Proceeds of Crime Regulations 2019

Schedule 1 - Interstate forfeiture order  

Note:

See section 9 .

SECTION 1  

1   Orders under corresponding laws  

The following tables set out orders made under corresponding State and Territory laws that are declared to be orders of a kind within the definition of interstate forfeiture order in section 338 of the Act.

Table 1 - New South Wales
Item	Order	Corresponding law
1	a forfeiture order	subsection 18(1) of the Confiscation of Proceeds of Crime Act 1989
2	an order declaring that specified property is available to satisfy a drug proceeds order	subsection 32(2) of the Confiscation of Proceeds of Crime Act 1989
3	an assets forfeiture order	section 22 of the Criminal Assets Recovery Act 1990
4	an order declaring that an interest in property is available to satisfy a proceeds assessment order or unexplained wealth order	subsection 29(1) of the Criminal Assets Recovery Act 1990
5	an order requiring a defendant to pay to the Treasurer the value of the whole or part of an interest in property of the defendant	subsection 31A(3) of the Criminal Assets Recovery Act 1990

Table 2 - Victoria
Item	Order	Corresponding law
1	a forfeiture order	Division 1 of Part 3 of the Confiscation Act 1997
2	a tainted property substitution declaration	subsection 34C(1) of the Confiscation Act 1997
3	a declaration that property has been forfeited under section 35 of the Confiscation Act 1997	subsection 36(1) of the Confiscation Act 1997
4	a tainted property substitution declaration	subsection 36F(1) of the Confiscation Act 1997
5	a declaration that property has been forfeited under section 36GA of the Confiscation Act 1997	subsection 36GB(1) of the Confiscation Act 1997
6	a civil forfeiture order	Division 2 of Part 4 of the Confiscation Act 1997
7	a declaration that property has been forfeited under section 40ZA of the Confiscation Act 1997	subsection 40ZB(3) of the Confiscation Act 1997

Table 3 - Queensland
Item	Order	Corresponding law
1	a forfeiture order	subsection 58(1) of the Criminal Proceeds Confiscation Act 2002
2	a serious drug offender confiscation order	section 93ZZB of the Criminal Proceeds Confiscation Act 2002
3	a forfeiture order	subsection 151(1) of the Criminal Proceeds Confiscation Act 2002
4	a tainted property substitution declaration	subsection 153D(1) of the Criminal Proceeds Confiscation Act 2002

Table 4 - Western Australia
Item	Order	Corresponding law
1	a confiscable property declaration	subsection 28(1) of the Criminal Property Confiscation Act 2000
2	a declaration of confiscation	section 30 of the Criminal Property Confiscation Act 2000

Table 5 - South Australia
Item	Order	Corresponding law
1	a forfeiture order	subsection 47(1) of the Criminal Assets Confiscation Act 2005
2	an instrument substitution declaration	section 48 of the Criminal Assets Confiscation Act 2005
2A	a declaration that particular property has been forfeited under Division 1 of Part 4 of the Criminal Assets Confiscation Act 2005	section 56B of the Criminal Assets Confiscation Act 2005
3	a declaration that particular property has been forfeited under Division 2 of Part 4 of the Criminal Assets Confiscation Act 2005	section 77 of the Criminal Assets Confiscation Act 2005
4	a forfeiture order (under section 8 of the Criminal Assets Confiscation Act 1996 ) as continued in force under item 11 of Schedule 1 to the Criminal Assets Confiscation Act 2005	item 11 of Schedule 1 to the Criminal Assets Confiscation Act 2005
5	a forfeiture order (under subsection 9(1) of the Criminal Assets Confiscation Act 1996 ) as continued in force under item 11 of Schedule 1 to the Criminal Assets Confiscation Act 2005	item 11 of Schedule 1 to the Criminal Assets Confiscation Act 2005

Table 6 - Tasmania
Item	Order	Corresponding law
1	a forfeiture order	section 16 of the Crime (Confiscation of Profits) Act 1993
2	a wealth forfeiture order	section 152 of the Crime (Confiscation of Profits) Act 1993

Table 7 - Australian Capital Territory
Item	Order	Corresponding law
1	a forfeiture order	subsection 54(1) of the Confiscation of Criminal Assets Act 2003
2	an order declaring that property has been automatically forfeited under Division 5.2 of Part 5 of the Confiscation of Criminal Assets Act 2003	subsection 59(2) of the Confiscation of Criminal Assets Act 2003
3	an order that restrained property be forfeited to the Territory	subsection 67(2) of the Confiscation of Criminal Assets Act 2003

Table 8 - Northern Territory
Item	Order	Corresponding law
1	a crime-used property substitution declaration	subsection 81(2) of the Criminal Property Forfeiture Act 2002
2	a declaration that property specified in an application that is not owned by the respondent is available for forfeiture under Part 7 of the Criminal Property Forfeiture Act 2002	subsection 92(1) of the Criminal Property Forfeiture Act 2002
3	a declaration that property has been forfeited by operation of section 94 of the Criminal Property Forfeiture Act 2002	subsection 94(4) of the Criminal Property Forfeiture Act 2002
4	an order that property restrained on suspicion of being crime-used is forfeit to the Territory	subsection 96(1) of the Criminal Property Forfeiture Act 2002
5	an order that property restrained on suspicion of being crime-derived is forfeit to the Territory	section 97 of the Criminal Property Forfeiture Act 2002
6	an order that property subject to a restraining order is forfeit to the Territory	section 99 of the Criminal Property Forfeiture Act 2002
7	an order that property subject to a restraining order is forfeit to the Territory	section 100 of the Criminal Property Forfeiture Act 2002
8	an order that property subject to a restraining order is forfeit to the Territory	section 101 of the Criminal Property Forfeiture Act 2002