Confiscation (Amendment) Act 2003

Victorian Legislation and Parliamentary Documents i Confiscation (Amendment) Act 2003 Act No. 63/2003 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purpose 1 2. Commencement 2 3. Principal Act 2 PART 2—AMENDMENTS TO THE PRINCIPAL ACT 3 4. Definitions amended 3 5. New definitions inserted 4 6. Magistrates' Court jurisdiction 5 7. County Court jurisdiction 5 8. New sections 19A to 19E inserted 6 19A. Notice requiring declaration of property interests 6 19B. What must be included in a declaration of property interests? 6 19C. Offences 6 19D. Court directions to provide information 7 19E. Admissibility of statement 8 9. Further orders relating to existing restraining order 8 10. New Part 2A inserted—freezing orders 9 PART 2A—FREEZING ORDERS 9 31A. Definition 9 31B. Chief Commissioner of Police may authorise police to apply for freezing orders 10 31C. Freezing order 10 31D. Application for freezing order 11 31E. Application may be made by telephone etc. 13 31F. Making of freezing order 13 31G. Notice of freezing order 15 31H. When does a freezing order take effect? 17 31I. Extension of freezing orders 17 31J. Report to Magistrates' Court on freezing order 19 31K. Failure to comply with freezing order 20 -- 1 of 106 -- Victorian Legislation and Parliamentary Documents Section Page ii 31L. Offence to disclose existence of freezing order 20 31M. Freezing order to be disregarded for application of section 122 23 11. Forfeiture where defendant has absconded 23 12. New Division 1A of Part 3 inserted 23 Division 1A—Tainted Property Substitution Declaration 23 34A. Interpretation 23 34B. Application for tainted property substitution declaration 24 34C. Court may make tainted property substitution declaration 25 13. New sections 35A to 35C inserted 26 35A. Automatic forfeiture offences—application for court declaration 26 35B. Applicant to notify defendant 27 35C. Court may make declaration 27 14. Declaration that property has been forfeited 27 15. Application for civil forfeiture 27 16. Disposal of property 28 17. Disposal orders 28 18. New Part 10A inserted—property management 29 PART 10A—PROPERTY MANAGEMENT 29 78A. Memorandum of understanding 29 78B. Certificate of responsibility and power 30 19. New section 79A inserted 30 79A. Seizure warrants—public places 30 20. Consequential amendments—seizure warrants 32 21. New section 84A inserted 33 84A. Duty to show seizure warrant 33 22. References to seizure warrants 33 23. New section 88A inserted 33 88A. Notice of execution of seizure warrant 33 24. Further references to seizure warrants 34 25. New sections 95A to 95E inserted 35 95A. Application for property seized under search warrants under other Acts to be held or retained under this Act 35 95B. What must be in the application? 36 95C. Court may make declaration 36 95D. Notice of declaration 37 95E. Effect of declaration 37 26. Return of seized property—applications and seizure warrants 38 -- 2 of 106 -- Victorian Legislation and Parliamentary Documents Section Page iii 27. New Part 11A inserted—property management warrants 39 PART 11A—PROPERTY MANAGEMENT WARRANTS 39 Division 1—Search and Inspection Warrants 39 97A. Application for search and inspection warrant 39 97B. Search and inspection warrant 40 97C. Record of proceedings for search and inspection warrant 42 97D. Announcement before entry 42 97E. Copy of search and inspection warrant to be given to occupier 43 97F. Use of assistants to execute search and inspection warrant 44 97G. Application of Magistrates' Court Act 1989 44 97H. Expiry of search and inspection warrant 44 97I. Report on execution of warrant etc. 44 97J. Copy of inventory to be given 46 97K. Defects in search and inspection warrant 46 97L. Obstruction or hindrance of person executing search and inspection warrant 47 Division 2—Search and Seizure Warrants 47 97M. Application for search and seizure warrant 47 97N. Search and seizure warrant 48 97O. Record of proceedings for search and seizure warrant 49 97P. Announcement before entry 49 97Q. Copy of search and seizure warrant to be given to occupier 50 97R. Use of assistants to execute search and seizure warrant 51 97S. Application of Magistrates' Court Act 1989 51 97T. Expiry of search and seizure warrant 51 97U. Report on execution of search and seizure warrant etc. 51 97V. Defects in search and seizure warrant 52 97W. Obstruction or hindrance of person executing search and seizure warrant 53 28. Examination orders 53 29. New Division 3A of Part 13 inserted 54 Division 3A—Information Notices 54 118A. Definition 54 118B. Chief Commissioner of Police may authorise police to issue information notices 54 118C. Who can issue information notices? 54 118D. Issuing information notices—authorised member of police force 55 118E. Issuing information notices—prescribed person 56 -- 3 of 106 -- Victorian Legislation and Parliamentary Documents Section Page iv 118F. Information notice to be signed and reasons recorded 56 118G. What can an information notice require? 56 118H. What must the information notice contain? 57 118I. How is an information notice given? 58 118J. Offence to fail to comply with information notice 59 118K. Offence to disclose existence of information notice 59 118L. Immunity from suit 62 118M. Giving of information notice to be disregarded for application of section 122 62 30. New Division 4A of Part 13 inserted 62 Division 4A—Sharing of Information 62 119A. Communication of information between law enforcement agencies 62 31. New Division 6 of Part 13 inserted 63 Division 6—Document Requests 63 120A. When a document request may be made 63 120B. Document request 63 120C. Offences 64 120D. Requested documents to be provided—Court order 64 120E. Return of documents 65 32. New section 139A inserted 65 139A. Reports to the Minister 65 33. Secrecy 67 34. New section 143A inserted 67 143A. Delegation 67 35. Supreme Court—limitation of jurisdiction 67 36. Forfeiture offences 67 37. New items 1(ac) and (ad) inserted—trafficking in drug of dependence 69 38. Item 2 substituted and new items 2A to 2C inserted—automatic forfeiture offences 70 39. Money laundering 78 40. Attempts 78 41. Item 7 substituted and new items 8 and 9 inserted—automatic forfeiture offences 78 PART 3—TRANSITIONAL PROVISIONS 80 42. New sections 158 to 172 inserted 80 158. Confiscation (Amendment) Act 2003—definition of tainted property" transitional provision 80 159. Confiscation (Amendment) Act 2003—declaration of property interests transitional provision 80 160. Confiscation (Amendment) Act 2003—freezing orders transitional provision 80 -- 4 of 106 -- Victorian Legislation and Parliamentary Documents Section Page v 161. Confiscation (Amendment) Act 2003—tainted property substitution declaration transitional provisions 81 162. Confiscation (Amendment) Act 2003—disposal orders transitional provision 81 163. Confiscation (Amendment) Act 2003—property seized under other Acts transitional provision 81 164. Confiscation (Amendment) Act 2003—examination orders transitional provision 82 165. Confiscation (Amendment) Act 2003—document requests transitional provisions 82 166. Confiscation (Amendment) Act 2003—Schedule 1 offences transitional provisions 82 167. Confiscation (Amendment) Act 2003—Schedule 2— drug trafficking offences transitional provisions 83 168. Confiscation (Amendment) Act 2003—Schedule 2 offences transitional provisions 84 169. Confiscation (Amendment) Act 2003—Schedule 2— money laundering transitional provisions 85 170. Confiscation (Amendment) Act 2003—Schedule 2— attempts transitional provisions 85 171. Confiscation (Amendment) Act 2003—Schedule 2— common law offences transitional provisions 86 172. Interpretation of Legislation Act 1984 87 PART 4—AMENDMENTS TO OTHER ACTS 88 Division 1—Crimes Act 1958 88 43. Seizure of tainted property under Crimes Act 1958 warrant 88 44. New sections 465A to 465E inserted 88 465A. Notice that seized thing is being held for purposes of Confiscation Act 1997 88 465B. Application for tainted property to be held or retained— return of warrant to court 89 465C. Court may make direction 89 465D. Notice of direction under section 465C 90 465E. Effect of directions under sections 465(1B) and 465C 91 Division 2—Drugs, Poisons and Controlled Substances Act 1981 91 45. New definition inserted 91 46. Seizure of tainted property under Drugs, Poisons and Controlled Substances Act 1981 warrant 92 47. New sections 81A to 81E inserted 93 81A. Notice that seized thing or document is being held for purposes of Confiscation Act 1997 93 81B. Application for tainted property to be held or retained— return of warrant to court 93 -- 5 of 106 -- Victorian Legislation and Parliamentary Documents Section Page vi 81C. Court may make direction 94 81D. Notice of direction under section 81C 95 81E. Effect of directions under sections 81(1A) and 81C 95 48. Amendment of Schedule Ten warrant—Drugs, Poisons and Controlled Substances Act 1981 96 49. New Part 3 of Schedule Eleven to the Drugs, Poisons and Controlled Substances Act 1981 inserted 96 Division 3—Sentencing Act 1991 99 50. Property forfeited under automatic forfeiture 99 ═══════════════ ENDNOTES 100 -- 6 of 106 -- Victorian Legislation and Parliamentary Documents 1 Confiscation (Amendment) Act 2003† [Assented to 30 September 2003] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purpose The main purpose of this Act is to make various amendments to the Confiscation Act 1997 relating to the asset confiscation regime under that Act. Victoria No. 63 of 2003 -- 7 of 106 -- Victorian Legislation and Parliamentary Documents Part 1—Preliminary Confiscation (Amendment) Act 2003 Act No. 63/2003 2 2. Commencement (1) Subject to sub-section (2), this Act comes into operation on a day or days to be proclaimed. (2) If a provision referred to in sub-section (1) does not come into operation before 1 December 2003, it comes into operation on that day. 3. Principal Act In this Act, the Confiscation Act 1997 is called the Principal Act. __________________ s. 2 See: Act No. 108/1997. Reprint No. 2 as at 13 September 2001 and amending Act Nos 61/2001 and 35/2002. LawToday: www.dms. dpc.vic. gov.au -- 8 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 3 PART 2—AMENDMENTS TO THE PRINCIPAL ACT 4. Definitions amended (1) In section 3 of the Principal Act, for the definition of "automatic forfeiture offence" substitute— ' "automatic forfeiture offence" means an offence referred to in Schedule 2 and— (a) if circumstances are specified in Schedule 2 in relation to that offence, means an offence committed in those circumstances; and (b) in Parts 11, 13 and 14, includes an interstate offence;'. (2) In section 3 of the Principal Act, in the definition of "financial institution"— (a) in paragraph (d), for "Commonwealth;" substitute "Commonwealth; or"; (b) after paragraph (d) insert— "(e) a casino operator within the meaning of the Casino Control Act 1991; or (f) the holder of the wagering licence under Part 2 of the Gaming and Betting Act 1994;". (3) In section 3 of the Principal Act, in the definition of "law enforcement agency", after paragraph (b) insert— "(ba) any other authority or person responsible for the performance of functions or activities under this Act directed to— (i) the management of property seized under this Act or property in respect of which a restraining order is made (other than a trustee); or s. 4 -- 9 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 4 (ii) the enforcement of this Act; or (iii) the enforcement of orders made under this Act; or". (4) In section 3 of the Principal Act, in the definition of "premises", after "any place" insert "(other than a public place)". (5) In section 3 of the Principal Act, in the definition of "tainted property"— (a) in paragraph (c), for "offence;" substitute "offence; or"; (b) after paragraph (c) insert— "(d) in the case of an offence against section 122, is referred to in section 122(2); or (e) in the case of an offence against section 123(1), is referred to in that section;". 5. New definitions inserted (1) In section 3 of the Principal Act insert the following definitions— ' "automatic forfeiture quantity" has the same meaning as it has in the Drugs, Poisons and Controlled Substances Act 1981; "document request" means a request for documents made under Division 6 of Part 13 in relation to property for which the Secretary has responsibility under a memorandum of understanding entered into under section 78A; "freezing order" means an order made under section 31F; "information notice" means a notice issued under section 118D or 118E; s. 5 -- 10 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 5 "occupier", in Part 11A, means a person who appears to be an occupier of, or to be in charge of, the premises and to be aged 18 years or more; "Secretary" means the Secretary to the Department of Justice; "seizure warrant" means a warrant issued under section 79A;'. (2) At the end of section 3 of the Principal Act insert— '(2) If under the Public Sector Management and Employment Act 1998 the name of the Department of Justice is changed, the reference in sub-section (1) in the definition of "Secretary" to that Department must, from the date when the name is changed, be treated as a reference to the Department by its new name.'. 6. Magistrates' Court jurisdiction After section 12(1) of the Principal Act insert— "(1A) Despite the jurisdictional limit of the Magistrates' Court in civil proceedings, the Magistrates' Court may make a freezing order in respect of an account held with a financial institution, irrespective of the amount held in that account.". 7. County Court jurisdiction In section 12(6) of the Principal Act, for "Supreme Court has" insert "Supreme Court and the County Court have". s. 6 -- 11 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 6 8. New sections 19A to 19E inserted After section 19 of the Principal Act insert— "19A. Notice requiring declaration of property interests (1) If a restraining order is made in respect of property, a member of the police force must give a notice to each person who the applicant for the restraining order believes has an interest in that property requiring the person to give to the member of the police force a written declaration of property interests. (2) A notice under sub-section (1) must— (a) be in the prescribed form; and (b) state the effect of section 19C. 19B. What must be included in a declaration of property interests? (1) A person who has been given a notice under section 19A must provide a written declaration of property interests that states whether that person— (a) has an interest in the property; and (b) believes that any other person has an interest in the property. (2) If the person making the declaration of property interests believes that any other person has an interest in the property, the person making the declaration must state the name of every such person in the declaration. 19C. Offences (1) A person who is given a notice under section 19A must not, without reasonable excuse, fail to give the declaration of s. 8 -- 12 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 7 property interests required by that notice to a member of the police force within 14 days after the notice is given to the person. Penalty: Level 9 fine (60 penalty units maximum). (2) A person who is given a notice under section 19A must not make a statement in the declaration of property interests required by that notice that is false or misleading in a material particular. Penalty: Level 9 fine (60 penalty units maximum). 19D. Court directions to provide information (1) If a person who has been given a notice under section 19A— (a) is convicted of an offence under section 19C(1) or (2); and (b) has not, prior to that conviction, provided the information that should have been provided in a declaration of property interests as required by the notice under section 19A— the court which convicts that person must direct the person to provide the court with the information that should have been provided in a declaration of property interests. (2) If a person who has been given a notice under section 19A— (a) is convicted of the forfeiture offence in relation to which the restraining order was made; and s. 8 -- 13 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 8 (b) has not, prior to that conviction, provided the information that should have been provided in a declaration of property interests as required by the notice under section 19A; and (c) does not have a reasonable excuse for failing to provide the information in a declaration of property interests required by the notice under section 19A— the court which convicts that person must direct the person to provide the court with the information that should have been provided in the declaration of property interests. 19E. Admissibility of statement A statement made by a person in a declaration of property interests given in response to a notice under section 19A is admissible against that person in— (a) a proceeding for making a false or misleading statement in the declaration; or (b) any proceeding under this Act, other than a criminal proceeding in relation to an offence against section 122 or 123— but is not otherwise admissible in evidence against that person.". 9. Further orders relating to existing restraining order (1) After section 26(5)(g) of the Principal Act insert— "(ga) if the restraining order did not direct a trustee to take control of property in accordance with section 14(3), an order directing a trustee to take control of property at any later s. 9 -- 14 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 9 time specified in the order under sub- section (1);". (2) In section 26(5) of the Principal Act— (a) in paragraph (h), for "property." substitute "property;"; (b) after paragraph (h) insert— "(i) an order directing a person to whose property the restraining order relates or who has an interest in that property to use or manage specified property to which the restraining order relates, subject to conditions specified in the order; (j) an order directing a person prescribed for the purposes of sub-section (2)(da), if that person so consents, to do any activity specified in the order that is reasonably necessary for the purpose of managing specified property to which the restraining order relates. Example The court may direct the carrying out of repairs on restrained premises.". 10. New Part 2A inserted—freezing orders After Part 2 of the Principal Act insert— 'PART 2A—FREEZING ORDERS 31A. Definition In this Part— "authorised member of the police force" means— (a) a person authorised under section 31B; or s. 10 -- 15 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 10 (b) a person belonging to a class authorised under section 31B. 31B. Chief Commissioner of Police may authorise police to apply for freezing orders For the purposes of applying for a freezing order under this Part, the Chief Commissioner of Police may authorise in writing the following— (a) a member of the police force; or (b) a class of member of the police force. 31C. Freezing order (1) A freezing order is an order that a financial institution must not allow a person to make withdrawals from a specified account— (a) that is held in the person's name or in the name of the person and another person; or (b) in which the person has an interest— except in the manner and circumstances (if any) specified in the order. (2) For the purposes of a freezing order, it is irrelevant whether or not money is deposited into the account in relation to which the freezing order was made after the order takes effect. (3) A freezing order does not prevent a financial institution from making withdrawals from an account for the purpose of meeting a liability imposed on the financial institution in connection with that account by any law of the State or the Commonwealth. s. 10 -- 16 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 11 31D. Application for freezing order (1) An authorised member of the police force may apply to the Magistrates' Court for a freezing order if the applicant believes on reasonable grounds that— (a) the person in whose name the account is held in respect of which the freezing order is sought or a person who has an interest in that account— (i) has committed, or is about to commit, a forfeiture offence, an automatic forfeiture offence or a civil forfeiture offence; or (ii) was involved in the commission, or is about to be involved in the commission, of such an offence; or (iii) has benefited directly or indirectly, or is about to benefit directly or indirectly, from the commission of such an offence; and (b) an application for a restraining order is likely to be made in respect of property in which the person— (i) in whose name the account is held has an interest; or (ii) who has an interest in the account in respect of which a freezing order is sought, has an interest. (2) Subject to this section and section 31E, an application under sub-section (1) must be supported by an affidavit setting out— (a) the grounds on which the freezing order is sought; and s. 10 -- 17 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 12 (b) the name or names in which the relevant account is held; and (c) the financial institution with which the account is held; and (d) the account number or, if this is not known to the applicant, a description of the account that is sufficient to identify the account. (3) If the applicant for a freezing order believes that it is impracticable for an affidavit to be prepared and sworn before the application is made, an application may be made before an affidavit is prepared or sworn. (4) If sub-section (3) applies, the applicant for a freezing order must— (a) provide as much information as the Magistrates' Court considers is reasonably practicable in the circumstances; and (b) not later than the day following the making of the application, send a duly sworn affidavit to the venue of the Magistrates' Court that determined the application, whether or not a freezing order has been made. (5) In addition to the powers of the Magistrates' Court under section 126 of the Magistrates' Court Act 1989, the Court may order that the whole or any part of the proceedings for an application for a freezing order be heard in closed court if the Court is of the opinion that it is necessary to do so in order not to prejudice an investigation by a member of the police force. s. 10 -- 18 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 13 31E. Application may be made by telephone etc. (1) If it is impracticable for the applicant for a freezing order to apply in person, the applicant may apply under section 31D for a freezing order by telephone, facsimile or other form of communication. (2) If transmission by facsimile machine is available and an affidavit has been prepared, the applicant must transmit a copy of the affidavit, whether sworn or unsworn, to the venue of the Magistrates' Court that is to determine the application for a freezing order. (3) If an application is made under section 31D in accordance with this section, the applicant, not later than the day following the making of the application, must send the original affidavit duly sworn to the venue of the Magistrates' Court that determined the application, whether or not a freezing order has been made. 31F. Making of freezing order (1) On an application under section 31D, the Magistrates' Court may make a freezing order if it is satisfied— (a) that there are reasonable grounds for believing the matters referred to in paragraphs (a) and (b) of section 31D(1); and (b) if the application has been made without an affidavit, that— (i) there are sufficiently urgent circumstances to justify the making of an application without an affidavit; and s. 10 -- 19 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 14 (ii) it would have been impracticable for an affidavit to have been prepared and sworn before the application was made; and (c) if the application has not been made in person, that it would have been impracticable for the applicant to have applied in person for the freezing order; and (d) that it is appropriate to make the freezing order. (2) In determining whether a freezing order should be made, the Magistrates' Court must have regard to— (a) the amount of money in the account to be frozen; and (b) whether the account is held in the name of more than one person; and (c) any hardship that may reasonably be likely to be caused to any person by the order. (3) A freezing order must specify— (a) the name of the magistrate constituting the court which made the order; and (b) the date and time at which the order was made; and (c) the name of the financial institution with which the account is held; and (d) the number of the account to be frozen or a description of the account that is sufficient to identify the account; and (e) any conditions to which the order is subject. s. 10 -- 20 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 15 (4) A freezing order must be in the prescribed form. (5) Subject to sub-section (6), if the Magistrates' Court makes a freezing order on an application made in accordance with section 31E, the Court must— (a) inform the applicant of the terms of the freezing order and the date on which and the time at which it was made; and (b) if transmission by facsimile machine is available, transmit a copy of the freezing order to the applicant. (6) If a copy of the freezing order has not been transmitted by facsimile machine, the Magistrates' Court must make a copy of the freezing order available to the applicant as soon as practicable. 31G. Notice of freezing order (1) If the Magistrates' Court makes a freezing order and a copy of the order is provided to the applicant in writing or by facsimile at the time the order is made, a member of the police force must give to the relevant financial institution— (a) a copy of the freezing order; and (b) a notice in the prescribed form which specifies— (i) that the freezing order takes effect at the time that notice of the freezing order is given to the financial institution and lasts for 72 hours unless the financial institution is otherwise advised by a member of the police force that the order— s. 10 -- 21 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 16 (A) has ceased to have effect; or (B) has been extended by court order under section 31I; and (ii) the effect of sections 31K and 31L. (2) If the Magistrates' Court makes a freezing order and a copy of the order is not provided to the applicant in writing or by facsimile at the time the order is made, a member of the police force must give to the relevant financial institution a notice in the prescribed form which specifies— (a) the name of the magistrate constituting the court which made the order; and (b) the date and time at which the order was made; and (c) the name of the financial institution; and (d) the number of the account to be frozen or a description of the account that is sufficient to identify the account; and (e) any conditions to which the order is subject; and (f) that the freezing order takes effect at the time that notice of the freezing order is given to the financial institution and lasts for 72 hours unless the financial institution is otherwise advised by a member of the police force that the order— (i) has ceased to have effect; or (ii) has been extended by court order under section 31I; and (g) the effect of sections 31K and 31L. s. 10 -- 22 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 17 (3) A notice under this section must not be given to the relevant financial institution more than 72 hours after a freezing order has been made. (4) A notice under this section must be given in accordance with section 137 and, without limiting the generality of that section, may be given by facsimile. (5) For the purposes of this section, the regulations may prescribe a composite form which incorporates the prescribed notice required by sub-section (1) and the prescribed notice required by sub-section (2). 31H. When does a freezing order take effect? (1) A freezing order takes effect on the date and at the time that notice of the freezing order is given to the financial institution in accordance with section 31G. (2) Subject to section 31I, a freezing order ceases to be in force on— (a) the making of a restraining order in respect of the money in the account; or (b) the expiration of 72 hours after the time on which the freezing order took effect— whichever occurs first. 31I. Extension of freezing orders (1) A person who applied for a freezing order may apply to the Magistrates' Court for an extension of the duration of that freezing order. s. 10 -- 23 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 18 (2) On an application under sub-section (1), the Magistrates' Court— (a) must have regard to the matters set out in section 31F(2); and (b) must not extend the duration of a freezing order unless the Court is satisfied that— (i) an application for a restraining order in respect of the money in the account has been made; and (ii) the application for the restraining order has not been determined. (3) If the Magistrates' Court extends the duration of a freezing order, the applicant for the extension must give a written notice to the relevant financial institution stating that— (a) the duration of the freezing order has been extended; and (b) the extended freezing order ceases to be in force— (i) when a restraining order is made in respect of the money in the account to which the freezing order applies; or (ii) if a restraining order is not made in respect of the money in the account to which the freezing order applies, when the financial institution is given notice under sub-section (5) that the extended freezing order has ceased to be in force. (4) A written notice under sub-section (3) must be given within 6 hours after the Magistrates' Court extends the freezing order. s. 10 -- 24 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 19 (5) If the Magistrates' Court extends the duration of a freezing order and, on the determination of an application for a restraining order, a restraining order is not made in respect of the money in the account to which the freezing order applies, the applicant for the extension of the freezing order must give a written notice to the relevant financial institution stating that the extended freezing order has ceased to be in force. (6) A written notice under sub-section (5) must be given as soon as practicable, but not more than 6 hours after the application for the restraining order is determined. (7) A freezing order that has been extended under sub-section (2) ceases to be in force— (a) when a restraining order is made in respect of the money in the account to which the freezing order applies; or (b) if a restraining order is not made in respect of the money in the account to which the freezing order applies, when the financial institution is given notice under sub-section (5) that the extended freezing order has ceased to be in force. 31J. Report to Magistrates' Court on freezing order (1) If a freezing order is made, the person who applied for the freezing order must give a report in writing to the registrar of the Magistrates' Court— (a) stating whether or not notice of the freezing order was given to the financial institution in accordance with section 31G; and s. 10 -- 25 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 20 (b) setting out the date on and time at which the freezing order— (i) took effect; and (ii) ceased to be in force; and (c) stating whether or not the freezing order was extended. (2) A report under this section must be made— (a) within 7 days after the freezing order ceases to be in force; or (b) if notice of the freezing order was not given to the financial institution, within 7 days after the freezing order was made. 31K. Failure to comply with freezing order (1) A financial institution that has been given notice of a freezing order must not, without reasonable excuse, fail to comply with the order. Penalty: Level 5 fine (1200 penalty units maximum). (2) An offence against this section is a summary offence. 31L. Offence to disclose existence of freezing order (1) While a freezing order is in force, a financial institution that has been given notice of a freezing order must not disclose the existence or operation of the freezing order to any person except— (a) a member of the police force; or s. 10 -- 26 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 21 (b) an officer or agent of the financial institution, for the purpose of ensuring that the freezing order is complied with; or (c) a legal practitioner acting for the financial institution, for the purpose of obtaining legal advice or representation in relation to the freezing order; or (d) a person in whose name the account is held or who has an interest in the account in respect of which the freezing order is made. Penalty: Level 5 fine (1200 penalty units maximum). (2) While a freezing order is in force, a person to whom the existence or operation of the freezing order is disclosed in accordance with sub-section (1) must not— (a) while he or she is a person of a kind referred to in paragraph (a), (b) or (c) of sub-section (1) disclose the existence or operation of the freezing order to any person except another person of that kind for the purpose of— (i) if the disclosure is made by a member of the police force, the performance of the member's duties; or (ii) if the disclosure is made by an officer or agent of the financial institution, ensuring that the freezing order is complied with or obtaining legal advice or representation in relation to the freezing order; or s. 10 -- 27 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 22 (iii) if the disclosure is made by a legal practitioner, giving legal advice or providing representation in relation to the freezing order; or (b) when he or she is no longer a person of a kind referred to in paragraph (a), (b) or (c) of sub-section (1), make a record of, or disclose, the existence or operation of the freezing order in any circumstances. Penalty: Level 7 imprisonment (2 years maximum) or a level 7 fine (240 penalty units maximum) or both. (3) Nothing in sub-section (2) prevents the disclosure by a person of a kind referred to in paragraph (a), (b) or (c) of sub-section (1) of the existence or operation of a freezing order— (a) for the purposes of, or in connection with, legal proceedings; or (b) in the course of proceedings before a court. (4) Nothing in sub-section (2) prevents the disclosure by a person of a kind referred to in paragraph (a) of sub-section (1) of the existence or operation of a freezing order for the purposes of a report under section 139A(1). (5) While a freezing order is in force, a member of the police force must not be required to disclose to any court the existence or operation of the freezing order. s. 10 -- 28 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 23 (6) A reference in this section to disclosing the existence or operation of a freezing order to a person includes a reference to disclosing information to the person from which the person could reasonably be expected to infer the existence or operation of the freezing order. (7) An offence against sub-section (1) is a summary offence. 31M. Freezing order to be disregarded for application of section 122 If a financial institution is given, or has been given, notice of a freezing order, the fact that the freezing order has been made must be disregarded for the purposes of the application of section 122 (money laundering) in relation to the institution.'. 11. Forfeiture where defendant has absconded In section 32(4)(a) of the Principal Act, after "defendant" insert ", unless the defendant has absconded". 12. New Division 1A of Part 3 inserted In Part 3 of the Principal Act, after Division 1 insert— 'Division 1A—Tainted Property Substitution Declaration 34A. Interpretation (1) For the purposes of this Division, property is not available for forfeiture if the defendant does not have an interest in the property. s. 11 -- 29 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 24 (2) In this Division— "applicant" means a person who may apply for— (a) a forfeiture order; or (b) a restraining order for the purposes of forfeiture. 34B. Application for tainted property substitution declaration (1) If a defendant is convicted of a forfeiture offence, an applicant may apply for a tainted property substitution declaration to— (a) the Supreme Court; or (b) the County Court; or (c) the court before which the defendant was convicted of the offence. (2) The application under sub-section (1) must— (a) be made in conjunction with an application for a forfeiture order; and (b) specify property that the defendant used or intended to use in or in connection with the commission of the forfeiture offence of which the defendant is convicted; and (c) specify property which is to be substituted for the property referred to in paragraph (b) that— (i) is property in which the defendant had an interest at the time that the forfeiture offence was committed; and s. 12 -- 30 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 25 (ii) is of the same nature or description as the property referred to in paragraph (b). Example A defendant is convicted of a sexual offence against a child and, in the commission of that offence, the defendant used a rented flat although the defendant owned a flat at the time. The prosecution may apply to the court for a declaration that the flat owned by the defendant is tainted property although the rented flat and the defendant's flat are not of equal value. (see section 34C(2)). 34C. Court may make tainted property substitution declaration (1) Subject to sub-section (2), a court may make a tainted property substitution declaration if the court is satisfied as to the following matters— (a) that the defendant used or intended to use the property which is not available for forfeiture in or in connection with the commission of the forfeiture offence of which the defendant is convicted; and (b) that the property referred to in paragraph (a) is not available for forfeiture; and (c) that the property which is to be substituted for the property referred to in paragraph (a)— (i) is property in which the defendant had an interest at the time that the forfeiture offence was committed; and s. 12 -- 31 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 26 (ii) is of the same nature or description as the property referred to in paragraph (a). (2) The court may make a tainted property substitution declaration whether or not the value of the property which is not available for forfeiture is equal to the value of the property which is to be substituted for that property. (3) A court must not make a tainted property substitution declaration in respect of any property if, at the time of the commission of the forfeiture offence, the defendant did not have an interest in the property. (4) If the court makes a tainted property substitution declaration in respect of property, that property— (a) is substituted for the property which is not available for forfeiture; and (b) is deemed to be tainted property for the purposes of this Act.'. 13. New sections 35A to 35C inserted After section 35 of the Principal Act insert— "35A. Automatic forfeiture offences— application for court declaration (1) Subject to sub-section (2), the DPP may apply to the court which convicted a defendant of an offence for a declaration that the offence was an automatic forfeiture offence. (2) An application under sub-section (1) must not be made if the court which convicted the defendant of the offence has already made a finding that the offence was committed in the s. 13 -- 32 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 27 circumstances specified in Schedule 2 in relation to that offence. 35B. Applicant to notify defendant (1) The applicant must give written notice of the application under section 35A to the defendant. (2) The court hearing the application under section 35A may waive the requirement to give notice if the defendant is present before the court. (3) The defendant is entitled to appear and to give evidence at the hearing of the application under section 35A but the absence of the defendant does not prevent the court from making a declaration. 35C. Court may make declaration On an application under section 35A, the court may make a declaration if satisfied that the offence is an automatic forfeiture offence.". 14. Declaration that property has been forfeited At the end of section 36 of the Principal Act insert— "(2) An applicant under this section for a declaration that property has been forfeited is not required to give notice of the application to any person who has an interest in the property.". 15. Application for civil forfeiture In section 37(3) of the Principal Act, after "a restraining order" insert "made in reliance on a civil forfeiture offence for the purposes of civil forfeiture". s. 14 -- 33 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 28 16. Disposal of property In section 77(1) of the Principal Act— (a) in paragraph (d), for "sub-section—" substitute "sub-section; or"; (b) after paragraph (d) insert— "(e) any other property that— (i) is of negligible value; or (ii) is not fit for the use for which it is intended and cannot be readily made fit for that use—". 17. Disposal orders (1) In section 78(1) of the Principal Act, for "If" substitute "Subject to sub-section (1A), if". (2) After section 78(1) of the Principal Act insert— "(1A) If an application under section 77(1) is made in respect of property of the kind described in paragraph (e) of that section, the court must be satisfied as to the following matters before making a disposal order under sub- section (1)— (a) that the property— (i) is of negligible value; or (ii) is not fit for the use for which it is intended and cannot be readily made fit for that use; and (b) if there is any other person who has an interest in the property to which the application relates, that the person is not likely to have any objections to the disposal of the property; and s. 16 -- 34 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 29 (c) that there is no other reason not to dispose of the property. Example It may be a reason not to dispose of the property if the property is of sentimental value to a person.". 18. New Part 10A inserted—property management After Part 10 of the Principal Act insert— "PART 10A—PROPERTY MANAGEMENT 78A. Memorandum of understanding (1) The Secretary and a law enforcement agency may enter into a memorandum of understanding that provides for the transfer from the law enforcement agency to the Secretary of responsibilities and powers under this Act in relation to the management of property— (a) seized under this Act; or (b) in respect of which a restraining order has been made; or (c) seized under a warrant under— (i) section 465 of the Crimes Act 1958; or (ii) section 81 of the Drugs, Poisons and Controlled Substances Act 1981. (2) A memorandum of understanding may— (a) refer to— (i) specified property; or (ii) a specified class of property; or s. 18 -- 35 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 30 (iii) a specified person who has an interest in property or against whom an order or declaration is made under this Act; and (b) contain such terms as are agreed to by the Secretary and the law enforcement agency. 78B. Certificate of responsibility and power (1) The Secretary may issue a certificate that states that the Secretary has responsibility for, and power in relation to, specified property by virtue of a specified memorandum of understanding entered into under section 78A. (2) A certificate purporting to be signed by the Secretary and issued under this section— (a) is admissible in evidence in any proceedings; and (b) in the absence of evidence to the contrary, is conclusive evidence of the matters stated in it. (3) A certificate under this section must be in the prescribed form.". 19. New section 79A inserted After section 79 of the Principal Act insert— "79A. Seizure warrants—public places (1) A member of the police force may apply to a magistrate or to a judge of the Supreme Court or County Court for a seizure warrant to be issued under this Part in respect of— (a) tainted property which is at a public place; or s. 19 -- 36 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 31 (b) property forfeited under this Act which is at a public place. (2) A magistrate or judge to whom an application is made under sub-section (1), if satisfied that there are reasonable grounds for believing that there is, or may be within the next 72 hours, any tainted property at a public place or any property forfeited under this Act at a public place, may issue a seizure warrant authorising any member of the police force to seize— (a) the tainted property specified in the warrant from a public place; or (b) the forfeited property specified in the warrant from a public place. (3) A seizure warrant may be issued under this Part in reliance on the commission of a forfeiture offence even if no person has been charged with that offence if the magistrate or judge is satisfied that it is likely that a person will be so charged within 48 hours. (4) There must be stated in a seizure warrant— (a) the purpose for which the warrant is issued; and (b) the nature of the offence in reliance on which the warrant is issued; and (c) a description of the property authorised to be seized. (5) Nothing in a seizure warrant authorises— (a) the seizure of property other than the property specified in the warrant; or (b) the arrest of a person; or s. 19 -- 37 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 32 (c) the entry of any premises to seize property. (6) Every seizure warrant issued under sub- section (2) must be in the prescribed form.". 20. Consequential amendments—seizure warrants (1) In section 80 of the Principal Act, after "search warrant" insert "or a seizure warrant" (wherever occurring). (2) Insert the following heading to section 81 of the Principal Act— "Warrant may be granted by telephone". (3) In section 81 of the Principal Act— (a) in sub-section (1), after "section 79" insert "or a seizure warrant under section 79A"; (b) in sub-section (4), after "section 79(2)" insert "or section 79A(2) (as the case requires)"; (c) in sub-section (5) after "search warrant" insert "or a seizure warrant"; (d) in sub-section (6)— (i) after "the search warrant" (where first occurring) insert "or the seizure warrant"; (ii) in paragraph (a), after "search warrant" insert "or a seizure warrant (as the case requires)"; (iii) in paragraph (b), after "search warrant" insert "or the seizure warrant (as the case requires)"; (e) in sub-section (7) after "search warrant" insert "or a seizure warrant". s. 20 -- 38 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 33 (4) In section 82(1) of the Principal Act, after "search warrant" insert "or a seizure warrant". (5) Insert the following heading to section 84 of the Principal Act— "Duty to show search warrant". 21. New section 84A inserted After section 84 of the Principal Act insert— "84A. Duty to show seizure warrant A member of the police force executing a seizure warrant must produce the warrant for inspection by any person present during the execution of the seizure warrant, if that person— (a) has an interest in the property being seized; or (b) is in charge of the property being seized.". 22. References to seizure warrants (1) In section 86 of the Principal Act, after "search warrant" insert "or a seizure warrant". (2) In section 88 of the Principal Act, after "search warrant" insert "or a seizure warrant". 23. New section 88A inserted After section 88 of the Principal Act insert— "88A. Notice of execution of seizure warrant (1) The applicant for a seizure warrant must give notice of the execution of that warrant to all persons known to have an interest in the property seized under the warrant. s. 21 -- 39 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 34 (2) A notice under sub-section (1) must be— (a) given as soon as practicable, but not more than 7 days after the execution of the seizure warrant; and (b) in the prescribed form.". 24. Further references to seizure warrants (1) In section 89(1) of the Principal Act, after "search warrant" insert "or a seizure warrant". (2) In section 89(1)(d) of the Principal Act, for "stating" substitute "in the case of a search warrant, stating". (3) After section 89(1)(d) of the Principal Act insert— "(da) in the case of a seizure warrant, stating whether or not a notice of the execution of a seizure warrant has been given in accordance with section 88A; and". (4) In section 89(1)(e) of the Principal Act, after "execution of the" insert "search". (5) In section 90 of the Principal Act— (a) after "search warrant" insert "or a seizure warrant"; (b) in paragraph (b), for "a power" substitute "in the case of a search warrant, a power". (6) In section 91 of the Principal Act, after "search warrant" insert "or a seizure warrant". (7) In section 95 of the Principal Act, after "search warrant" insert "or a seizure warrant". s. 24 -- 40 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 35 25. New sections 95A to 95E inserted After section 95 of the Principal Act insert— "95A. Application for property seized under search warrants under other Acts to be held or retained under this Act (1) A member of the police force may apply to the Magistrates' Court for a declaration that property seized under a warrant under— (a) section 465 of the Crimes Act 1958; or (b) section 81 of the Drugs, Poisons and Controlled Substances Act 1981— is to be held or retained as if it were tainted property seized under a warrant under section 79 of this Act. (2) An application under sub-section (1) may only be made if— (a) the property is no longer required for evidentiary purposes under the Crimes Act 1958 or the Drugs, Poisons and Controlled Substances Act 1981 (as the case requires); and (b) no direction has previously been made under section 465(1B) or 465C of the Crimes Act 1958 or section 81(1A) or 81C of the Drugs, Poisons and Controlled Substances Act 1981 (as the case requires). (3) An application may be made within 7 days after the property is no longer required for evidentiary purposes under the Crimes Act 1958 or the Drugs, Poisons and Controlled Substances Act 1981 (as the case requires). s. 25 -- 41 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 36 95B. What must be in the application? (1) An application under section 95A must be supported by evidence on oath or by affidavit of the applicant. (2) An application under section 95A must specify— (a) whether the warrant was issued under the Crimes Act 1958 or the Drugs, Poisons and Controlled Substances Act 1981; and (b) when the warrant was issued; and (c) the property seized under the warrant which is the subject of the application; and (d) the grounds on which the applicant believes that the property seized under the warrant is tainted property; and (e) whether any directions have been made in relation to the property and, if so, whether those directions have been complied with; and (f) the offence or offences with which the defendant has been charged; and (g) that the property which is the subject of the application is no longer required for evidentiary purposes under the Crimes Act 1958 or the Drugs, Poisons and Controlled Substances Act 1981 (as the case requires). 95C. Court may make declaration (1) If the Magistrates' Court is satisfied that it is appropriate to do so, the Court may make a declaration that property seized under a warrant under— s. 25 -- 42 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 37 (a) section 465 of the Crimes Act 1958; or (b) section 81 of the Drugs, Poisons and Controlled Substances Act 1981— is to be held or retained as if it were tainted property seized under a warrant under section 79 of this Act. (2) A declaration must— (a) specify the property to which the declaration applies; and (b) state that the specified property to which the declaration applies is to be held or retained as if it were tainted property seized under a warrant under section 79 of this Act. 95D. Notice of declaration (1) If the Magistrates' Court makes a declaration under section 95C, the applicant for the declaration must give notice that the declaration has been made to all persons known to have an interest in the property to which the declaration applies that the property is being held or retained as if it were tainted property seized under a warrant under section 79 of this Act by virtue of a declaration made under section 95C. (2) A notice under sub-section (1) must be— (a) given within 7 days after the Magistrates' Court has made the declaration under section 95C; and (b) in the prescribed form. 95E. Effect of declaration If a declaration is made under section 95C, the property to which the declaration applies— s. 25 -- 43 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 38 (a) is deemed, on and from the date on which the property is no longer required for evidentiary purposes under the Crimes Act 1958 or the Drugs, Poisons and Controlled Substances Act 1981 (as the case requires), to have been seized as tainted property under a warrant under section 79 of this Act; and (b) is to be dealt with under this Act accordingly.". 26. Return of seized property—applications and seizure warrants (1) In section 97(2)(a) of the Principal Act, after "search warrant" insert "or a seizure warrant". (2) In section 97(3) of the Principal Act, after "search warrant" insert "or a seizure warrant". (3) After section 97(3) of the Principal Act insert— "(3A) If property has been seized under a search warrant or a seizure warrant (other than property seized under a warrant referred to in sub-section (11) or sold under section 96), a prescribed person may apply to the Magistrates' Court for an order— (a) directing that the property be returned to— (i) the person from whose possession the property was seized; or (ii) any other person who claims an interest in the property; or (b) directing that access to the property be given to— (i) the person from whose possession the property was seized; or s. 26 -- 44 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 39 (ii) any other person who claims an interest in the property— and the Court may, if it considers it appropriate, make such an order on such terms and conditions (if any) as it thinks fit.". (4) In section 97 of the Principal Act— (a) in sub-sections (4), (5), (6) and (10), after "sub-section (3)" insert "or (3A)"; (b) in sub-section (11)— (i) for "sub-section (3)" substitute "sub- sections (3) and (3A)"; (ii) after "search warrant" insert "or a seizure warrant". 27. New Part 11A inserted—property management warrants After Part 11 of the Principal Act insert— "PART 11A—PROPERTY MANAGEMENT WARRANTS Division 1—Search and Inspection Warrants 97A. Application for search and inspection warrant (1) A prescribed person or a person who belongs to a prescribed class of persons may apply to a magistrate for a search and inspection warrant to be issued under this Division in respect of specified property— (a) that is the subject of a restraining order; or (b) to which an embargo notice relates; or s. 27 -- 45 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 40 (c) that has been forfeited under this Act— if the applicant believes on reasonable grounds that— (d) it is necessary to inspect the property for the purposes of maintaining the property; and (e) in the case of property other than real property, the property is, or may be within the next 72 hours, in or on specified premises. (2) An application for a search and inspection warrant must be made in writing. (3) A magistrate must not issue a search and inspection warrant unless— (a) the application for the warrant sets out the grounds on which the warrant is being sought; and (b) the applicant has given the magistrate, either orally or in writing, any further information that the magistrate requires concerning the grounds on which the warrant is being sought; and (c) the information given by the applicant is verified before the magistrate on oath or affirmation or by affidavit. (4) A magistrate may administer an oath or affirmation or take an affidavit for the purposes of an application for a search and inspection warrant. 97B. Search and inspection warrant (1) A magistrate to whom an application is made under section 97A, if satisfied that there are reasonable grounds for believing the matters set out in the application, may issue a search s. 27 -- 46 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 41 and inspection warrant to the person or persons named in the warrant to enter the specified premises and search for and inspect the specified property. (2) A search and inspection warrant issued under sub-section (1) may authorise the person or persons named in the warrant— (a) to enter the premises specified in the warrant; and (b) to search for and inspect the property specified in the warrant; and (c) to break open any receptacle in or on the premises specified in the warrant for the purposes of the search and inspection of the property specified in the warrant, if it is reasonably necessary to do so; and (d) to photograph or record by other means the property specified in the warrant; and (e) to make an inventory of the property specified in the warrant. (3) A search and inspection warrant issued under sub-section (1) may authorise the sheriff or a person directed by the sheriff to break and enter the premises specified in the warrant. (4) Nothing in a search and inspection warrant authorises— (a) the seizure of property; or (b) the arrest of a person. (5) There must be stated in a search and inspection warrant— (a) the purpose for which the warrant is issued; and s. 27 -- 47 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 42 (b) a description of the property authorised to be inspected; and (c) whether a restraining order or embargo notice relates to the property or whether the property is forfeited under this Act; and (d) the address or other description of the premises in respect of which the warrant is issued. (6) Every search and inspection warrant issued under sub-section (1) must be in the prescribed form. 97C. Record of proceedings for search and inspection warrant (1) A magistrate who issues a search and inspection warrant must cause a record to be made of all relevant particulars of the grounds he or she has relied on to justify the issue of the warrant. (2) The magistrate may decline to record any matter that might disclose the identity of a person if the magistrate believes on reasonable grounds that to do so might jeopardise the safety of any person. 97D. Announcement before entry On executing a search and inspection warrant, the person executing the warrant— (a) must announce that he or she is authorised by the warrant to enter the premises; and (b) must give any person at the premises an opportunity to allow entry to the premises before force is used to enter the premises. s. 27 -- 48 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 43 97E. Copy of search and inspection warrant to be given to occupier (1) A person executing a search and inspection warrant must— (a) if the occupier is present at the premises where the warrant is being executed, identify himself or herself to the occupier and give the occupier a copy of the warrant; or (b) if the occupier is not present at the premises where the warrant is being executed, identify himself or herself to any other person at the premises and give that person a copy of the warrant. Penalty: Level 10 fine (10 penalty units maximum). (2) If a person executing a search and inspection warrant— (a) believes that the occupier is not present at the premises and that no other person is present at the premises; or (b) has given a copy of the warrant to a person at the premises who is not the occupier— he or she must give the occupier a copy of the warrant as soon as practicable but not more than 7 days after the warrant is executed. Penalty: Level 10 fine (10 penalty units maximum). s. 27 -- 49 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 44 97F. Use of assistants to execute search and inspection warrant A person executing a search and inspection warrant may do so with the aid of any assistants that the person considers reasonably necessary to achieve the purpose for which the warrant was issued. 97G. Application of Magistrates' Court Act 1989 Except to the extent that a contrary intention appears in this Division, the rules to be observed with respect to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to search and inspection warrants under this Division. 97H. Expiry of search and inspection warrant (1) A search and inspection warrant ceases to have effect if it is recalled and cancelled by the magistrate who issued it. (2) If sub-section (1) does not apply, a search and inspection warrant ceases to have effect— (a) at the end of the period of 1 month after its issue; or (b) when it is executed— whichever occurs first. 97I. Report on execution of warrant etc. (1) The person to whom a search and inspection warrant is issued must give a report to the registrar of the Magistrates' Court— (a) stating whether or not the warrant was executed; and s. 27 -- 50 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 45 (b) if the warrant was executed, setting out briefly the result of the execution of the warrant (including a brief description of the property inspected); and (c) if the warrant was not executed, setting out briefly the reasons why the warrant was not executed; and (d) stating whether or not a copy of the warrant was given to the occupier or another person at the premises; and (e) stating whether or not a copy of any inventory made of the property inspected and a notice as required by section 97J were given to any person who has an interest in the property inspected. (2) A report must be— (a) in the prescribed form; and (b) made within 10 days after the expiry of the warrant. (3) A person may apply to the Magistrates' Court for an order authorising the person to inspect the report given under sub-section (1) if the person satisfies the Court that the person is— (a) the owner or occupier of premises upon which the warrant was executed; or (b) a person who has an interest in property inspected in the execution of the warrant. s. 27 -- 51 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 46 97J. Copy of inventory to be given (1) A person who executes a search and inspection warrant must give any person who has an interest in the property inspected— (a) a copy of any inventory made of the property to which the warrant relates; and (b) a written notice stating that the person who has an interest in the property may request a copy of any photograph or other record made of the property to which the warrant relates as specified in that notice. (2) A copy of an inventory and a written notice required to be given under sub-section (1) must be given within a reasonable time after the warrant was executed. (3) If a person requests a copy of any photograph or other record in accordance with sub-section (1), the person who executed the search and inspection warrant must give the copy or record to the person who made the request, within 14 days after the request was made. 97K. Defects in search and inspection warrant A search and inspection warrant is not invalidated by any defect, other than a defect which affects the substance of the warrant in a material particular. s. 27 -- 52 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 47 97L. Obstruction or hindrance of person executing search and inspection warrant A person must not, without reasonable excuse, obstruct or hinder a person executing a search and inspection warrant. Penalty: Level 9 fine (60 penalty units maximum). Division 2—Search and Seizure Warrants 97M. Application for search and seizure warrant (1) A prescribed person or a person who belongs to a prescribed class of persons may apply to a magistrate for a search and seizure warrant to be issued under this Division in respect of specified property that has been forfeited under this Act if the applicant believes on reasonable grounds that the property is, or may be within the next 72 hours, in or on specified premises. (2) An application for a search and seizure warrant must be made in writing. (3) A magistrate must not issue a search and seizure warrant unless— (a) the application for the warrant sets out the grounds on which the warrant is being sought; and (b) the applicant has given the magistrate, either orally or in writing, any further information that the magistrate requires concerning the grounds on which the warrant is being sought; and (c) the information given by the applicant is verified before the magistrate on oath or affirmation or by affidavit. s. 27 -- 53 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 48 (4) A magistrate may administer an oath or affirmation or take an affidavit for the purposes of an application for a search and seizure warrant. 97N. Search and seizure warrant (1) A magistrate to whom an application is made under section 97M, if satisfied that there are reasonable grounds for believing the matters set out in the application, may issue a search and seizure warrant to the person or persons named in the warrant to enter the specified premises and search for and seize the specified property. (2) A search and seizure warrant issued under sub-section (1) may authorise the person or persons named in the warrant— (a) to enter the premises specified in the warrant; and (b) to break open any receptacle in or on the premises specified in the warrant for the purposes of the search and seizure of the property specified in the warrant, if it is reasonably necessary to do so; and (c) to search for and seize the property specified in the warrant. (3) A search and seizure warrant issued under sub-section (1) may authorise the sheriff or a person directed by the sheriff to break and enter the premises specified in the warrant. (4) Nothing in a search and seizure warrant authorises— (a) the seizure of any property that is not specified in the warrant; or (b) the arrest of a person. s. 27 -- 54 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 49 (5) There must be stated in a search and seizure warrant— (a) the purpose for which the warrant is issued; and (b) a description of the property authorised to be seized; and (c) the address or other description of the premises in respect of which the warrant is issued. (6) Every search and seizure warrant issued under sub-section (1) must be in the prescribed form. 97O. Record of proceedings for search and seizure warrant (1) A magistrate who issues a search and seizure warrant must cause a record to be made of all relevant particulars of the grounds he or she has relied on to justify the issue of the warrant. (2) The magistrate may decline to record any matter that might disclose the identity of a person if the magistrate believes on reasonable grounds that to do so might jeopardise the safety of any person. 97P. Announcement before entry On executing a search and seizure warrant, the person executing the warrant— (a) must announce that he or she is authorised by the warrant to enter the premises; and (b) must give any person at the premises an opportunity to allow entry to the premises before force is used to enter the premises. s. 27 -- 55 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 50 97Q. Copy of search and seizure warrant to be given to occupier (1) A person executing a search and seizure warrant must— (a) if the occupier is present at the premises where the warrant is being executed, identify himself or herself to the occupier and give the occupier a copy of the warrant; or (b) if the occupier is not present at the premises where the warrant is being executed, identify himself or herself to any other person at the premises and give that person a copy of the warrant. Penalty: Level 10 fine (10 penalty units maximum). (2) If a person executing a search and seizure warrant— (a) believes that the occupier is not present at the premises and that no other person is present at the premises; or (b) has given a copy of the warrant to a person at the premises who is not the occupier— he or she must give the occupier a copy of the warrant as soon as practicable but not more than 7 days after the warrant is executed. Penalty: Level 10 fine (10 penalty units maximum). s. 27 -- 56 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 51 97R. Use of assistants to execute search and seizure warrant A person executing a search and seizure warrant may do so with the aid of any assistants that the person considers reasonably necessary to achieve the purpose for which the warrant was issued. 97S. Application of Magistrates' Court Act 1989 Except to the extent that a contrary intention appears in this Division, the rules to be observed with respect to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to search and seizure warrants under this Division. 97T. Expiry of search and seizure warrant (1) A search and seizure warrant ceases to have effect if it is recalled and cancelled by the magistrate who issued it. (2) If sub-section (1) does not apply, a search and seizure warrant ceases to have effect— (a) at the end of the period of 1 month after its issue; or (b) when it is executed— whichever occurs first. 97U. Report on execution of search and seizure warrant etc. (1) The person to whom a search and seizure warrant is issued must give a report to the registrar of the Magistrates' Court— (a) stating whether or not the warrant was executed; and s. 27 -- 57 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 52 (b) if the warrant was executed, setting out briefly the result of the execution of the warrant (including a brief description of the property seized); and (c) if the warrant was not executed, setting out briefly the reasons why the warrant was not executed; and (d) stating whether or not a copy of the warrant was given to the occupier or another person at the premises. (2) A report must be— (a) in the prescribed form; and (b) made within 10 days after the expiry of the warrant. (3) A person may apply to the Magistrates' Court for an order authorising the person to inspect the report given under sub-section (1) if the person satisfies the Court that the person is— (a) the owner or occupier of premises upon which the warrant was executed; or (b) a person who has an interest in property seized in the execution of the warrant. 97V. Defects in search and seizure warrant A search and seizure warrant is not invalidated by any defect, other than a defect which affects the substance of the warrant in a material particular. s. 27 -- 58 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 53 97W. Obstruction or hindrance of person executing search and seizure warrant A person must not, without reasonable excuse, obstruct or hinder a person executing a search and seizure warrant. Penalty: Level 9 fine (60 penalty units maximum).". 28. Examination orders For section 98(2) of the Principal Act substitute— "(2) If a court is satisfied that— (a) a defendant has been charged with or convicted of a forfeiture offence, an automatic forfeiture offence or a civil forfeiture offence; and (b) it is appropriate to make an order under this section— the court may, on application by a relevant person, make an order for the examination before the court of any person concerning— (c) the affairs of the defendant, including the nature and location of— (i) any property in which the defendant has or may have an interest; or (ii) any property which the applicant for the order believes on reasonable grounds to be tainted property; and (d) issues connected with the effective management and maintenance of any property referred to in paragraph (c), including any income, expenditure or liabilities in relation to the property. s. 28 -- 59 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 54 (2A) In determining whether it is appropriate to make an order under sub-section (2) in respect of a defendant who has been charged with a forfeiture offence, an automatic forfeiture offence or a civil forfeiture offence, the likelihood of the defendant being convicted of the offence is not a relevant consideration.". 29. New Division 3A of Part 13 inserted After Division 3 of Part 13 of the Principal Act insert— 'Division 3A—Information Notices 118A. Definition In this Division— "authorised member of the police force" means a member of the police force authorised under section 118B. 118B. Chief Commissioner of Police may authorise police to issue information notices The Chief Commissioner of Police may authorise in writing a member of the police force of the rank of inspector or above to issue information notices. 118C. Who can issue information notices? An information notice may be issued in accordance with this Division by— (a) an authorised member of the police force; or (b) a prescribed person. s. 29 -- 60 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 55 118D. Issuing information notices—authorised member of police force (1) An authorised member of the police force may issue an information notice to a financial institution for the purposes of any proceedings under this Act, other than criminal proceedings in relation to an offence against section 122 or 123. (2) An authorised member of the police force must not issue an information notice unless he or she reasonably believes that— (a) the person in respect of whose account with the financial institution the information is sought or a person who has an interest in that account— (i) has committed, or is about to commit, a forfeiture offence, an automatic forfeiture offence or a civil forfeiture offence; or (ii) was involved in the commission, or is about to be involved in the commission, of such an offence; or (iii) has benefited directly or indirectly, or is about to benefit directly or indirectly, from the commission of such an offence; and (b) the issuing of the information notice is required to determine whether to take any action under this Act. s. 29 -- 61 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 56 118E. Issuing information notices—prescribed person (1) A person prescribed for the purposes of section 118C may issue an information notice to a financial institution for the purposes of satisfying a pecuniary penalty order. (2) A person prescribed for the purposes of section 118C must not issue an information notice unless he or she reasonably believes that— (a) a pecuniary penalty order has been made against a defendant in relation to a forfeiture offence, an automatic forfeiture offence or a civil forfeiture offence; and (b) the issuing of the information notice is required to satisfy the pecuniary penalty order. 118F. Information notice to be signed and reasons recorded (1) A person who issues an information notice must sign the notice. (2) A person who issues an information notice must make a written record of the reasons he or she has relied on to justify the issuing of the information notice. 118G. What can an information notice require? (1) An information notice may require a financial institution to give to the law enforcement agency specified in the information notice the following information only— s. 29 -- 62 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 57 (a) if the information notice specifies a name or names in which an account is believed to be held— (i) whether an account is held in that name or those names with the financial institution; and (ii) if an account is held in that name or those names with that institution, the account number and current balance of that account; or (b) if the information notice specifies an account number— (i) the name or names in which that account is held; and (ii) the balance of that account. (2) An information notice may only require a financial institution to give information to the law enforcement agency of which the person who issued the information notice is a member or an officer or an employee. 118H. What must the information notice contain? (1) An information notice must be in the prescribed form. (2) An information notice must specify— (a) the name of the person who has issued the information notice; and (b) the section of this Act under which that person is authorised to issue information notices; and (c) the name of the financial institution; and s. 29 -- 63 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 58 (d) the name or names in which the account is believed to be held or the account number of the account believed to be held with the financial institution (as the case requires); and (e) any other details that may assist the financial institution to identify the account; and (f) the kind of information that the financial institution is required to give; and (g) the law enforcement agency to which the information is to be given, being the law enforcement agency of which the person who issued the information notice is a member or an officer or an employee; and (h) that the information required is to be given in writing; and (i) the period within which the financial institution is to comply with the information notice, being a period of not less than 3 business days after the date on which the information notice is given to the financial institution; and (j) the effect of sections 118J, 118K and 118L. 118I. How is an information notice given? An information notice must be given to a financial institution in accordance with section 137 and, without limiting the generality of that section, may be given by facsimile. s. 29 -- 64 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 59 118J. Offence to fail to comply with information notice (1) A financial institution that has been given an information notice must not— (a) without reasonable excuse, fail to comply with the information notice; or (b) in purported compliance with the information notice, knowingly give information that is false or misleading in a material particular. Penalty: Level 5 fine (1200 penalty units maximum). (2) An offence against this section is a summary offence. 118K. Offence to disclose existence of information notice (1) Subject to sub-section (7), a financial institution that is given, or has been given, an information notice must not disclose the existence of the information notice to any person (including the person to whom the notice relates) except— (a) if the information notice specifies the police force of Victoria as the law enforcement agency to which the information is to be given, a member of the police force; or (b) if the information notice specifies another authority or person as the law enforcement agency to which information is to be given, a member or an officer or an employee of the agency; or s. 29 -- 65 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 60 (c) an officer or agent of the financial institution, for the purpose of ensuring that the information notice is complied with; or (d) a legal practitioner acting for the financial institution, for the purpose of obtaining legal advice or representation in relation to the information notice. Penalty: Level 5 fine (1200 penalty units maximum). (2) Subject to sub-section (7), a person to whom the existence of an information notice is disclosed in accordance with sub-section (1) must not— (a) while he or she is a person of a kind referred to in paragraph (a), (b), (c) or (d) of sub-section (1), disclose the existence of the information notice to any person except another person of that kind for the purpose of— (i) if the disclosure is made by a person of a kind referred to in paragraph (a) or (b) of sub- section (1), the performance of his or her duties; or (ii) if the disclosure is made by an officer or agent of the financial institution, ensuring that the information notice is complied with or obtaining legal advice or representation in relation to the information notice; or (iii) if the disclosure is made by a legal practitioner, giving legal advice or providing representation in s. 29 -- 66 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 61 relation to the information notice; or (b) when he or she is no longer a person of a kind referred to in paragraph (a), (b), (c) or (d) of sub-section (1), make a record of, or disclose, the existence of the information notice in any circumstances. Penalty: Level 7 imprisonment (2 years maximum) or a level 7 fine (240 penalty units maximum) or both. (3) Nothing in sub-section (2) prevents the disclosure by a person of a kind referred to in paragraph (a), (b), (c) or (d) of sub-section (1) of the existence of an information notice— (a) for the purposes of, or in connection with, legal proceedings; or (b) in the course of proceedings before a court. (4) Nothing in sub-section (2) prevents the disclosure by a person of a kind referred to in paragraph (a) or (b) of sub-section (1) of the existence of an information notice for the purposes of a report under section 139A(1) or (2). (5) A reference in this section to disclosing the existence of an information notice to a person includes a reference to disclosing information to the person from which the person could reasonably be expected to infer the existence of the information notice. (6) An offence against sub-section (1) is a summary offence. s. 29 -- 67 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 62 (7) It is not an offence under this section to disclose the existence of an information notice if the existence of the information notice has been made known in any proceedings in open court. 118L. Immunity from suit No civil proceeding lies against— (a) a financial institution; or (b) a person who is an officer, employee or agent of that financial institution acting in the course of that person's duties as an officer, employee or agent— in relation to any action taken or information given by the institution or person in compliance with an information notice. 118M. Giving of information notice to be disregarded for application of section 122 If a financial institution is given, or has been given, an information notice, the fact that the information notice has been issued must be disregarded for the purposes of the application of section 122 (money laundering) in relation to the institution.'. 30. New Division 4A of Part 13 inserted After Division 4 of Part 13 of the Principal Act insert— "Division 4A—Sharing of Information 119A. Communication of information between law enforcement agencies A person who is a member or an officer or employee of a law enforcement agency may divulge or communicate any information to another law enforcement agency if the s. 30 -- 68 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 63 person divulging or communicating that information believes on reasonable grounds that to do so is necessary for— (a) the management of property— (i) seized under this Act; or (ii) in respect of which a restraining order has been made; or (iii) to which an embargo notice relates; or (b) the purposes of any proceedings under this Act; or (c) the enforcement of this Act or any orders made under this Act.". 31. New Division 6 of Part 13 inserted After Division 5 of Part 13 of the Principal Act insert— "Division 6—Document Requests 120A. When a document request may be made If, under a memorandum of understanding entered into under section 78A, the Secretary has responsibility for property, the Secretary may request any person whom the Secretary believes has possession or control of documents that relate to the maintenance and management of that property to produce those documents to the Secretary. 120B. Document request A document request must— (a) be in the prescribed form; and (b) specify the basis on which the Secretary has responsibility for the property; and s. 31 -- 69 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 64 (c) specify the documents requested or the type of documents requested; and (d) state the purposes for which the documents are sought; and (e) state whether the documents will be provided to any other person and if so, in what circumstances; and (f) be given to the person who is requested to produce the documents. 120C. Offences (1) A person who is given a document request must not, without reasonable excuse, fail to comply with the document request within 14 days after the day on which the document request is given. Penalty: Level 9 fine (60 penalty units maximum). (2) A person who is given a document request must not provide any document that is false or misleading in a material particular. Penalty: Level 9 fine (60 penalty units maximum). 120D. Requested documents to be provided— Court order If a person has been convicted of an offence against section 120C, the court which convicts that person may direct the person to provide the documents that should have been provided to the Secretary. s. 31 -- 70 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 65 120E. Return of documents (1) A document that is produced under this Division to the Secretary must be returned to the person who produced the document within 7 days after so producing the document. (2) If the Secretary believes on reasonable grounds that it is necessary for the purposes of this Act to retain the document for more than 7 days, the Secretary must give the person who produced the document a copy of the document certified in writing to be a true copy of the document.". 32. New section 139A inserted After section 139 of the Principal Act insert— "139A. Reports to the Minister (1) As soon as practicable after the end of each financial year, the Chief Commissioner of Police must submit a report to the Minister that includes the following information— (a) the number of information notices issued by members of the police force; and (b) the number of applications for freezing orders made by members of the police force— (i) by telephone; and (ii) by facsimile; and (iii) in person; and (c) the number of freezing orders made; and s. 32 -- 71 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 66 (d) the number of freezing orders made in respect of accounts which were subsequently the subject of a restraining order; and (e) the number of notices of freezing orders given under section 31G to financial institutions. (2) As soon as practicable after the end of each financial year, a law enforcement agency prescribed for the purposes of this section must submit a report to the Minister that includes the following information— (a) the number of information notices issued by the law enforcement agency; and (b) the number of applications by the law enforcement agency for search and inspection warrants; and (c) the number of search and inspection warrants issued to the law enforcement agency; and (d) the number of search and inspection warrants executed by the law enforcement agency; and (e) the number of search and inspection warrants executed by the law enforcement agency which involved the use of force to enter premises; and (f) the number of document requests made by the law enforcement agency under a delegation by the Secretary in accordance with section 143A. s. 32 -- 72 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 67 (3) The Minister must cause each report under sub-sections (1) and (2) to be laid before each House of the Parliament within 14 sitting days of that House after it is received by the Minister.". 33. Secrecy In section 140 of the Principal Act— (a) in sub-section (1), after "this section" insert "and section 119A"; (b) sub-section (3) is repealed. 34. New section 143A inserted After section 143 of the Principal Act insert— "143A. Delegation The Secretary, by instrument, may delegate to any prescribed person any power or function of the Secretary under Division 6 of Part 13.". 35. Supreme Court—limitation of jurisdiction At the end of section 145 of the Principal Act insert— "(2) It is the intention of section 118L to alter or vary section 85 of the Constitution Act 1975.". 36. Forfeiture offences (1) After item 5 in Schedule 1 to the Principal Act, insert— "5A. An offence against section 54(5) of the Dangerous Goods Act 1985 (selling or otherwise dealing with an unauthorised explosive).". s. 33 -- 73 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 68 (2) After item 7(g) in Schedule 1 to the Principal Act insert— "(ga) section 66A(1) (taking fish during quota period in excess of notice specification);". (3) In item 7(i) in Schedule 1 to the Principal Act, after "(2)" insert ", (4B)". (4) For item 7(j) in Schedule 1 to the Principal Act substitute— "(j) section 68B(1) (possession of fish taken from non- Victorian waters in contravention of permitted size or amount);". (5) After item 7(l) in Schedule 1 to the Principal Act insert— "(la) section 99(1) (failure to keep document in relation to receipt of priority species); (lb) section 108A(5) (failure to comply with retention notice);". (6) After item 7(u) in Schedule 1 to the Principal Act insert— "(ua) section 130A(5) (failure to comply with court order prohibiting fishing activity or possession of fish or equipment); (ub) section 130B(6) (failure to comply with court order prohibiting person from being in or on specified waters);". (7) After item 13 in Schedule 1 to the Principal Act, insert— "13A. An offence against any of the following provisions of the National Parks Act 1975: (a) section 45A(1) (taking fish or fishing bait for sale in marine national park or marine sanctuary); (b) section 45A(2) (taking fish or fishing bait for purposes other than sale without permit in marine national park or marine sanctuary); s. 36 -- 74 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 69 (c) section 45A(3) (growing etc. fish or fishing bait in marine national park or marine sanctuary); (d) section 45A(4) (being in a prescribed area in charge of prescribed boat or in charge of boat carrying prescribed equipment); (e) section 45A(5) (possessing or being in charge of boat carrying a priority species).". 37. New items 1(ac) and (ad) inserted—trafficking in drug of dependence (1) After item 1(ab) of Schedule 2 to the Principal Act insert— "(ac) section 71AB (trafficking in a drug of dependence to a child) where— (i) the drug of dependence is a drug specified in Part 3 of Schedule Eleven to that Act; and (ii) the quantity of the drug of dependence trafficked is not less than the automatic forfeiture quantity specified in column 2B of Part 3 of Schedule Eleven to that Act applicable to that drug; (ad) section 71AC (trafficking in a drug of dependence) where— (i) the drug of dependence is a drug specified in Part 3 of Schedule Eleven to that Act; and (ii) the quantity of the drug of dependence trafficked is not less than the automatic forfeiture quantity specified in column 2B of Part 3 of Schedule Eleven to that Act applicable to that drug;". (2) In item 1(c) of Schedule 2 to the Principal Act— (a) after "offence" insert "in the circumstances"; (b) after "(ab)," insert "(ac), (ad),". s. 37 -- 75 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 70 (3) In item 1(d) of Schedule 2 to the Principal Act— (a) for "paragraph (a), (ab), (b) or (ba)" (where first occurring) substitute "paragraph (a), (ab), (ac), (ad), (b) or (ba), committed in the circumstances referred to in those paragraphs"; (b) after "(ab)" (where secondly occurring) insert "(ac), (ad),"; (c) after "71AA" insert ", 71AB, 71AC". 38. Item 2 substituted and new items 2A to 2C inserted—automatic forfeiture offences For item 2 of Schedule 2 to the Principal Act, substitute— "2. An offence against any of the following provisions of the Crimes Act 1958: (a) section 27 (extortion with threat to kill) where— (i) only one offence is charged and the demand made is $50 000 or more; or (ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the combined demands made are $75 000 or more; (b) section 28 (extortion with threat to destroy property) where— (i) only one offence is charged and the demand made is $50 000 or more; or (ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the combined demands made are $75 000 or more; s. 38 -- 76 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 71 (c) section 74 (theft) where— (i) only one offence is charged and the value of the property in respect of which the offence is committed is $50 000 or more; or (ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the property in respect of which the offences are committed is $75 000 or more; (d) section 75 (robbery) where— (i) only one offence is charged and the value of the property in respect of which the offence is committed is $50 000 or more; or (ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the property in respect of which the offences are committed is $75 000 or more; (e) section 75A (armed robbery) where— (i) only one offence is charged and the value of the property in respect of which the offence is committed is $50 000 or more; or (ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the property in respect of which the offences are committed is $75 000 or more; (f) section 81(1) (obtaining property by deception) where— (i) only one offence is charged and the value of the property in respect of which the offence is committed is $50 000 or more; or s. 38 -- 77 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 72 (ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the property in respect of which the offences are committed is $75 000 or more; (g) section 82(1) (obtaining financial advantage by deception) where— (i) only one offence is charged and the value of the financial advantage obtained is $50 000 or more; or (ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the financial advantage obtained is $75 000 or more; (h) section 87 (blackmail) where— (i) only one offence is charged and the demand made is $50 000 or more; or (ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the combined demands made are $75 000 or more; (i) section 88 (handling stolen goods) where— (i) only one offence is charged and the value of the goods in respect of which the offence is committed is $50 000 or more; or (ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the goods in respect of which the offences are committed is $75 000 or more; s. 38 -- 78 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 73 (j) section 176 (receipt or solicitation of secret commission by an agent) where— (i) only one offence is charged and the valuable consideration in respect of which the offence is committed is $50 000 or more; or (ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the valuable consideration in respect of which the offences are committed is $75 000 or more; (k) section 178 (giving or receiving false or misleading receipt or account with intent to defraud or deceive principal) where— (i) only one offence is charged and the amount intended to be defrauded is $50 000 or more; or (ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the combined amounts intended to be defrauded are $75 000 or more; (l) section 179 (gift or receipt of secret commission in return for advice) where— (i) only one offence is charged and the valuable consideration in respect of which the offence is committed is $50 000 or more; or (ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the valuable consideration in respect of which the offences are committed is $75 000 or more; s. 38 -- 79 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 74 (m) section 180 (secret commission to trustee in return for substituted appointment) where— (i) only one offence is charged and the valuable consideration in respect of which the offence is committed is $50 000 or more; or (ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the valuable consideration in respect of which the offences are committed is $75 000 or more; (n) section 191 (fraudulently inducing persons to invest money) where— (i) only one offence is charged and the value of the property (including any profit) in respect of which the offence is committed is $50 000 or more; or (ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the property (including any profit) in respect of which the offences are committed is $75 000 or more; (o) section 321(1) where the conspiracy is to commit an offence in the circumstances referred to in paragraphs (a) to (n). 2A. An offence against any of the following provisions of the Prostitution Control Act 1994: (a) section 6(1) (receiving payment for sexual services provided by a child) where— (i) only one offence is charged and the value of the payment received is $50 000 or more; or (ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the combined value of the payments received is $75 000 or more; s. 38 -- 80 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 75 (b) section 7(1) (agreement for provision of sexual services by a child) where— (i) only one offence is charged and the value of the agreed payment is $50 000 or more; or (ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the combined value of the agreed payments is $75 000 or more; (c) section 7(1) (agreement for provision of sexual services by a child) where— (i) only one offence is charged and the provision of sexual services is in exchange for a quantity of a drug of dependence which is— (A) in the case of a drug of dependence specified in Part 3 of Schedule Eleven to the Drugs, Poisons and Controlled Substances Act 1981, not less than the automatic forfeiture quantity specified in column 2B of Part 3 of that Schedule to that Act applicable to that drug; or (B) in the case of any other drug of dependence within the meaning of the Drugs, Poisons and Controlled Substances Act 1981, not less than the commercial quantity applicable to that drug; or (ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the provision of sexual services is in exchange for a combined quantity of drugs of dependence which is— s. 38 -- 81 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 76 (A) in the case of a drug of dependence or drugs of dependence specified in Part 3 of Schedule Eleven to the Drugs, Poisons and Controlled Substances Act 1981, not less than the automatic forfeiture quantity specified in column 2B of Part 3 of that Schedule to that Act applicable to that drug or those drugs; or (B) in the case of any other drug of dependence or drugs of dependence within the meaning of the Drugs, Poisons and Controlled Substances Act 1981, not less than the commercial quantity applicable to that drug or those drugs; (d) section 22(1) (carrying on business as a prostitution service provider without licence or in breach of licence) where— (i) only one offence is charged and $50 000 or more is received by the business; or (ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and $75 000 or more is received by the business; (e) section 22(3) (assisting in the carrying on of a prostitution service providing business without licence or in breach of licence) where— (i) only one offence is charged and $50 000 or more is received by the business; or (ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and $75 000 or more is received by the business. s. 38 -- 82 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 77 2B. An offence against any of the following provisions of the Casino Control Act 1991: (a) section 153A(2) (bribery by a key official within the meaning of that Act) where— (i) only one offence is charged and the value of the money, property or value of any kind in respect of which the offence is committed is $50 000 or more; or (ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the money, property or value of any kind in respect of which the offences are committed is $75 000 or more; (b) section 153A(3) (bribery of a key official within the meaning of that Act) where— (i) only one offence is charged and the value of the money, property or value of any kind in respect of which the offence is committed is $50 000 or more; or (ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the money, property or value of any kind in respect of which the offences are committed is $75 000 or more. 2C. An offence against any of the following provisions of the Gaming and Betting Act 1994: (a) section 120(2) (bribery by a key official within the meaning of that Act) where— (i) only one offence is charged and the value of the money, property or value of any kind in respect of which the offence is committed is $50 000 or more; or (ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the money, property or value of s. 38 -- 83 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 78 any kind in respect of which the offences are committed is $75 000 or more; (b) section 120(3) (bribery of a key official within the meaning of that Act) where— (i) only one offence is charged and the value of the money, property or value of any kind in respect of which the offence is committed is $50 000 or more; or (ii) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the money, property or value of any kind in respect of which the offences are committed is $75 000 or more.". 39. Money laundering In item 3 in Schedule 2 to the Principal Act, for "referred to in item 1 or 2" substitute "committed in the circumstances referred to in item 1, 1A, 2, 2A, 2B, 2C, 8 or 9". 40. Attempts In item 5 in Schedule 2 to the Principal Act, for "referred to in items 1 to 3" substitute "in the circumstances referred to in item 1, 1A, 2, 2A, 2B, 2C, 3, 8 or 9". 41. Item 7 substituted and new items 8 and 9 inserted— automatic forfeiture offences For item 7 in Schedule 2 to the Principal Act, substitute— "7. The common law offence of conspiracy to defraud where— (a) only one offence is charged and the value of the property, financial advantage or economic loss in respect of which the offence is committed is $50 000 or more; or s. 39 -- 84 of 106 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Principal Act Confiscation (Amendment) Act 2003 Act No. 63/2003 79 (b) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the property, financial advantage or economic loss in respect of which the offences are committed is $75 000 or more. 8. The common law offence of misconduct in public office where— (a) only one offence is charged and the value of the property in respect of which the offence is committed is $50 000 or more; or (b) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the property in respect of which the offences are committed is $75 000 or more. 9. The common law offence of bribery of a public official where— (a) only one offence is charged and the value of the property in respect of which the offence is committed is $50 000 or more; or (b) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the value of the property in respect of which the offences are committed is $75 000 or more.". __________________ s. 41 -- 85 of 106 -- Victorian Legislation and Parliamentary Documents Part 3—Transitional Provisions Confiscation (Amendment) Act 2003 Act No. 63/2003 80 PART 3—TRANSITIONAL PROVISIONS 42. New sections 158 to 172 inserted After section 157 of the Principal Act insert— '158. Confiscation (Amendment) Act 2003— definition of "tainted property" transitional provision The definition of "tainted property" as amended by section 4(5) of the Confiscation (Amendment) Act 2003, in so far as it relates to an offence under section 122 or 123(1), applies only with respect to an offence under section 122 or 123(1) of which a person is convicted after the commencement of section 4(5) of that Act. 159. Confiscation (Amendment) Act 2003— declaration of property interests transitional provision Sections 19A to 19E apply only in relation to property in respect of which a restraining order is made after the commencement of section 8 of the Confiscation (Amendment) Act 2003. 160. Confiscation (Amendment) Act 2003— freezing orders transitional provision Part 2A applies with respect to any forfeiture offence, automatic forfeiture offence or civil forfeiture offence irrespective of when the offence is alleged to have been committed. s. 42 -- 86 of 106 -- Victorian Legislation and Parliamentary Documents Part 3—Transitional Provisions Confiscation (Amendment) Act 2003 Act No. 63/2003 81 161. Confiscation (Amendment) Act 2003— tainted property substitution declaration transitional provisions (1) Division 1A of Part 3 applies with respect to forfeiture offences only if they are alleged to have been committed after the commencement of section 12 of the Confiscation (Amendment) Act 2003. (2) For the purposes of sub-section (1), if an offence is alleged to have been committed between two dates and section 12 of the Confiscation (Amendment) Act 2003 commences on a date between those two dates, the offence is alleged to have been committed before the commencement of that section. 162. Confiscation (Amendment) Act 2003— disposal orders transitional provision Part 10, as amended by sections 16 and 17 of the Confiscation (Amendment) Act 2003, applies with respect to any forfeiture offence of which a person is convicted after the commencement of those sections, irrespective of when the offence is alleged to have been committed. 163. Confiscation (Amendment) Act 2003— property seized under other Acts transitional provision Sections 95A to 95E apply to any property seized under a warrant issued under section 465 of the Crimes Act 1958 or section 81 of the Drugs, Poisons and Controlled Substances Act 1981, irrespective of when the warrant was executed. s. 42 -- 87 of 106 -- Victorian Legislation and Parliamentary Documents Part 3—Transitional Provisions Confiscation (Amendment) Act 2003 Act No. 63/2003 82 164. Confiscation (Amendment) Act 2003— examination orders transitional provision Section 98(2), as substituted by section 28 of the Confiscation (Amendment) Act 2003, applies only in relation to examination orders for which an application was made after the commencement of section 28 of that Act. 165. Confiscation (Amendment) Act 2003— document requests transitional provisions (1) Division 6 of Part 13 applies in relation to property in respect of which a restraining order was made, irrespective of when the restraining order was made. (2) Division 6 of Part 13 applies in relation to property seized under a warrant issued under this Act, section 465 of the Crimes Act 1958 or section 81 of the Drugs, Poisons and Controlled Substances Act 1981, irrespective of when the warrant was executed. 166. Confiscation (Amendment) Act 2003— Schedule 1 offences transitional provisions (1) Items 5A and 13A of Schedule 1 apply only with respect to an offence alleged to have been committed after the commencement of section 36 of the Confiscation (Amendment) Act 2003. (2) Despite the substitution of item 7(j) of Schedule 1 by section 36 of the Confiscation (Amendment) Act 2003, item 7(j), as in force immediately before the commencement of that section, continues to apply in respect of an offence referred to in item 7(j) (as in force immediately before that commencement) which is alleged to have s. 42 -- 88 of 106 -- Victorian Legislation and Parliamentary Documents Part 3—Transitional Provisions Confiscation (Amendment) Act 2003 Act No. 63/2003 83 been committed before the commencement of that section. (3) Item 7 of Schedule 1, as amended by section 36 of the Confiscation (Amendment) Act 2003, applies only with respect to an offence alleged to have been committed after the commencement of that section. (4) For the purposes of this section, if an offence is alleged to have been committed between two dates and section 36 of the Confiscation (Amendment) Act 2003 commences on a date between those two dates, the offence is alleged to have been committed before the commencement of that section. 167. Confiscation (Amendment) Act 2003— Schedule 2—drug trafficking offences transitional provisions (1) Item 1 of Schedule 2, as amended by section 37 of the Confiscation (Amendment) Act 2003, applies only with respect to an offence alleged to have been committed after the commencement of that section. (2) For the purposes of sub-section (1), if an offence is alleged to have been committed between two dates and section 37 of the Confiscation (Amendment) Act 2003 commences on a date between those two dates, the offence is alleged to have been committed before the commencement of that section. s. 42 -- 89 of 106 -- Victorian Legislation and Parliamentary Documents Part 3—Transitional Provisions Confiscation (Amendment) Act 2003 Act No. 63/2003 84 168. Confiscation (Amendment) Act 2003— Schedule 2 offences transitional provisions (1) Despite the substitution of item 2 of Schedule 2 by section 38 of the Confiscation (Amendment) Act 2003, item 2, as in force immediately before the commencement of that section, continues to apply in respect of any offence referred to in item 2 (as in force immediately before that commencement) which is alleged to have been committed before the commencement of that section. (2) Item 2 of Schedule 2, as amended by section 38 of the Confiscation (Amendment) Act 2003, applies only with respect to an offence alleged to have been committed after the commencement of that section. (3) Items 2A, 2B and 2C of Schedule 2 apply only with respect to an offence alleged to have been committed after the commencement of section 38 of the Confiscation (Amendment) Act 2003. (4) For the purposes of this section, if an offence is alleged to have been committed between two dates and section 38 of the Confiscation (Amendment) Act 2003 commences on a date between those two dates, the offence is alleged to have been committed before the commencement of that section. s. 42 -- 90 of 106 -- Victorian Legislation and Parliamentary Documents Part 3—Transitional Provisions Confiscation (Amendment) Act 2003 Act No. 63/2003 85 169. Confiscation (Amendment) Act 2003— Schedule 2—money laundering transitional provisions (1) Despite the amendment of item 3 of Schedule 2 by section 39 of the Confiscation (Amendment) Act 2003, item 3, as in force immediately before the commencement of that section, continues to apply in respect of any offence referred to in item 3 (as in force immediately before that commencement) which is alleged to have been committed before the commencement of that section. (2) Item 3 of Schedule 2, as amended by section 39 of the Confiscation (Amendment) Act 2003, applies only with respect to an offence alleged to have been committed after the commencement of that section. (3) For the purposes of this section, if an offence is alleged to have been committed between two dates and section 39 of the Confiscation (Amendment) Act 2003 commences on a date between those two dates, the offence is alleged to have been committed before the commencement of that section. 170. Confiscation (Amendment) Act 2003— Schedule 2—attempts transitional provisions (1) Despite the amendment of item 5 of Schedule 2 by section 40 of the Confiscation (Amendment) Act 2003, item 5, as in force immediately before the commencement of that section, continues to apply in respect of any offence referred to in item 5 (as in force immediately before that commencement) which is alleged to have s. 42 -- 91 of 106 -- Victorian Legislation and Parliamentary Documents Part 3—Transitional Provisions Confiscation (Amendment) Act 2003 Act No. 63/2003 86 been committed before the commencement of that section. (2) Item 5 of Schedule 2, as amended by section 40 of the Confiscation (Amendment) Act 2003, applies only with respect to an offence alleged to have been committed after the commencement of that section. (3) For the purposes of this section, if an offence is alleged to have been committed between two dates and section 40 of the Confiscation (Amendment) Act 2003 commences on a date between those two dates, the offence is alleged to have been committed before the commencement of that section. 171. Confiscation (Amendment) Act 2003— Schedule 2—common law offences transitional provisions (1) Despite the substitution of item 7 of Schedule 2 by section 41 of the Confiscation (Amendment) Act 2003, item 7, as in force immediately before the commencement of that section, continues to apply in respect of any offence referred to in item 7 (as in force immediately before that commencement) which is alleged to have been committed before the commencement of that section. (2) Item 7 of Schedule 2, as amended by section 41 of the Confiscation (Amendment) Act 2003, applies only with respect to an offence alleged to have been committed after the commencement of that section. s. 42 -- 92 of 106 -- Victorian Legislation and Parliamentary Documents Part 3—Transitional Provisions Confiscation (Amendment) Act 2003 Act No. 63/2003 87 (3) Items 8 and 9 of Schedule 2 apply only with respect to an offence alleged to have been committed after the commencement of section 41 of the Confiscation (Amendment) Act 2003. (4) For the purposes of this section, if an offence is alleged to have been committed between two dates and section 41 of the Confiscation (Amendment) Act 2003 commences on a date between those two dates, the offence is alleged to have been committed before the commencement of that section. 172. Interpretation of Legislation Act 1984 The provisions of sections 158 to 171 are in addition to, and not in derogation from, the provisions of the Interpretation of Legislation Act 1984.'. __________________ s. 42 -- 93 of 106 -- Victorian Legislation and Parliamentary Documents Part 4—Amendments to Other Acts Confiscation (Amendment) Act 2003 Act No. 63/2003 88 PART 4—AMENDMENTS TO OTHER ACTS Division 1—Crimes Act 1958 43. Seizure of tainted property under Crimes Act 1958 warrant After section 465(1A) of the Crimes Act 1958 insert— "(1B) A magistrate who issues a warrant under sub-section (1), if satisfied on reasonable grounds by the evidence given under that sub-section that the thing to which the warrant relates is also tainted property within the meaning of the Confiscation Act 1997, may, in that warrant, direct that the applicant hold or retain that thing as if it were tainted property seized under a warrant under section 79 of that Act as and from the date when that thing is no longer required for evidentiary purposes under this Act.". 44. New sections 465A to 465E inserted After section 465 of the Crimes Act 1958 insert— "465A. Notice that seized thing is being held for purposes of Confiscation Act 1997 (1) If a thing seized under a warrant issued under section 465 to which a direction under section 465(1B) applies is no longer required for evidentiary purposes under this Act, the person to whom that warrant was issued must give notice to all persons known to have an interest in that thing that the thing is being held or retained as if it were tainted property seized under a warrant under section 79 of the Confiscation Act 1997. s. 43 See: Act No. 6231. Reprint No. 16 as at 1 January 2002 and amending Act Nos 45/2001, 11/2002, 16/2002 and 35/2002. LawToday: www.dms. dpc.vic. gov.au -- 94 of 106 -- Victorian Legislation and Parliamentary Documents Part 4—Amendments to Other Acts Confiscation (Amendment) Act 2003 Act No. 63/2003 89 (2) A notice under sub-section (1) must be— (a) given within 7 days after the thing is no longer required for evidentiary purposes under this Act; and (b) in the prescribed form. 465B. Application for tainted property to be held or retained—return of warrant to court (1) When a thing is brought before the Magistrates' Court to be dealt with according to law in accordance with the warrant issued under section 465 under which that thing was seized, the member of the police force named in the warrant or another member of the police force may apply to the Court for a direction that the thing so seized be held or retained as if it were tainted property seized under a warrant under section 79 of the Confiscation Act 1997. (2) An application may only be made under sub- section (1) if a direction under section 465(1B) was not made in relation to the warrant when it was issued. 465C. Court may make direction (1) On an application under section 465B, if the Court is satisfied on reasonable grounds that the thing seized under the warrant issued under section 465 is tainted property within the meaning of the Confiscation Act 1997, the Court may direct that the thing be held or retained by the member of the police force or other person named in the warrant as if it were tainted property seized under a warrant under section 79 of that Act. s. 44 -- 95 of 106 -- Victorian Legislation and Parliamentary Documents Part 4—Amendments to Other Acts Confiscation (Amendment) Act 2003 Act No. 63/2003 90 (2) A direction under this section takes effect on and from the date that the thing is no longer required for evidentiary purposes under this Act. (3) In determining whether the thing which is the subject of the application is in fact tainted property within the meaning of the Confiscation Act 1997, the Court may require the applicant to provide any information that the Court considers necessary. (4) The power of the Court under this section is in addition to its powers under section 78 of the Magistrates' Court Act 1989 in relation to seized property. 465D. Notice of direction under section 465C (1) If the Magistrates' Court makes a direction under section 465C, the applicant for the direction must give notice to all persons known to have an interest in the thing to which the direction applies that the thing is being held or retained as if it were tainted property seized under a warrant under section 79 of the Confiscation Act 1997 by virtue of a direction made under section 465C. (2) A notice under sub-section (1) must be— (a) given within 7 days after the thing is no longer required for evidentiary purposes under this Act; and (b) in the prescribed form. s. 44 -- 96 of 106 -- Victorian Legislation and Parliamentary Documents Part 4—Amendments to Other Acts Confiscation (Amendment) Act 2003 Act No. 63/2003 91 465E. Effect of directions under sections 465(1B) and 465C If a direction has been made under section 465(1B) or 465C, the thing to which the direction applies— (a) is deemed, on and from the date on which the thing is no longer required for evidentiary purposes under this Act, to have been seized as tainted property under a warrant under section 79 of the Confiscation Act 1997; and (b) is to be dealt with under that Act accordingly.". Division 2—Drugs, Poisons and Controlled Substances Act 1981 45. New definition inserted In section 70(1) of the Drugs, Poisons and Controlled Substances Act 1981 insert the following definition— ' "automatic forfeiture quantity", in relation to a drug of dependence the name of which is specified in column 1 of Part 3 of Schedule Eleven, means the quantity of that drug, including any other substance in which it is contained or with which it is mixed, that is specified in column 2B of that Part of that Schedule opposite to the name of that drug of dependence; Note: see the Confiscation Act 1997;'. s. 45 See: Act No. 9719. Reprint No. 6 as at 14 February 2002 and amending Act No. 11/2002. LawToday: www.dms. dpc.vic. gov.au -- 97 of 106 -- Victorian Legislation and Parliamentary Documents Part 4—Amendments to Other Acts Confiscation (Amendment) Act 2003 Act No. 63/2003 92 46. Seizure of tainted property under Drugs, Poisons and Controlled Substances Act 1981 warrant (1) In section 81(1) of the Drugs, Poisons and Controlled Substances Act 1981 insert— "(1A) A magistrate who issues a warrant under sub-section (1), if satisfied on reasonable grounds by the evidence given under that sub-section that the thing or document to which the warrant relates is also tainted property within the meaning of the Confiscation Act 1997, may, in that warrant, direct that the applicant hold or retain that thing or document as if it were tainted property seized under a warrant under section 79 of that Act as and from the date when that thing or document is no longer required for evidentiary purposes under this Act. (1B) A direction under sub-section (1A)— (a) may only be made in relation to an offence under this Act which is a forfeiture offence within the meaning of the Confiscation Act 1997; and (b) does not apply to a thing which may be destroyed or disposed of under sub- section (3)(e).". (2) In section 81(3)(d) of the Drugs, Poisons and Controlled Substances Act 1981, after "away or" insert ", unless a direction under sub-section (1A) applies,". (3) After section 81(4) of the Drugs, Poisons and Controlled Substances Act 1981 insert— "(4A) If a direction under sub-section (1A) was made, a report referred to in sub-section (4)(b) must also include particulars of whether a seized thing or document is being s. 46 -- 98 of 106 -- Victorian Legislation and Parliamentary Documents Part 4—Amendments to Other Acts Confiscation (Amendment) Act 2003 Act No. 63/2003 93 held or retained as if it were tainted property within the meaning of the Confiscation Act 1997 seized under a warrant under section 79 of that Act.". 47. New sections 81A to 81E inserted After section 81 of the Drugs, Poisons and Controlled Substances Act 1981 insert— "81A. Notice that seized thing or document is being held for purposes of Confiscation Act 1997 (1) If a thing or document seized under a warrant issued under section 81 to which a direction under section 81(1A) applies is no longer required for evidentiary purposes under this Act, the person to whom that warrant was issued must give notice to all persons known to have an interest in that thing or document that the thing or document is being held or retained as if it were tainted property seized under a warrant under section 79 of the Confiscation Act 1997. (2) A notice under sub-section (1) must be— (a) given within 7 days after the thing or document is no longer required for evidentiary purposes under this Act; and (b) in the prescribed form. 81B. Application for tainted property to be held or retained—return of warrant to court (1) When a thing or document is brought before the Magistrates' Court to be dealt with according to law in accordance with the warrant issued under section 81 under which that thing or document was seized, the s. 47 -- 99 of 106 -- Victorian Legislation and Parliamentary Documents Part 4—Amendments to Other Acts Confiscation (Amendment) Act 2003 Act No. 63/2003 94 member of the police force to whom the warrant was addressed or another member of the police force may apply to the Court for a direction that the thing or document so seized be held or retained as if it were tainted property seized under a warrant under section 79 of the Confiscation Act 1997. (2) An application may only be made under sub- section (1) if a direction under section 81(1A) was not made in relation to the warrant when it was issued. 81C. Court may make direction (1) On an application under section 81B, if the Court is satisfied on reasonable grounds that the thing or document seized under the warrant issued under section 81 is tainted property within the meaning of the Confiscation Act 1997, the Court may direct that the thing or document be held or retained by the member of the police force as if it were tainted property seized under a warrant under section 79 of that Act. (2) A direction under this section takes effect on and from the date that the thing or document is no longer required for evidentiary purposes under this Act. (3) In determining whether the thing or document which is the subject of the application is in fact tainted property within the meaning of the Confiscation Act 1997, the Court may require the applicant to provide any information that the Court considers necessary. s. 47 -- 100 of 106 -- Victorian Legislation and Parliamentary Documents Part 4—Amendments to Other Acts Confiscation (Amendment) Act 2003 Act No. 63/2003 95 81D. Notice of direction under section 81C (1) If the Magistrates' Court makes a direction under section 81C, the applicant for the direction must give notice to all persons known to have an interest in the thing or document to which the direction applies that the thing or document is being held or retained as if it were tainted property seized under a warrant under section 79 of the Confiscation Act 1997 by virtue of a direction made under section 81C. (2) A notice under sub-section (1) must be— (a) given within 7 days after the thing or document is no longer required for evidentiary purposes under this Act; and (b) in the prescribed form. 81E. Effect of directions under sections 81(1A) and 81C If a direction has been made under section 81(1A) or 81C, the thing or document to which the direction applies— (a) is deemed, on and from the date on which the thing or document is no longer required for evidentiary purposes under this Act, to have been seized as tainted property under a warrant under section 79 of the Confiscation Act 1997; and (b) is to be dealt with under that Act accordingly.". s. 47 -- 101 of 106 -- Victorian Legislation and Parliamentary Documents Part 4—Amendments to Other Acts Confiscation (Amendment) Act 2003 Act No. 63/2003 96 48. Amendment of Schedule Ten warrant—Drugs, Poisons and Controlled Substances Act 1981 (1) In Schedule Ten to the Drugs, Poisons and Controlled Substances Act 1981, before "Given under my hand" insert— "*(2) in relation to a specified thing or a specified document to which this warrant relates which is also tainted property within the meaning of the Confiscation Act 1997, to hold or retain that thing or document as if it were tainted property seized under a warrant under section 79 of that Act as and from the date when that thing or document is no longer required for evidentiary purposes under the Drugs, Poisons and Controlled Substances Act 1981.". (2) In Schedule Ten to the Drugs, Poisons and Controlled Substances Act 1981, omit "19" (where last occurring). 49. New Part 3 of Schedule Eleven to the Drugs, Poisons and Controlled Substances Act 1981 inserted For Part 3 in Schedule Eleven to the Drugs, Poisons and Controlled Substances Act 1981 substitute— "PART 3 Column 1 Drug Column 1A (Large Commercial Quantity) Quantity Column 1B (Large Commercial Quantity) Quantity of mixture of substance and drug of dependence Column 2 (Commer- cial Quantity) Quantity Column 2A (Commer- cial Quantity) Quantity of mixture of substance and drug of depend- ence Column 2B (Automatic Forfeiture Quantity) Quantity Column 3 (Traffick- able Quantity) Quantity Column 4 (Small Quantity) Quantity AMPHETAMINE 750⋅0 g 2⋅50 kg 250⋅0 g 1⋅25 kg 75⋅0 g 6⋅0 g 1⋅0 g COCAINE 750⋅0 g 1⋅0 kg 250⋅0 g 500⋅0 g 30⋅0 g 3⋅0 g 1⋅0 g DIACETYLMORPHINE (Heroin) 750⋅0 g 1⋅0 kg 250⋅0 g 500⋅0 g 30⋅0 g 3⋅0 g 1⋅0 g LYSERGIC ACID DIETHYLAMIDE 150⋅0 mg 50⋅0 mg 3⋅0 mg 1⋅5 mg 0⋅2 mg METHYLAMPHETAMINE 750⋅0 g 2⋅50 kg 250⋅0 g 1⋅25 kg 75⋅0 g 6⋅0 g 1⋅0 g METHYLENEDIOXY- AMPHETAMINES 750⋅0 g 1⋅0 kg 100⋅0 g 500⋅0 g 30⋅0 g 3⋅0 g 0⋅75 g s. 48 -- 102 of 106 -- Victorian Legislation and Parliamentary Documents Part 4—Amendments to Other Acts Confiscation (Amendment) Act 2003 Act No. 63/2003 97 Column 1 Drug Column 1A (Large Commercial Quantity) Quantity Column 1B (Large Commercial Quantity) Quantity of mixture of substance and drug of dependence Column 2 (Commer- cial Quantity) Quantity Column 2A (Commer- cial Quantity) Quantity of mixture of substance and drug of depend- ence Column 2B (Automatic Forfeiture Quantity) Quantity Column 3 (Traffick- able Quantity) Quantity Column 4 (Small Quantity) Quantity 3,4-METHYLENEDIOXY- AMPHETAMINE (MDA) 750⋅0 g 1⋅0 kg 100⋅0 g 500⋅0 g 30⋅0 g 3⋅0 g 0⋅75 g 3,4-METHYLENEDIOXY-N- METHYLAMPHETAMINE (MDMA) 750⋅0 g 1⋅0 kg 100⋅0 g 500⋅0 g 30⋅0 g 3⋅0 g 0⋅75 g TETRAHYDROCANNABINOL 3⋅0 kg 25⋅0 kg 1⋅0 kg 10⋅0 kg 600⋅0 g 25⋅0 g 1⋅0 g ANABOLIC AND ANDROGENIC STEROIDAL AGENTS, other than in implant preparations for use in animals 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g ATAMESTANE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g BOLANDIOL 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g BOLASTERONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g BOLAZINE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g BOLDENONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g BOLENOL 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g CALUSTERONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g CHLORANDROSTENOLONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g CLOSTEBOL 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g DANAZOL 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g DIHYDROLONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g DIMETHANDROSTANOLONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g DROSTANOLONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g ENESTEBOL 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g EPITIOSTANOL 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g ETHYLDIENOLONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g ETHYLOESTRENOL 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g FLUOXYMESTERONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g FORMEBOLONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g FURAZABOL 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g HYDROXYSTENOZOL 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g MEBOLAZINE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g MEPITIOSTANE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g MESABOLONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g MESTANOLONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g MESTEROLONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g METHANDIENONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g METHANDRIOL 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g METHENOLONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g METHYLCLOSTEBOL 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g s. 49 -- 103 of 106 -- Victorian Legislation and Parliamentary Documents Part 4—Amendments to Other Acts Confiscation (Amendment) Act 2003 Act No. 63/2003 98 Column 1 Drug Column 1A (Large Commercial Quantity) Quantity Column 1B (Large Commercial Quantity) Quantity of mixture of substance and drug of dependence Column 2 (Commer- cial Quantity) Quantity Column 2A (Commer- cial Quantity) Quantity of mixture of substance and drug of depend- ence Column 2B (Automatic Forfeiture Quantity) Quantity Column 3 (Traffick- able Quantity) Quantity Column 4 (Small Quantity) Quantity METHYLTESTOSTERONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g METHYLTRIENOLONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g METRIBOLONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g MIBOLERONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g NANDROLONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g NORANDROSTENOLONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g NORBOLETHONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g NORCLOSTEBOL 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g NORETHANDROLONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g NORMETHANDRONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g OVANDROTONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g OXABOLONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g OXANDROLONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g OXYMESTERONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g OXYMETHOLONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g PRASTERONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g PROPETANDROL 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g QUINBOLONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g ROXIBOLONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g SILANDRONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g STANOLONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g STANOZOLOL 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g STENBOLONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g TESTOLACTONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g TESTOSTERONE, other than in implant preparations for use in animals 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g THIOMESTERONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g TRENBOLONE, other than in implant preparations for use in animals 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g TRESTOLONE 5⋅0 kg 5⋅0 kg 300⋅0 g 500⋅0 g 50⋅0 g Note: kg = kilogram g = gram mg = milligram". s. 49 -- 104 of 106 -- Victorian Legislation and Parliamentary Documents Part 4—Amendments to Other Acts Confiscation (Amendment) Act 2003 Act No. 63/2003 99 Division 3—Sentencing Act 1991 50. Property forfeited under automatic forfeiture (1) After section 5(2A)(a) of the Sentencing Act 1991 insert— "(ab) if it is satisfied that property was acquired lawfully, may have regard to automatic forfeiture under the Confiscation Act 1997 in respect of property— (i) that was used in, or in connection with, the commission of the offence; (ii) that was intended to be used in, or in connection with, the commission of the offence; (iii) that was derived or realised, or substantially derived or realised, directly or indirectly, from property referred to in sub-paragraph (i) or (ii);". (2) In section 5(2A)(e) of the Sentencing Act 1991, for "must" substitute "subject to paragraph (ab), must". ═══════════════ s. 50 See: Act No. 49/1991. Reprint No. 6 as at 1 August 2001 and amending Act Nos 45/2001, 61/2001, 80/2001, 1/2002, 2/2002 and 35/2002. LawToday: www.dms. dpc.vic. gov.au -- 105 of 106 -- Victorian Legislation and Parliamentary Documents Confiscation (Amendment) Act 2003 Act No. 63/2003 100 ENDNOTES † Minister's second reading speech— Legislative Assembly: 1 May 2003 Legislative Council: 16 September 2003 The long title for the Bill for this Act was "to make various amendments to the Confiscation Act 1997, to consequentially amend the Crimes Act 1958, the Drugs, Poisons and Controlled Substances Act 1981 and the Sentencing Act 1991 and for other purposes." Constitution Act 1975: Section 85(5) statement: Legislative Assembly: 1 May 2003 Legislative Council: 16 September 2003 Absolute majorities: Legislative Assembly: 28 August 2003 Legislative Council: 18 September 2003 Endnotes -- 106 of 106 --