Criminal Property Confiscation Act 2000
Criminal Property Confiscation Regulations 2000
Criminal Property Confiscation Act 2000
Criminal Property Confiscation Regulations 2000
Western Australia
Criminal Property Confiscation Regulations 2000
Contents
1.Citation1
2.Commencement1
3.Corresponding laws1
4.Interstate confiscation declarations2
5.Interstate criminal benefits declarations4
6.Interstate freezing orders5
7.Repeal7
8.Savings — interstate orders7
9.Savings — restraining orders7
Notes
Compilation table9
Defined terms
Western Australia
Criminal Property Confiscation Act 2000
Criminal Property Confiscation Regulations 2000
These regulations may be cited as the Criminal Property Confiscation Regulations 2000.
These regulations come into operation on the day on which the Criminal Property Confiscation Act 2000 comes into operation.
For the purposes of the definition of “corresponding law” in the Glossary to the Act, each of the following laws, as amended from time to time, is prescribed as a law that corresponds to this Act —
(a)the Proceeds of Crime Act 1991 of the Australian Capital Territory;
(b)the Crimes (Confiscation of Profits) Act 1985 of New South Wales;
(c)the Confiscation of Proceeds of Crime Act 1989 of New South Wales;
(d)the Criminal Assets Recovery Act 1990 of New South Wales;
(e)the Criminal Property Forfeiture Act 2002 of the Northern Territory;
(f)the Crimes (Confiscation of Profits) Act 1989 of Queensland;
(g)the Crimes (Confiscation) Act 1989 of Queensland;
(ha)the Criminal Proceeds Confiscation Act 2002 (Queensland);
(h)the Crimes (Confiscation of Profits) Act 1986 of South Australia;
(i)the Criminal Assets Confiscation Act 1996 of South Australia;
(j)the Crime (Confiscation of Profits) Act 1993 of Tasmania;
(k)the Crimes (Confiscation of Profits) Act 1986 of Victoria;
(l)the Confiscation Act 1997 of Victoria.
[Regulation 3 amended: Gazette 23 Apr 2004 p. 1315; 30 Dec 2014 p. 5505.]
4.Interstate confiscation declarations
For the purposes of the definition of “interstate confiscation declaration” in the Glossary to the Act the following are prescribed —
(a)a forfeiture order under section 19(1) of the Proceeds of Crime Act 1991 of the Australian Capital Territory;
(b)an order that property is forfeited under section 28 of the Proceeds of Crime Act 1991 of the Australian Capital Territory;
(c)a forfeiture order under section 5(1) of the Crimes (Confiscation of Profits) Act 1985 of New South Wales;
(d)a drug proceeds order under section 29(1) of the Confiscation of Proceeds of Crime Act 1989 of New South Wales;
(e)a forfeiture order under section 18(1) of the Confiscation of Proceeds of Crime Act 1989 of New South Wales;
(f)an assets forfeiture order under section 22 of the Criminal Assets Recovery Act 1990 of New South Wales;
(g)a forfeiture declaration under section 94 of the Criminal Property Forfeiture Act 2002 of the Northern Territory;
(ga)a forfeiture order under section 96, 97, 99, 100 or 101 of the Criminal Property Forfeiture Act 2002 of the Northern Territory;
(h)a forfeiture order under section 8(1) of the Crimes (Confiscation of Profits) Act 1989 of Queensland;
(i)a special forfeiture order under section 60 of the Crimes (Confiscation of Profits) Act 1989 of Queensland;
(j)a forfeiture order under section 23(1) of the Crimes (Confiscation) Act 1989 of Queensland;
(k)a special forfeiture order under section 86(1) of the Crimes (Confiscation) Act 1989 of Queensland;
(la)a forfeiture order under Criminal Proceeds Confiscation Act 2002 (Queensland) section 58;
(lb)a serious drug offender confiscation order under Criminal Proceeds Confiscation Act 2002 (Queensland) section 93ZZB;
(lc)a forfeiture order under Criminal Proceeds Confiscation Act 2002 (Queensland) section 151;
(ld)a tainted property substitution declaration under Criminal Proceeds Confiscation Act 2002 (Queensland) section 153D;
(le)a direction under Criminal Proceeds Confiscation Act 2002 (Queensland) section 164;
(lf)a special forfeiture order under Criminal Proceeds Confiscation Act 2002 (Queensland) section 202;
(l)a forfeiture order under section 5(1) of the Crimes (Confiscation of Profits) Act 1986 of South Australia;
(m)a forfeiture order under section 8 or 9 of the Criminal Assets Confiscation Act 1996 of South Australia;
(n)a forfeiture order under section 16(1) of the Crime (Confiscation of Profits) Act 1993 of Tasmania;
(o)a forfeiture order under section 7(1) of the Crimes (Confiscation of Profits) Act 1986 of Victoria;
(p)a forfeiture order under section 33 or 36 of the Confiscation Act 1997 of Victoria;
(q)a civil forfeiture order under section 38 of the Confiscation Act 1997 of Victoria.
[Regulation 4 amended: Gazette 23 Apr 2004 p. 1316; 30 Dec 2014 p. 5505.]
5.Interstate criminal benefits declarations
For the purposes of the definition of “interstate criminal benefits declaration” in the Glossary to the Act the following are prescribed —
(a)a pecuniary penalty order under section 25(1) of the Proceeds of Crime Act 1991 of the Australian Capital Territory;
(b)a pecuniary penalty order under section 10(1) of the Crimes (Confiscation of Profits) Act 1985 of New South Wales;
(c)a pecuniary penalty order under section 24(1) of the Confiscation of Proceeds of Crime Act 1989 of New South Wales;
(d)a drug proceeds order under section 29 of the Confiscation of Proceeds of Crime Act 1989 of New South Wales;
(e)a proceeds assessment order under section 27 of the Criminal Assets Recovery Act 1990 of New South Wales;
[(f)deleted]
(g)a pecuniary penalty order under section 13(1) of the Crimes (Confiscation of Profits) Act 1989 of Queensland;
(h)a pecuniary penalty order under section 34(1) of the Crimes (Confiscation) Act 1989 of Queensland;
(ia)a proceeds assessment order under Criminal Proceeds Confiscation Act 2002 (Queensland) section 78;
(ib)an unexplained wealth order under Criminal Proceeds Confiscation Act 2002 (Queensland) section 89G;
(ic)a pecuniary penalty order under Criminal Proceeds Confiscation Act 2002 (Queensland) section 184;
(id)a special forfeiture order under Criminal Proceeds Confiscation Act 2002 (Queensland) section 202;
(i)an order under section 9 of the Criminal Assets Confiscation Act 1996 of South Australia;
(j)a pecuniary penalty order under section 21(1) of the Crime (Confiscation of Profits) Act 1993 of Tasmania;
(k)a pecuniary penalty order under section 12(1) of the Crimes (Confiscation of Profits) Act 1986 of Victoria;
(l)a pecuniary penalty order under section 59 or 64 of the Confiscation Act 1997 of Victoria.
[Regulation 5 amended: Gazette 23 Apr 2004 p. 1316; 30 Dec 2014 p. 5505.]
For the purposes of the definition of “interstate freezing order” in the Glossary to the Act the following are prescribed —
(a)a restraining order under section 45(2) of the Proceeds of Crime Act 1991 of the Australian Capital Territory;
(b)an order under section 51 of the Proceeds of Crime Act 1991 of the Australian Capital Territory varying an order under section 45(2) of the Act;
(c)a restraining order under section 12(2) of the Crimes (Confiscation of Profits) Act 1985 of New South Wales;
(d)a restraining order under section 43 of the Confiscation of Proceeds of Crime Act 1989 of New South Wales;
(e)a restraining order under section 10 of the Criminal Assets Recovery Act 1990 of New South Wales;
(f)a restraining order under section 43 or 44 of the Criminal Property Forfeiture Act 2002 of the Northern Territory;
(g)a restraining order under section 17 of the Crimes (Confiscation of Profits) Act 1989 of Queensland;
(h)a restraining order under section 40 of the Crimes (Confiscation) Act 1989 of Queensland;
(i)an order under section 45 of the Crimes (Confiscation) Act 1989 of Queensland varying an order under section 40 of the Act;
(ja)a restraining order under Criminal Proceeds Confiscation Act 2002 (Queensland) section 31;
(jb)a restraining order under Criminal Proceeds Confiscation Act 2002 (Queensland) section 93M;
(jc)a restraining order under Criminal Proceeds Confiscation Act 2002 (Queensland) section 122;
(j)a sequestration order under section 6(1) of the Crimes (Confiscation of Profits) Act 1986 of South Australia;
(k)a restraining order under section 15 of the Criminal Assets Confiscation Act 1996 of South Australia;
(l)a restraining order under section 26(2) of the Crime (Confiscation of Profits) Act 1993 of Tasmania;
(m)a restraining order made under section 16 of the Crimes (Confiscation of Profits) Act 1986 of Victoria;
(n)a restraining order under section 14 or 18 of the Confiscation Act 1997 of Victoria.
[Regulation 6 amended: Gazette 23 Apr 2004 p. 1316; 30 Dec 2014 p. 5506.]
The following regulations are repealed —
(a)the Crimes (Confiscation of Profits) (Corresponding Laws) Regulations 1990;
(b)the Crimes (Confiscation of Profits) (General) Regulations 1994.
(1)Despite the repeal effected by regulation 7(a), the Crimes (Confiscation of Profits) (Corresponding Laws) Regulations 1990 as in force before the commencement of these regulations continue to apply in relation to any interstate forfeiture order or interstate restraining order to which Part 10 of the Criminal Property Confiscation Act 2000 applies under section 7(2) of the Criminal Property Confiscation (Consequential Provisions) Act 2000.
(2)In subregulation (1) —
interstate forfeiture order has the same meaning as it has in the Crimes (Confiscation of Profits) Act 1988;
interstate restraining order has the same meaning as it has in the Crimes (Confiscation of Profits) Act 1988.
9.Savings — restraining orders
(1)Despite the repeal effected by regulation 7(b), the Crimes (Confiscation of Profits) (General) Regulations 1994 continue to apply in relation to a restraining order that has effect under section 7(1) of the Criminal Property Confiscation (Consequential Provisions) Act 2000.
(2)In subregulation (1) —
restraining order has the same meaning as in the Crimes (Confiscation of Profits) Act 1988.
1This is a compilation of the Criminal Property Confiscation Regulations 2000 and includes the amendments made by the other written laws referred to in the following table.
|
Citation |
Gazettal |
Commencement |
|
Criminal Property Confiscation Regulations 2000 |
19 Dec 2000 p. 7263‑9 |
1 Jan 2001 (see r. 2 and Gazette 29 Dec 2000 p. 7903) |
|
Criminal Property Confiscation Amendment Regulations 2004 |
23 Apr 2004 p. 1315‑16 |
23 Apr 2004 |
|
Criminal Property Confiscation Amendment Regulations 2014 |
30 Dec 2014 p. 5504‑6 |
r. 1 and 2: 30 Dec 2014 (see r. 2(a)); |
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined termProvision(s)
interstate forfeiture order8(2)
interstate restraining order8(2)
restraining order9(2)