Criminal Assets Confiscation Regulations 2021

These regulations may be cited as the

Criminal Assets Confiscation

Regulations 2021.

These regulations come into operation on the day on which they are made.

In these regulations—

Act means the Criminal Assets Confiscation

Act 2005;

South Australia Police means South Australia

Police under the Police

Act 1998.

For the purposes of the definition of enforcement agency in section 3(1) of the Act, South Australia Police is prescribed for the purposes of the Act.

For the purposes of the definition of financial institution in section 3(1) of the Act, an institution that carries on a business involving—

the acceptance of money on deposit or by way of investment;

or

the acceptance of money for the purpose of securing it in a safety deposit box or other safe custody facility, is declared to be a financial institution.

For the purposes of the definition of protected property in section 3(1) of the Act, the following is declared to be protected property:

moveable contents of premises;

personal effects;

animals and plants.

In this regulation—

motor vehicle has the same meaning as in the

Road Traffic

Act 1961;

moveable contents of premises means contents of premises (not being a fixture), other than the following:

artwork;

furniture that is 100 years old or older;

hydroponic equipment within the meaning of the

Hydroponics Industry Control

Act 2009;

jewellery (not including wedding rings);

cash (including foreign currency);

gold, silver, platinum and copper;

motor vehicles (not including wheelchairs);

boats;

trailers;

caravans;

firearms;

stock-in-trade or items used for business purposes;

packaged liquor that has not been opened;

packaged liquor has the same meaning as in the

Liquor Licensing

Act 1997;

personal effect means an item normally worn or carried on the person but does not include jewellery (other than wedding rings);

premises includes any structure, building, vessel or place (whether built on or not), and any part of any such structure, building, vessel or place.

For the purposes of the definition of recognised

Australian forfeiture order in section 3(1) of the Act, the following orders are declared to be within that definition:

an assets forfeiture order under the

Criminal Assets Recovery Act

1990 of New South Wales;

a forfeiture order under the Confiscation of Proceeds of Crime Act 1989 of

New South Wales;

a forfeiture order or civil forfeiture order under the

Confiscation Act 1997 of

Victoria;

a forfeiture order or special forfeiture order under the

Criminal Proceeds Confiscation Act

2002 of Queensland;

an old forfeiture order or old special forfeiture order within the meaning of the Criminal Proceeds

Confiscation Act 2002 of Queensland;

an order under the Criminal

Property Confiscation Act 2000 of Western Australia of a nature similar to a forfeiture order under the Act;

a forfeiture order under the Crimes (Confiscation of Profits) Act 1993 of

Tasmania;

a forfeiture order under the Criminal Property Forfeiture Act 2002 of the

Northern Territory;

a forfeiture order under the Crimes (Forfeiture of Proceeds) Act 1988 of the Northern Territory (as in force immediately before the repeal of that

Act);

a forfeiture order under the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory;

a forfeiture order under the Proceeds of Crime Act 1991 of the Australian

Capital Territory (as in force immediately before the repeal of that

Act);

a forfeiture order under the Proceeds of Crime Act 2002 of the

Commonwealth;

a forfeiture order under the Proceeds of Crime Act 1987 of the

Commonwealth.

For the purposes of the definition of recognised

Australian pecuniary penalty order in section 3(1) of the Act, the following orders are declared to be within that definition:

a proceeds assessment order under the

Criminal Assets Recovery Act

1990 of New South Wales;

a drug proceeds order or pecuniary penalty order under the

Confiscation of Proceeds of Crime Act

1989 of New South Wales;

a pecuniary penalty order under the Confiscation Act 1997 of

Victoria;

a pecuniary penalty order under the Criminal Proceeds Confiscation Act 2002 of

Queensland;

an old pecuniary penalty order within the meaning of the

Criminal Proceeds Confiscation Act

2002 of Queensland;

a criminal benefits order under the Criminal Property Confiscation Act 2000 of

Western Australia or other order under that Act of a nature similar to a pecuniary penalty order under the Act;

a pecuniary penalty order under the Crimes (Confiscation of Profits) Act 1993 of

Tasmania;

a criminal benefits declaration under the

Criminal Property Forfeiture Act

2002 of the Northern Territory;

a pecuniary penalty order under the Crimes (Forfeiture of Proceeds) Act 1988 of the Northern Territory (as in force immediately before the repeal of that

Act);

a penalty order under the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory;

a pecuniary penalty order under the Proceeds of Crime Act 1991 of the Australian

Capital Territory (as in force immediately before the repeal of that

Act);

a pecuniary penalty order under the Proceeds of Crime Act 2002 of the

Commonwealth;

a pecuniary penalty order under the Proceeds of Crime Act 1987 of the

Commonwealth.

For the purposes of the definition of recognised

Australian restraining order in section 3(1) of the Act, the following orders are declared to be within that definition:

a restraining order under the Criminal Assets Recovery Act 1990 of New South

Wales;

a restraining order under the Confiscation of Proceeds of Crime Act 1989 of

New South Wales;

a restraining order under the Confiscation Act 1997 of

Victoria;

a civil forfeiture restraining order under the

Confiscation Act 1997 of

Victoria;

a restraining order under the Criminal Proceeds Confiscation Act 2002 of

Queensland;

an old restraining order within the meaning of the

Criminal Proceeds Confiscation Act

2002 of Queensland;

a freezing order under the Criminal Property Confiscation Act 2000 of

Western Australia;

a restraining order under the Crimes (Confiscation of Profits) Act 1993 of

Tasmania;

a restraining order under the Criminal Property Forfeiture Act 2002 of the

Northern Territory;

a restraining order under the Crimes (Forfeiture of Proceeds) Act 1988 of the Northern Territory (as in force immediately before the repeal of that

Act);

a restraining order under the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory;

a restraining order under the Proceeds of Crime Act 1991 of the Australian

Capital Territory (as in force immediately before the repeal of that

Act);

a restraining order under the Proceeds of Crime Act 2002 of the

Commonwealth;

a restraining order under the Proceeds of Crime Act 1987 of the

Commonwealth.

For the purposes of paragraph (d) of the definition of

serious offence in section 3(1) of the Act, a foreign offence triable by the United States Military Commission is declared to be within that definition.

In this regulation—

United States Military Commission means the

United States Military Commission constituted under Title 10 USC

Sec 948d of the Military

Commissions Act 2006 of the United States of

America.

For the purposes of section 14(2)(a) of the Act, the certificate issued by the Principal Registrar of the Magistrates Court must contain the following particulars in relation to the order:

the matter number in the Magistrates Court;

the date on which the order was made;

the name and address of the parties to the proceedings in which the order was made;

the amount to be paid pursuant to the order.

For the purposes of section 14(2)(b) of the Act, a certificate under that section may be registered by lodging the certificate in the District

Court.

For the purposes of section 19(2)(b) of the Act, a notice containing the following information is prescribed:

the date on which and time at which the order was made;

particulars of the account to which the order applies;

the terms of the order;

a statement specifying that the order takes effect on the date and at the time that the notice is given to the financial institution;

an explanation of the operation of section 21(1) of the

Act.