Australian Capital Territory
Proceeds of Crime Regulations 1993     No 50
made under the
Proceeds of Crime Act 1991
Republication No 1
Republication date: 1 August 2002
Last amendment made by Act 2001 No 44
Amendments incorporated to 12 September 2001

Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication
The republished law
This is a republication of the Proceeds of Crime Regulations 1993, made under the Proceeds of Crime Act 1991, including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes), as in force on 1 August 2002.  It also includes any amendment, repeal or expiry affecting the republished law to 12 September 2001.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
When preparing the authorised version of this republication amendments were made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Amendments incorporated to
12 September 2001

Australian Capital Territory
Proceeds of Crime Regulations 1993
made under the
Proceeds of Crime Act 1991
Contents
	Page
	1	Name of regulations	2
	3	Declaration of State laws—def of corresponding law	2
	4	Distributable funds	2
	5	What is a government business enterprise?	3
	6	Declaration of orders—def of interstate forfeiture order	3
	7	Declaration of orders—def of interstate pecuniary penalty order	3
	8	Declaration of orders—def of interstate restraining order	4
	9	Declaration of substances—def of narcotic substance	5
	10	Suspended funds	5
	11	Notice by DPP of possible claims under the equitable sharing program	6
	12	DPP to give public trustee notice of certain applications and orders	7
	14	Annual management fee for trust fund	7
	15	Determination of balance of distributable funds	7
	16	Remuneration of public trustee	8
	17	Costs etc payable to public trustee	8
Schedule 1	Declared narcotic substances	9
Endnotes
	1	About the endnotes	16
	2	Abbreviation key	16
	3	Legislation history	17
	4	Amendment history	17

Amendments incorporated to
12 September 2001

Australian Capital Territory
Proceeds of Crime Regulations 1993     

made under the
Proceeds of Crime Act 1991

    

  

1	Name of regulations
These regulations are the Proceeds of Crime Regulations 1993.
3	Declaration of State laws—def of corresponding law
For the Act, section 4 (1), definition of corresponding law, each of the following laws is declared to be a law that corresponds to the Act:
	(a)	Drug Trafficking (Civil Proceedings) Act 1990 (NSW);
	(b)	Confiscation of Proceeds of Crime Act 1989 (NSW);
	(c)	Crimes (Confiscation of Profits) Act 1986 (Vic);
	(d)	Crimes (Confiscation of Profits) Act 1989 (Qld);
	(e)	Crimes (Confiscation of Profits) Act 1988 (WA);
	(f)	Crimes (Confiscation of Profits) Act 1986 (SA);
	(g)	Crime (Confiscation of Profits) Act 1993 (Tas);
	(h)	Crimes (Forfeiture of Proceeds) Act 1988 (NT).
4	Distributable funds
For the Act, section 4 (1), definition of distributable funds, paragraph (a), the following money paid into the trust fund are distributable funds:
	(a)	money referred to in the Act, section 4 (1), definition of proceeds of confiscated assets, paragraph (a);
	(b)	money referred to in the Act, section 4 (1), definition of proceeds of confiscated assets, paragraphs (b) to (j) that is not an amount in relation to which notice has been given to the public trustee under regulation 11 (2) or (3);
	(c)	money referred to in the Act, section 34 (1) (c).
5	What is a government business enterprise?
For the Act, section 4 (1), definition of government business enterprise, Totalcare Industries Limited is prescribed.
6	Declaration of orders—def of interstate forfeiture order
For the Act, section 4 (1), the definition of interstate forfeiture order, each of the following kinds of orders is declared to be within the definition:
	(a)	assets forfeiture orders under the Drug Trafficking (Civil Proceedings) Act 1990 (NSW), section 22;
	(b)	forfeiture orders under the Confiscation of Proceeds of Crime Act 1989 (NSW), section 18 (1);
	(c)	forfeiture orders under the Crimes (Confiscation of Profits) Act 1986 (Vic), section 7 (1);
	(d)	forfeiture orders under the Crimes (Confiscation of Profits) Act 1989 (Qld), section 8 (1);
	(e)	forfeiture orders under the Crimes (Confiscation of Profits) Act 1988 (WA), section 10 (1);
	(f)	orders that property be forfeited to the Crown made under the Crimes (Confiscation of Profits) Act 1986 (SA), section 5 (1);
	(g)	forfeiture orders under the Crime (Confiscation of Profits) Act 1993 (Tas), section 16 (1);
	(h)	forfeiture orders under the Crimes (Forfeiture of Proceeds) Act 1988 (NT), section 5 (1).
7	Declaration of orders—def of interstate pecuniary penalty order
For the Act, section 4 (1), definition of interstate pecuniary penalty order, each of the following kinds of orders is declared to be within the definition:
	(a)	proceeds assessment orders under the Drug Trafficking (Civil Proceedings) Act 1990 (NSW), section 27;
	(b)	pecuniary penalty orders under the Confiscation of Proceeds of Crime Act 1989 (NSW), section 24 (1) and drug proceeds orders under that Act, section 29 (1);
	(c)	pecuniary penalty orders under the Crimes (Confiscation of Profits) Act 1986 (Vic), section 12 (1);
	(d)	pecuniary penalty orders under the Crimes (Confiscation of Profits) Act 1989 (Qld), section 13 (1);
	(e)	pecuniary penalty orders under the Crimes (Confiscation of Profits) Act 1988 (WA), section 15 (1);
	(f)	pecuniary penalty orders under the Crime (Confiscation of Profits) Act 1993 (Tas), section 21 (1);
	(g)	pecuniary penalty orders under the Crimes (Forfeiture of Proceeds) Act 1988 (NT), section 10 (1).
8	Declaration of orders—def of interstate restraining order
For the Act, section 4 (1), definition of interstate restraining order, each of the following kinds of orders is declared to be within the definition:
	(a)	restraining orders under the Drug Trafficking (Civil Proceedings) Act 1990 (NSW), section 10;
	(b)	restraining orders under the Confiscation of Proceeds of Crime Act 1989 (NSW), section 43 (2);
	(c)	restraining orders under the Crimes (Confiscation of Profits) Act 1986 (Vic), section 16 (3);
	(d)	restraining orders under the Crimes (Confiscation of Profits) Act 1989 (Qld), section 17 (8);
	(e)	restraining orders under the Crimes (Confiscation of Profits) Act 1988 (WA), section 20 (7);
	(f)	sequestration orders under the Crimes (Confiscation of Profits) Act 1986 (SA), section 6 (1);
	(g)	restraining orders under the Crime (Confiscation of Profits) Act 1993 (Tas), section 26 (2);
	(h)	restraining orders under the Crimes (Forfeiture of Proceeds) Act 1988 (NT), section 14 (2).
9	Declaration of substances—def of narcotic substance
For the Act, section 4 (1), definition of narcotic substance, each substance, or each substance of a kind, specified in an item in schedule 1 is declared to be a substance to which the definition applies.
10	Suspended funds
For the Act, section 4 (1), definition of suspended funds, the following amounts paid into the trust fund are suspended funds:
	(a)	an amount equal to any amount payable in accordance with an order under the Act, section 21 (6) or 29 (6) of which the public trustee has been given notice;
	(b)	if the DPP, under regulation 12 (2), gives the public trustee a copy of a notice relating to an application for an order under the Act, section 21 (6) or 29 (6) and that application has not been finally determined—an amount equal to any amount that the public trustee considers is likely to become payable in accordance with an order under the Act, section 21 (6) or 29 (6);
	(c)	an amount that is referred to in the Act, section 34 (1) (b);
	(d)	an amount in relation to which notice has been given to the public trustee under regulation 11 (2) or (3).
11	Notice by DPP of possible claims under the equitable sharing program
	(1)	In this regulation:
property means money, proceeds or an amount, as each case requires, referred to in the Act, section 4 (1), definition of proceeds of confiscated assets, paragraph (b), (c), (d), (e), (f), (i) or (j).
	(2)	As soon as practicable after—
	(a)	a forfeiture order is made under the Act, section 19 (1); or
	(b)	the forfeiture under the Act, section 28 of property within the meaning of that section; or
	(c)	a restraining order is made under the Act, section 45 (2);
the DPP shall give written notice to the public trustee if the DPP considers that the property to which the order relates, or that is forfeited, is property in relation to which a claim may be made under the equitable sharing program.
	(3)	If the DPP—
	(a)	applies to a court for a pecuniary penalty order under the Act, division 2.3; or
	(b)	considers that a claim may be made under the equitable sharing program in relation to any amount that is, or may be, paid into the trust fund as a result of the order;
the DPP shall, as soon as practicable, give written notice to the public trustee accordingly.
	(4)	A notice under subregulation (2) or (3) shall include—
	(a)	the name of the claimant State or Territory; and
	(b)	the percentage of the property likely to be payable in relation to the claim; and
	(c)	other brief particulars of the claim.
12	DPP to give public trustee notice of certain applications and orders
	(1)	If the DPP is given notice of an order, or an application for an order, under the Act, section 19 (5), the DPP shall, as soon as practicable after receiving the notice, advise the public trustee in writing of the order or application. 
	(2)	If the DPP is given notice under the Act, section 21 (9) or 29 (8) of an application for an order, the DPP shall give the public trustee a copy of the notice.
14	Annual management fee for trust fund
	(1)	For the Act, section 35 (1) (a) (ii), the prescribed annual management fee is $500.
	(2)	The annual management fee is payable by 10 January each year.
15	Determination of balance of distributable funds
In making a determination for the Act, section 36 (1), the Attorney‑General shall have regard to the following matters: 
	(a)	any amount in relation to which notice has been given to the public trustee under regulation 11 (2) or (3);
	(b)	any amount payable to the Commonwealth or a State under the Act, section 35 (1) (a) (i);
	(c)	any amount of suspended funds in relation to which a payment has not been, but may be, made under the Act, section 35 (1) (a) (i);
	(d)	any amount that may be required to make a payment referred to in the Act, section 35 (1) (a) (iii);
	(e)	the amount of suspended funds that the public trustee declares under the Act, section 37 (3) to be distributable funds.
16	Remuneration of public trustee
	(1)	There is payable to the public trustee in relation to the exercise by the public trustee of functions under the Act—
	(a)	if the public trustee is a band 1 officer in the senior executive service of the public service or an officer of a higher classification in the public service—remuneration at the rate of $150 per hour for the time when the officer is so engaged; or
	(b)	if the public trustee is a senior officer grade C in the public service or an officer of a higher classification in the public service, other than a classification referred to in paragraph (a)—remuneration at the rate of $100 per hour for the time when the officer is so engaged; or
	(c)	if the public trustee is an administrative service officer, class 6 in the public service or an officer of a lower classification in the public service—remuneration at the rate of $75 per hour for the time when the officer is so engaged.
	(2)	For subregulation (1), a person who, for the time being, is performing the duties of a particular office in the public service shall be taken to be the holder of that office.
17	Costs etc payable to public trustee
There is payable to the public trustee an amount equal to the amount of costs, charges and expenses incurred in connection with the exercise by the public trustee of functions under the Act.

Schedule 1	Declared narcotic substances
(see reg 10)
column 1
item 	column 2
substances	
1	Acetyl-alpha-methylfentanyl	
2	Acetylmorphines	
3	Alfentanil	
4	Alkoxyamphetamines and bromo-substituted alkoxyamphetamines except if separately specified in this schedule	
5	Alkoxyphenethylamines and alkyl-substituted alkoxyphenethylamines except if separately specified in this schedule	
6	Alpha-methylfentanyl	
7	Alpha-methylthiofentanyl	
8	Beta-hydroxyfentanyl	
9	Beta-hydroxy-3-methylfentanyl	
10	4-Bromo-3,5-dimethoxyamphetamine	
11	4-Bromo-2,5-dimethoxyphenethylamine (BDMPEA)	
12	3-Bromo-4-methoxyamphetamine	
13	4-Bromo-3-methoxyamphetamine	
14	Butorphanol	
15	Cannabis Oil	
16	Cathinone	
17	Coca leaf	
18	Concentrate of Poppy Straw (the material produced when poppy straw has undergone a process for the concentration of its alkaloids)	
19	4-Cyano-2-dimethylamino-4,4-diphenylbutane (Methadone intermediate)	
20	4-Cyano-1-methyl-4-phenylpiperidine (Pethidine intermediate A)	
21	Dexamphetamine	
22	Dextromoramide	
23	Dextropropoxyphene	
24	Difenoxin	
25	2,4-Dimethoxyamphetamine	
26	3,4-Dimethoxyamphetamine	
27	3,4-Dimethoxy-5-ethoxyamphetamine	
28	2,5-Dimethoxy-4-ethoxyamphetamine	
29	4,5-Dimethoxy-2-ethoxyamphetamine	
30	2,5-Dimethoxy-4-ethyl-alpha-methylphenylethylamine (DOET)	
31	2,3-Dimethoxy-4,5-methylenedioxyamphetamine	
32	2,5-Dimethoxy-3,4-methylenedioxyamphetamine	
33	2,5-Dimethoxy-alpha-methylphenylethylamine (DMA)	
34	3,4-Dimethoxyphenylethylamine	
35	3-(1,2-Dimethylheptyl)-1-hydroxy-7,8,9,10-tetrahydro-6, 6,9-trimethyl-6H-dibenzo[b,d]pyran (DMHP)	
36	Drotebanol	
37	4,5-Ethylenedioxy-3-methoxyamphetamine	
38	Eticyclidine (PCE)	
39	Fenetylline	
40	3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo [b,d]pyran (Parahexyl)	
41	Isomethadone	
42	Levamphetamine	
43	Levomethamphetamine	
44	Levomethorphan	
45	Levomoramide	
46	Levophenacylmorphan	
47	Mecloqualone	
48	2-Methoxy-3,4-methylenedioxyamphetamine	
49	2-Methoxy-4,5-methylenedioxyamphetamine	
50	4-Methoxy-2,3-methylenedioxyamphetamine	
51	5-Methoxy-3,4-methylenedioxy-alpha-methylphenylethylamine (MMDA)	
52	2-Methoxy-3,4-methylenedioxyphenylethylamine	
53	3-Methoxy-4,5-methylenedioxyphenylethylamine	
54	4-Methoxy-alpha-methylphenylethylamine (PMA)	
55	4-Methoxyphenylethylamine	
56	2-Methyl-3-morpholino-1,1-diphenylpropane carboxylic acid (Moramide intermediate)	
57	1-Methyl-4-phenyl-4-propionoxypiperidine (MPPP)	
58	1-Methyl-4-phenylpiperidine-4-carboxylic acid (Pethidine intermediate C)	
59	3,4-Methylenedioxy-N, alpha-dimethylphenylethylamine (MDMA)	
60	3,4-Methylenedioxy-N-ethylamphetamine (MDE)	
61	3-Methylfentanyl	
62	3-Methylthiofentanyl	
63	Morphine Methobromide	
64	Muscimol	
65	Nabilone	
66	Para-fluorofentanyl	
67	Phencyclidine (PCP)	
68	1-Phenylethyl-4-phenyl-4-acetoxypiperidine (PEPAP)	
69	4-Phenylpiperidine-4-carboxylic acid ethyl ester (Pethidine intermediate B)	
70	Propiram	
71	Racemoramide	
72	Racemorphan	
73	Rolicyclidine (PHP,PCPY)	
74	Sufentanil	
75	Tenocyclidine (TCP)	
76	2,3,4,5-Tetramethoxyamphetamine	
77	Thiofentanyl	
78	Tilidine	
79	2,3,4-Trimethoxyamphetamine	
80	2,3,5-Trimethoxyamphetamine	
81	2,3,6-Trimethoxyamphetamine	
82	2,4,5-Trimethoxyamphetamine	
83	2,4,6-Trimethoxyamphetamine	
84	3,4,5-Trimethoxy-alpha-methylphenylethylamine (TMA)	
85	1-(3,4,5-Trimethoxyphenyl)-2-aminobutane	
86	2,4,5-Trimethoxyphenylethylamine	
87	Substances structurally derived from methoxy-phenylethylamine other than—	
		(a)	methoxyphenamine; or
	(b)	a substance separately specified in an item in this schedule	
88	A substance that is, in relation to a substance specified in an item in this schedule—
	(a)	an active principal of that specified substance; or
	(b)	a preparation or admixture of that specified substance; or
	(c)	a salt of that specified substance or active principal;
	except if the firstmentioned substance is separately specified in an item in this schedule	
89	A substance (being a drug analogue) that is, in relation to another substance (being a narcotic substance within the meaning of the Customs Act 1901 (Cwlth) or a substance specified in an item in this schedule (other than this item), or a stereoisomer, a structural isomer (with the same constituent groups) or an alkaloid of such a drug or substance)—	
		(a)	a stereoisomer; or
	(b)	a structural isomer having the same constituent groups; or
	(c)	an alkaloid; or
	(d)	a structural modification notionally obtained in 1 or more of the following ways:	
		(i)	by the replacement of up to 2 carbocyclic or heterocyclic ring structures with different carbocyclic or heterocyclic ring structures; 	
		(ii)	by the addition of hydrogen atoms to 1 or more unsaturated bonds; 	
		(iii)	by the addition of 1 or more of the alkoxy, cyclic diether, acyl, acyloxy, mono-amino or dialkylamino groups (with up to 6 carbon atoms in any alkyl residue), alkyl, alkenyl or alkynyl groups (with up to 6 carbon atoms in the group, if the group is attached to oxygen (for example, an ester or an ether group), nitrogen, sulphur or carbon) or halogen, hydroxy, nitro or amino groups; 	
		(iv)	by the replacement of 1 or more of the groups specified in subparagraph (iii) with another such group or groups; 	
		(v)	by the conversion of a carboxyl or an ester group into an amide group; or	
		(e)	otherwise a homologue, an analogue, a chemical derivative or a substance substantially similar in chemical structure;
		however manufactured or actually obtained, except if the drug analogue—
	(f)	is a narcotic substance within the meaning of the Customs Act 1901 (Cwlth); or
	(g)	is separately specified in an item in this schedule.	

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	p = page	
cl = clause	par = paragraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	prov = provision	
div = division	pt = part	
exp = expires/expired	r = rule/subrule	
Gaz = Gazette	reg = regulation/subregulation	
hdg = heading	renum = renumbered	
IA = Interpretation Act 1967	reloc = relocated	
ins = inserted/added	R[X] = Republication No	
LA = Legislation Act 2001	s = section/subsection	
LR = legislation register	sch = schedule	
LRA = Legislation (Republication) Act 1996	sdiv = subdivision	
mod = modified / modification	sub = substituted	
No = number	SL  = Subordinate Law	
num = numbered	underlining = whole or part not commenced	
o = order	or to be expired	
om = omitted/repealed		
3	Legislation history
The Proceeds of Crime Regulations 1993 were originally the Proceeds of Crime Regulations.  They were renamed under the Legislation Act 2001.
Proceeds of Crime Regulations 1993 No 50
notified 22 December 1993 (Gaz No S269)
commenced 22 December 1993
as amended by
Statutory Offices (Miscellaneous Provisions) Act 1994 No 97 sch pt 2
notified 15 December 1994 (Gaz 1994 No S280)
s 1, s 2 commenced 15 December 1994 (s 2 (1))
sch pt 2 commenced 15 December 1994 (s 2 (2) and Gaz 1994 No S293)
Legal Practitioners (Consequential Amendments) Act 1997 No 96 sch 2
notified 1 December 1997 (Gaz 1997 No S380)
s 1, s 2 commenced 1 December 1997 (s 2 (1))
sch 2 commenced 1 June 1998 (s 2 (2))
Legislation (Consequential Amendments) Act 2001 No 44 pt 300
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 300 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
4	Amendment history
Name of regulations
reg 1 hdg	am R1 LA
reg 1	am R1 LA
Interpretation
reg 2	om Act 2001 No 44 amdt 1.3292
Notice of application for court order regarding third party interest
reg 13	om Act 2001 No 44 amdt 1.3292
Remuneration of public trustee
reg 16	am Act 1994 No 97
Forms
sch 2	am Act 1997 No 96 sch 2
	om Act 2001 No 44 amdt 1.3293

Unauthorised version prepared by ACT Parliamentary Counsel's Office

©  Australian Capital Territory 2002