Confiscation Regulations 1998
i
Confiscation Regulations 1998
S.R. No. 67/1998
TABLE OF PROVISIONS
Regulation Page
1. Objectives 1
2. Authorising provisions 2
3. Commencement 2
4. Revocation 2
5. Definitions 2
6. Appropriate officer 3
7. Corresponding law 4
8. Interstate forfeiture order 5
9. Interstate pecuniary penalty order 5
10. Interstate restraining orders 6
11. Law enforcement agency 7
12. Application for restraining order 7
13. Further orders 8
14. Particulars of restraining order to be recorded on register 8
15. Application for civil forfeiture 8
16. Effect of forfeiture 8
17. Power to discharge mortgage or charge 9
18. Disposal of forfeited property 9
19. Application to Minister for return of property 9
20. Buying back interest in forfeited property 9
21. Buying out other interests in forfeited property 10
22. Application for pecuniary penalty order 10
23. Assessment of benefits in relation to civil forfeiture offences 10
24. Declaration that property available to satisfy pecuniary penalty
order 11
25. Particulars of declaration under section 70(1) to be recorded on
register 11
26. Disposal of property obtained to satisfy pecuniary penalty order 11
27. Trustees 12
28. Disposal order 12
29. Forms 12
30. Disposal of livestock or perishable property 13
31. Return of property seized under a warrant 13
32. Order for examination 13
33. Monitoring order 14
34. Registration of interstate orders 14
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ii
35. Secrecy 14
36. Appeals 14
__________________
SCHEDULES 16
SCHEDULE 1—Search warrant 16
SCHEDULE 2—Notice to occupier 19
SCHEDULE 3—Report on execution of warrant 21
SCHEDULE 4—Embargo notice 22
SCHEDULE 5—Search warrant 25
═══════════════
NOTES 28
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1
STATUTORY RULES 1998
S.R. No. 67/1998
Confiscation Act 1997
Confiscation Regulations 1998
The Governor in Council makes the following Regulations:
Dated: 23 June 1998
Responsible Minister:
JAN WADE
Attorney-General
SHARNE BRYAN
Clerk of the Executive Council
1. Objectives
The objectives of these Regulations are—
(a) to prescribe certain persons to exercise
certain powers or perform certain functions
under the Confiscation Act 1997; and
(b) to declare corresponding laws, interstate
forfeiture orders, interstate pecuniary penalty
orders and interstate restraining orders for
the purposes of the Confiscation Act 1997;
and
(c) to prescribe particulars of a restraining order
to be recorded by a registration authority;
and
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(d) to prescribe property which may be the
subject of a disposal order; and
(e) to prescribe forms of search warrant and
certain other forms.
2. Authorising provisions
These Regulations are made under section 146 of
the Confiscation Act 1997.
3. Commencement
These Regulations come into operation on 1 July
1998.
4. Revocation
The Crimes (Confiscation of Profits) Regulations
19871 , the Crimes (Confiscation of Profits)
(Amendment) Regulations 1989 2 and the Crimes
(Confiscation of Profits) (Amendment)
Regulations 1997 3 are revoked.
5. Definitions
(1) In these Regulations—
"Asset Confiscation Office" means Asset
Confiscation Office established within the
Department of Justice for the purposes of the
Act;
"the Act" means the Confiscation Act 1997;
"the Australian Capital Territory Act" means
the Proceeds of Crime Act 1991 of the
Australian Capital Territory;
"the Commonwealth Act" means the Proceeds
of Crime Act 1987 of the Commonwealth;
"the New South Wales Act" means the
Confiscation of Proceeds of Crime Act 1989
of New South Wales;
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"the Northern Territory Act" means the Crimes
(Forfeiture of Proceeds) Act 1988 of the
Northern Territory;
"the Queensland Act" means the Crimes
(Confiscation) Act 1989 of Queensland;
"the South Australian Act" means the Criminal
Assets Confiscation Act 1996 of South
Australia;
"the Tasmanian Act" means the Crime
(Confiscation of Profits) Act 1993 of
Tasmania;
"the Western Australian Act" means the Crimes
(Confiscation of Profits) Act 1988 of
Western Australia.
(2) A reference in this Act to an order under an Act of
another State or of a Territory includes a reference
to—
(a) an order varying that order; and
(b) an order setting aside that order.
6. Appropriate officer
(1) For the purposes of paragraph (b) of the definition
of "appropriate officer" in section 3 of the Act, the
following applications and classes of applications
are prescribed—
(a) applications for the fixing of a period longer
than 6 months for the purposes of the
definition of "relevant period" in section 3 of
the Act;
(b) applications under any of the following
provisions of the Act—
(i) section 16(1)(c)(ii);
(ii) section 32(1);
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(iii) section 58(2);
(iv) section 70(1);
(v) section 77(1);
(vi) section 97(3) for the purposes of
section 97(4)(a);
(vii) section 131(3) for the purposes of
section 131(4).
(2) For the purposes of paragraph (b) of the definition
of "appropriate officer" in section 3 of the Act, the
following persons are prescribed—
(a) the Director of Gaming and Betting
appointed under the Gaming and Betting
Act 1994;
(b) the Victorian Casino and Gaming Authority
established under the Gaming and Betting
Act 1994;
(c) the Director-General within the meaning of
the Conservation, Forests and Lands Act
1987.
7. Corresponding law
For the purposes of the definition of
"corresponding law" in section 3 of the Act, each
of the following laws is declared to be a law that
corresponds to the Act—
(a) the Western Australian Act;
(b) the Commonwealth Act;
(c) the Queensland Act;
(d) the New South Wales Act;
(e) the Criminal Assets Recovery Act 1990 of
New South Wales;
(f) the South Australian Act;
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(g) the Tasmanian Act;
(h) the Northern Territory Act;
(i) the Australian Capital Territory Act.
8. Interstate forfeiture order
The following kinds of orders are declared to be
within the definition of "interstate forfeiture
order" in section 3 of the Act—
(a) orders under section 10 of the Western
Australian Act;
(b) orders under section 19 of the
Commonwealth Act;
(c) orders under section 23 of the Queensland
Act;
(d) orders under section 18 of the New South
Wales Act;
(e) orders under section 8 of the South
Australian Act;
(f) orders under section 16 of the Tasmanian
Act;
(g) orders under section 5 of the Northern
Territory Act;
(h) orders under section 19 of the Australian
Capital Territory Act;
(i) orders under section 22 of the Criminal
Assets Recovery Act 1990 of New South
Wales.
9. Interstate pecuniary penalty order
The following kinds of orders are declared to be
within the definition of "interstate pecuniary
penalty order" in section 3 of the Act—
(a) orders under section 15 of the Western
Australian Act;
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(b) orders under section 26 of the
Commonwealth Act;
(c) orders under section 34 of the Queensland
Act;
(d) orders under section 24 of the New South
Wales Act;
(e) orders under section 9 of the South
Australian Act;
(f) orders under section 21 of the Tasmanian
Act;
(g) orders under section 10 of the Northern
Territory Act;
(h) orders under section 25 of the Australian
Capital Territory Act;
(i) orders under section 27 of the Criminal
Assets Recovery Act 1990 of New South
Wales.
10. Interstate restraining orders
The following kinds of orders are declared to be
within the definition of "interstate restraining
order" in section 3 of the Act—
(a) orders under section 20 of the Western
Australian Act;
(b) orders under section 43 or 44 of the
Commonwealth Act;
(c) orders under section 40 of the Queensland
Act;
(d) orders under section 43 of the New South
Wales Act;
(e) orders under section 15 of the South
Australian Act;
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(f) orders under section 26 of the Tasmanian
Act;
(g) orders under section 14 of the Northern
Territory Act;
(h) orders under section 45 of the Australian
Capital Territory Act;
(i) orders under section 10 of the Criminal
Assets Recovery Act 1990 of New South
Wales.
11. Law enforcement agency
For the purposes of the definition of "law
enforcement agency" in section 3 of the Act, the
following authorities and persons are prescribed—
(a) the Director of the Asset Confiscation
Office;
(b) a person employed in the Asset Confiscation
Office in the administration of the Act;
(c) the Director of Gaming and Betting
appointed under the Gaming and Betting
Act 1994;
(d) the Victorian Casino and Gaming Authority
established under the Gaming and Betting
Act 1994;
(e) the Director-General within the meaning of
the Conservation, Forests and Lands Act
1987.
12. Application for restraining order
For the purposes of section 16(1)(a) of the Act,
the following persons and classes of persons are
prescribed—
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(a) the Director of the Asset Confiscation
Office;
(b) a person employed in the Asset Confiscation
Office in the administration of the Act.
13. Further orders
For the purposes of section 26(2)(da) of the Act,
the following persons and classes of persons are
prescribed—
(a) the Director of the Asset Confiscation
Office;
(b) a person employed in the Asset Confiscation
Office in the administration of the Act.
14. Particulars of restraining order to be recorded on
register
The prescribed particulars to be recorded under
section 28(1) of the Act are—
(a) the name of the applicant;
(b) the name of the court by which the order was
made;
(c) the date of the order;
(d) a description of the affected property that is
sufficient to identify it.
15. Application for civil forfeiture
For the purposes of section 37(1) of the Act, the
following persons and classes of persons are
prescribed—
(a) the Director of the Asset Confiscation
Office;
(b) a person employed in the Asset Confiscation
Office in the administration of the Act.
16. Effect of forfeiture
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For the purposes of sub-sections (3)(c) and (4) of
section 41 of the Act, the following persons are
prescribed—
(a) the Director of the Asset Confiscation
Office;
(b) the Deputy Director of the Asset
Confiscation Office.
17. Power to discharge mortgage or charge
For the purposes of section 42(1)(a) of the Act,
the following persons and classes of persons are
prescribed—
(a) the Director of the Asset Confiscation
Office;
(b) a person employed in the Asset Confiscation
Office in the administration of the Act.
18. Disposal of forfeited property
For the purposes of sub-sections (1), (4) and (6) of
section 44 of the Act, the following persons are
prescribed—
(a) the Director of the Asset Confiscation
Office;
(b) the Deputy Director of the Asset
Confiscation Office.
19. Application to Minister for return of property
For the purposes of section 55(8) of the Act, the
following persons are prescribed—
(a) the Director of the Asset Confiscation
Office;
(b) the Deputy Director of the Asset
Confiscation Office.
20. Buying back interest in forfeited property
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For the purposes of section 56(5) of the Act, the
following persons are prescribed—
(a) the Director of the Asset Confiscation
Office;
(b) the Deputy Director of the Asset
Confiscation Office.
21. Buying out other interests in forfeited property
For the purposes of section 57(5) of the Act, the
following persons are prescribed—
(a) the Director of the Asset Confiscation
Office;
(b) the Deputy Director of the Asset
Confiscation Office.
22. Application for pecuniary penalty order
For the purposes of section 63(1) of the Act, the
following persons and classes of persons are
prescribed—
(a) the Director of the Asset Confiscation
Office;
(b) a person employed in the Asset Confiscation
Office in the administration of the Act.
23. Assessment of benefits in relation to civil forfeiture
offences
For the purposes of section 68(1) of the Act, the
following persons and classes of persons are
prescribed—
(a) the Director of the Asset Confiscation
Office;
(b) a person employed in the Asset Confiscation
Office in the administration of the Act.
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24. Declaration that property available to satisfy
pecuniary penalty order
For the purposes of section 70(1) of the Act, the
following persons and classes of persons are
prescribed—
(a) the Director of the Asset Confiscation
Office;
(b) a person employed in the Asset Confiscation
Office in the administration of the Act.
25. Particulars of declaration under section 70(1) to be
recorded on register
The prescribed particulars to be recorded under
section 72(7) of the Act are—
(a) a description of the affected property that is
sufficient to identify it;
(b) the name of the registered owner of the
property;
(c) the date on which the declaration was made;
(d) the name of the court by which the
declaration was made;
(e) the name of the defendant;
(f) the name of any other person to whom notice
of the application for the declaration was
given under section 70(3) of the Act.
26. Disposal of property obtained to satisfy pecuniary
penalty order
For the purposes of sub-sections (1), (4) and (6) of
section 73 of the Act, the following persons are
prescribed—
(a) the Director of the Asset Confiscation
Office;
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(b) the Deputy Director of the Asset
Confiscation Office.
27. Trustees
For the purposes of sub-sections (1) and (7) of
section 76 of the Act, the following persons are
prescribed—
(a) the Director of the Asset Confiscation
Office;
(b) the Deputy Director of the Asset
Confiscation Office.
28. Disposal order
For the purposes of section 77(1) of the Act, the
following property is prescribed—
(a) a dangerous article within the meaning of the
Control of Weapons Act 1990;
(b) a prescribed weapon within the meaning of
the Control of Weapons Act 1990;
(c) a regulated weapon within the meaning of
the Control of Weapons Act 1990;
(d) any article of clothing or of disguise;
(e) any document.
29. Forms
(1) The prescribed form of search warrant issued
under Part 11 of the Act is the form set out in
Schedule 1.
(2) An occupier's notice under section 83 of the Act
may be in the form set out in Schedule 2.
(3) A report under section 89(1) of the Act may be in
the form set out in Schedule 3.
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(4) The prescribed form of embargo notice issued
under section 93 of the Act is the form set out in
Schedule 4.
(5) The prescribed form of search warrant issued
under Division 2 of Part 13 of the Act is the form
set out in Schedule 5.
30. Disposal of livestock or perishable property
For the purposes of section 96 of the Act, the
following persons are prescribed—
(a) the Director of the Asset Confiscation
Office;
(b) the Deputy Director of the Asset
Confiscation Office.
31. Return of property seized under a warrant
(1) For the purposes of sub-sections (1) and (2) of
section 97 of the Act, the following persons are
prescribed—
(a) the Director of the Asset Confiscation
Office;
(b) the Deputy Director of the Asset
Confiscation Office.
(2) For the purposes of section 97(4)(a) of the Act,
the following persons and classes of persons are
prescribed—
(a) the Director of the Asset Confiscation
Office;
(b) a person employed in the Asset Confiscation
Office in the administration of the Act.
32. Order for examination
For the purposes of section 98(1) of the Act, the
following persons and classes of persons are
prescribed—
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(a) the Director of the Asset Confiscation
Office;
(b) a person employed in the Asset Confiscation
Office in the administration of the Act.
33. Monitoring order
For the purposes of section 118(2) of the Act, the
following persons are prescribed—
(a) the Director of the Asset Confiscation
Office;
(b) the Deputy Director of the Asset
Confiscation Office.
34. Registration of interstate orders
For the purposes of section 125(1) of the Act, the
following persons and classes of persons are
prescribed—
(a) the Director of the Asset Confiscation
Office;
(b) a person employed in the Asset Confiscation
Office in the administration of the Act.
35. Secrecy
For the purposes of section 140(3) of the Act, the
following persons and classes of persons are
prescribed—
(a) the Director of the Asset Confiscation
Office;
(b) a person employed in the Asset Confiscation
Office in the administration of the Act.
36. Appeals
For the purposes of section 142(5) of the Act, the
following persons and classes of persons are
prescribed—
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(a) the Director of the Asset Confiscation
Office;
(b) a person employed in the Asset Confiscation
Office in the administration of the Act.
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SCHEDULES
SCHEDULE 1
Search Warrant (Part 11)
SEARCH WARRANT
Court Ref.
Purpose for which warrant is issued
! to search for the tainted property described below
! to search for the forfeited property described below
Description of tainted or forfeited property
Premises which may be searched for tainted or forfeited property
Number and name of street
suburb
Nature of offence in reliance on which warrant is issued
(Insert statement of nature of offence)
! person charged with offence
! person likely to be charged with offence within the next 48 hours
! person convicted of offence
Reasons for issue of warrant
Reasonable grounds for believing that there
! is
! may be within the next 72 hours
in or on the premises described above tainted or forfeited property
described above
This warrant is issued to
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Name, Rank, No.
Address
* an application having been made in writing.
* an application having been made by telephone.
Warrant *transmitted/*not transmitted by facsimile machine.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
This warrant authorises any member of the police force with the aid of any
assistants considered necessary—
! to break, enter and search the premises described above for any tainted or
forfeited property described above.
! to search any person found in or on the premises described above
suspected on reasonable grounds of having on his or her person any
tainted or forfeited property described above.
! to seize any such property.
The power to seize property includes the power to remove the property, to
guard the property in or on the premises, to make copies of the whole or part
of the property or to issue an embargo notice under section 93 of the
Confiscation Act 1997 in respect of the property.
A member of the police force executing this warrant may also seize other
property not of the kind described above if the member believes on
reasonable grounds that the property is of a kind that could have been
included in this search warrant or will afford evidence about the commission
of another forfeiture offence and the member believes on reasonable grounds
that it is necessary to seize that property in order to prevent its concealment,
loss or destruction or its use in committing or continuing a forfeiture offence.
If reasonably necessary to do so the person authorised to search may break
open any receptacle in or on the premises for the purposes of the search.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
This warrant ceases to have effect at the end of one month after its issue, or if
it is recalled and cancelled by the magistrate or judge who issued it or if it is
executed, whichever occurs first.
The member of the police executing this warrant is required to produce this
warrant for inspection by an occupier of, or a person who is in charge of, the
premises if requested to do so, and, unless otherwise ordered by the judicial
officer issuing this warrant, must serve the occupier's notice attached to the
execution copy of this warrant on a person who appears to be an occupier of,
or to be in charge of, the premises and to be aged 18 or more. (If no such
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person is in attendance the attached occupier's notice must be served as soon
as practicable after the execution of this warrant.)
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
This warrant is authorised by Part 11 of the Confiscation Act 1997.
Issued at am/pm on / / by *Magistrate
*Judge of the County Court
*Judge of the Supreme Court
* Delete whichever is inapplicable
__________________
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SCHEDULE 2
NOTICE TO OCCUPIER
A search warrant authorised by Part 11 of the Confiscation Act 1997 was
issued at am/pm on / / by *Magistrate
*Judge of the County Court
*Judge of the Supreme Court
* Delete whichever is inapplicable
Purpose for which warrant was issued
! to search for the tainted property described below
! to search for the forfeited property described below
Description of tainted or forfeited property
Premises which may be searched for tainted or forfeited property
Number and name of street
suburb
Nature of offence in reliance on which warrant was issued
(Insert statement of nature of offence)
! person charged with offence
! person likely to be charged with offence within the next 48 hours
! person convicted of offence
The warrant was issued to
Name, Rank, No.
Address
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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The warrant authorises any member of the police force with the aid of any
assistants considered necessary—
! to break, enter and search the premises described above for any tainted or
forfeited property described above.
! to search any person found in or on the premises described above
suspected on reasonable grounds of having on his or her person any
tainted or forfeited property described above.
! to seize any such property.
The power to seize property includes the power to remove the property, to
guard the property in or on the premises, to make copies of the whole or part
of the property or to issue an embargo notice under section 93 of the
Confiscation Act 1997 in respect of the property.
A member of the police force executing the warrant may also seize other
property not of the kind described above if the member believes on
reasonable grounds that the property is of a kind that could have been
included in this search warrant or will afford evidence about the commission
of another forfeiture offence and the member believes on reasonable grounds
that it is necessary to seize that property in order to prevent its concealment,
loss or destruction or its use in committing or continuing a forfeiture offence.
If reasonably necessary to do so the person authorised to search may break
open any receptacle in or on the premises for the purposes of the search.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
The warrant ceases to have effect at the end of one month after its issue, or if
it is recalled and cancelled by the magistrate or judge who issued it or if it is
executed, whichever occurs first.
The member of the police executing the warrant is required to produce the
warrant for inspection by an occupier of, or a person who is in charge of, the
premises if requested to do so, and, unless otherwise ordered by the judicial
officer who issued the warrant, must serve this occupier's notice on a person
who appears to be an occupier of, or to be in charge of, the premises and to
be aged 18 or more. (If no such person is in attendance the occupier's notice
must be served as soon as practicable after the execution of the warrant.)
__________________
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SCHEDULE 3
REPORT ON EXECUTION OF WARRANT
To the issuing Judge/Magistrate
I, (complete name, rank, No. and address)
being the person to whom this search warrant was issued, report the
following outcome in relation to the warrant:
! The warrant was executed by
(complete name, rank, No. and address)
at am/pm on
The following items were seized [number and describe each item]
If insufficient room attach extra page(s)
Are there any pages attached ! No ! Yes
An occupier's notice *was served on [name of person served and whether occupier of, or
in charge of, premises]
*was not served
An embargo notice *was not issued
An embargo notice *was issued
An embargo notice *was served on [name of person served] in relation to the
following property *was affixed to the following property: [describe property]
! This warrant was not executed because
[set out reasons why warrant not executed]
Dated at this day of 199
Signature
__________________
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SCHEDULE 4
EMBARGO NOTICE
A search warrant authorised by Part 11 of the Confiscation Act 1997 was
issued at am/pm on / / by *Magistrate
*Judge of the County Court
*Judge of the Supreme Court
* Delete whichever is inapplicable
Purpose for which warrant was issued
! to search for the tainted property described below
! to search for the forfeited property described below
Description of tainted or forfeited property
Premises which may be searched for tainted or forfeited property
Number and name of street
suburb
Nature of offence in reliance on which warrant was issued
(Insert statement of nature of offence)
! person charged with offence
! person likely to be charged with offence within the next 48 hours
! person convicted of offence
This embargo notice is issued by
Name, Rank, No.
Address
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The search warrant authorised any member of the police force with the aid of
any assistants considered necessary—
! to break, enter and search the premises described above for any tainted or
forfeited property described above.
! to search any person found in or on the premises described above
suspected on reasonable grounds of having on his or her person any
tainted or forfeited property described above.
! to seize any such property.
The power to seize property includes the power to remove the property, to
guard the property in or on the premises, to make copies of the whole or part
of the property or to issue an embargo notice under section 93 of the
Confiscation Act 1997 in respect of the property.
A member of the police force executing the warrant may also seize other
property not of the kind described above if the member believes on
reasonable grounds that the property is of a kind that could have been
included in the search warrant or will afford evidence about the commission
of another forfeiture offence and the member believes on reasonable grounds
that it is necessary to seize that property in order to prevent its concealment,
loss or destruction or its use in committing or continuing a forfeiture offence.
If reasonably necessary to do so the person authorised to search may break
open any receptacle in or on the premises for the purposes of the search.
An embargo notice may be issued by a member of the police force in relation
to property that he or she is authorised to seize if the property cannot, or
cannot readily, be physically seized and removed.
It is an offence punishable with up to 10 years imprisonment or a fine of
1200 penalty units or both for a person who knows that an embargo notice
relates to property to—
• sell
• lease
• move without the written consent of the member of the police force who
issued the embargo notice
• transfer
• otherwise deal with
the property.
It is a defence to a prosecution for such an offence to prove that the property
was moved for the purpose of protecting and preserving it.
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This embargo notice ceases to be in force 21 days after its issue unless an
application for a restraining order in respect of the property to which it
relates has been made within that time in which case the notice continues in
force until that application is determined.
__________________
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SCHEDULE 5
Search Warrant (Part 13, Division 2)
SEARCH WARRANT
Court Ref.
This warrant is issued for the purpose of searching for property-tracking
document(s)
Description of property-tracking document(s)
Description of property to which property-tracking document(s) relate(s)
Premises which may be searched for property-tracking document(s)
Number and name of street
suburb
Nature of offence in reliance on which warrant is issued
! forfeiture offence
! automatic forfeiture offence
! civil forfeiture offence
(Insert here statement of nature of offence)
! person convicted of offence
! reasonable grounds for believing offence committed by a person
Reasons for issue of warrant
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Reasonable grounds for believing that there—
! is
! may be within the next 72 hours
in or on the premises described above a property-tracking document
described above.
I am satisfied that—
! the document cannot be identified or described with sufficient
particularity to enable a production order to be made in respect of it.
! a production order made in respect of the document has not been
complied with.
! there are reasonable grounds to suspect that it would be unlikely that any
production order made in respect of the document would be complied
with.
! the investigation might be seriously prejudiced if the applicant did not
gain immediate access to the document without notice to any person.
! the person convicted of the offence or believed to have committed the
offence derived a benefit in relation to the offence, having regard to
section 67 or 68 (as the case may be) of the Act.
! property specified in the application—
• is subject to the effective control of that person;
• was the subject of a gift from that person.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
This warrant is issued to—
* Director of Public Prosecutions for Victoria
* Member of the Police Force
Name, Rank, No.
Address
on an application made in writing.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
This warrant authorises the person to whom it is directed with the aid of any
assistants considered necessary—
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! to break, enter and search the premises described above for any document
of the kind described above.
! to seize any document found in the course of the search that the person
executing this warrant believes, on reasonable grounds, to be a document
of that kind.
The power to seize any document found in the course of the search includes
the power to seize any document or thing that the person executing this
warrant believes, on reasonable grounds—
• to be a property-tracking document in relation to the offence (although
not of a kind described in this warrant) or in relation to another forfeiture
offence, automatic forfeiture offence or civil forfeiture offence;
• to be a thing that will afford evidence about the commission of a
forfeiture offence—
and that he or she believes, on reasonable grounds, is necessary to be seized
in order to prevent its concealment, loss or destruction.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
This warrant ceases to have effect at the end of one month after its issue, or if
it is recalled and cancelled by the magistrate or judge who issued it or if it is
executed, whichever occurs first.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
This warrant is authorised by Division 2 of Part 13 of the Confiscation Act
1997.
Issued at am/pm on / / by *Magistrate
*Judge of the County Court
*Judge of the Supreme Court
* Delete whichever is inapplicable
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NOTES
1 Reg. 4: S.R. No. 181/1987.
2 Reg. 4: S.R. No. 211/1989.
3 Reg. 4: S.R. No. 132/1997.
Notes
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