Crimes (Confiscation) Regulations 2004

Victorian Legislation and Parliamentary Documents i Crimes (Confiscation) Regulations 2004 S.R. No. 56/2004 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Forms 1 __________________ SCHEDULES 2 SCHEDULE 1—Notice that Seized Property is Being Held 2 SCHEDULE 2—Notice that Seized Property is Being Held 4 ═══════════════ -- 1 of 6 -- Victorian Legislation and Parliamentary Documents 1 STATUTORY RULES 2004 S.R. No. 56/2004 Crimes Act 1958 Crimes (Confiscation) Regulations 2004 The Governor in Council makes the following Regulations: Dated: 8 June 2004 Responsible Minister: ROB HULLS Attorney-General DIANE CASEY Clerk of the Executive Council 1. Objective The objective of these Regulations is to prescribe forms for the purposes of sections 465A and 465D of the Crimes Act 1958. 2. Authorising provision These Regulations are made under section 505A of the Crimes Act 1958. 3. Forms (1) The prescribed form of a notice under section 465A of the Crimes Act 1958 that seized property is being held under section 79 of the Confiscation Act 1997 is the form set out in Schedule 1. (2) The prescribed form of a notice under section 465D of the Crimes Act 1958 that seized property is being held under section 79 of the Confiscation Act 1997 is the form set out in Schedule 2. __________________ -- 2 of 6 -- Victorian Legislation and Parliamentary Documents S.R. No. 56/2004 Crimes (Confiscation) Regulations 2004 2 SCHEDULES SCHEDULE 1 Regulation 3(1) NOTICE THAT SEIZED PROPERTY IS BEING HELD (Section 465A) You have received this notice because a magistrate has made a direction affecting property in which you have an interest. A warrant under section 465 of the Crimes Act 1958 was issued at am/pm on / / 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 465(1B) of the Crimes Act 1958 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 Crimes Act 1958. 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 -- 3 of 6 -- Victorian Legislation and Parliamentary Documents S.R. No. 56/2004 Crimes (Confiscation) Regulations 2004 3 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, Enforcement Management in the Department of Justice may be contacted for more information at (insert contact details). __________________ Sch. 1 -- 4 of 6 -- Victorian Legislation and Parliamentary Documents S.R. No. 56/2004 Crimes (Confiscation) Regulations 2004 4 SCHEDULE 2 Regulation 3(2) NOTICE THAT SEIZED PROPERTY IS BEING HELD (Section 465D) 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 465 of the Crimes Act 1958 was issued at am/pm on / / 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 465C of the Crimes Act 1958 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. Property which will be held (insert description of property) Sch. 2 -- 5 of 6 -- Victorian Legislation and Parliamentary Documents S.R. No. 56/2004 Crimes (Confiscation) Regulations 2004 5 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, Enforcement Management in the Department of Justice may be contacted for more information at (insert contact details). ═══════════════ Sch. 2 -- 6 of 6 --