Proceeds of Crime Regulations 2019
Schedule 1
-
Interstate forfeiture order
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.
Note:
See section 9 .
SECTION 1 1 Orders under corresponding lawsThe 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 |
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