Drugs, Poisons and Controlled Substances (Confiscation) Regulations 2014

Authorised by the Chief Parliamentary Counsel Authorised Version i Drugs, Poisons and Controlled Substances (Confiscation) Regulations 2014 S.R. No. 50/2014 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Commencement 1 4 Revocation 2 5 Form of notice under section 81A of the Drugs, Poisons and Controlled Substances Act 1981 2 6 Form of notice under section 81D of the Drugs, Poisons and Controlled Substances Act 1981 2 7 Amendment of references to member of the police force 2 __________________ SCHEDULES 3 SCHEDULE 1—Notice that Seized Property is being Held 3 SCHEDULE 2—Notice that Seized Property is being Held 5 ═══════════════ ENDNOTES 7 -- 1 of 8 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2014 S.R. No. 50/2014 Drugs, Poisons and Controlled Substances Act 1981 Drugs, Poisons and Controlled Substances (Confiscation) Regulations 2014 The Governor in Council makes the following Regulations: Dated: 3 June 2014 Responsible Minister: MARY WOOLDRIDGE Minister for Mental Health YVETTE CARISBROOKE Clerk of the Executive Council 1 Objective The objective of these Regulations is to prescribe forms for the purposes of sections 81A and 81D of the Drugs, Poisons and Controlled Substances Act 1981. 2 Authorising provision These Regulations are made under section 132 of the Drugs, Poisons and Controlled Substances Act 1981. 3 Commencement (1) These Regulations, except regulation 7, come into operation on 7 June 2014. (2) Regulation 7 comes into operation on the day that section 278 of the Victoria Police Act 2013 comes into operation. -- 2 of 8 -- S.R. No. 50/2014 Drugs, Poisons and Controlled Substances (Confiscation) Regulations 2014 2 Authorised by the Chief Parliamentary Counsel 4 Revocation The Drugs, Poisons and Controlled Substances (Confiscation) Regulations 20041 are revoked. 5 Form of notice under section 81A of the Drugs, Poisons and Controlled Substances Act 1981 For the purposes of section 81A(2)(b) of the Drugs, Poisons and Controlled Substances Act 1981, the prescribed form of notice that seized property is being held as if it had been seized under a warrant issued under section 79 of the Confiscation Act 1997 is the form set out in Schedule 1. 6 Form of notice under section 81D of the Drugs, Poisons and Controlled Substances Act 1981 For the purposes of section 81D(2)(b) of the Drugs, Poisons and Controlled Substances Act 1981, the prescribed form of notice that seized property is being held as if it had been seized under a warrant issued under section 79 of the Confiscation Act 1997 is the form set out in Schedule 2. 7 Amendment of references to member of the police force (1) In the form in Schedule 1, for "member of the police force" substitute "police officer". (2) In the form in Schedule 2, for "member of the police force" substitute "police officer". (3) This regulation is revoked on the day after section 278 of the Victoria Police Act 2013 comes into operation. __________________ r. 4 -- 3 of 8 -- S.R. No. 50/2014 Drugs, Poisons and Controlled Substances (Confiscation) Regulations 2014 3 Authorised by the Chief Parliamentary Counsel SCHEDULES SCHEDULE 1 Regulation 5 NOTICE THAT SEIZED PROPERTY IS BEING HELD (Section 81A) You have received this notice because a magistrate has made a direction affecting property in which you have an interest. A warrant under section 81 of the Drugs, Poisons and Controlled Substances Act 1981 was issued at [insert time] on [insert date] by Magistrate The warrant was issued to— Name, Rank, No. Address The warrant authorised the seizure of property in connection with a criminal investigation. When the warrant was issued, the magistrate directed under section 81(1A) of the Drugs, Poisons and Controlled Substances Act 1981 that the member of the police force who applied for the warrant hold or retain specified property seized under the warrant after it was no longer required for evidentiary purposes under that Act. The magistrate made this direction on the basis that the specified property was also tainted property under the Confiscation Act 1997. The warrant was executed at (insert address or description of land or premises). When the warrant was executed, police seized property in which you have an interest. This property is described below. This property is no longer required for evidentiary purposes under the Drugs, Poisons and Controlled Substances Act 1981. In accordance with the direction of the magistrate, the property will be held by the police and dealt with under the Confiscation Act 1997, as if it had been seized under a warrant under section 79 of that Act. Sch. 1 -- 4 of 8 -- S.R. No. 50/2014 Drugs, Poisons and Controlled Substances (Confiscation) Regulations 2014 4 Authorised by the Chief Parliamentary Counsel Property which will be held [insert description of property] Property seized under a warrant under section 79 of the Confiscation Act 1997 may be returned to you in certain circumstances under section 97 of that Act. Victoria Police or Asset Confiscation Operations, Infringement Management and Enforcement Services in the Department of Justice may be contacted for more information at [insert contact details]. __________________ Sch. 1 -- 5 of 8 -- S.R. No. 50/2014 Drugs, Poisons and Controlled Substances (Confiscation) Regulations 2014 5 Authorised by the Chief Parliamentary Counsel SCHEDULE 2 Regulation 6 NOTICE THAT SEIZED PROPERTY IS BEING HELD (Section 81D) You have received this notice because the Magistrates' Court has made a direction affecting property in which you have an interest. A warrant under section 81 of the Drugs, Poisons and Controlled Substances Act 1981 was issued at [insert time] on [insert date] by Magistrate The warrant was issued to— Name, Rank, No. Address The warrant authorised the seizure of property in connection with a criminal investigation. When the warrant was executed, police seized property in which you have an interest. This property is described below. The warrant was executed at [insert address or description of land or premises]. When the warrant was returned to the Magistrates' Court, the Court directed under section 81C of the Drugs, Poisons and Controlled Substances Act 1981 that a member of the police force hold or retain the property described below after it was no longer required for evidentiary purposes under that Act. The Magistrates' Court made this direction on the basis that this property was also tainted property under the Confiscation Act 1997. This property is no longer required for evidentiary purposes. In accordance with the direction of the Magistrates' Court, the property will be held by the police and dealt with under the Confiscation Act 1997, as if it had been seized under a warrant under section 79 of that Act. Sch. 2 -- 6 of 8 -- S.R. No. 50/2014 Drugs, Poisons and Controlled Substances (Confiscation) Regulations 2014 6 Authorised by the Chief Parliamentary Counsel Property which will be held [insert description of property] Property seized under a warrant under section 79 of the Confiscation Act 1997 may be returned to you in certain circumstances under section 97 of that Act. Victoria Police or Asset Confiscation Operations, Infringement Management and Enforcement Services in the Department of Justice may be contacted for more information at [insert contact details]. ═══════════════ Sch. 2 -- 7 of 8 -- S.R. No. 50/2014 Drugs, Poisons and Controlled Substances (Confiscation) Regulations 2014 7 Authorised by the Chief Parliamentary Counsel ENDNOTES 1 Reg. 4: S.R. No. 59/2004. 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