Confiscation (Further Amendment) Regulations 2004

Victorian Legislation and Parliamentary Documents i Confiscation (Further Amendment) Regulations 2004 S.R. No. 164/2004 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Commencement 1 4. Principal Regulations 2 5. Appropriate officer 2 6. Correction of reference 2 7. Law enforcement agency 2 8. Application for restraining order 3 9. Penalties 3 10. Search warrant 3 11. Notice to occupier 4 12. Embargo notice 4 13. Search warrant (Part 13, Division 2) 4 ═══════════════ ENDNOTES 5 -- 1 of 6 -- Victorian Legislation and Parliamentary Documents 1 STATUTORY RULES 2004 S.R. No. 164/2004 Confiscation Act 1997 Confiscation (Further Amendment) Regulations 2004 The Governor in Council makes the following Regulations: Dated: 14 December 2004 Responsible Minister: ROB HULLS Attorney-General DIANE CASEY Clerk of the Executive Council 1. Objective The objective of these Regulations is to amend the Confiscation Regulations 1998— (a) to make consequential amendments arising from the Major Crime Legislation (Seizure of Assets) Act 2004; and (b) to make other minor 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 January 2005. -- 2 of 6 -- Victorian Legislation and Parliamentary Documents S.R. No. 164/2004 Confiscation (Further Amendment) Regulations 2004 2 4. Principal Regulations In these Regulations, the Confiscation Regulations 19981 are called the Principal Regulations. 5. Appropriate officer (1) For regulation 6(1)(b)(i) of the Principal Regulations substitute— "(i) section 16(1)(b);". (2) In regulation 6(2) of the Principal Regulations, paragraphs (a) and (b) are revoked. (3) In regulation 6(2)(e) of the Principal Regulations, after "Regulation" insert "established by the Gambling Regulation Act 2003". 6. Correction of reference In the Principal Regulations— (a) in regulation 7(c), for "1981" substitute "1991"; (b) in regulation 8(c), for "1981" substitute "1991"; (c) in regulation 9(c), for "1981" substitute "1991"; (d) in regulation 10(c), for "1981" substitute "1991". 7. Law enforcement agency (1) In regulation 11(1) of the Principal Regulations, paragraphs (c) and (d) are revoked. (2) In regulation 11(1)(h) of the Principal Regulations, after "Regulation" insert "established by the Gambling Regulation Act 2003". r. 4 -- 3 of 6 -- Victorian Legislation and Parliamentary Documents S.R. No. 164/2004 Confiscation (Further Amendment) Regulations 2004 3 8. Application for restraining order In regulation 12 of the Principal Regulations, for "16(1)(a)" substitute "16(2)". 9. Penalties In the Principal Regulations— (a) in Schedule 1, for "$6000" substitute "60 penalty units"; (b) in Schedule 1B— (i) for "a $120 000 fine" (where twice occurring) substitute "a fine of 1200 penalty units"; (ii) for "a $24 000 fine" substitute "a fine of 240 penalty units"; (c) in Schedule 1C— (i) for "a $120 000 fine" (where twice occurring) substitute "a fine of 1200 penalty units"; (ii) for "a $24 000 fine" substitute "a fine of 240 penalty units"; (d) in Schedule 5A— (i) for "a $120 000 fine" (where twice occurring) substitute "a fine of 1200 penalty units"; (ii) for "a $24 000 fine" substitute "a fine of 240 penalty units"; (e) in Schedule 5B, for "a $6000 fine" substitute "a fine of 60 penalty units". 10. Search warrant In Schedule 1E to the Principal Regulations, for "forfeiture offence" (wherever occurring) substitute "Schedule 1 offence". r. 8 -- 4 of 6 -- Victorian Legislation and Parliamentary Documents S.R. No. 164/2004 Confiscation (Further Amendment) Regulations 2004 4 11. Notice to occupier In Schedule 2 to the Principal Regulations— (a) for "forfeiture offence" (wherever occurring) substitute "Schedule 1 offence"; (b) for "member of the police executing" substitute "member of the police force executing". 12. Embargo notice In Schedule 4 to the Principal Regulations— (a) for "forfeiture offence" (wherever occurring) substitute "Schedule 1 offence"; (b) for "member of the police with the aid" substitute "member of the police force with the aid". 13. Search warrant (Part 13, Division 2) In Schedule 5 to the Principal Regulations— (a) for— "† forfeiture offence † automatic forfeiture offence † civil forfeiture offence" substitute— "† Schedule 1 offence † Schedule 2 offence"; (b) for "another forfeiture offence, automatic forfeiture offence or civil forfeiture offence" substitute "another Schedule 1 offence or Schedule 2 offence"; (c) for "a forfeiture offence" substitute "a Schedule 1 offence". ═══════════════ r. 11 -- 5 of 6 -- Victorian Legislation and Parliamentary Documents S.R. No. 164/2004 Confiscation (Further Amendment) Regulations 2004 5 ENDNOTES 1 Reg. 4: S.R. No. 67/1998 as amended by S.R. Nos 67/2002 and 57/2004. Endnotes -- 6 of 6 --