These Regulations are the Proceeds of Crime Regulations 2002.

These Regulations commence on 1 January 2003.

Note If, on the commencement of the Proceeds of Crime Act 2002, regulations for the purposes of certain provisions in that Act are not in force, then regulations made for a corresponding provision of the Proceeds of Crime Act 1987 are in force for those purposes until new regulations are made — see Item 26 of Schedule 7 to the Proceeds of Crime (Consequential Amendments and Transitional Provisions) Act 2002.

3 Definitions

In these Regulations:

Act means the Proceeds of Crime Act 2002.

4 Approved examiner

For paragraph 183 (4) (a) of the Act, a person is included in a specified class of people if:

(a) the person is:

(i) a member of the Administrative Appeals Tribunal established under the Administrative Appeals Tribunal Act 1975 who is appointed to that Tribunal as a presidential member or a senior member; or

(ii) a person who has held the office of judge in the Supreme Court of a State or Territory and who has stated, in writing, that he or she is willing to be an approved examiner; or

(iii) a former magistrate who has stated, in writing, that he or she is willing to be an approved examiner; and

(b) the person’s name is on a register kept by the Minister for that purpose.

5 Approved form – examination notice

For section 185 of the Act, the examination summons must be in accordance with Form 1 in Schedule 1.

6 Declaration of State and self-governing Territory laws — definition of corresponding law

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;

(d) Crimes (Confiscation) Act 1989 of Queensland;

(e) Criminal Assets Confiscation Act 1996 of South Australia;

(f) Criminal Property Confiscation Act 2000 of Western Australia;

(g) Crime (Confiscation of Profits) Act 1993 of Tasmania;

(h) Crimes (Forfeiture of Proceeds) Act 1988 of the Northern Territory;

(i) Proceeds of Crime Act 1991 of the Australian Capital Territory.

7 Declaration — definition of interstate forfeiture order

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;

(b) forfeiture order under subsection 18 (1) of the Confiscation of Proceeds of Crime Act 1989 of New South Wales;

(c) forfeiture order under Division 1 of Part 3, and civil forfeiture order under Part 4, of the Confiscation Act 1997 of Victoria;

(d) forfeiture order under subsection 7 (1) of the Crimes (Confiscation of Profits) Act 1986 of Victoria that is continued in effect under subsection 157 (6) of the Confiscation Act 1997 of Victoria;

(e) forfeiture order under subsection 23 (1) of the Crimes (Confiscation) Act 1989 of Queensland;

(f) forfeiture order made under section 8 or 9 of the Criminal Assets Confiscation Act 1996 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;

(j) forfeiture order under section 16 of the Crime (Confiscation of Profits) Act 1993 of Tasmania;

(k) forfeiture order under subsection 5 (1) of the Crimes (Forfeiture of Proceeds) Act 1988 of the Northern Territory;

(l) forfeiture order under subsection 19 (1) of the Proceeds of Crime Act 1991 of the Australian Capital Territory.

8 Declaration — definition of interstate pecuniary penalty order

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;

(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;

(d) pecuniary penalty order under subsection 12 (1) of the Crimes (Confiscation of Profits) Act 1986 of Victoria that is continued in effect under subsection 157 (6) of the Confiscation Act 1997 of Victoria;

(e) pecuniary penalty order under subsection 34 (1) of the Crimes (Confiscation) Act 1989 of Queensland;

(f) pecuniary penalty order under paragraph 9 (4) (b) of the Criminal Assets Confiscation Act 1996 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;

(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) pecuniary penalty order under subsection 10 (1) of the Crimes (Forfeiture of Proceeds) Act 1988 of the Northern Territory;

(m) pecuniary penalty order under subsection 25 (1) of the Proceeds of Crime Act 1991 of the Australian Capital Territory.

9 Declaration — definition of interstate restraining order

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 section 10 of the Criminal Assets Recovery Act 1990 of New South Wales;

(b) restraining order under subsection 43 (2) of the Confiscation of Proceeds of Crime Act 1989 of New South Wales;

(d) restraining order under subsection 16 (3) of the Crimes (Confiscation of Profits) Act 1986 of Victoria that is continued in effect under subsection 157 (6) of the Confiscation Act 1997 of Victoria;

(e) restraining order under subsection 40 (15) of the Crimes (Confiscation) Act 1989 of Queensland;

(f) restraining order under section 15 of the Criminal Assets Confiscation Act 1996 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;

(k) restraining order under subsection 14 (2) of the Crimes (Forfeiture of Proceeds) Act 1988 of the Northern Territory;

(l) restraining order under subsection 45 (2) of the Proceeds of Crime Act 1991 of the Australian Capital Territory.