Drugs, Poisons and Controlled Substances (Confiscation) Regulations 2004

Victorian Legislation and Parliamentary Documents i Drugs, Poisons and Controlled Substances (Confiscation) Regulations 2004 S.R. No. 59/2004 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Forms 1 __________________ SCHEDULES 3 SCHEDULE 1—Notice that Seized Property is being Held 3 SCHEDULE 2—Notice that Seized Property is being Held 5 ═══════════════ -- 1 of 7 -- Victorian Legislation and Parliamentary Documents 1 STATUTORY RULES 2004 S.R. No. 59/2004 Drugs, Poisons and Controlled Substances Act 1981 Drugs, Poisons and Controlled Substances (Confiscation) Regulations 2004 The Governor in Council makes the following Regulations: Dated: 8 June 2004 Responsible Minister: BRONWYN PIKE Minister for Health DIANE CASEY 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. Forms (1) The prescribed form of a notice under section 81A of the Drugs, Poisons and Controlled Substances Act 1981 that seized property is being held under section 79 of the Confiscation Act 1997 is the form set out in Schedule 1. -- 2 of 7 -- Victorian Legislation and Parliamentary Documents S.R. No. 59/2004 Drugs, Poisons and Controlled Substances (Confiscation) Regulations 2004 2 (2) The prescribed form of a notice under section 81D of the Drugs, Poisons and Controlled Substances Act 1981 that seized property is being held under section 79 of the Confiscation Act 1997 is the form set out in Schedule 2. __________________ r. 3 -- 3 of 7 -- Victorian Legislation and Parliamentary Documents S.R. No. 59/2004 Drugs, Poisons and Controlled Substances (Confiscation) Regulations 2004 3 SCHEDULES SCHEDULE 1 Regulation 3(1) 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 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 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 7 -- Victorian Legislation and Parliamentary Documents S.R. No. 59/2004 Drugs, Poisons and Controlled Substances (Confiscation) Regulations 2004 4 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 -- 5 of 7 -- Victorian Legislation and Parliamentary Documents S.R. No. 59/2004 Drugs, Poisons and Controlled Substances (Confiscation) Regulations 2004 5 SCHEDULE 2 Regulation 3(2) 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 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 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 7 -- Victorian Legislation and Parliamentary Documents S.R. No. 59/2004 Drugs, Poisons and Controlled Substances (Confiscation) Regulations 2004 6 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. 2 -- 7 of 7 --