 4, of the Confiscation Act 1997 of Victoria; (db) declaration, under subsection 36(1) of the Confiscation Act 1997 of Victoria, that property has been forfeited under section 35 of that Act; (dd) declaration, under subsection 36GB(1) of the Confiscation Act 1997 (Vic.), that property has been forfeited under section 36GA of that Act; (de) declaration, under subsection 40ZB(3) of the Confiscation Act 1997 (Vic.), that property has been forfeited under section 40ZA of that Act; (eaa) serious drug offender confiscation order under section 93ZZB of the Criminal Proceeds Confiscation Act 2002 of Queensland; (ea) tainted property substitution declaration under subsection 153D(1) of the Criminal Proceeds Confiscation Act 2002 of Queensland; (f) forfeiture order made under section 8 or 9 of the Criminal Assets Confiscation Act 1996 of South Australia (that is continued in force under item 11 of Schedule 1 of the Criminal Assets Confiscation Act 2005 of South Australia); (fb) instrument substitution declaration under section 48 of the Criminal Assets Confiscation Act 2005 of South Australia; (fc) declaration that particular property has been forfeited under section 77 of the Criminal Assets Confiscation Act 2005 of South Australia; (g) crime‑used property substitution declaration under section 22 of the Criminal Property Confiscation Act 2000 of Western Australia; (i) forfeiture order under subsection 10(1) of the Crimes (Confiscation of Profits) Act 1988 of Western Australia that is continued in effect under subsection 7(1) of the Criminal Property Confiscation (Consequential Provisions) Act 2000 of Western Australia; (ia) confiscable property declaration under subsection 28(1) of the Criminal Property Confiscation Act 2000 of Western Australia; (k) forfeiture order under subsection 54(1), 59(2) or 67(2) of the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory; (l) crime‑used property substitution declaration under subsection 81(2) of the Criminal Property Forfeiture Act of the Northern Territory; (m) declaration that property specified in an application that is not owned by the respondent is available for forfeiture under subsection 92(1) of the Criminal Property Forfeiture Act of the Northern Territory; (n) declaration that property has been forfeited under subsection 94(4) of the Criminal Property Forfeiture Act of the Northern Territory; (o) order that property is forfeit to the Territory under subsection 96(1) or section 97, 99, 100 or 101 of the Criminal Property Forfeiture Act of the Northern Territory.
For the definition of interstate pecuniary penalty order in section 338 of the Act, each of the following kinds of order is declared to be within that definition: (ab) proceeds assessment order or unexplained wealth order under subsection 31B(4) of the Criminal Assets Recovery Act 1990 of New South Wales; (b) pecuniary penalty order under subsection 24(1) of the Confiscation of Proceeds of Crime Act 1989 of New South Wales and drug proceeds order under subsection 29(1) of that Act; (f) pecuniary penalty order under paragraph 9(4)(b) of the Criminal Assets Confiscation Act 1996 of South Australia (that is continued in force under item 11 of Schedule 1 of the Criminal Assets Confiscation Act 2005 of South Australia); (ha) criminal benefits declaration under subsection 17(1) of the Criminal Property Confiscation Act 2000 of Western Australia; (i) crime‑used property substitution declaration under section 22 of the Criminal Property Confiscation Act 2000 of Western Australia; (j) pecuniary penalty order under subsection 15(1) of the Crimes (Confiscation of Profits) Act 1988 of Western Australia that is continued in effect under subsection 7(1) of the Criminal Property Confiscation (Consequential Provisions) Act 2000 of Western Australia; (l) penalty order under subsection 84(1) or 85(1) of the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory; (m) unexplained wealth declaration under subsection 71(1) of the Criminal Property Forfeiture Act of the Northern Territory; (n) criminal benefit declaration under subsection 75(1) or 76(1) of the Criminal Property Forfeiture Act of the Northern Territory; (o) crime‑used property substitution declaration under subsection 81(2) of the Criminal Property Forfeiture Act of the Northern Territory
For the definition of interstate restraining order in section 338 of the Act, each of the following kinds of order is declared to be within that definition: (aa) order pending forfeiture under subsection 22(2) of the Confiscation of Proceeds of Crime Act 1989 of New South Wales; (ab) confirmation of a freezing notice under subsection 42L(1) of the Confiscation of Proceeds of Crime Act 1989 of New South Wales; (f) restraining order under section 15 of the Criminal Assets Confiscation Act 1996 of South Australia (that is continued in force under item 11 of Schedule 1 of the Criminal Assets Confiscation Act 2005 of South Australia); (i) restraining order made under subsection 20(7) of the Crimes (Confiscation of Profits) Act 1988 of Western Australia that is continued in effect under subsection 7(1) of the Criminal Property Confiscation (Consequential Provisions) Act 2000 of Western Australia; (k) restraining order under subsection 30(2) or 31(2) of the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory; (l) restraining order under subsection 43(1) or (2) or 44(1) of the Criminal Property Forfeiture Act of the Northern Territory.
For paragraph (b) of the definition of narcotic substance in section 338 of the Act, the following substances are specified: (a) a substance that is a narcotic drug within the meaning given by section 3 of the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990; (b) a substance that is a psychotropic substance within the meaning given by section 3 of the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990;
Note: In addition to the substances specified in regulation 8, a substance that is a narcotic substance within the meaning of the Customs Act 1901 is a narcotic substance for the purposes of the Proceeds of Crime Act 2002—see paragraph (a) of the definition of narcotic substance in section 338 of the Act and regulation 3 and the Schedule to the Customs (Narcotic Substances) Regulations.
For paragraph (h) of the definition of serious offence in section 338 of the Act, the following indictable offences are specified: (v) section 73.9 (providing or possessing a travel or identity document issued or altered dishonestly or as a result of threats); (vi) section 73.10 (providing or possessing a travel or identity document to be used by a person who is not the rightful user); (xvia) section 272.10 (aggravated offence—child with mental impairment or under care, supervision or authority of defendant); (xviii) section 272.12 (sexual intercourse with young person outside Australia—defendant in position of trust or authority); (xix) section 272.13 (sexual activity (other than sexual intercourse) with young person outside Australia—defendant in position of trust or authority); (xxv) section 273.5 (possessing, controlling, producing, distributing or obtaining child pornography material outside Australia); (xxvi) section 273.6 (possessing, controlling, producing, distributing or obtaining child abuse material outside Australia); (xxxii) section 471.17 (possessing, controlling, producing, supplying or obtaining child pornography material for use through a postal or similar service); (xxxiv) section 471.20 (possessing, controlling, producing, supplying or obtaining child abuse material for use through a postal or similar service); (xl) section 474.20 (possessing, controlling, producing, supplying or obtaining child pornography material for use through a carriage service); (xlii) section 474.23 (possessing, controlling, producing, supplying or obtaining child abuse material for use through a carriage service); (xliva) section 474.25B (aggravated offence—child with mental impairment or under care, supervision or authority of defendant); (xiii) subsection 132AR(1) (distributing, importing or communicating copies after removal or alteration of electronic rights management information);
The responsible authority may represent the Commonwealth in proceedings relating to an application for an order under section 102 or 103 of the Act.
(1) An applicant for an order under section 102 or 103 of the Act must give written notice to the responsible authority of both the application and the grounds on which the order is sought. (2) The responsible authority must give the applicant notice of any grounds on which it proposes to contest the application.
(2) For subsection 144(2) of the Act, the certificate may be registered in a court having jurisdiction with respect to the recovery of debts of an amount equal to the amount of the pecuniary penalty order, by filing it in that court.
(2) For subsection 171(2) of the Act, the certificate may be registered in a court having jurisdiction with respect to the recovery of debts of an amount equal to the amount of the literary proceeds order, by filing it in that court.
(a) an office held by a person who is a presidential member of the Administrative Appeals Tribunal established under the Administrative Appeals Tribunal Act 1975;
(b) an office held by a person who is a non‑presidential member of that Tribunal who is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or Territory, and has been enrolled for at least 5 years.
(a) persons who have held the office of judge in the Supreme Court, District Court or County Court of a State or Territory and have stated, in writing, willingness to be an approved examiner;
(1) For the definition of unexplained wealth legislation in section 338 of the Act, the unexplained wealth legislation of New South Wales is Division 2 of Part 3 of the Criminal Assets Recovery Act 1990 of New South Wales, and the other provisions of that Act that relate to that Division.
Note: Section 6 of that Act (which defines serious crime related activity) is an example of a provision that relates to Division 2 of Part 3 of that Act because Division 2 refers to that term.
(2) For the definition of unexplained wealth legislation in section 338 of the Act, the unexplained wealth legislation of the Northern Territory is Division 1 of Part 6 of the Criminal Property Forfeiture Act of the Northern Territory, and the other provisions of that Act that relate to that Division.
Note: Section 100 of that Act (which allows a court to order that restrained property is forfeit to the Northern Territory if an unexplained wealth declaration has been made against a person who owns or effectively controls the property) is an example of a provision that relates to Division 1 of Part 6 of that Act because it relates to unexplained wealth declarations (which are made under that Division).
For paragraph 288(1)(a) of the Act, there is payable to the Official Trustee an amount equal to the amount of costs, charges and expenses incurred in connection with the Official Trustee’s exercise of powers and performance of functions or duties under the Act or under Part VI of the Mutual Assistance Act.
For paragraph 288(1)(b) of the Act, the amount of remuneration payable to the Official Trustee in respect of the Official Trustee’s exercise of powers and performance of functions or duties is $62.50 for each period of 15 minutes, or part of 15 minutes.
(1) For subsection 296(2) of the Act, the following amounts credited to the Confiscated Assets Account are to be identified as distributable funds: (a) amounts mentioned in paragraph 296(1)(b) of the Act, other than amounts to be paid under an interstate forfeiture order or interstate pecuniary penalty order; (2) For subsection 296(2) of the Act, the following amounts credited to the Confiscated Assets Account are to be identified as suspended funds: (a) amounts mentioned in paragraph 296(1)(b) of the Act that are to be paid under an interstate forfeiture order or interstate pecuniary penalty order;
(3) For paragraph 297(f) of the Act, the annual management fee of $272 500 is specified for the 2016 calendar year and each later calendar year. (4) The fee specified in subregulation (3) is payable within 28 days after 27 December in the year to which the fee relates. (5) A fee mentioned in this regulation is the price of the taxable supply within the meaning of the A New Tax System (Goods and Services Tax) Act 1999.
(2) As soon as practicable after narcotic‑related goods (other than narcotic goods) are condemned or are taken to be condemned, an AFP member must give notice in writing to the Official Trustee if the member considers that the condemned goods are property in respect of which a claim may be made under the equitable sharing program.
property means money, proceeds or an amount, as the case requires, mentioned in paragraph 296(3)(a), (c), (e), (f), (g), (n), (o) or (p) of the Act.
the responsible authority must give notice in writing to the Official Trustee if the responsible authority considers that the property is property in respect of which a claim may be made under the equitable sharing program. (b) considers that a claim may be made under the equitable sharing program in respect of any amount that is, or may be, paid into the Confiscated Assets Account as a result of the order; the responsible authority must, as soon as practicable after making the application, give notice in writing to the Official Trustee accordingly.
(2) For subsection 171(2) of the Act, the certificate may be registered in a court having jurisdiction with respect to the recovery of debts of an amount equal to the amount of the literary proceeds order, by filing it in that court.
(a) an office held by a person who is a presidential member of the Administrative Appeals Tribunal established under the Administrative Appeals Tribunal Act 1975;
(b) an office held by a person who is a non‑presidential member of that Tribunal who is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or Territory, and has been enrolled for at least 5 years.
(a) persons who have held the office of judge in the Supreme Court, District Court or County Court of a State or Territory and have stated, in writing, willingness to be an approved examiner;
(1) For the definition of unexplained wealth legislation in section 338 of the Act, the unexplained wealth legislation of New South Wales is Division 2 of Part 3 of the Criminal Assets Recovery Act 1990 of New South Wales, and the other provisions of that Act that relate to that Division.
Note: Section 6 of that Act (which defines serious crime related activity) is an example of a provision that relates to Division 2 of Part 3 of that Act because Division 2 refers to that term.
(2) For the definition of unexplained wealth legislation in section 338 of the Act, the unexplained wealth legislation of the Northern Territory is Division 1 of Part 6 of the Criminal Property Forfeiture Act of the Northern Territory, and the other provisions of that Act that relate to that Division.
Note: Section 100 of that Act (which allows a court to order that restrained property is forfeit to the Northern Territory if an unexplained wealth declaration has been made against a person who owns or effectively controls the property) is an example of a provision that relates to Division 1 of Part 6 of that Act because it relates to unexplained wealth declarations (which are made under that Division).
(1) Subject to subregulation (2), for paragraph (e) of the definition of authorised officer in section 338 of the Act, a person engaged under the Public Service Act 1999 who is performing duties in the Australian Taxation Office and who is authorised by the Commissioner of Taxation for the purposes of that paragraph is specified for the purposes of the Act. (3) To avoid doubt, subregulation (1) applies to the use of the term ‘authorised officer’ in the definition of person assisting in section 338 of the Act.
For the definition of corresponding law in section 338 of the Act, each of the following laws is declared to be a law that corresponds to the Act:
(1) Subject to subregulation (2), for paragraph (b) of the definition of enforcement agency in section 338 of the Act, the Australian Taxation Office is specified as a revenue agency for the purposes of the Act.
For the definition of interstate forfeiture order in section 338 of the Act, each of the following kinds of order is declared to be within that definition: (aa) order, under subsection 29(1) of the Criminal Assets Recovery Act 1990 of New South Wales, declaring that an interest in property is available to satisfy a proceeds assessment order or unexplained wealth order; (ba) order, under subsection 32(2) of the Confiscation of Proceeds of Crime Act 1989 of New South Wales, declaring that specified property is available to satisfy a drug proceeds order; (c) forfeiture order under Division 1 of Part 3, and civil forfeiture order under Part 4, of the Confiscation Act 1997 of Victoria; (db) declaration, under subsection 36(1) of the Confiscation Act 1997 of Victoria, that property has been forfeited under section 35 of that Act; (dd) declaration, under subsection 36GB(1) of the Confiscation Act 1997 (Vic.), that property has been forfeited under section 36GA of that Act; (de) declaration, under subsection 40ZB(3) of the Confiscation Act 1997 (Vic.), that property has been forfeited under section 40ZA of that Act; (eaa) serious drug offender confiscation order under section 93ZZB of the Criminal Proceeds Confiscation Act 2002 of Queensland; (ea) tainted property substitution declaration under subsection 153D(1) of the Criminal Proceeds Confiscation Act 2002 of Queensland; (f) forfeiture order made under section 8 or 9 of the Criminal Assets Confiscation Act 1996 of South Australia (that is continued in force under item 11 of Schedule 1 of the Criminal Assets Confiscation Act 2005 of South Australia); (fb) instrument substitution declaration under section 48 of the Criminal Assets Confiscation Act 2005 of South Australia; (fc) declaration that particular property has been forfeited under section 77 of the Criminal Assets Confiscation Act 2005 of South Australia; (g) crime‑used property substitution declaration under section 22 of the Criminal Property Confiscation Act 2000 of Western Australia; (i) forfeiture order under subsection 10(1) of the Crimes (Confiscation of Profits) Act 1988 of Western Australia that is continued in effect under subsection 7(1) of the Criminal Property Confiscation (Consequential Provisions) Act 2000 of Western Australia; (ia) confiscable property declaration under subsection 28(1) of the Criminal Property Confiscation Act 2000 of Western Australia; (k) forfeiture order under subsection 54(1), 59(2) or 67(2) of the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory; (l) crime‑used property substitution declaration under subsection 81(2) of the Criminal Property Forfeiture Act of the Northern Territory; (m) declaration that property specified in an application that is not owned by the respondent is available for forfeiture under subsection 92(1) of the Criminal Property Forfeiture Act of the Northern Territory; (n) declaration that property has been forfeited under subsection 94(4) of the Criminal Property Forfeiture Act of the Northern Territory; (o) order that property is forfeit to the Territory under subsection 96(1) or section 97, 99, 100 or 101 of the Criminal Property Forfeiture Act of the Northern Territory.
For the definition of interstate pecuniary penalty order in section 338 of the Act, each of the following kinds of order is declared to be within that definition: (ab) proceeds assessment order or unexplained wealth order under subsection 31B(4) of the Criminal Assets Recovery Act 1990 of New South Wales; (b) pecuniary penalty order under subsection 24(1) of the Confiscation of Proceeds of Crime Act 1989 of New South Wales and drug proceeds order under subsection 29(1) of that Act; (f) pecuniary penalty order under paragraph 9(4)(b) of the Criminal Assets Confiscation Act 1996 of South Australia (that is continued in force under item 11 of Schedule 1 of the Criminal Assets Confiscation Act 2005 of South Australia); (ha) criminal benefits declaration under subsection 17(1) of the Criminal Property Confiscation Act 2000 of Western Australia; (i) crime‑used property substitution declaration under section 22 of the Criminal Property Confiscation Act 2000 of Western Australia; (j) pecuniary penalty order under subsection 15(1) of the Crimes (Confiscation of Profits) Act 1988 of Western Australia that is continued in effect under subsection 7(1) of the Criminal Property Confiscation (Consequential Provisions) Act 2000 of Western Australia; (l) penalty order under subsection 84(1) or 85(1) of the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory; (m) unexplained wealth declaration under subsection 71(1) of the Criminal Property Forfeiture Act of the Northern Territory; (n) criminal benefit declaration under subsection 75(1) or 76(1) of the Criminal Property Forfeiture Act of the Northern Territory; (o) crime‑used property substitution declaration under subsection 81(2) of the Criminal Property Forfeiture Act of the Northern Territory
For the definition of interstate restraining order in section 338 of the Act, each of the following kinds of order is declared to be within that definition: (aa) order pending forfeiture under subsection 22(2) of the Confiscation of Proceeds of Crime Act 1989 of New South Wales; (ab) confirmation of a freezing notice under subsection 42L(1) of the Confiscation of Proceeds of Crime Act 1989 of New South Wales; (f) restraining order under section 15 of the Criminal Assets Confiscation Act 1996 of South Australia (that is continued in force under item 11 of Schedule 1 of the Criminal Assets Confiscation Act 2005 of South Australia); (i) restraining order made under subsection 20(7) of the Crimes (Confiscation of Profits) Act 1988 of Western Australia that is continued in effect under subsection 7(1) of the Criminal Property Confiscation (Consequential Provisions) Act 2000 of Western Australia; (k) restraining order under subsection 30(2) or 31(2) of the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory; (l) restraining order under subsection 43(1) or (2) or 44(1) of the Criminal Property Forfeiture Act of the Northern Territory.
For paragraph (b) of the definition of narcotic substance in section 338 of the Act, the following substances are specified: (a) a substance that is a narcotic drug within the meaning given by section 3 of the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990; (b) a substance that is a psychotropic substance within the meaning given by section 3 of the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990;
Note: In addition to the substances specified in regulation 8, a substance that is a narcotic substance within the meaning of the Customs Act 1901 is a narcotic substance for the purposes of the Proceeds of Crime Act 2002—see paragraph (a) of the definition of narcotic substance in section 338 of the Act and regulation 3 and the Schedule to the Customs (Narcotic Substances) Regulations.
For paragraph (h) of the definition of serious offence in section 338 of the Act, the following indictable offences are specified: (v) section 73.9 (providing or possessing a travel or identity document issued or altered dishonestly or as a result of threats); (vi) section 73.10 (providing or possessing a travel or identity document to be used by a person who is not the rightful user); (xvia) section 272.10 (aggravated offence—child with mental impairment or under care, supervision or authority of defendant); (xviii) section 272.12 (sexual intercourse with young person outside Australia—defendant in position of trust or authority); (xix) section 272.13 (sexual activity (other than sexual intercourse) with young person outside Australia—defendant in position of trust or authority); (xxv) section 273.5 (possessing, controlling, producing, distributing or obtaining child pornography material outside Australia); (xxvi) section 273.6 (possessing, controlling, producing, distributing or obtaining child abuse material outside Australia); (xxxii) section 471.17 (possessing, controlling, producing, supplying or obtaining child pornography material for use through a postal or similar service); (xxxiv) section 471.20 (possessing, controlling, producing, supplying or obtaining child abuse material for use through a postal or similar service); (xl) section 474.20 (possessing, controlling, producing, supplying or obtaining child pornography material for use through a carriage service); (xlii) section 474.23 (possessing, controlling, producing, supplying or obtaining child abuse material for use through a carriage service); (xliva) section 474.25B (aggravated offence—child with mental impairment or under care, supervision or authority of defendant); (xiii) subsection 132AR(1) (distributing, importing or communicating copies after removal or alteration of electronic rights management information);
The responsible authority may represent the Commonwealth in proceedings relating to an application for an order under section 102 or 103 of the Act.
(1) An applicant for an order under section 102 or 103 of the Act must give written notice to the responsible authority of both the application and the grounds on which the order is sought. (2) The responsible authority must give the applicant notice of any grounds on which it proposes to contest the application.
(2) For subsection 144(2) of the Act, the certificate may be registered in a court having jurisdiction with respect to the recovery of debts of an amount equal to the amount of the pecuniary penalty order, by filing it in that court.
(2) For subsection 171(2) of the Act, the certificate may be registered in a court having jurisdiction with respect to the recovery of debts of an amount equal to the amount of the literary proceeds order, by filing it in that court.
(a) an office held by a person who is a presidential member of the Administrative Appeals Tribunal established under the Administrative Appeals Tribunal Act 1975;
(b) an office held by a person who is a non‑presidential member of that Tribunal who is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or Territory, and has been enrolled for at least 5 years.
(a) persons who have held the office of judge in the Supreme Court, District Court or County Court of a State or Territory and have stated, in writing, willingness to be an approved examiner;
(1) For the definition of unexplained wealth legislation in section 338 of the Act, the unexplained wealth legislation of New South Wales is Division 2 of Part 3 of the Criminal Assets Recovery Act 1990 of New South Wales, and the other provisions of that Act that relate to that Division.
Note: Section 6 of that Act (which defines serious crime related activity) is an example of a provision that relates to Division 2 of Part 3 of that Act because Division 2 refers to that term.
(2) For the definition of unexplained wealth legislation in section 338 of the Act, the unexplained wealth legislation of the Northern Territory is Division 1 of Part 6 of the Criminal Property Forfeiture Act of the Northern Territory, and the other provisions of that Act that relate to that Division.
Note: Section 100 of that Act (which allows a court to order that restrained property is forfeit to the Northern Territory if an unexplained wealth declaration has been made against a person who owns or effectively controls the property) is an example of a provision that relates to Division 1 of Part 6 of that Act because it relates to unexplained wealth declarations (which are made under that Division).
For paragraph 288(1)(a) of the Act, there is payable to the Official Trustee an amount equal to the amount of costs, charges and expenses incurred in connection with the Official Trustee’s exercise of powers and performance of functions or duties under the Act or under Part VI of the Mutual Assistance Act.
For paragraph 288(1)(b) of the Act, the amount of remuneration payable to the Official Trustee in respect of the Official Trustee’s exercise of powers and performance of functions or duties is $62.50 for each period of 15 minutes, or part of 15 minutes.
(1) For subsection 296(2) of the Act, the following amounts credited to the Confiscated Assets Account are to be identified as distributable funds: (a) amounts mentioned in paragraph 296(1)(b) of the Act, other than amounts to be paid under an interstate forfeiture order or interstate pecuniary penalty order; (2) For subsection 296(2) of the Act, the following amounts credited to the Confiscated Assets Account are to be identified as suspended funds: (a) amounts mentioned in paragraph 296(1)(b) of the Act that are to be paid under an interstate forfeiture order or interstate pecuniary penalty order;
(3) For paragraph 297(f) of the Act, the annual management fee of $272 500 is specified for the 2016 calendar year and each later calendar year. (4) The fee specified in subregulation (3) is payable within 28 days after 27 December in the year to which the fee relates. (5) A fee mentioned in this regulation is the price of the taxable supply within the meaning of the A New Tax System (Goods and Services Tax) Act 1999.
(2) As soon as practicable after narcotic‑related goods (other than narcotic goods) are condemned or are taken to be condemned, an AFP member must give notice in writing to the Official Trustee if the member considers that the condemned goods are property in respect of which a claim may be made under the equitable sharing program.
property means money, proceeds or an amount, as the case requires, mentioned in paragraph 296(3)(a), (c), (e), (f), (g), (n), (o) or (p) of the Act.
the responsible authority must give notice in writing to the Official Trustee if the responsible authority considers that the property is property in respect of which a claim may be made under the equitable sharing program. (b) considers that a claim may be made under the equitable sharing program in respect of any amount that is, or may be, paid into the Confiscated Assets Account as a result of the order; the responsible authority must, as soon as practicable after making the application, give notice in writing to the Official Trustee accordingly.
(1) Subject to subregulation (2), for paragraph (e) of the definition of authorised officer in section 338 of the Act, a person engaged under the Public Service Act 1999 who is performing duties in the Australian Taxation Office and who is authorised by the Commissioner of Taxation for the purposes of that paragraph is specified for the purposes of the Act. (3) To avoid doubt, subregulation (1) applies to the use of the term ‘authorised officer’ in the definition of person assisting in section 338 of the Act.
For the definition of corresponding law in section 338 of the Act, each of the following laws is declared to be a law that corresponds to the Act:
(1) Subject to subregulation (2), for paragraph (b) of the definition of enforcement agency in section 338 of the Act, the Australian Taxation Office is specified as a revenue agency for the purposes of the Act.
For the definition of interstate forfeiture order in section 338 of the Act, each of the following kinds of order is declared to be within that definition: (aa) order, under subsection 29(1) of the Criminal Assets Recovery Act 1990 of New South Wales, declaring that an interest in property is available to satisfy a proceeds assessment order or unexplained wealth order; (ba) order, under subsection 32(2) of the Confiscation of Proceeds of Crime Act 1989 of New South Wales, declaring that specified property is available to satisfy a drug proceeds order; (c) forfeiture order under Division 1 of Part 3, and civil forfeiture order under Part 4, of the Confiscation Act 1997 of Victoria; (db) declaration, under subsection 36(1) of the Confiscation Act 1997 of Victoria, that property has been forfeited under section 35 of that Act; (dd) declaration, under subsection 36GB(1) of the Confiscation Act 1997 (Vic.), that property has been forfeited under section 36GA of that Act; (de) declaration, under subsection 40ZB(3) of the Confiscation Act 1997 (Vic.), that property has been forfeited under section 40ZA of that Act; (eaa) serious drug offender confiscation order under section 93ZZB of the Criminal Proceeds Confiscation Act 2002 of Queensland; (ea) tainted property substitution declaration under subsection 153D(1) of the Criminal Proceeds Confiscation Act 2002 of Queensland; (f) forfeiture order made under section 8 or 9 of the Criminal Assets Confiscation Act 1996 of South Australia (that is continued in force under item 11 of Schedule 1 of the Criminal Assets Confiscation Act 2005 of South Australia); (fb) instrument substitution declaration under section 48 of the Criminal Assets Confiscation Act 2005 of South Australia; (fc) declaration that particular property has been forfeited under section 77 of the Criminal Assets Confiscation Act 2005 of South Australia; (g) crime‑used property substitution declaration under section 22 of the Criminal Property Confiscation Act 2000 of Western Australia; (i) forfeiture order under subsection 10(1) of the Crimes (Confiscation of Profits) Act 1988 of Western Australia that is continued in effect under subsection 7(1) of the Criminal Property Confiscation (Consequential Provisions) Act 2000 of Western Australia; (ia) confiscable property declaration under subsection 28(1) of the Criminal Property Confiscation Act 2000 of Western Australia; (k) forfeiture order under subsection 54(1), 59(2) or 67(2) of the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory; (l) crime‑used property substitution declaration under subsection 81(2) of the Criminal Property Forfeiture Act of the Northern Territory; (m) declaration that property specified in an application that is not owned by the respondent is available for forfeiture under subsection 92(1) of the Criminal Property Forfeiture Act of the Northern Territory; (n) declaration that property has been forfeited under subsection 94(4) of the Criminal Property Forfeiture Act of the Northern Territory; (o) order that property is forfeit to the Territory under subsection 96(1) or section 97, 99, 100 or 101 of the Criminal Property Forfeiture Act of the Northern Territory.
For the definition of interstate pecuniary penalty order in section 338 of the Act, each of the following kinds of order is declared to be within that definition: (ab) proceeds assessment order or unexplained wealth order under subsection 31B(4) of the Criminal Assets Recovery Act 1990 of New South Wales; (b) pecuniary penalty order under subsection 24(1) of the Confiscation of Proceeds of Crime Act 1989 of New South Wales and drug proceeds order under subsection 29(1) of that Act; (f) pecuniary penalty order under paragraph 9(4)(b) of the Criminal Assets Confiscation Act 1996 of South Australia (that is continued in force under item 11 of Schedule 1 of the Criminal Assets Confiscation Act 2005 of South Australia); (ha) criminal benefits declaration under subsection 17(1) of the Criminal Property Confiscation Act 2000 of Western Australia; (i) crime‑used property substitution declaration under section 22 of the Criminal Property Confiscation Act 2000 of Western Australia; (j) pecuniary penalty order under subsection 15(1) of the Crimes (Confiscation of Profits) Act 1988 of Western Australia that is continued in effect under subsection 7(1) of the Criminal Property Confiscation (Consequential Provisions) Act 2000 of Western Australia; (l) penalty order under subsection 84(1) or 85(1) of the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory; (m) unexplained wealth declaration under subsection 71(1) of the Criminal Property Forfeiture Act of the Northern Territory; (n) criminal benefit declaration under subsection 75(1) or 76(1) of the Criminal Property Forfeiture Act of the Northern Territory; (o) crime‑used property substitution declaration under subsection 81(2) of the Criminal Property Forfeiture Act of the Northern Territory
For the definition of interstate restraining order in section 338 of the Act, each of the following kinds of order is declared to be within that definition: (aa) order pending forfeiture under subsection 22(2) of the Confiscation of Proceeds of Crime Act 1989 of New South Wales; (ab) confirmation of a freezing notice under subsection 42L(1) of the Confiscation of Proceeds of Crime Act 1989 of New South Wales; (f) restraining order under section 15 of the Criminal Assets Confiscation Act 1996 of South Australia (that is continued in force under item 11 of Schedule 1 of the Criminal Assets Confiscation Act 2005 of South Australia); (i) restraining order made under subsection 20(7) of the Crimes (Confiscation of Profits) Act 1988 of Western Australia that is continued in effect under subsection 7(1) of the Criminal Property Confiscation (Consequential Provisions) Act 2000 of Western Australia; (k) restraining order under subsection 30(2) or 31(2) of the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory; (l) restraining order under subsection 43(1) or (2) or 44(1) of the Criminal Property Forfeiture Act of the Northern Territory.
For paragraph (b) of the definition of narcotic substance in section 338 of the Act, the following substances are specified: (a) a substance that is a narcotic drug within the meaning given by section 3 of the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990; (b) a substance that is a psychotropic substance within the meaning given by section 3 of the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990;
Note: In addition to the substances specified in regulation 8, a substance that is a narcotic substance within the meaning of the Customs Act 1901 is a narcotic substance for the purposes of the Proceeds of Crime Act 2002—see paragraph (a) of the definition of narcotic substance in section 338 of the Act and regulation 3 and the Schedule to the Customs (Narcotic Substances) Regulations.
For paragraph (h) of the definition of serious offence in section 338 of the Act, the following indictable offences are specified: (v) section 73.9 (providing or possessing a travel or identity document issued or altered dishonestly or as a result of threats); (vi) section 73.10 (providing or possessing a travel or identity document to be used by a person who is not the rightful user); (xvia) section 272.10 (aggravated offence—child with mental impairment or under care, supervision or authority of defendant); (xviii) section 272.12 (sexual intercourse with young person outside Australia—defendant in position of trust or authority); (xix) section 272.13 (sexual activity (other than sexual intercourse) with young person outside Australia—defendant in position of trust or authority); (xxv) section 273.5 (possessing, controlling, producing, distributing or obtaining child pornography material outside Australia); (xxvi) section 273.6 (possessing, controlling, producing, distributing or obtaining child abuse material outside Australia); (xxxii) section 471.17 (possessing, controlling, producing, supplying or obtaining child pornography material for use through a postal or similar service); (xxxiv) section 471.20 (possessing, controlling, producing, supplying or obtaining child abuse material for use through a postal or similar service); (xl) section 474.20 (possessing, controlling, producing, supplying or obtaining child pornography material for use through a carriage service); (xlii) section 474.23 (possessing, controlling, producing, supplying or obtaining child abuse material for use through a carriage service); (xliva) section 474.25B (aggravated offence—child with mental impairment or under care, supervision or authority of defendant); (xiii) subsection 132AR(1) (distributing, importing or communicating copies after removal or alteration of electronic rights management information);
The responsible authority may represent the Commonwealth in proceedings relating to an application for an order under section 102 or 103 of the Act.
(1) An applicant for an order under section 102 or 103 of the Act must give written notice to the responsible authority of both the application and the grounds on which the order is sought. (2) The responsible authority must give the applicant notice of any grounds on which it proposes to contest the application.
(2) For subsection 144(2) of the Act, the certificate may be registered in a court having jurisdiction with respect to the recovery of debts of an amount equal to the amount of the pecuniary penalty order, by filing it in that court.
(2) For subsection 171(2) of the Act, the certificate may be registered in a court having jurisdiction with respect to the recovery of debts of an amount equal to the amount of the literary proceeds order, by filing it in that court.
(a) an office held by a person who is a presidential member of the Administrative Appeals Tribunal established under the Administrative Appeals Tribunal Act 1975;
(b) an office held by a person who is a non‑presidential member of that Tribunal who is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or Territory, and has been enrolled for at least 5 years.
(a) persons who have held the office of judge in the Supreme Court, District Court or County Court of a State or Territory and have stated, in writing, willingness to be an approved examiner;
(1) For the definition of unexplained wealth legislation in section 338 of the Act, the unexplained wealth legislation of New South Wales is Division 2 of Part 3 of the Criminal Assets Recovery Act 1990 of New South Wales, and the other provisions of that Act that relate to that Division.
Note: Section 6 of that Act (which defines serious crime related activity) is an example of a provision that relates to Division 2 of Part 3 of that Act because Division 2 refers to that term.
(2) For the definition of unexplained wealth legislation in section 338 of the Act, the unexplained wealth legislation of the Northern Territory is Division 1 of Part 6 of the Criminal Property Forfeiture Act of the Northern Territory, and the other provisions of that Act that relate to that Division.
Note: Section 100 of that Act (which allows a court to order that restrained property is forfeit to the Northern Territory if an unexplained wealth declaration has been made against a person who owns or effectively controls the property) is an example of a provision that relates to Division 1 of Part 6 of that Act because it relates to unexplained wealth declarations (which are made under that Division).
For paragraph 288(1)(a) of the Act, there is payable to the Official Trustee an amount equal to the amount of costs, charges and expenses incurred in connection with the Official Trustee’s exercise of powers and performance of functions or duties under the Act or under Part VI of the Mutual Assistance Act.
For paragraph 288(1)(b) of the Act, the amount of remuneration payable to the Official Trustee in respect of the Official Trustee’s exercise of powers and performance of functions or duties is $62.50 for each period of 15 minutes, or part of 15 minutes.
(1) For subsection 296(2) of the Act, the following amounts credited to the Confiscated Assets Account are to be identified as distributable funds: (a) amounts mentioned in paragraph 296(1)(b) of the Act, other than amounts to be paid under an interstate forfeiture order or interstate pecuniary penalty order; (2) For subsection 296(2) of the Act, the following amounts credited to the Confiscated Assets Account are to be identified as suspended funds: (a) amounts mentioned in paragraph 296(1)(b) of the Act that are to be paid under an interstate forfeiture order or interstate pecuniary penalty order;
(3) For paragraph 297(f) of the Act, the annual management fee of $272 500 is specified for the 2016 calendar year and each later calendar year. (4) The fee specified in subregulation (3) is payable within 28 days after 27 December in the year to which the fee relates. (5) A fee mentioned in this regulation is the price of the taxable supply within the meaning of the A New Tax System (Goods and Services Tax) Act 1999.
(2) As soon as practicable after narcotic‑related goods (other than narcotic goods) are condemned or are taken to be condemned, an AFP member must give notice in writing to the Official Trustee if the member considers that the condemned goods are property in respect of which a claim may be made under the equitable sharing program.
property means money, proceeds or an amount, as the case requires, mentioned in paragraph 296(3)(a), (c), (e), (f), (g), (n), (o) or (p) of the Act.
the responsible authority must give notice in writing to the Official Trustee if the responsible authority considers that the property is property in respect of which a claim may be made under the equitable sharing program. (b) considers that a claim may be made under the equitable sharing program in respect of any amount that is, or may be, paid into the Confiscated Assets Account as a result of the order; the responsible authority must, as soon as practicable after making the application, give notice in writing to the Official Trustee accordingly.
For paragraph 288(1)(a) of the Act, there is payable to the Official Trustee an amount equal to the amount of costs, charges and expenses incurred in connection with the Official Trustee’s exercise of powers and performance of functions or duties under the Act or under Part VI of the Mutual Assistance Act.
For paragraph 288(1)(b) of the Act, the amount of remuneration payable to the Official Trustee in respect of the Official Trustee’s exercise of powers and performance of functions or duties is $62.50 for each period of 15 minutes, or part of 15 minutes.
(1) Subject to subregulation (2), for paragraph (e) of the definition of authorised officer in section 338 of the Act, a person engaged under the Public Service Act 1999 who is performing duties in the Australian Taxation Office and who is authorised by the Commissioner of Taxation for the purposes of that paragraph is specified for the purposes of the Act. (3) To avoid doubt, subregulation (1) applies to the use of the term ‘authorised officer’ in the definition of person assisting in section 338 of the Act.
For the definition of corresponding law in section 338 of the Act, each of the following laws is declared to be a law that corresponds to the Act:
(1) Subject to subregulation (2), for paragraph (b) of the definition of enforcement agency in section 338 of the Act, the Australian Taxation Office is specified as a revenue agency for the purposes of the Act.
For the definition of interstate forfeiture order in section 338 of the Act, each of the following kinds of order is declared to be within that definition: (aa) order, under subsection 29(1) of the Criminal Assets Recovery Act 1990 of New South Wales, declaring that an interest in property is available to satisfy a proceeds assessment order or unexplained wealth order; (ba) order, under subsection 32(2) of the Confiscation of Proceeds of Crime Act 1989 of New South Wales, declaring that specified property is available to satisfy a drug proceeds order; (c) forfeiture order under Division 1 of Part 3, and civil forfeiture order under Part 4, of the Confiscation Act 1997 of Victoria; (db) declaration, under subsection 36(1) of the Confiscation Act 1997 of Victoria, that property has been forfeited under section 35 of that Act; (dd) declaration, under subsection 36GB(1) of the Confiscation Act 1997 (Vic.), that property has been forfeited under section 36GA of that Act; (de) declaration, under subsection 40ZB(3) of the Confiscation Act 1997 (Vic.), that property has been forfeited under section 40ZA of that Act; (eaa) serious drug offender confiscation order under section 93ZZB of the Criminal Proceeds Confiscation Act 2002 of Queensland; (ea) tainted property substitution declaration under subsection 153D(1) of the Criminal Proceeds Confiscation Act 2002 of Queensland; (f) forfeiture order made under section 8 or 9 of the Criminal Assets Confiscation Act 1996 of South Australia (that is continued in force under item 11 of Schedule 1 of the Criminal Assets Confiscation Act 2005 of South Australia); (fb) instrument substitution declaration under section 48 of the Criminal Assets Confiscation Act 2005 of South Australia; (fc) declaration that particular property has been forfeited under section 77 of the Criminal Assets Confiscation Act 2005 of South Australia; (g) crime‑used property substitution declaration under section 22 of the Criminal Property Confiscation Act 2000 of Western Australia; (i) forfeiture order under subsection 10(1) of the Crimes (Confiscation of Profits) Act 1988 of Western Australia that is continued in effect under subsection 7(1) of the Criminal Property Confiscation (Consequential Provisions) Act 2000 of Western Australia; (ia) confiscable property declaration under subsection 28(1) of the Criminal Property Confiscation Act 2000 of Western Australia; (k) forfeiture order under subsection 54(1), 59(2) or 67(2) of the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory; (l) crime‑used property substitution declaration under subsection 81(2) of the Criminal Property Forfeiture Act of the Northern Territory; (m) declaration that property specified in an application that is not owned by the respondent is available for forfeiture under subsection 92(1) of the Criminal Property Forfeiture Act of the Northern Territory; (n) declaration that property has been forfeited under subsection 94(4) of the Criminal Property Forfeiture Act of the Northern Territory; (o) order that property is forfeit to the Territory under subsection 96(1) or section 97, 99, 100 or 101 of the Criminal Property Forfeiture Act of the Northern Territory.
For the definition of interstate pecuniary penalty order in section 338 of the Act, each of the following kinds of order is declared to be within that definition: (ab) proceeds assessment order or unexplained wealth order under subsection 31B(4) of the Criminal Assets Recovery Act 1990 of New South Wales; (b) pecuniary penalty order under subsection 24(1) of the Confiscation of Proceeds of Crime Act 1989 of New South Wales and drug proceeds order under subsection 29(1) of that Act; (f) pecuniary penalty order under paragraph 9(4)(b) of the Criminal Assets Confiscation Act 1996 of South Australia (that is continued in force under item 11 of Schedule 1 of the Criminal Assets Confiscation Act 2005 of South Australia); (ha) criminal benefits declaration under subsection 17(1) of the Criminal Property Confiscation Act 2000 of Western Australia; (i) crime‑used property substitution declaration under section 22 of the Criminal Property Confiscation Act 2000 of Western Australia; (j) pecuniary penalty order under subsection 15(1) of the Crimes (Confiscation of Profits) Act 1988 of Western Australia that is continued in effect under subsection 7(1) of the Criminal Property Confiscation (Consequential Provisions) Act 2000 of Western Australia; (l) penalty order under subsection 84(1) or 85(1) of the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory; (m) unexplained wealth declaration under subsection 71(1) of the Criminal Property Forfeiture Act of the Northern Territory; (n) criminal benefit declaration under subsection 75(1) or 76(1) of the Criminal Property Forfeiture Act of the Northern Territory; (o) crime‑used property substitution declaration under subsection 81(2) of the Criminal Property Forfeiture Act of the Northern Territory
For the definition of interstate restraining order in section 338 of the Act, each of the following kinds of order is declared to be within that definition: (aa) order pending forfeiture under subsection 22(2) of the Confiscation of Proceeds of Crime Act 1989 of New South Wales; (ab) confirmation of a freezing notice under subsection 42L(1) of the Confiscation of Proceeds of Crime Act 1989 of New South Wales; (f) restraining order under section 15 of the Criminal Assets Confiscation Act 1996 of South Australia (that is continued in force under item 11 of Schedule 1 of the Criminal Assets Confiscation Act 2005 of South Australia); (i) restraining order made under subsection 20(7) of the Crimes (Confiscation of Profits) Act 1988 of Western Australia that is continued in effect under subsection 7(1) of the Criminal Property Confiscation (Consequential Provisions) Act 2000 of Western Australia; (k) restraining order under subsection 30(2) or 31(2) of the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory; (l) restraining order under subsection 43(1) or (2) or 44(1) of the Criminal Property Forfeiture Act of the Northern Territory.
For paragraph (b) of the definition of narcotic substance in section 338 of the Act, the following substances are specified: (a) a substance that is a narcotic drug within the meaning given by section 3 of the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990; (b) a substance that is a psychotropic substance within the meaning given by section 3 of the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990;
Note: In addition to the substances specified in regulation 8, a substance that is a narcotic substance within the meaning of the Customs Act 1901 is a narcotic substance for the purposes of the Proceeds of Crime Act 2002—see paragraph (a) of the definition of narcotic substance in section 338 of the Act and regulation 3 and the Schedule to the Customs (Narcotic Substances) Regulations.
For paragraph (h) of the definition of serious offence in section 338 of the Act, the following indictable offences are specified: (v) section 73.9 (providing or possessing a travel or identity document issued or altered dishonestly or as a result of threats); (vi) section 73.10 (providing or possessing a travel or identity document to be used by a person who is not the rightful user); (xvia) section 272.10 (aggravated offence—child with mental impairment or under care, supervision or authority of defendant); (xviii) section 272.12 (sexual intercourse with young person outside Australia—defendant in position of trust or authority); (xix) section 272.13 (sexual activity (other than sexual intercourse) with young person outside Australia—defendant in position of trust or authority); (xxv) section 273.5 (possessing, controlling, producing, distributing or obtaining child pornography material outside Australia); (xxvi) section 273.6 (possessing, controlling, producing, distributing or obtaining child abuse material outside Australia); (xxxii) section 471.17 (possessing, controlling, producing, supplying or obtaining child pornography material for use through a postal or similar service); (xxxiv) section 471.20 (possessing, controlling, producing, supplying or obtaining child abuse material for use through a postal or similar service); (xl) section 474.20 (possessing, controlling, producing, supplying or obtaining child pornography material for use through a carriage service); (xlii) section 474.23 (possessing, controlling, producing, supplying or obtaining child abuse material for use through a carriage service); (xliva) section 474.25B (aggravated offence—child with mental impairment or under care, supervision or authority of defendant); (xiii) subsection 132AR(1) (distributing, importing or communicating copies after removal or alteration of electronic rights management information);
The responsible authority may represent the Commonwealth in proceedings relating to an application for an order under section 102 or 103 of the Act.
(1) An applicant for an order under section 102 or 103 of the Act must give written notice to the responsible authority of both the application and the grounds on which the order is sought. (2) The responsible authority must give the applicant notice of any grounds on which it proposes to contest the application.
(2) For subsection 144(2) of the Act, the certificate may be registered in a court having jurisdiction with respect to the recovery of debts of an amount equal to the amount of the pecuniary penalty order, by filing it in that court.
(2) For subsection 171(2) of the Act, the certificate may be registered in a court having jurisdiction with respect to the recovery of debts of an amount equal to the amount of the literary proceeds order, by filing it in that court.
(a) an office held by a person who is a presidential member of the Administrative Appeals Tribunal established under the Administrative Appeals Tribunal Act 1975;
(b) an office held by a person who is a non‑presidential member of that Tribunal who is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or Territory, and has been enrolled for at least 5 years.
(a) persons who have held the office of judge in the Supreme Court, District Court or County Court of a State or Territory and have stated, in writing, willingness to be an approved examiner;
(1) For the definition of unexplained wealth legislation in section 338 of the Act, the unexplained wealth legislation of New South Wales is Division 2 of Part 3 of the Criminal Assets Recovery Act 1990 of New South Wales, and the other provisions of that Act that relate to that Division.
Note: Section 6 of that Act (which defines serious crime related activity) is an example of a provision that relates to Division 2 of Part 3 of that Act because Division 2 refers to that term.
(2) For the definition of unexplained wealth legislation in section 338 of the Act, the unexplained wealth legislation of the Northern Territory is Division 1 of Part 6 of the Criminal Property Forfeiture Act of the Northern Territory, and the other provisions of that Act that relate to that Division.
Note: Section 100 of that Act (which allows a court to order that restrained property is forfeit to the Northern Territory if an unexplained wealth declaration has been made against a person who owns or effectively controls the property) is an example of a provision that relates to Division 1 of Part 6 of that Act because it relates to unexplained wealth declarations (which are made under that Division).
For paragraph 288(1)(a) of the Act, there is payable to the Official Trustee an amount equal to the amount of costs, charges and expenses incurred in connection with the Official Trustee’s exercise of powers and performance of functions or duties under the Act or under Part VI of the Mutual Assistance Act.
For paragraph 288(1)(b) of the Act, the amount of remuneration payable to the Official Trustee in respect of the Official Trustee’s exercise of powers and performance of functions or duties is $62.50 for each period of 15 minutes, or part of 15 minutes.
(1) For subsection 296(2) of the Act, the following amounts credited to the Confiscated Assets Account are to be identified as distributable funds: (a) amounts mentioned in paragraph 296(1)(b) of the Act, other than amounts to be paid under an interstate forfeiture order or interstate pecuniary penalty order; (2) For subsection 296(2) of the Act, the following amounts credited to the Confiscated Assets Account are to be identified as suspended funds: (a) amounts mentioned in paragraph 296(1)(b) of the Act that are to be paid under an interstate forfeiture order or interstate pecuniary penalty order;
(3) For paragraph 297(f) of the Act, the annual management fee of $272 500 is specified for the 2016 calendar year and each later calendar year. (4) The fee specified in subregulation (3) is payable within 28 days after 27 December in the year to which the fee relates. (5) A fee mentioned in this regulation is the price of the taxable supply within the meaning of the A New Tax System (Goods and Services Tax) Act 1999.
(2) As soon as practicable after narcotic‑related goods (other than narcotic goods) are condemned or are taken to be condemned, an AFP member must give notice in writing to the Official Trustee if the member considers that the condemned goods are property in respect of which a claim may be made under the equitable sharing program.
property means money, proceeds or an amount, as the case requires, mentioned in paragraph 296(3)(a), (c), (e), (f), (g), (n), (o) or (p) of the Act.
the responsible authority must give notice in writing to the Official Trustee if the responsible authority considers that the property is property in respect of which a claim may be made under the equitable sharing program. (b) considers that a claim may be made under the equitable sharing program in respect of any amount that is, or may be, paid into the Confiscated Assets Account as a result of the order; the responsible authority must, as soon as practicable after making the application, give notice in writing to the Official Trustee accordingly.
(1) For subsection 296(2) of the Act, the following amounts credited to the Confiscated Assets Account are to be identified as distributable funds: (a) amounts mentioned in paragraph 296(1)(b) of the Act, other than amounts to be paid under an interstate forfeiture order or interstate pecuniary penalty order; (2) For subsection 296(2) of the Act, the following amounts credited to the Confiscated Assets Account are to be identified as suspended funds: (a) amounts mentioned in paragraph 296(1)(b) of the Act that are to be paid under an interstate forfeiture order or interstate pecuniary penalty order;
(3) For paragraph 297(f) of the Act, the annual management fee of $272 500 is specified for the 2016 calendar year and each later calendar year. (4) The fee specified in subregulation (3) is payable within 28 days after 27 December in the year to which the fee relates. (5) A fee mentioned in this regulation is the price of the taxable supply within the meaning of the A New Tax System (Goods and Services Tax) Act 1999.
(2) As soon as practicable after narcotic‑related goods (other than narcotic goods) are condemned or are taken to be condemned, an AFP member must give notice in writing to the Official Trustee if the member considers that the condemned goods are property in respect of which a claim may be made under the equitable sharing program.
property means money, proceeds or an amount, as the case requires, mentioned in paragraph 296(3)(a), (c), (e), (f), (g), (n), (o) or (p) of the Act.
the responsible authority must give notice in writing to the Official Trustee if the responsible authority considers that the property is property in respect of which a claim may be made under the equitable sharing program. (b) considers that a claim may be made under the equitable sharing program in respect of any amount that is, or may be, paid into the Confiscated Assets Account as a result of the order; the responsible authority must, as soon as practicable after making the application, give notice in writing to the Official Trustee accordingly.
Proceeds of Crime Act 2002
NOTICE TO ATTEND EXAMINATION
TO [Insert name and address of person]
Under section 183 of the Proceeds of Crime Act 2002 I require you to attend an examination at the time and place mentioned below.
TIME: [Insert time of examination]
PLACE: [Insert place of examination]
You must produce the following documents at the examination:
[Insert list of documents required (if any)]
[Insert signature of approved examiner]
_______________________________
[Insert name of approved examiner]
Approved examiner under section 183 of the Proceeds of Crime Act 2002.
[Insert date]
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
These Regulations are the Proceeds of Crime Regulations 2002.
In these Regulations:
Act means the Proceeds of Crime Act 2002.
(1) Subject to subregulation (2), for paragraph (e) of the definition of authorised officer in section 338 of the Act, a person engaged under the Public Service Act 1999 who is performing duties in the Australian Taxation Office and who is authorised by the Commissioner of Taxation for the purposes of that paragraph is specified for the purposes of the Act. (2) Subregulation (1) does not apply to the use of the term ‘authorised officer’ in: (a) Part 3‑5 of the Act (except section 225); or (b) the definition of executing officer in section 338 of the Act. (3) To avoid doubt, subregulation (1) applies to the use of the term ‘authorised officer’ in the definition of person assisting in section 338 of the Act.
For the definition of corresponding law in section 338 of the Act, each of the following laws is declared to be a law that corresponds to the Act: (a) Criminal Assets Recovery Act 1990 of New South Wales; (b) Confiscation of Proceeds of Crime Act 1989 of New South Wales; (c) Confiscation Act 1997 of Victoria; (d) Criminal Proceeds Confiscation Act 2002 of Queensland; (e) Criminal Assets Confiscation Act 1996 of South Australia; (ea) Criminal Assets Confiscation Act 2005 of South Australia; (f) Criminal Property Confiscation Act 2000 of Western Australia; (g) Crime (Confiscation of Profits) Act 1993 of Tasmania; (h) Criminal Property Forfeiture Act 2002 of the Northern Territory; (j) Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory.
(1) Subject to subregulation (2), for paragraph (b) of the definition of enforcement agency in section 338 of the Act, the Australian Taxation Office is specified as a revenue agency for the purposes of the Act. (2) Subregulation (1) does not apply to the use of the term ‘enforcement agency’ in section 254 of the Act.
For the definition of interstate forfeiture order in section 338 of the Act, each of the following kinds of order is declared to be within that definition: (a) assets forfeiture order under section 22 of the Criminal Assets Recovery Act 1990 of New South Wales; (aa) order, under subsection 29(1) of the Criminal Assets Recovery Act 1990 of New South Wales, declaring that an interest in property is available to satisfy a proceeds assessment order or unexplained wealth order; (ab) assets forfeiture order under subsection 31A(3) of the Criminal Assets Recovery Act 1990 of New South Wales; (b) forfeiture order under subsection 18(1) of the Confiscation of Proceeds of Crime Act 1989 of New South Wales; (ba) order, under subsection 32(2) of the Confiscation of Proceeds of Crime Act 1989 of New South Wales, declaring that specified property is available to satisfy a drug proceeds order; (c) forfeiture order under Division 1 of Part 3, and civil forfeiture order under Part 4, of the Confiscation Act 1997 of Victoria; (da) tainted property substitution declaration under subsection 34C(1) of the Confiscation Act 1997 of Victoria; (db) declaration, under subsection 36(1) of the Confiscation Act 1997 of Victoria, that property has been forfeited under section 35 of that Act; (dc) tainted property substitution declaration under section 36F(1) of the Confiscation Act 1997 of Victoria; (dd) declaration, under subsection 36GB(1) of the Confiscation Act 1997 (Vic.), that property has been forfeited under section 36GA of that Act; (de) declaration, under subsection 40ZB(3) of the Confiscation Act 1997 (Vic.), that property has been forfeited under section 40ZA of that Act; (e) forfeiture order under subsection 58(1) or 151(1) of the Criminal Proceeds Confiscation Act 2002 of Queensland; (eaa) serious drug offender confiscation order under section 93ZZB of the Criminal Proceeds Confiscation Act 2002 of Queensland; (ea) tainted property substitution declaration under subsection 153D(1) of the Criminal Proceeds Confiscation Act 2002 of Queensland; (f) forfeiture order made under section 8 or 9 of the Criminal Assets Confiscation Act 1996 of South Australia (that is continued in force under item 11 of Schedule 1 of the Criminal Assets Confiscation Act 2005 of South Australia); (fa) forfeiture order under subsection 47(1) of the Criminal Assets Confiscation Act 2005 of South Australia; (fb) instrument substitution declaration under section 48 of the Criminal Assets Confiscation Act 2005 of South Australia; (fc) declaration that particular property has been forfeited under section 77 of the Criminal Assets Confiscation Act 2005 of South Australia; (g) crime‑used property substitution declaration under section 22 of the Criminal Property Confiscation Act 2000 of Western Australia; (h) declaration of confiscation under section 30 of the Criminal Property Confiscation Act 2000 of Western Australia; (i) forfeiture order under subsection 10(1) of the Crimes (Confiscation of Profits) Act 1988 of Western Australia that is continued in effect under subsection 7(1) of the Criminal Property Confiscation (Consequential Provisions) Act 2000 of Western Australia; (ia) confiscable property declaration under subsection 28(1) of the Criminal Property Confiscation Act 2000 of Western Australia; (j) forfeiture order under section 16 of the Crime (Confiscation of Profits) Act 1993 of Tasmania; (ja) wealth forfeiture order under section 152 of the Crime (Confiscation of Profits) Act 1993 of Tasmania; (k) forfeiture order under subsection 54(1), 59(2) or 67(2) of the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory; (l) crime‑used property substitution declaration under subsection 81(2) of the Criminal Property Forfeiture Act of the Northern Territory; (m) declaration that property specified in an application that is not owned by the respondent is available for forfeiture under subsection 92(1) of the Criminal Property Forfeiture Act of the Northern Territory; (n) declaration that property has been forfeited under subsection 94(4) of the Criminal Property Forfeiture Act of the Northern Territory; (o) order that property is forfeit to the Territory under subsection 96(1) or section 97, 99, 100 or 101 of the Criminal Property Forfeiture Act of the Northern Territory.
For the definition of interstate pecuniary penalty order in section 338 of the Act, each of the following kinds of order is declared to be within that definition: (a) proceeds assessment order under section 27 of the Criminal Assets Recovery Act 1990 of New South Wales; (aa) unexplained wealth order under subsection 28A(2) of the Criminal Assets Recovery Act 1990 of New South Wales; (ab) proceeds assessment order or unexplained wealth order under subsection 31B(4) of the Criminal Assets Recovery Act 1990 of New South Wales; (b) pecuniary penalty order under subsection 24(1) of the Confiscation of Proceeds of Crime Act 1989 of New South Wales and drug proceeds order under subsection 29(1) of that Act; (c) pecuniary penalty order under Part 8 of the Confiscation Act 1997 of Victoria; (e) proceeds assessment order under subsection 78(1) of the Criminal Proceeds Confiscation Act 2002 of Queensland; (eaa) unexplained wealth order under section 89G of the Criminal Proceeds Confiscation Act 2002 of Queensland; (ea) pecuniary penalty order under subsection 184(1) of the Criminal Proceeds Confiscation Act 2002 of Queensland; (eb) special forfeiture order under subsection 202(1) of the Criminal Proceeds Confiscation Act 2002 of Queensland; (f) pecuniary penalty order under paragraph 9(4)(b) of the Criminal Assets Confiscation Act 1996 of South Australia (that is continued in force under item 11 of Schedule 1 of the Criminal Assets Confiscation Act 2005 of South Australia); (fa) pecuniary penalty order under subsection 95(1) of the Criminal Assets Confiscation Act 2005 of South Australia; (fb) literary proceeds order under subsection 111(1) of the Criminal Assets Confiscation Act 2005 of South Australia; (g) unexplained wealth declaration under section 12 of the Criminal Property Confiscation Act 2000 of Western Australia; (h) criminal benefits declaration under section 16 of the Criminal Property Confiscation Act 2000 of Western Australia; (ha) criminal benefits declaration under subsection 17(1) of the Criminal Property Confiscation Act 2000 of Western Australia; (i) crime‑used property substitution declaration under section 22 of the Criminal Property Confiscation Act 2000 of Western Australia; (j) pecuniary penalty order under subsection 15(1) of the Crimes (Confiscation of Profits) Act 1988 of Western Australia that is continued in effect under subsection 7(1) of the Criminal Property Confiscation (Consequential Provisions) Act 2000 of Western Australia; (k) pecuniary penalty order under section 21 of the Crime (Confiscation of Profits) Act 1993 of Tasmania; (l) penalty order under subsection 84(1) or 85(1) of the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory; (m) unexplained wealth declaration under subsection 71(1) of the Criminal Property Forfeiture Act of the Northern Territory; (n) criminal benefit declaration under subsection 75(1) or 76(1) of the Criminal Property Forfeiture Act of the Northern Territory; (o) crime‑used property substitution declaration under subsection 81(2) of the Criminal Property Forfeiture Act of the Northern Territory
For the definition of interstate restraining order in section 338 of the Act, each of the following kinds of order is declared to be within that definition: (a) restraining order under subsection 10A(5) of the Criminal Assets Recovery Act 1990 of New South Wales; (aa) order pending forfeiture under subsection 22(2) of the Confiscation of Proceeds of Crime Act 1989 of New South Wales; (ab) confirmation of a freezing notice under subsection 42L(1) of the Confiscation of Proceeds of Crime Act 1989 of New South Wales; (b) restraining order under subsection 43(2) of the Confiscation of Proceeds of Crime Act 1989 of New South Wales; (c) restraining order under section 18 of the Confiscation Act 1997 of Victoria; (da) civil forfeiture restraining order under section 36M of the Confiscation Act 1997 of Victoria; (db) unexplained wealth restraining order under section 40I of the Confiscation Act 1997 (Vic.); (e) restraining order under section 31, 93M or 122 of the Criminal Proceeds Confiscation Act 2002 of Queensland; (f) restraining order under section 15 of the Criminal Assets Confiscation Act 1996 of South Australia (that is continued in force under item 11 of Schedule 1 of the Criminal Assets Confiscation Act 2005 of South Australia); (fa) restraining order under subsection 24(1) of the Criminal Assets Confiscation Act 2005 of South Australia; (g) freezing notice under section 34 of the Criminal Property Confiscation Act 2000 of Western Australia; (h) freezing order under section 43 of the Criminal Property Confiscation Act 2000 of Western Australia; (i) restraining order made under subsection 20(7) of the Crimes (Confiscation of Profits) Act 1988 of Western Australia that is continued in effect under subsection 7(1) of the Criminal Property Confiscation (Consequential Provisions) Act 2000 of Western Australia; (j) restraining order under section 26 of the Crime (Confiscation of Profits) Act 1993 of Tasmania; (ja) interim wealth‑restraining order under section 116 of the Crime (Confiscation of Profits) Act 1993 of Tasmania; (jb) wealth‑restraining order under section 118 of the Crime (Confiscation of Profits) Act 1993 of Tasmania; (k) restraining order under subsection 30(2) or 31(2) of the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory; (ka) interim restraining order under subsection 40(1) of the Criminal Property Forfeiture Act (NT); (l) restraining order under subsection 43(1) or (2) or 44(1) of the Criminal Property Forfeiture Act of the Northern Territory.
For paragraph (b) of the definition of narcotic substance in section 338 of the Act, the following substances are specified: (a) a substance that is a narcotic drug within the meaning given by section 3 of the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990; (b) a substance that is a psychotropic substance within the meaning given by section 3 of the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990; (c) a substance specified in column 2 of an item in Part 1 of Schedule 1AA to the Customs Regulations 1926.
Note: In addition to the substances specified in regulation 8, a substance that is a narcotic substance within the meaning of the Customs Act 1901 is a narcotic substance for the purposes of the Proceeds of Crime Act 2002—see paragraph (a) of the definition of narcotic substance in section 338 of the Act and regulation 3 and the Schedule to the Customs (Narcotic Substances) Regulations.
For paragraph (h) of the definition of serious offence in section 338 of the Act, the following indictable offences are specified: (a) an offence against any of the following provisions of the Criminal Code: (i) section 73.1 (offence of people smuggling); (ii) section 73.2 (aggravated offence of people smuggling (exploitation, or danger of death or serious harm etc)); (iii) section 73.3 (aggravated offence of people smuggling (at least 5 people)); (iiia) section 73.3A (supporting the offence of people smuggling); (iv) section 73.8 (making, providing or possessing a false travel or identity document); (v) section 73.9 (providing or possessing a travel or identity document issued or altered dishonestly or as a result of threats); (vi) section 73.10 (providing or possessing a travel or identity document to be used by a person who is not the rightful user); (vii) section 73.11 (taking possession of or destroying another person’s travel or identity document); (viii) section 270.3 (slavery offences); (viiia) section 270.5 (servitude offences); (ix) section 270.6A (forced labour offences); (ixa) section 270.7 (deceptive recruiting for labour or services); (x) section 270.7B (forced marriage offences); (xi) section 271.2 (offence of trafficking in persons); (xia) section 271.3 (trafficking in persons—aggravated offence); (xii) section 271.4 (offence of trafficking in children); (xiii) section 271.5 (offence of domestic trafficking in persons); (xiiia) section 271.6 (domestic trafficking in persons—aggravated offence); (xiv) section 271.7 (offence of domestic trafficking in children); (xiva) section 271.7B (offe
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