Australian Capital Territory
Confiscation of Criminal Assets Regulations 2003     No 25
made under the
Confiscation of Criminal Assets Act 2003
Republication No 1
Effective:  15 August 2003 – 31 October 2004
Republication date: 15 August 2003
Regulations not amended

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Confiscation of Criminal Assets Regulations 2003, made under the Confiscation of Criminal Assets Act 2003, including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).  It also includes any commencement, amendment, repeal or expiry affecting the republished law up to 15 August 2003.  
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 amendments
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.  
This republication does not include amendments 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.

Australian Capital Territory
Confiscation of Criminal Assets Regulations 2003
made under the
Confiscation of Criminal Assets Act 2003
Contents
	Page
Part 1	Preliminary
	1	Name of regulations	2
	3	Notes	2
Part 2	Corresponding laws and orders
	4	Corresponding laws—Act, dict, def corresponding law	3
	5	Corresponding law orders—Act, dict, def interstate restraining order	3
	6	Corresponding law orders—Act, dict, def interstate automatic forfeiture decision	4
	7	Corresponding law orders—Act, dict, def interstate civil forfeiture order	5
	8	Corresponding law orders—Act, dict, def interstate conviction forfeiture order	6
	9	Corresponding law orders—Act, dict, def interstate penalty order	7
Part 3	Miscellaneous
	10	Police officer to give DPP notice of proposal to restrain property	8
	11	Other narcotic substances—Act, s 90, def narcotic substance	8
	12	Confiscated assets trust fund—public trustee’s annual management fee—Act, s 132 (1) (d)	8
Schedule 1	Other narcotic substances	9
Endnotes
	1	About the endnotes	11
	2	Abbreviation key	11
	3	Legislation history	12
	4	Amendment history	12

Australian Capital Territory
Confiscation of Criminal Assets Regulations 2003     

made under the
Confiscation of Criminal Assets Act 2003

    

  

Part 1	Preliminary
1	Name of regulations
These regulations are the Confiscation of Criminal Assets Regulations 2003.
3	Notes
A note included in these regulations is explanatory and is not part of these regulations.
Note	See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Part 2	Corresponding laws and orders
4	Corresponding laws—Act, dict, def corresponding law
The following laws are declared to be corresponding laws:
	(a)	Confiscation of Proceeds of Crime Act 1989 (NSW);
	(b)	Criminal Assets Recovery Act 1990 (NSW);
	(c)	Confiscation Act 1997 (Vic);
	(d)	Criminal Proceeds Confiscation Act 2002 (Qld);
	(e)	Criminal Property Confiscation Act 2000 (WA);
	(f)	Criminal Assets Confiscation Act 1996 (SA);
	(g)	Crime (Confiscation of Profits) Act 1993 (Tas);
	(h)	Criminal Property Forfeiture Act 2002 (NT).
5	Corresponding law orders—Act, dict, def interstate restraining order
	(1)	Corresponding law orders under the following provisions are prescribed:
	(a)	Confiscation of Proceeds of Crime Act 1989 (NSW), section 43;
	(b)	Criminal Assets Recovery Act 1990 (NSW), section 10;
	(c)	Confiscation Act 1997 (Vic), section 18;
	(d)	Criminal Proceeds Confiscation Act 2002 (Qld), sections 31, 122 and 208 (6);
	(e)	Criminal Property Confiscation Act 2000 (WA), sections 34 and 43;
	(f)	Criminal Assets Confiscation Act 1996 (SA), section 15;
	(g)	Crime (Confiscation of Profits) Act 1993 (Tas), section 26;
	(h)	Criminal Property Forfeiture Act 2002 (NT), sections 40, 43 and 44.
	(2)	The following corresponding law orders are also prescribed:
	(a)	an order consenting to the making of an order prescribed under subregulation (1);
	(b)	an order varying an order prescribed under subregulation (1); 
	(c)	an order varying the property to which an order prescribed under subregulation (1) relates.
6	Corresponding law orders—Act, dict, def interstate automatic forfeiture decision
	(1)	Corresponding law orders under the following provisions are prescribed:
	(a)	Criminal Proceeds Confiscation Act 2002 (Qld), section 163;
	(b)	Confiscation Act 1997 (Vic), section 35;
	(c)	Criminal Property Confiscation Act 2000 (WA), sections 7 and 8;
	(d)	Criminal Property Forfeiture Act 2002 (NT), section 94.
	(2)	The following corresponding law orders are also prescribed:
	(a)	an order varying an order prescribed under subregulation (1); 
	(b)	an order varying the property to which an order prescribed under subregulation (1) relates.
7	Corresponding law orders—Act, dict, def interstate civil forfeiture order
	(1)	Corresponding law orders under the following provisions are prescribed:
	(a)	Criminal Assets Recovery Act 1990 (NSW), section 22;
	(b)	Confiscation Act 1997 (Vic), part 4;
	(c)	Criminal Proceeds Confiscation Act 2002 (Qld), section 58;
	(d)	Criminal Property Confiscation Act 2000 (WA)—
	(i)	section 22 if the order is made otherwise than in relation to a relevant confiscation offence for which a person has been convicted; and 
	(ii)	section 28 if the order is made otherwise than in relation to a relevant confiscation offence for which a person has been convicted;
	(e)	Criminal Property Forfeiture Act 2002 (NT), sections 96 and 97.
	(2)	The following corresponding law orders are also prescribed:
	(a)	an order consenting to the making of an order prescribed under subregulation (1);
	(b)	an order varying an order prescribed under subregulation (1); 
	(c)	an order varying the property to which an order prescribed under subregulation (1) relates.
8	Corresponding law orders—Act, dict, def interstate conviction forfeiture order
	(1)	Corresponding law orders under the following provisions are prescribed:
	(a)	Criminal Assets Recovery Act 1990 (NSW), section 18;
	(b)	Confiscation Act 1997 (Vic), division 3.1;
	(c)	Criminal Proceeds Confiscation Act 2002 (Qld), section 151;
	(d)	Criminal Property Confiscation Act 2000 (WA)—
	(i)	section 22 if the order is made in relation to a relevant confiscation offence for which a person has been convicted; and 
	(ii)	section 28 if the order is made in relation to a relevant confiscation offence for which a person has been convicted;
	(e)	Criminal Assets Confiscation Act 1996 (SA), section 8;
	(f)	Crime (Confiscation of Profits) Act 1993 (Tas), section 16.
	(2)	The following corresponding law orders are also prescribed:
	(a)	an order consenting to the making of an order prescribed under subregulation (1);
	(b)	an order varying an order prescribed under subregulation (1); 
	(c)	an order varying the property to which an order prescribed under subregulation (1) relates.
9	Corresponding law orders—Act, dict, def interstate penalty order
	(1)	Corresponding law orders under the following provisions are prescribed:
	(a)	Confiscation of Proceeds of Crime Act 1989 (NSW), sections 24 and 29;
	(b)	Criminal Assets Recovery Act 1990 (NSW), section 27;
	(c)	Confiscation Act 1997 (Vic), part 8;
	(d)	Criminal Proceeds Confiscation Act 2002 (Qld), sections 78, 184 and 202;
	(e)	Criminal Property Confiscation Act 2000 (WA), sections 12, 16, 17 and 22;
	(f)	Criminal Assets Confiscation Act 1996 (SA), section 9;
	(g)	Crime (Confiscation of Profits) Act 1993 (Tas), section 21;
	(h)	Criminal Property Forfeiture Act 2002 (NT), sections 71, 75, 76 and 81.
	(2)	The following corresponding law orders are also prescribed:
	(a)	an order consenting to the making of an order prescribed under subregulation (1);
	(b)	an order varying an order prescribed under subregulation (1).

Part 3	Miscellaneous
10	Police officer to give DPP notice of proposal to restrain property
	(1)	If a police officer proposes that property should be restrained under the Act, a police officer must give the director of public prosecutions written notice of—
	(a)	the property to which the proposal relates; and
	(b)	the name and address of anyone whom the police officer believes has an interest in the property.
Note	If a form is approved under the Act, s 259 (Approved forms) for a notice, the form must be used.
	(2)	The notice may include any other information the police officer considers appropriate. 
	(3)	A failure by a police officer to comply with this regulation does not invalidate an application for a restraining order under the Act.
11	Other narcotic substances—Act, s 90, def narcotic substance
The substances mentioned in schedule 1 are prescribed.
12	Confiscated assets trust fund—public trustee’s annual management fee—Act, s 132 (1) (d)
The annual fee is 1.1% of the amount paid into the trust fund each financial year.

Schedule 1	Other narcotic substances
    
(see reg 11)

column 1
item	column 2
substance	
1	1.4 Butandiol	
2	2,5-Dimethoxy-4-Methyl Amphetamine	
3	3-Methylfentanyl 	
4	Acetorphine 	
3	3-Methylfentanyl 	
4	Acetorphine 	
5	Alphamethyl	
6	Amphetamine	
7	Benzylmorphine	
8	Cannabis	
9	Cocaine	
10	Codeine 	
11	Dexamphetamine	
12	Diacetylmorphine (Heroin)	
13	Dihydromorphine 	
14	DMA (2,5-Dimethoxyamphetamine)	
15	DOET (2,5-Dimethoxy-4-Ethyl Amphetamine)	
16	Ethylmorphine 	
17	Fentanyl 	
18	Hydroxy Amphetamine 	
19	Ketamine	
20	Lysergide (LSD)	
21	MBDB (N-Methyl-3,4-Methylenedioxyphenyl-2-Butanamine)	
22	MDA (3,4-Methylene Dioxy Amphetamine)	
23	MDMA (Ecstasy) (3,4-Methylene Dioxymethamphetamine)	
24	Methadone 	
25	Methamphetamine	
26	Methaqualone 	
27	Methyl Amphetamine	
28	Morphine 	
29	Nexus (4-Bromo-2,5-Dimethoxyphenethylamine)	
30	Opium	
31	PCP (Phencycladine),(1-(1-Phenylcyclohexyl)Piperadine)	
32	Pethidine	
33	Racemate	

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	RI = reissue	
LR = legislation register	s = section/subsection	
LRA = Legislation (Republication) Act 1996	sch = schedule	
mod = modified / modification	sdiv = subdivision	
No = number	sub = substituted	
num = numbered	SL = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	
3	Legislation history
Confiscation of Criminal Assets Regulations 2003 SL2003-25
notified LR 14 August 2003
reg 1, reg 2 commenced 14 August 2003 (LA s 75 (1))
remainder commenced 15 August 2003 (s 2 and see Confiscation of Criminal Assets Act 2003 A2003-8, s 2 and CN2003-7)
4	Amendment history
Commencement
s 2	om LA s 89 (4)

©  Australian Capital Territory 2003