Serious and Organised Crime (Unexplained Wealth) Regulations 2025

The Regulations operate through a handful of legal-conceptual adjustments and prescriptions. Those concepts determine who is in scope, how procedural matters are to be carried out and what external instruments are to be treated as equivalent for the Act’s purposes.

Definitions and cross-references

• Act: The Regulations expressly define “Act” to mean the Serious and Organised Crime (Unexplained Wealth) Act 2009 (reg 3). Where the Regulations say a matter is “for the purposes of” a particular section of the Act, they are importing the Act’s operative framework and supplying supplemental detail.
• Payment services: The Regulations define “payment services” as services providing for, or facilitating, payment, transfer of money or granting of credit by one person to another, and explicitly include services provided by electronic means (reg 3). This definition operates to ensure that electronic or fintech-style services are captured where the term is used in the Regulations (in particular, in the deposit holder declaration at reg 5(e)).

Corresponding unexplained wealth orders

• Regulation 4 engages the Act’s definition of “corresponding unexplained wealth order” (section 3(1) of the Act, as referenced in the Regulations). It does two things:
  • Identifies three kinds of orders that qualify as corresponding unexplained wealth orders: (a) orders requiring payment of money in respect of property or benefits not lawfully acquired; (b) orders similar in nature to literary proceeds orders under the Criminal Assets Confiscation Act 2005; and (c) “recognised Australian pecuniary penalty orders” within the meaning of the Criminal Assets Confiscation Act 2005 (reg 4(1)(a)-(c)).
  • Lists the “relevant Acts” from State, Territory and Commonwealth jurisdictions whose orders will be treated as corresponding unexplained wealth orders (reg 4(2)). The list comprises nine enactments from New South Wales, Victoria, Queensland, Western Australia, Tasmania, Northern Territory, Australian Capital Territory, and the Commonwealth (reg 4(2)(a)-(i)).

Deposit holders

• Regulation 5 declares that institutions engaging in any of a specific list of activities are “deposit holders” for the purposes of section 3(1) of the Act. The activities enumerated are: acting as an agent for an authorised deposit-taking institution (ADI), acting as a broker (of any kind), provision of accountancy services, betting or gaming services, payment services, money lending, and dealing in commodities (reg 5(a)-(g)).

Procedural prescriptions

• Duplicate warrant requirements: Regulation 6 prescribes two additional requirements for a duplicate warrant under section 16(4)(g)(ii) of the Act: (a) the duplicate warrant must specify it is a duplicate and that it was filled out following a telephone application to a judicial officer; and (b) it must specify the date and time the judicial officer signed it (reg 6(a)-(b)).
• Prescribed form of notice: Regulation 7 prescribes the notice set out in Schedule 1 for the purposes of section 17(4)(a) of the Act. Schedule 1 provides a printable/formatted notice that contains fields for the identity of the person or occupier, details of the warrant (issuing judicial officer, date/time), execution details (police officer details and signature, date of execution), and a tick box and space for details of seized documents or articles (Schedule 1).
• Manner of service: Regulation 8 prescribes additional manners of giving or serving notices, orders or documents for the purposes of section 38 of the Act, including leaving or posting at a corporation’s registered address, or by means indicated by the person (email, fax, document exchange), and by any other means in accordance with Chapter 5 Part 2 of the Uniform Civil Rules 2020 as in force from time to time (reg 8(a)(i)-(b)(ii)).

Temporal and repeal aspects

• The Regulations repeal the 2010 Regulations (Schedule 2) and commence on the day made (reg 2; Legislative history reference).

Together, these concepts recalibrate the Act’s operational environment by specifying particular external orders to be treated as equivalent, expanding the class of institutions treated as deposit holders, and tightening the formal requirements for execution of warrants and service of documents.

The Regulations identify and bring into scope particular classes of institutions, public officers and recipients of operational documents. They do not themselves create new offences, but they change the population that will be treated as falling within defined categories of the Act (see reg 3 and reg 5).

Primary categories affected

• Institutions declared to be deposit holders (reg 5). Any institution that engages in one or more of the listed activities is declared a deposit holder “for the purposes of the definition in section 3(1) of the Act” (reg 5). The listed activities are:
  • Acting as an agent for an authorised deposit-taking institution (ADI) (reg 5(a));
  • Acting as a broker of any kind (reg 5(b));
  • Provision of accountancy services (reg 5(c));
  • Provision of betting or gaming services (reg 5(d));
  • Provision of payment services, which the Regulations define to include electronic services (reg 3; reg 5(e));
  • Money lending (reg 5(f));
  • Dealing in commodities (reg 5(g)).

Implications for those institutions

• Being declared a “deposit holder” is a definitional placement within the Act’s framework (reg 5). The Regulations do not set out the practical consequences within their own text; they connect these entities to the Act’s definition so that whatever duties, powers or liabilities the Act attaches to “deposit holders” will apply to the declared categories. The Regulations therefore change who is pulled into the Act’s net by applying the Act’s definitions to a broader set of business activities.

Public officers and operational actors

• Judicial officers: Regulation 6 prescribes content for a duplicate warrant to be used where a judicial officer has been contacted by telephone (reg 6). This affects the practice of judicial officers and the police or other officers preparing duplicate warrants.
• Police executing warrants: Schedule 1 is the prescribed notice of execution that a police officer must use where a warrant under the Act has been executed (Schedule 1). The notice requires identification of the officer and signature, details of seizure and the date of execution. The Regulations therefore affect police practice on warrant execution and the documentary record police must provide at the time of execution.
• Corporations and persons receiving notices: Regulation 8 prescribes additional manners of giving or serving notices and documents (reg 8). Corporations may be served by leaving or posting at their registered address; any person may be served by a means they have indicated as available (email, fax, document exchange) or by other means in accordance with the Uniform Civil Rules 2020 (reg 8(a)-(b)). This affects both the party providing service (it can use those means) and the party receiving it (they must be aware that indicated means may be valid service).

External regimes

• State, Territory and Commonwealth enforcement regimes: Regulation 4(2) lists nine other statutes whose orders are to be treated as “corresponding unexplained wealth orders” for the Act (reg 4(2)(a)-(i)). This affects persons who are subject to orders under those Acts, because such orders will be treated as corresponding orders under the Act.

Who does not appear to be newly affected by these Regulations

• The Regulations do not, on their face, create a new class of criminally liable individuals, nor do they add financial penalties inside the text of the Regulations. Instead they adjust definitions and procedures that will influence how the Act is applied. That means the Regulations primarily affect parties whose formal status under the Act changes (e.g., newly declared deposit holders), and operational actors who must use or recognise prescribed forms and manners of service.

Practical groups that should note the change

• Financial intermediaries and fintech providers: the definition of “payment services” (reg 3) and its inclusion at reg 5(e) signals that entities facilitating electronic payments may fall within the deposit holder declaration.
• Brokers and agents: “acting as a broker (of any kind)” (reg 5(b)) and “acting as an agent for an ADI” (reg 5(a)) are broad phrasings that capture a range of intermediaries.
• Accountants and lenders: accountancy services (reg 5(c)) and money lending (reg 5(f)) are expressly listed.
• Betting and gaming providers: regulated casinos, wagering operators and similar providers are included via reg 5(d).
• Commodities dealers: those “dealing in commodities” are listed at reg 5(g).
• Corporate administrators and company secretaries: corporations may be served at their registered address (reg 8(a)(i)-(ii)); maintenance of registered address information thus affects service reception and proof of service.

Overall, these Regulations expand the Act’s definitional capture in specific, enumerated ways and prescribe operational forms and service methods that will change administrative practice for police, judicial officers, corporations and a range of commercial service providers.

The Regulations are mainly prescriptive about form, content and definitional status. They do not, within their own text, create substantive duties such as new criminal liabilities or civil obligations; instead, they tailor how the Act’s existing duties and rights are to be operationalised by specifying who falls within defined categories and how certain actions are to be documented and served.

Duties created or clarified by the Regulations

• Use of prescribed notice form on execution of warrant: Regulation 7 prescribes the notice in Schedule 1 for the purposes of section 17(4)(a) of the Act. Schedule 1 sets out the fields and structure the executing officer must use to provide notice of the execution of a warrant, including identity of person or occupier, issuing judicial officer, date/time of issue, police officer details (name, rank, number), date of execution, and the seized items or a box indicating none were seized (Schedule 1). That prescription imposes a duty on the executing officer to use the prescribed form where section 17(4)(a) of the Act applies, because the Regulation makes that form “prescribed”.
• Duplicate warrant content requirement: Regulation 6 prescribes two additional requirements for duplicate warrants under section 16(4)(g)(ii) of the Act: the duplicate must state that it is a duplicate filled out following a telephone application to a judicial officer, and must state the date and time the judicial officer signed it (reg 6). The duty is on the officer or official producing the duplicate warrant to include those details.
• Service and notice manners: Regulation 8 prescribes additional manners in which notices, orders and documents may be given or served for the purposes of section 38 of the Act (reg 8). These manners include leaving or posting to a corporation’s registered address, using a means the person has indicated as available (for example, email, fax, document exchange), and using means in accordance with Chapter 5 Part 2 of the Uniform Civil Rules 2020 (reg 8(a)-(b)). The duty imposed on the document sender is to effect service by any of these prescribed means where appropriate; the recipient’s conduct in indicating available means affects which manners of service can be used (reg 8(b)(i)).

Rights or procedural protections embedded in the Regulations

• Right to a prescribed notice on execution: The prescribed form in Schedule 1 sets out the details that must be conveyed when a warrant is executed (Schedule 1). That operates as a procedural protection for the person searched or an occupier of premises, in that the executing officer must provide the specified information in the prescribed format where the Act requires it (reg 7).
• Specification of external orders treated as corresponding: Regulation 4(1) identifies types of orders that constitute “corresponding unexplained wealth orders” for the Act and reg 4(2) lists the relevant Acts. This clarification gives a predictable set of external orders that will be treated as equivalent under the Act, which is a right to regulatory certainty for affected persons and for agencies applying the Act,subject to the scope and definitions in those other Acts (reg 4).
• Service by indicated means: Regulation 8(b)(i) allows service by a means that the person has indicated as available (for example email), which provides a practical right for a recipient who has provided an electronic address or similar means, by making such means acceptable for service.

Matters not altered by the Regulations’ text

• Substantive powers, penalties and enforcement mechanisms: The Regulations do not themselves prescribe penalties or the substance of enforcement; they operate by filling out definitions and procedures to be applied under the Act. Any duties, offences or penalties that bind persons continue to be those established by the Act and the other listed relevant Acts; the Regulations merely specify ancillary procedural requirements and definitional inclusions (see regs 3-8; Schedule 1).

Allocation of decision-making authority

• Judicial officers remain the decision-makers for warrants: Regulation 6 requires that the duplicate warrant indicate it follows a telephone application to a judicial officer and record the date/time at which the judicial officer signed. That presupposes judicial officer decision-making (reg 6).
• Police and executing officers have documentary duties: Executing officers must complete and sign the Schedule 1 notice and provide it in the circumstances required by section 17 of the Act, as prescribed by reg 7 and Schedule 1.

In short, the Regulations prescribe how certain duties under the Act are to be performed (form and method of notices, what counts as corresponding orders, who is a deposit holder, content of duplicate warrants). They confer procedural rights through these prescriptions by standardising the information that must be provided and the acceptable manners of service.

The Regulations themselves do not create new criminal offences nor do they set out monetary penalties within their text. They are procedural and definitional instruments intended to be applied within the Act’s enforcement architecture.

Silence on penalties in the Regulations

• No penalty provisions: A reading of the Regulations shows no clause that imposes a penalty, fine, administrative sanction, or criminal offence. The instrument prescribes forms, definitions and manners of service (regs 3-8, Schedule 1) and repeals the previous Regulations (Schedule 2), but it contains no enforcement or penalty provisions of its own.
• Connection to the Act: The Regulations repeatedly reference the Act (see reg 3 definition of “Act”; references in regs 4, 5, 6, 7, 8). Enforcement and penalties, where applicable, are therefore likely located in the Act itself or in the “relevant Acts” listed in reg 4(2). Because the Regulations do not reproduce the enforcement provisions from the Act, one must look to the Act for the statutory powers and penalties that will be exercised using the processes the Regulations prescribe.

Enforcement mechanisms implicated by the Regulations

• Warrant execution and seizure: Schedule 1 is the prescribed notice where a warrant under the Act is executed (reg 7; Schedule 1). The practical enforcement mechanism implicated is seizure under a warrant. The Regulations require an executing officer to record and communicate specific details on execution (officer identity and signature, date, list of seized items). The Regulations therefore structure the evidentiary record of enforcement action.
• Service of notices and orders: Regulation 8 prescribes manners of service (reg 8). Effective service is central to enforcement of orders. By prescribing alternative service methods,leaving/posting at registered address, service by indicated electronic means, or service in accordance with the Uniform Civil Rules,the Regulations change the available tools for effecting service of enforcement-related documents. The practical enforcement effect is that parties may be found to have been served where service is effected in one of these prescribed ways, which in turn can trigger statutory consequences under the Act or an order being brought into force.

Implications of the Regulations’ silence on sanctions

• The absence of penalties in the Regulations means one must rely on the Act and the listed relevant Acts for substantive enforcement and sanctioning power. The Regulations nevertheless affect enforcement outcomes indirectly by defining who is a deposit holder (reg 5), what external orders qualify (reg 4) and how service and warrant documentation must be carried out (regs 6-8). These definitional and procedural prescriptions will therefore influence how enforcement powers in the Act are exercised and proved, even though the Regulations do not themselves impose penalties.

Proof, record-keeping and contestability

• The prescribed notice in Schedule 1 requires specific information and a signature by the executing police officer (Schedule 1). The completeness and accuracy of that notice will be material evidence in any subsequent challenge or enforcement proceeding under the Act. Similarly, adherence to the duplicate warrant requirements in reg 6 (date/time and statement that the application was by telephone) will be relevant to the legality and challengeability of warrants obtained by telephone.

In summary, enforcement and penalties flow from the Act and the other relevant statutes; the Regulations supply the procedural and documentary scaffolding that supports enforcement action. The Regulations influence enforcement outcomes by making certain proofs and procedural routes available or prescribed, but they do not themselves impose punitive sanctioning provisions.

The Regulations explicitly cross-reference a number of Commonwealth, State and Territory statutes and a set of procedural rules, thereby integrating the Act’s operation with other statutory regimes and civil procedure rules. These cross-references determine what external orders are treated as equivalent, the procedural avenues for service, and the point at which earlier subordinate legislation is replaced.

Treatment of external orders as corresponding unexplained wealth orders

• Regulation 4(1) declares that three kinds of orders are to be regarded as “corresponding unexplained wealth orders” for the purposes of section 3(1) of the Act: orders requiring payment for property/benefits not lawfully acquired; orders similar to literary proceeds orders under the Criminal Assets Confiscation Act 2005; and “recognised Australian pecuniary penalty orders” within the meaning of the Criminal Assets Confiscation Act 2005 (reg 4(1)(a)-(c)). This creates a legal bridge between the Act and criminal property/confiscation regimes.
• Regulation 4(2) then lists nine specific “relevant Acts” from other jurisdictions whose orders will be treated as corresponding unexplained wealth orders: (a) Criminal Assets Recovery Act 1990 (NSW); (b) Confiscation of Proceeds of Crime Act 1989 (NSW); (c) Confiscation Act 1997 (Vic); (d) Criminal Proceeds Confiscation Act 2002 (Qld); (e) Criminal Property Confiscation Act 2000 (WA); (f) Crimes (Confiscation of Profits) Act 1993 (Tas); (g) Criminal Property Forfeiture Act 2002 (NT); (h) Confiscation of Criminal Assets Act 2003 (ACT); and (i) Proceeds of Crime Act 2002 (Cth) (reg 4(2)(a)-(i)). By naming those Acts, the Regulations create a predictable list of external statutory orders that the Act may treat as equivalent to its own unexplained wealth orders.

Interaction with the Criminal Assets Confiscation Act 2005

• Regulation 4 makes explicit references to concepts drawn from the Criminal Assets Confiscation Act 2005: “literary proceeds orders” and “recognised Australian pecuniary penalty orders (within the meaning of the Criminal Assets Confiscation Act 2005)” (reg 4(1)(b)-(c)). The Regulations therefore import terminology or qualification that relies on that Commonwealth statute for meaning. The Regulations do not define “literary proceeds order” or “pecuniary penalty order” themselves; they rely on the meaning ascribed in the Criminal Assets Confiscation Act 2005.

Service and civil-procedure rules

• Regulation 8(b)(ii) permits service “by any other means in accordance with Chapter 5 Part 2 of the Uniform Civil Rules 2020 made under the Supreme Court Act 1935, the District Court Act 1991 and the Magistrates Court Act 1991 and as in force from time to time” (reg 8(b)(ii)). This provision imports by reference the methods and rules of service in the Uniform Civil Rules 2020 as in force on the date of use, and therefore makes the Act’s service options responsive to changes in those civil procedure rules. This creates an ongoing linkage: amendments to the Uniform Civil Rules will alter the available means of service under the Act as reflected by the Regulations.

Repeal of prior subordinate legislation

• Schedule 2 expressly repeals the Serious and Organised Crime (Unexplained Wealth) Regulations 2010 (Schedule 2). That repeal creates a straight substitution of the 2010 subordinate instrument with the 2025 Regulations for matters governed by subordinate rules. Parties must therefore check the 2025 Regulations rather than the 2010 Regulations for current procedural prescriptions.

Points of cross-jurisdictional interaction and interpretive reliance

• Because the Regulations adopt orders under other State/Territory/Commonwealth Acts as corresponding unexplained wealth orders (reg 4), and rely on the meaning of certain terms in the Criminal Assets Confiscation Act 2005 (reg 4(1)(b)-(c)), reading the Regulations requires reference to those external Acts to determine the scope of what is treated as corresponding. The Regulations therefore create interpretive dependencies: understanding what legal instruments or orders are captured will often require consulting the external Acts listed in reg 4(2) and the Criminal Assets Confiscation Act 2005 for the meanings of terms used.
• The Regulations’ incorporation by reference of the Uniform Civil Rules 2020 for service methods (reg 8(b)(ii)) means that the Act’s procedural operation will follow general civil service rules, including any rules in Chapter 5 Part 2 that govern non-personal or substituted service.

In sum, the Regulations do not operate in isolation. They deliberately tie the Act to other federal and state confiscation regimes for the recognition of corresponding orders, and they tie procedural steps like service to the Uniform Civil Rules. Both linkages mean that practitioners will need to consult those external instruments when applying the Act and these Regulations.

The Regulations themselves are succinct and contain an embedded legislative-history note that records their originating instrument, commencement and the repeal of the previous subordinate instrument. The text provides the following concrete amendment and commencement data:

• Citation and year: The Regulations are the Serious and Organised Crime (Unexplained Wealth) Regulations 2025 (reg 1).
• Commencement: Regulation 2 provides that the Regulations “come into operation on the day on which they are made.” The Legislative history block records the principal regulations as Year 2025, No. 70, Gazette 31.7.2025 p2878, and indicates commencement by reference to reg 2 on 31.7.2025.
• Repeal of prior regulations: Schedule 2 expressly repeals the Serious and Organised Crime (Unexplained Wealth) Regulations 2010 (Schedule 2). That is the only express repeal or replacement in the instrument; no other amendments to previous statutory text are recorded in these Regulations.
• No amendments recorded in the instrument itself: The Regulations include no transitional provisions, saving clauses or staged commencements. They come into force immediately on the day made (reg 2) and replace the 2010 Regulations by the express repeal in Schedule 2.

Consequences of the recorded amendment steps

• Immediate replacement: Because the 2025 Regulations commence on the day they are made and Schedule 2 repeals the 2010 Regulations, the 2025 Regulations are the operative subordinate instrument from that moment forward for the matters they regulate.
• Single-step substitution: The Regulations do not stage in parts or save certain provisions of the 2010 Regulations; Schedule 2 effects a simple repeal. This means that any procedural practices that relied on the 2010 Regulations must be adapted to comply with the prescriptions in the 2025 Regulations immediately as of their commencement date.
• No recorded schedules of amendment: The Regulations provide no history of prior amendments or tweaks within the instrument itself; the legislative history entry simply records the principal instrument details (No. 70, Gazette reference, commencement date). Any subsequent amendments to the Regulations would be recorded separately in the South Australian legislation database.

Practical action points from the amendment history

• Replace templates: Agencies and operational actors should replace any copies of the 2010 Regulations and associated forms with the 2025 text and Schedule 1 notice immediately upon commencement.
• Check cross-references: Because the Regulations rely on external statutes and the Uniform Civil Rules 2020 (reg 4 and reg 8), practitioners should ensure they are consulting the current versions of those instruments, particularly where the Regulations import by reference (for example, “as in force from time to time” in reg 8(b)(ii)). Changes to those external instruments could affect operational practice under the Act as mediated by the Regulations.

The Regulations’ own legislative-history block is compact and records only the 2025 instrument’s principal particulars and repeal of the 2010 Regulations. No other amendment steps or historical layering are recorded in the instrument itself.

The text of the Regulations contains no reference to litigation, cases, judgments, or prior judicial interpretation. The instrument does not name or cite any court decisions, nor does it include any transitional judicial provisions or references to case law. Two practical consequences follow from that absence, grounded in the Regulations themselves.

No recorded cases or judicial guidance in the Regulations

• The Regulations do not include or rely on judicial decisions for their meaning or operation. They are a subordinate legislative instrument that prescribes forms, definitions and manners of service for the Act and does not itself record any litigation history.

Implications for interpretive certainty

• Lack of embedded precedent: Because no decisions are referenced in the Regulations, their operation and how they will be applied in contested contexts will depend on subsequent practice and any judicial consideration of the Act and its subordinate instruments. The Regulations set out clear textual prescriptions, but areas that hinge on interpretation of cross-referenced statutes (for example, the meaning of “recognised Australian pecuniary penalty orders” within the meaning of the Criminal Assets Confiscation Act 2005, or the content of orders under the various “relevant Acts” listed in reg 4(2)) will require examination of those external statutes and any case law under them for a fully rounded legal position.
• Future litigation likely to engage the Act and external statutes: Given the Regulations’ function of importing orders from multiple jurisdictions and referring to external procedural rules, the first instances of litigation involving the Regulations are likely to be about the correct interpretation of those imported terms, the interaction between the Act and the listed relevant Acts, and the validity of process where the prescribed forms or service methods are contested. None of that litigation history is recorded in the Regulations themselves.

Practical guidance arising from the absence of litigation history

• Reliance on statutory text and operational best practice: Until courts consider the Act and these Regulations together, practitioners should rely closely on the Regulations’ text for procedural compliance,complete Schedule 1 notices where required, include the required statements in duplicate warrants, and effect service using the prescribed means in regulation 8 where appropriate.
• Anticipate judicial review of integration points: Areas where the Regulations import meanings from the Criminal Assets Confiscation Act 2005 or where the Uniform Civil Rules 2020 are incorporated by reference (reg 4 and reg 8(b)(ii)) present likely focal points for interpretation if and when litigation occurs. Absent case law in the Regulations, practitioners should be cautious and document steps taken to comply with the Regulations’ prescriptions.

In short, the Regulations contain no litigation history themselves. The likely litigation landscape will involve application questions that arise from the Regulations’ cross-references to the Act, the Criminal Assets Confiscation Act 2005, the listed State/Territory Acts, and the Uniform Civil Rules 2020.

The Regulations are short but contain several practical traps and operational details that can cause non-compliance or contested process if overlooked. These “gotchas” are grounded in the Regulations’ specific wording and cross-references.

1. Broad scope of “deposit holder” declaration (reg 5)

• The list of activities in regulation 5 is broad and sometimes generic: “acting as a broker (of any kind)” (reg 5(b)), “provision of payment services” (reg 5(e)) and “dealing in commodities” (reg 5(g)). Entities that may not self-identify as “banks” or traditional deposit-holders,such as brokers, fintech payment providers, payment facilitators, commodity dealers, or firms that act as ADI agents,are explicitly captured. The consequence is a definitional capture rather than an operationally limited list; practitioners should examine whether their activity falls within any listed category because the Regulations declare such entities to be deposit holders “for the purposes of the definition in section 3(1) of the Act” (reg 5).

2. “Payment services” includes electronic means (reg 3; reg 5(e))

• The Regulations’ definition of “payment services” expressly includes services provided by electronic means (reg 3). Some online platforms, payment gateways or electronic-wallet providers may therefore be caught by the deposit holder declaration. The Regulations do not provide thresholds (volume, value, licencing) for capture, so a narrow technical service could be included if it meets the textual description.

3. Duplicate warrant minutiae , telephone applications (reg 6)

• Where a judicial officer is contacted by telephone, the duplicate warrant must include two very specific items: a statement that it is a duplicate and that it was filled out following a telephone application, and the date and time the judicial officer signed it (reg 6(a)-(b)). Omitting one of these particulars could render the duplicate warrant technically non-compliant with regulation 6. The Regulations do not specify remedies for omission; failure to comply could be relied on in subsequent challenges to the warrant’s validity.

4. Prescribed notice form contains alternate boxes and signature requirements (reg 7; Schedule 1)

• The prescribed notice in Schedule 1 requires the executing officer to complete particular fields and to tick whether documents or articles were seized; if seized, details must be provided. The form also requires the signature of the police officer who executed the warrant (Schedule 1). Incomplete completion (for example, leaving boxes blank, failing to attach additional pages for seized items, or omission of signature) could be argued to be non-compliant with the “prescribed” form requirement (reg 7), with potential evidential or procedural consequences.

5. Corporations may be served at the registered address (reg 8(a))

• Regulation 8(a)(i) and (ii) allow service on a corporation by leaving a document at, or posting it to, the corporation’s registered address. If a corporation’s registered address is outdated, service effected to that address may nonetheless constitute valid service under the Regulations. Practitioners who rely on old registered address details or who fail to maintain an up-to-date registered address risk unwittingly forfeiting notice or creating a service-related dispute.

6. Service by “means indicated” creates evidentiary burden (reg 8(b)(i))

• Regulation 8(b)(i) permits service “by a means indicated by the person as being an available means of service (such as by email, fax or by delivering it, addressed to the person, to the facilities of a document exchange).” Using an electronic means requires the sender to prove the person indicated it as available. Absent documentary evidence that the person provided that contact detail or indicated the means, the sender may face contested service arguments.

7. Incorporation of external rules “as in force from time to time” (reg 8(b)(ii))

• Regulation 8(b)(ii) imports Chapter 5 Part 2 of the Uniform Civil Rules 2020 “as in force from time to time.” That phrasing means procedural avenues for service can change without amendment to these Regulations. Parties relying on a particular method of service should monitor amendments to the Uniform Civil Rules, because those changes will alter service options under the Act via these Regulations.

8. Reliance on terms defined externally (reg 4(1)(b)-(c); reg 4(2))

• The Regulations use terms that are defined, or whose meaning is found, in other statutes,most obviously the Criminal Assets Confiscation Act 2005 for “literary proceeds orders” and “recognised Australian pecuniary penalty orders,” and the list of relevant Acts in reg 4(2). Understanding exactly what orders qualify as corresponding unexplained wealth orders therefore requires consulting those external statutes. A practitioner who ignores those external definitions risks misapplying the “corresponding unexplained wealth order” concept.

9. Immediate repeal of 2010 Regulations (Schedule 2)

• The 2010 Regulations are repealed by Schedule 2. Entities and agencies must transition to the new prescriptions immediately on commencement; continuing to rely on the 2010 instrument could lead to procedural non-compliance.

10. No penalty or remedial guidance in the Regulations

• Because the Regulations do not set out penalties or remedial consequences, parties cannot look to the Regulations for guidance on sanctions for non-compliance; they must consult the Act and the relevant Acts listed in reg 4(2). This can create an evidentiary or interpretive gap in operational contexts.

In short, the main practical pitfalls are definitional breadth, documentary/formic exactness, service proof and the importation of external meanings and civil rules. Each of these creates a small technical requirement that, cumulatively, increases the risk of successful procedural challenges if overlooked.

Compliance with these Regulations requires concrete administrative and operational changes by agencies, executing officers, institutions declared to be deposit holders and those responsible for accepting or effecting service. The Regulations are prescriptive; compliance is documentary, procedural and definitional. The following steps are derived directly from the Regulations’ clauses.

1. Update internal lists and legal classification processes

• Entities that provide any of the activities listed in regulation 5 should assess whether they are “deposit holders” for the purposes of section 3(1) of the Act (reg 5). The listed activities are:
  • acting as an agent for an ADI (reg 5(a));
  • acting as a broker (of any kind) (reg 5(b));
  • provision of accountancy services (reg 5(c));
  • provision of betting or gaming services (reg 5(d));
  • provision of payment services (including electronic) (reg 3; reg 5(e));
  • money lending (reg 5(f));
  • dealing in commodities (reg 5(g)).
• Action: run a compliance mapping exercise to determine whether the entity’s functions fall within any itemised activity. Record the legal rationale for the classification and flag downstream obligations under the Act that may follow from being a deposit holder.

2. Adopt and use the prescribed notice form (Schedule 1) for warrant execution

• Where a warrant under the Act is executed and section 17(4)(a) of the Act applies, use the notice in Schedule 1 as the prescribed form (reg 7; Schedule 1).
• Schedule 1 calls for specific content: identity of the person or occupier, details of issuing judicial officer, date/time of issue, details of execution (police officer name, rank, number), date of execution, seizure box and details, and signature of the executing police officer (Schedule 1).
• Action: print, digitise and incorporate Schedule 1 into standard operating procedures for warrant execution. Train officers to fill all fields, tick the correct seizure box, attach additional pages where seized items exceed space, and ensure signature and officer ID data are present.

3. Ensure duplicate warrants comply with telephone-application requirements

• Where a judicial officer is contacted by telephone and a duplicate warrant is used under section 16(4)(g)(ii) of the Act, the duplicate warrant must:
  • Specify that it is a duplicate and has been filled out following the making of an application to a judicial officer by telephone; and
  • Specify the date and time on which, and time at which, the judicial officer signed the warrant (reg 6).
• Action: create templates for duplicate warrants that include these mandatory phrases and fields; log telephone applications with timestamped records and ensure the judicial officer’s signing date/time is recorded and transcribed into the duplicate warrant.

4. Manage service methods and contact details

• Regulation 8 prescribes additional manners of giving or serving notices and documents: for corporations, leaving or posting at registered address is acceptable (reg 8(a)(i)-(ii)); more generally, service may be effected by a means indicated by the person (email, fax, document exchange) or by other means under Chapter 5 Part 2 of the Uniform Civil Rules 2020 (reg 8(b)(i)-(ii)).
• Action:
  • Corporations: ensure corporate registered addresses are accurate and updated with ASIC or the relevant registry; if you are a corporate recipient, note that service at registered address may be effective even if you have not received the document physically.
  • Persons who prefer electronic service: record and retain evidence that the person has indicated a particular means of service (for example, a signed document or explicit written confirmation) so that proof of availability is available if service is contested.
  • Service officers: adopt standard operating procedures that document the method used, the address/email/fax or document exchange details, time/date of sending, and any delivery confirmation.

5. Document retention and evidentiary practice

• Although the Regulations do not prescribe record-keeping durations, the procedural prescriptions make documentary proof central to compliance in contested proceedings.
• Action: retain copies of completed Schedule 1 notices, duplicate warrants with the required telephone-application statements, logs of telephone applications to judicial officers, and proof of service (registered-post receipts, delivery confirmations, emails, document exchange receipts). Store these records in a way that they can be produced if a party contests legality or service.

6. Cross-reference external statutes where needed

• For questions about what counts as a corresponding unexplained wealth order, consult the list of relevant Acts in regulation 4(2) (reg 4(2)(a)-(i)) and the Criminal Assets Confiscation Act 2005 for the meaning of “literary proceeds orders” and “recognised Australian pecuniary penalty orders” where those terms are relied upon (reg 4(1)(b)-(c)). The Regulations presuppose interpretation of external statutory concepts.
• Action: incorporate a workflow to consult the external Acts listed in reg 4(2) and the Criminal Assets Confiscation Act 2005 before treating an order as a corresponding unexplained wealth order. Document the analysis and statutory basis for treating a particular external order as corresponding.

7. Train operational staff

• Police, court officers, and agency staff who execute warrants or effect service must be trained on the new form and service methods. Specific training points include:
  • How to complete Schedule 1 fully and accurately (Schedule 1);
  • How to prepare duplicate warrants following telephone applications (reg 6);
  • How to effect and prove service under regulation 8, including use of registered address, person-indicated electronic means, and the Uniform Civil Rules 2020 where necessary.

8. Replace old templates and confirm repeal of 2010 Regulations

• Schedule 2 repeals the 2010 Regulations. Agencies must withdraw obsolete templates, forms and internal guidance that referred to the 2010 Regulations and replace them with updated materials based on the 2025 Regulations.
• Action: conduct an audit to ensure no reliance on the 2010 Regulations remains in policy or practice.

9. Monitor the Uniform Civil Rules 2020 and external Acts for changes

• Because regulation 8(b)(ii) imports the Uniform Civil Rules 2020 “as in force from time to time,” changes to those rules will affect available service methods.
• Action: assign responsibility to monitor amendments to the Uniform Civil Rules 2020 and to the external “relevant Acts” listed in reg 4(2), and update internal procedures accordingly.

10. Maintain a compliance checklist

• Practical checklist items:
  • Is the entity captured as a deposit holder under reg 5?
  • Are duplicate warrants filled using the reg 6 template and logged with date/time?
  • Is Schedule 1 used and fully completed for warrant execution?
  • Are service attempts logged and proof of service retained, including evidence the recipient indicated an available electronic means?
  • Are corporate registered addresses current?
  • Have all references to the 2010 Regulations been removed?

Following these steps will align an entity’s practices to the specific prescriptions of the Regulations. The Regulations are procedural and documentary in nature; compliance turns on adopting the prescribed forms, ensuring required statements are included, proving service by the prescribed means, and documenting the decisions that invoke the cross-referenced statutes.