QueenslandCrimes
(Confiscation) Act 1989CRIMES(CONFISCATION)REGULATION1996Reprinted as in force at repeal (1
January 2003)(includes amendments up toSL
No. 38 of 2001)Reprint No. 2BThis reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copy
Information about this reprintThis
regulation is reprinted as at 1 January 2003. The reprint shows the
law as amended byall amendments that commenced on or before
that day (Reprints Act 1992 s 5(c)).The reprint
includes a reference to the law by which each amendment was
made—see listof legislation and list of annotations in
endnotes.This page is specific to this reprint. See
previous reprints for information about earlierchanges made under
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s13s7Crimes (Confiscation) Regulation 1996CRIMES
(CONFISCATION) REGULATION 1996[as amended by
all amendments that commenced on or before 1 January 2003]1Short titleThisregulationmaybecitedastheCrimes(Confiscation)Regulation1996.2CommencementThis regulation
commences on 28 May 1996.3Definitions—the
dictionaryThedictionaryinschedule5definesparticularwordsusedinthisregulation.4Prescribed corresponding lawsThe
laws mentioned in schedule 1 correspond to the Act.5Interstate forfeiture ordersAnorderunderaprovisionmentionedinschedule2iswithinthedefinition “interstate forfeiture order” in
section 4 of the Act.6Interstate
pecuniary penalty ordersAnorderunderaprovisionmentionedinschedule3iswithinthedefinition “interstate pecuniary penalty
order” in section 4 of the Act.7Interstate restraining ordersAnorderunderaprovisionmentionedinschedule4iswithinthedefinition “interstate restraining order” in
section 4 of the Act.
s
84s 10Crimes
(Confiscation) Regulation 19968Prescribed serious offencesAn
offence against any of the following is a serious offence—(a)theRacing and
Betting Act 1980;(b)theVagrants, Gaming and Other Offences Act
1931, section 18Aor 18B.19Magistrates
Courts’ powers to make forfeiture orders andrestraining
orders for real property(1)A Magistrates
Court may make a forfeiture order for real property inconnection with a conviction for an offence
only if it is satisfied that thevalue of the
property (together with the value of all other property
subjecttootherundischargedforfeitureordersmadebythecourtinconnectionwith the
conviction) is not more than the monetary jurisdiction specified
intheMagistrates Courts Act 1921,
section 4(a).2(2)A Magistrates
Court may make a restraining order for real propertyinconnectionwithachargeorconvictionforanoffenceonlyifitissatisfied that the value of the property
(together with the value of all otherproperty subject
to other undischarged forfeiture orders made by the courtin
connection with the charge or conviction) is not more than the
monetaryjurisdiction specified in theMagistrates Courts Act 1921,
section 4(a).10Approved form for application for
search warrant(1)An approved form for an application
under section 59(1) of the Actfor a search
warrant must include provision for the following—(a)the date of the application;(b)the name of the police officer who is
the applicant;(c)the name of the magistrate to whom the
application is made;(d)the information
required to be inserted in the application undersection 59 of the Act;1Vagrants, Gaming and Other Offences Act
1931, sections 18A (Public soliciting forpurposes of prostitution) and 18B
(Advertising prostitution)2Magistrates
Court Act 1921, section 4 (Jurisdiction of Magistrates
Courts)
s
115s 12Crimes
(Confiscation) Regulation 1996(e)the
request for the warrant;(f)swearing the
application as an affidavit.(2)However,subsection(1)(f)doesnotrequiretheapplicationtobesworn as an affidavit.311Approved form for
search warrantAn approved form for a search warrant under
section 57(4)4of the Actmust include
provision for the following—(a)the
name of the magistrate issuing the warrant;(b)the
time when the warrant is issued;(c)the
land or premises for which it is issued;(d)the
police officers authorised under the warrant (whether or notnamed);(e)the
information required to be inserted under section 57(8)5ofthe Act;(f)a statement setting out when the
warrant ceases to have effect;6(g)the signature of the
magistrate.12Approved form for complaint verifying
facts on which searchwarrant was soughtAn approved form
for a complaint mentioned in section 59(5)(g) of theAct
must include provision for the following—(a)particulars of the applicant;(b)particulars of the magistrate who
issued the warrant;(c)the time when the warrant was issued
and to whom it was issued;3The application
must be either sworn as an affidavit or verified before the
magistrateon oath or affirmation. The approved form
under this section will contain sufficientprovisionstoallowtheformtobeusedforverification.SeetheAct,section
59(2)(c).4Section 57 (Search warrant for
location etc. of certain documents and property) ofthe
Act5Section 59 (Application for warrant)
of the Act6See the Act, section 64 for when
search warrants expire.
s
136s 15Crimes
(Confiscation) Regulation 1996(d)the
facts on which the applicant sought the issue of the
warrant;(e)verification under oath.13Approved form for record of
proceedingsAn approved form for a record of proceedings
before a magistrate for theissue of a search
warrant may only include provision for the following—(a)the name of the magistrate;(b)particulars of the warrant issued,
including the time of issue andparticulars of
the applicant;(c)the information mentioned in section
60(1) of the Act;(d)whetheranyonedidordidnotprovideinformationabouttheapplication further to that contained
in any written application,affidavit or
other written document that is on the record;(e)other information the magistrate may wish to
record.14Approved form for report to issuing
magistrate about executionAnapprovedformforareportmentionedinsection65(1)ofthe Actmust include
provision for the following—(a)the
particulars of the police officer making the report;(b)thetimewhenthewarrantwasissuedandthenameofthemagistrate who issued the
warrant;(c)if the warrant was executed—the time
when it was executed;(d)the information
mentioned in section 65(1) of the Act;(e)the
signature of the police officer making the report.15Giving of notices(1)ThisprovisionisinadditiontotheActsInterpretationAct1954,section 39.7(2)A notice in a proceeding under the Act
must be in writing.7Acts Interpretation Act 1954,
section 39 (Service of documents)
s
157s 15Crimes
(Confiscation) Regulation 1996(3)A
notice in a proceeding under the Act must be served at least 2
cleardays before the proceeding unless the Act
provides otherwise or the personto be served
agrees otherwise.(4)If a notice in a proceeding under the
Act is to be served on a personin the person’s
capacity as member of the Queensland Police Service, thenotice may be served by giving it to the
commissioner of the police service.(5)This
section does not prevent a legal representative of a party to
aproceeding accepting service of a notice in
the proceeding.
8Crimes (Confiscation) Regulation
1996SCHEDULE 1CORRESPONDING
LAWS1.The Australian Capital Territory
Act.2.The New South Wales 1989 Act.3.The New South Wales 1990 Act.4.The Northern Territory Act.5.The South Australian Act.6.The Tasmanian Act.7.The
Victorian 1986 Act.8.The Victorian 1997 Act.9.The Western Australian 1988
Act.10.The Western Australian 2000
Act.section 4
9Crimes (Confiscation) Regulation
1996SCHEDULE 2INTERSTATE
FORFEITURE ORDERSsection 51.The
Australian Capital Territory Act, section 19.2.The
New South Wales 1989 Act, section 18.3.The
New South Wales 1990 Act, section 22.4.The
Northern Territory Act, section 5.5.The
South Australian Act, section 8 or 9(4)(a).6.The
Tasmanian Act, section 16.7.The Victorian
1986 Act, section 7.8.The Victorian 1997 Act, sections 33
and 38.9.The Western Australian 1988 Act,
section 10.10.The Western Australian 2000 Act,
sections 22, 28 and 30.
10Crimes (Confiscation) Regulation
1996SCHEDULE 3INTERSTATE
PECUNIARY PENALTY ORDERSsection 61.The
Australian Capital Territory Act, section 25.2.The
New South Wales 1989 Act, sections 24 and 29.3.The
New South Wales 1990 Act, section 27.4.The
Northern Territory Act, section 10.5.The
South Australian Act, section 9(4)(b).6.The
Tasmanian Act, section 21.7.The Victorian
1986 Act, section 12.8.The Victorian
1997 Act, sections 59 and 64.9.The
Western Australian 1988 Act, section 15.10.The
Western Australian 2000 Act, sections 12, 16, 17 and
22.
11Crimes (Confiscation) Regulation
1996SCHEDULE 4INTERSTATE
RESTRAINING ORDERS1.The Australian Capital Territory Act,
section 45.2.The New South Wales 1989 Act, section
43.3.The New South Wales 1990 Act, section
10.4.The Northern Territory Act, section
14.5.The South Australian Act, section
15.6.The Tasmanian Act, section 26.7.The Victorian 1986 Act, section
16.8.The Victorian 1997 Act, section
14.9.The Western Australian 1988 Act,
section 20.10.The Western Australian 2000 Act,
section 43.section 7
12Crimes (Confiscation) Regulation
1996SCHEDULE 5DICTIONARYsection 3“the
Australian Capital Territory Act”means theProceeds of Crime Act1991(ACT).“the New South
Wales 1989 Act”means theConfiscation of
Proceeds ofCrime Act 1989(NSW).“the
New South Wales 1990 Act”means theCriminalAssetsRecoveryAct
1990(NSW).“the Northern
Territory Act”means theCrimes
(Forfeiture of Proceeds)Act(NT).“the
South Australian Act”means theCriminal Assets
Confiscation Act1996(SA).“the
Tasmanian Act”means theCrime
(Confiscation of Profits) Act 1993(Tas).“the
Victorian 1986 Act”means theCrimes
(Confiscation of Profits) Act1986(Vic).“the Victorian
1997 Act”means theConfiscation Act
1997(Vic).“the Western
Australian 1988 Act”means theCrimes(ConfiscationofProfits) Act 1988(WA).“theWesternAustralian2000Act”meanstheCriminalPropertyConfiscation Act 2000(WA).
14Crimes (Confiscation) Regulation
19964Table of reprintsReprints are
issued for both future and past effective dates.For
the most up-to-date tableof reprints, see the latest
reprint.Ifareprintnumberincludesaletterofthealphabet,thereprintwasreleasedinunauthorised, electronic form only.TABLE
OF REPRINTSReprintNo.11A22AAmendments includednoneto SL No. 302 of 1997to SL
No. 267 of 1998to SL No. 38 of 2001Effective28
May 199619 September 19972 October
19984 May 20012Bto SL
No. 38 of 20011 January 2003Reprint
date29 May 199614 November
199720 November 199822 February
2002(Column discontinued)Notes5List of legislationCrimes
(Confiscation) Regulation 1996 SL No. 89made by the
Governor in Council on 9 May 1996notfd gaz 10 May
1996 pp 533–4ss 1–2 commenced on date of
notificationremaining provisions commenced 28 May 1996
(see s 2)lap 1 January 2003 (2002 No. 68 s
282)amending legislation—Crimes
(Confiscation) Amendment Regulation (No. 1) 1997 SL No. 302notfd
gaz 19 September 1997 pp 262–3commenced on date
of notificationCrimes (Confiscation) Amendment Regulation
(No. 1) 1998 SL No. 267notfd gaz 2 October 1998 pp
408–9commenced on date of notificationCrimes
(Confiscation) Amendment Regulation (No. 1) 2001 SL No. 38notfd
gaz 4 May 2001 pp 69–70commenced on date of
notification6List of annotationsRepeals 16om R1
(see RA s 40)SCHEDULE 1—CORRESPONDING LAWSamd
1998 SL No. 267 s 3; 2001 SL No. 38 s 3
