Proceeds of Crime Regulations 2019
Note:
See section 10 .
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 pecuniary penalty order in section 338 of the Act.
| Table 1 - New South Wales | ||
| Item | Order | Corresponding law |
| 1 | a pecuniary penalty order | subsection 24(1) of the Confiscation of Proceeds of Crime Act 1989 |
| 2 | a drug proceeds order | subsection 29(1) of the Confiscation of Proceeds of Crime Act 1989 |
| 3 | a proceeds assessment order | section 27 of the Criminal Assets Recovery Act 1990 |
| 4 | an unexplained wealth order | subsection 28A(2) of the Criminal Assets Recovery Act 1990 |
| 5 | a proceeds assessment order or unexplained wealth order | subsection 31B(4) of the Criminal Assets Recovery Act 1990 |
| Table 2 - Victoria | ||
| Item | Order | Corresponding law |
| 1 | a pecuniary penalty order | Part 8 of the Confiscation Act 1997 |
| Table 3 - Queensland | ||
| Item | Order | Corresponding law |
| 1 | a proceeds assessment order | subsection 78(1) of the Criminal Proceeds Confiscation Act 2002 |
| 2 | an unexplained wealth order | section 89G of the Criminal Proceeds Confiscation Act 2002 |
| 3 | a pecuniary penalty order | subsection 184(1) of the Criminal Proceeds Confiscation Act 2002 |
| 4 | a special forfeiture order | subsection 202(1) of the Criminal Proceeds Confiscation Act 2002 |
| Table 4 - Western Australia | ||
| Item | Order | Corresponding law |
| 1 | an unexplained wealth declaration | section 12 of the Criminal Property Confiscation Act 2000 |
| 2 | a criminal benefits declaration | section 16 of the Criminal Property Confiscation Act 2000 |
| 3 | a criminal benefits declaration | subsection 17(1) of the Criminal Property Confiscation Act 2000 |
| 4 | a crime-used property substitution declaration | section 22 of the Criminal Property Confiscation Act 2000 |
| Table 5 - South Australia | ||
| Item | Order | Corresponding law |
| 1 | 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 |
| 2 | a pecuniary penalty order | subsection 95(1) of the Criminal Assets Confiscation Act 2005 |
| 3 | a literary proceeds order | subsection 111(1) of the Criminal Assets Confiscation Act 2005 |
| 4 | a pecuniary penalty order (under paragraph 9(4)(b) 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 | an unexplained wealth order | section 9 of the Serious and Organised Crime (Unexplained Wealth) Act 2009 |
| Table 6 - Tasmania | ||
| Item | Order | Corresponding law |
| 1 | a pecuniary penalty order | section 21 of the Crime (Confiscation of Profits) Act 1993 |
| Table 7 - Australian Capital Territory | ||
| Item | Order | Corresponding law |
| 1 | a penalty order | subsection 84(1) of the Confiscation of Criminal Assets Act 2003 |
| 2 | a penalty order | subsection 85(1) of the Confiscation of Criminal Assets Act 2003 |
| 3 | an unexplained wealth order | subsection 98D(1) of the Confiscation of Criminal Assets Act 2003 |
| Table 8 - Northern Territory | ||
| Item | Order | Corresponding law |
| 1 | an unexplained wealth declaration | subsection 71(1) of the Criminal Property Forfeiture Act 2002 |
| 2 | a criminal benefit declaration | subsection 75(1) of the Criminal Property Forfeiture Act 2002 |
| 3 | a criminal benefit declaration | subsection 76(1) of the Criminal Property Forfeiture Act 2002 |
| 4 | a crime-used property substitution declaration | subsection 81(2) of the Criminal Property Forfeiture Act 2002 |
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