Confiscation Amendment Regulations 2016

Authorised by the Chief Parliamentary Counsel Authorised Version i Confiscation Amendment Regulations 2016 S.R. No. 110/2016 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Commencement 1 4 Principal Regulations 2 5 Definitions 2 6 Corresponding law 2 7 Interstate forfeiture order 2 8 Interstate pecuniary penalty order 2 9 Interstate restraining order 3 10 Law enforcement agency 3 11 New regulation 34A inserted 3 12 Information notice 4 13 Document request 4 14 New regulation 54B inserted 5 15 Schedule 18 amended 5 16 Schedule 19 amended 6 ═══════════════ Endnotes 8 -- 1 of 9 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2016 S.R. No. 110/2016 Confiscation Act 1997 Confiscation Amendment Regulations 2016 The Governor in Council makes the following Regulations: Dated: 30 August 2016 Responsible Minister: MARTIN PAKULA Attorney-General ANDREW ROBINSON Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Confiscation Regulations 2008— (a) to facilitate the recognition of interstate orders made under corresponding laws; and (b) to prescribe various matters; and (c) to make other miscellaneous amendments. 2 Authorising provision These Regulations are made under section 146 of the Confiscation Act 1997. 3 Commencement These Regulations come into operation on 1 September 2016. -- 2 of 9 -- Confiscation Amendment Regulations 2016 S.R. No. 110/2016 Authorised by the Chief Parliamentary Counsel 2 4 Principal Regulations In these Regulations, the Confiscation Regulations 2008 1 are called the Principal Regulations. 5 Definitions In regulation 5(1) of the Principal Regulations, after "Department of Justice" insert "and Regulation". 6 Corresponding law After regulation 26(j) of the Principal Regulations insert— "(ja) the Serious and Organised Crime (Unexplained Wealth) Act 2009 of South Australia;". 7 Interstate forfeiture order In regulation 27(h) of the Principal Regulations, for "or" substitute ", 93ZZB or". 8 Interstate pecuniary penalty order (1) In regulation 28(b) of the Principal Regulations, for "116 or 152" substitute "116, 152 or 179E". (2) In regulation 28(f) of the Principal Regulations, after "27" insert "or 28A". (3) After regulation 28(f) of the Principal Regulations insert— "(fa) orders under section 71, 75 or 76 of the Criminal Property Forfeiture Act 2002 of the Northern Territory;". (4) In regulation 28(g) of the Principal Regulations, after "78," insert "89G,". -- 3 of 9 -- Confiscation Amendment Regulations 2016 S.R. No. 110/2016 Authorised by the Chief Parliamentary Counsel 3 (5) After regulation 28(i) of the Principal Regulations insert— "(ia) orders under section 9 of the Serious and Organised Crime (Unexplained Wealth) Act 2009 of South Australia;". 9 Interstate restraining order (1) In regulation 29(b) of the Principal Regulations, for "19 or 20" substitute "19, 20 or 20A". (2) In regulation 29(h) of the Principal Regulations, after "37," insert "93M,". (3) After regulation 29(j) of the Principal Regulations insert— "(ja) orders under section 20 of the Serious and Organised Crime (Unexplained Wealth) Act 2009 of South Australia;". 10 Law enforcement agency In regulation 30(2)(c) of the Principal Regulations, after "Department of Justice" insert "and Regulation". 11 New regulation 34A inserted After regulation 34 of the Principal Regulations insert— "34A Unexplained wealth restraining orders For the purposes of section 40C(3)(b) of the Act, the following persons are prescribed— (a) the Director, Infringement Management and Enforcement Services; -- 4 of 9 -- Confiscation Amendment Regulations 2016 S.R. No. 110/2016 Authorised by the Chief Parliamentary Counsel 4 (b) the Director, Enforcement Services, Infringement Management and Enforcement Services; (c) the Assistant Director, Asset Confiscation Operations, Infringement Management and Enforcement Services.". 12 Information notice For regulation 54(b) of the Principal Regulations substitute— "(b) the Assistant Director, Asset Confiscation Operations, Infringement Management and Enforcement Services; (c) the Manager, Confiscation Operations, Asset Confiscation Operations, Infringement Management and Enforcement Services.". 13 Document request (1) For the heading to regulation 54A of the Principal Regulations substitute— "Document request relating to maintenance and management of property". (2) For regulation 54A(c) of the Principal Regulations substitute— "(c) the Assistant Director, Asset Confiscation Operations, Infringement Management and Enforcement Services; (d) the Manager, Confiscation Operations, Asset Confiscation Operations, Infringement Management and Enforcement Services.". -- 5 of 9 -- Confiscation Amendment Regulations 2016 S.R. No. 110/2016 Authorised by the Chief Parliamentary Counsel 5 14 New regulation 54B inserted After regulation 54A of the Principal Regulations insert— "54B Document request relating to enforcement of pecuniary penalty order For the purposes of section 120AB(1) of the Act, the following persons are prescribed— (a) the Director, Infringement Management and Enforcement Services; (b) the Director, Enforcement Services, Infringement Management and Enforcement Services; (c) the Assistant Director, Asset Confiscation Operations, Infringement Management and Enforcement Services; (d) the Manager, Confiscation Operations, Asset Confiscation Operations, Infringement Management and Enforcement Services.". 15 Schedule 18 amended In Schedule 18 to the Principal Regulations— (a) for "account is held" substitute "account is or has been held"; (b) for "account specified below is held" substitute "account specified below is or was held"; (c) for "Department of Justice" substitute "Department of Justice and Regulation". -- 6 of 9 -- Confiscation Amendment Regulations 2016 S.R. No. 110/2016 Authorised by the Chief Parliamentary Counsel 6 16 Schedule 19 amended In Schedule 19 to the Principal Regulations— (a) for "Department of Justice" substitute "Department of Justice and Regulation"; (b) for "*section 120A(2)" substitute "*section 120A(2)/*section 120AB(1)"; (c) for— "You have received this document request because the *Secretary/*prescribed person named above believes that you have possession or control of documents relating to the maintenance and management of the property described below. *The Secretary has responsibility for this property under a memorandum of understanding entered into under section 78A of the Confiscation Act 1997. Description of property " substitute— "*You have received this document request because the *Secretary/*prescribed person named above believes that you have possession or control of documents relating to the maintenance and management of the property described below. *The Secretary has responsibility for this property under a memorandum of understanding entered into under section 78A of the Confiscation Act 1997. Description of property -- 7 of 9 -- Confiscation Amendment Regulations 2016 S.R. No. 110/2016 Authorised by the Chief Parliamentary Counsel 7 *You have received this document request because the prescribed person named above believes that you have possession or control of documents required for the enforcement of the pecuniary penalty order described below. Description of pecuniary penalty order "; (d) for— "The documents are sought for the maintenance and management of the property by or on behalf of the *Secretary/*prescribed person. The documents will be provided to such *delegates or agents of the Secretary/*agents of the prescribed person as required for the purposes of the maintenance and management of the property." substitute— "*The documents are sought for the maintenance and management of the property by or on behalf of the *Secretary/*prescribed person. The documents will be provided to such *delegates or agents of the Secretary/*agents of the prescribed person as required for the purposes of the maintenance and management of the property. *The documents are sought for the enforcement of the pecuniary penalty order by or on behalf of the prescribed person. The documents will be provided to such agents of the prescribed person as required for the purposes of the enforcement of the pecuniary penalty order". ═══════════════ -- 8 of 9 -- Endnotes Confiscation Amendment Regulations 2016 S.R. No. 110/2016 Authorised by the Chief Parliamentary Counsel 8 Endnotes 1 Reg. 4: S.R. No. 57/2008 as amended by S.R. Nos 20/2012, 139/2014 and 187/2014. -- 9 of 9 --