1Name of regulation
This regulation is the Confiscation of Criminal Assets Regulation 2003.
Parliamentary material from the ACT Legislation Register and ACT Hansard. Links open the official source in a new tab.
This regulation is the Confiscation of Criminal Assets Regulation 2003.
A note included in this regulation is explanatory and is not part of this regulation.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
The following laws are declared to be corresponding laws:
Confiscation of Proceeds of Crime Act 1989 (NSW);
Criminal Assets Recovery Act 1990 (NSW);
Confiscation Act 1997 (Vic);
Criminal Proceeds Confiscation Act 2002 (Qld);
Criminal Property Confiscation Act 2000 (WA);
Criminal Assets Confiscation Act 2005 (SA);
Serious and Organised Crime (Unexplained Wealth) Act 2009 (SA);
Crime (Confiscation of Profits) Act 1993 (Tas);
Criminal Property Forfeiture Act 2002 (NT).
Corresponding law orders under the following provisions are prescribed:
Confiscation of Proceeds of Crime Act 1989 (NSW), section 43;
Criminal Assets Recovery Act 1990 (NSW), section 10A;
Confiscation Act 1997 (Vic), section 18 and section 40I;
Criminal Proceeds Confiscation Act 2002 (Qld), section 31, section 122 and section 208 (6);
Criminal Property Confiscation Act 2000 (WA), section 34 and section 43;
Criminal Assets Confiscation Act 2005 (SA), section 24;
Serious and Organised Crime (Unexplained Wealth) Act 2009 (SA), section 20;
Crime (Confiscation of Profits) Act 1993 (Tas), section 26;
Criminal Property Forfeiture Act 2002 (NT), section 40, section 43 and section 44.
The following corresponding law orders are also prescribed:
an order consenting to the making of an order prescribed under subsection (1);
an order varying an order prescribed under subsection (1);
an order varying the property to which an order prescribed under subsection (1) relates.
Corresponding law orders under the following provisions are prescribed:
Criminal Proceeds Confiscation Act 2002 (Qld), section 163;
Confiscation Act 1997 (Vic), section 35;
Criminal Property Confiscation Act 2000 (WA), section 30 if the property was confiscated under that Act, section 8 (1);
Criminal Assets Confiscation Act 2005 (SA), section 77;
Criminal Property Forfeiture Act 2002 (NT), section 94.
The following corresponding law orders are also prescribed:
an order varying an order prescribed under subsection (1);
an order varying the property to which an order prescribed under subsection (1) relates.
Corresponding law orders under the following provisions are prescribed:
Criminal Assets Recovery Act 1990 (NSW), section 22 and section 31A;
Confiscation Act 1997 (Vic), part 4;
Criminal Proceeds Confiscation Act 2002 (Qld), section 58;
Criminal Property Confiscation Act 2000 (WA)—
section 28 if the order is made otherwise than in relation to a relevant confiscation offence for which the person has been convicted; and
section 30 if the property was confiscated under that Act, section 6, 7 or 8 (2);
Criminal Property Forfeiture Act 2002 (NT), section 96 and section 97.
The following corresponding law orders are also prescribed:
an order consenting to the making of an order prescribed under subsection (1);
an order varying an order prescribed under subsection (1);
an order varying the property to which an order prescribed under subsection (1) relates.
In this section:
relevant confiscation offence—see the Criminal Property Confiscation Act 2000 (WA), glossary.
Corresponding law orders under the following provisions are prescribed:
Confiscation of Proceeds of Crime Act 1989 (NSW), section 18;
Confiscation Act 1997 (Vic), division 3.1;
Criminal Proceeds Confiscation Act 2002 (Qld), section 151;
Criminal Property Confiscation Act 2000 (WA), section 28 if the order is made in relation to a relevant confiscation offence for which a person has been convicted;
Crime (Confiscation of Profits) Act 1993 (Tas), section 16.
The following corresponding law orders are also prescribed:
an order consenting to the making of an order prescribed under subsection (1);
an order varying an order prescribed under subsection (1);
an order varying the property to which an order prescribed under subsection (1) relates.
In this section:
relevant confiscation offence—see the Criminal Property Confiscation Act 2000 (WA), glossary.
Corresponding law orders under the following provisions are prescribed:
Confiscation of Proceeds of Crime Act 1989 (NSW), section 24 and section 29;
Criminal Assets Recovery Act 1990 (NSW), section 27;
Confiscation Act 1997 (Vic), part 8;
Criminal Proceeds Confiscation Act 2002 (Qld), section 78, section 184 and section 202;
Criminal Property Confiscation Act 2000 (WA), section 12, section 16, section 17 and section 22;
Criminal Assets Confiscation Act 2005 (SA), section 95;
Crime (Confiscation of Profits) Act 1993 (Tas), section 21;
Criminal Property Forfeiture Act 2002 (NT), section 71, section 75, section 76 and section 81.
The following corresponding law orders are also prescribed:
an order consenting to the making of an order prescribed under subsection (1);
an order varying an order prescribed under subsection (1).
Corresponding law orders under the following provisions are prescribed:
Criminal Assets Recovery Act 1990 (NSW), section 28A and section 31B;
Criminal Proceeds Confiscation Act 2002 (Qld), section 89G;
Criminal Property Confiscation Act 2000 (WA), section 12;
Serious and Organised Crime (Unexplained Wealth) Act 2009 (SA), section 9;
Crime (Confiscation of Profits) Act 1993 (Tas), section 142;
Criminal Property Forfeiture Act 2002 (NT), section 71.
The following corresponding law orders are also prescribed:
an order consenting to the making of an order prescribed under subsection (1);
an order varying an order prescribed under subsection (1);
an order varying the property to which an order prescribed under subsection (1) relates.
If a police officer proposes that property should be restrained under the Act, a police officer must give the director of public prosecutions written notice of—
the property to which the proposal relates; and
the name and address of anyone whom the police officer believes has an interest in the property.
Note If a form is approved under the Act, s 259 for a notice, the form must be used.
The notice may include any other information the police officer considers appropriate.
A failure by a police officer to comply with this section does not invalidate an application for a restraining order under the Act.
The substances mentioned in schedule 1 are prescribed.
The annual fee is 1.1% of the amount paid into the trust fund each financial year.