This regulation may be cited as the Criminal Proceeds Confiscation Regulation 2013.
Each offence mentioned in schedule 1 is a serious criminal offence for section 17(1)(b) of the Act.
Each offence mentioned in schedule 2 is a confiscation offence for section 99(e) of the Act.
(1)Each law mentioned in schedule 3 corresponds to the Act for schedule 6 of the Act, definition corresponding law.(2)Each of the following repealed laws is, despite its repeal, taken to be a corresponding law to the extent necessary to enable an order made under the repealed Act, whether before or after the repeal, to be filed under the Act—(a)the Crimes (Confiscation of Profits) Act 1986 (Vic);(b)the Crimes (Confiscation of Profits) Act 1988 (WA).For provisions about the filing of interstate orders see chapter 7 (Interstate orders and warrants), part 2 (Provisions about filing interstate orders) of the Act.
An order made under a provision mentioned in schedule 4 is an interstate forfeiture order for schedule 6 of the Act, definition interstate forfeiture order.
6Interstate pecuniary penalty orders
An order made under a provision mentioned in schedule 5 is an interstate pecuniary penalty order for schedule 6 of the Act, definition interstate pecuniary penalty order.
7Interstate restraining orders
An order made under a provision mentioned in schedule 6 is an interstate restraining order for schedule 6 of the Act, definition interstate restraining order.
8When Magistrates Court may make forfeiture order for real property
For section 150(2) of the Act, a Magistrates Court may make a forfeiture order for real property only if the total value of the real property and all other property the court is required to take into consideration under section 150(1) of the Act is not more than the limit of a Magistrates Court’s civil jurisdiction.
The Criminal Proceeds Confiscation Regulation 2002, SL No. 367 is repealed.
1an offence against section 252(1) of the Act
2an offence against any of the following provisions of the Criminal Code—•section 229H(1)•section 229I(1)•section 229K(2)
3an offence against the Drugs Misuse Act 1986, section 10A(1) or (3)
4an offence against the Prostitution Act 1999, section 70
an offence against any of the following—sch 1 amd 2020 SL No. 165 s 3
•the Prostitution Act 1999, section 73(1)
•the Racing Act 2002
•the repealed Racing and Betting Act 1980
1Confiscation of Criminal Assets Act 2003 (ACT)
2Confiscation of Proceeds of Crime Act 1989 (NSW)
3Criminal Assets Recovery Act 1990 (NSW)
4Criminal Property Forfeiture Act 2002 (NT)
5Criminal Assets Confiscation Act 2005 (SA)
6Serious and Organised Crime (Unexplained Wealth) Act 2009 (SA)
7Crime (Confiscation of Profits) Act 1993 (Tas)
8Confiscation Act 1997 (Vic)
9Criminal Property Confiscation Act 2000 (WA)
sch 3 sub 2020 SL No. 165 s 4
1Confiscation of Criminal Assets Act 2003 (ACT), sections 54, 59 and 67
2Confiscation of Proceeds of Crime Act 1989 (NSW), sections 18 and 32
3Criminal Assets Recovery Act 1990 (NSW), sections 22, 29 and 31A
4Criminal Property Forfeiture Act 2002 (NT), sections 94, 96, 97, 99, 100 and 101
5Criminal Assets Confiscation Act 2005 (SA), sections 47, 48, 56B and 77
6Crime (Confiscation of Profits) Act 1993 (Tas), sections 16 and 152
7Confiscation Act 1997 (Vic), sections 33, 34, 34C, 36, 36F, 36GB, 38, 39 and 40ZB
8Criminal Property Confiscation Act 2000 (WA), sections 22, 28 and 30
9the repealed Crimes (Confiscation of Profits) Act 1986 (Vic), section 7
10the repealed Crimes (Confiscation of Profits) Act 1988 (WA), section 10
sch 4 sub 2020 SL No. 165 s 4
1Confiscation of Criminal Assets Act 2003 (ACT), sections 84 and 85
2Confiscation of Proceeds of Crime Act 1989 (NSW), sections 24 and 29
3Criminal Assets Recovery Act 1990 (NSW), sections 27, 28A and 31B
4Criminal Property Forfeiture Act 2002 (NT), sections 71, 75, 76 and 81
5Criminal Assets Confiscation Act 2005 (SA), sections 95 and 111
6Crime (Confiscation of Profits) Act 1993 (Tas), section 21
7Confiscation Act 1997 (Vic), part 8
8Criminal Property Confiscation Act 2000 (WA), sections 12, 16, 17 and 22
9the repealed Crimes (Confiscation of Profits) Act 1986 (Vic), section 12
10the repealed Crimes (Confiscation of Profits) Act 1988 (WA), section 15
sch 5 sub 2020 SL No. 165 s 4
1Confiscation of Criminal Assets Act 2003 (ACT), sections 30 and 31
2Confiscation of Proceeds of Crime Act 1989 (NSW), sections 22, 42L, 42M and 43
3Criminal Assets Recovery Act 1990 (NSW), section 10A
4Criminal Property Forfeiture Act 2002 (NT), sections 40, 43 and 44
5Criminal Assets Confiscation Act 2005 (SA), section 24
6Serious and Organised Crime (Unexplained Wealth) Act 2009 (SA), section 20
7Crime (Confiscation of Profits) Act 1993 (Tas), sections 26, 116 and 118
8Confiscation Act 1997 (Vic), sections 18, 36M and 40I
9Criminal Property Confiscation Act 2000 (WA), sections 34 and 43
10the repealed Crimes (Confiscation of Profits) Act 1986 (Vic), section 16
11the repealed Crimes (Confiscation of Profits) Act 1988 (WA), section 20
sch 6 sub 2020 SL No. 165 s 4