PROCEEDS OF CRIME REGULATIONS 2002 (REPEALED)

PART 1 - PRELIMINARY  

REGULATION 5  

5   Declaration - definition of interstate forfeiture order  
For the definition of interstate forfeiture order in section 338 of the Act, each of the following kinds of order is declared to be within that definition:


(a) assets forfeiture order under section 22 of the Criminal Assets Recovery Act 1990 of New South Wales;


(aa) order, under subsection 29(1) of the Criminal Assets Recovery Act 1990 of New South Wales, declaring that an interest in property is available to satisfy a proceeds assessment order or unexplained wealth order;


(ab) assets forfeiture order under subsection 31A(3) of the Criminal Assets Recovery Act 1990 of New South Wales;


(b) forfeiture order under subsection 18(1) of the Confiscation of Proceeds of Crime Act 1989 of New South Wales;


(ba) order, under subsection 32(2) of the Confiscation of Proceeds of Crime Act 1989 of New South Wales, declaring that specified property is available to satisfy a drug proceeds order;


(c) forfeiture order under Division 1 of Part 3, and civil forfeiture order under Part 4, of the Confiscation Act 1997 of Victoria;


(d) (Repealed by SLI No 76 of 2015)


(da) tainted property substitution declaration under subsection 34C(1) of the Confiscation Act 1997 of Victoria;


(db) declaration, under subsection 36(1) of the Confiscation Act 1997 of Victoria, that property has been forfeited under section 35 of that Act;


(dc) tainted property substitution declaration under section 36F(1) of the Confiscation Act 1997 of Victoria;


(dd) declaration, under subsection 36GB(1) of the Confiscation Act 1997 (Vic.), that property has been forfeited under section 36GA of that Act;


(de) declaration, under subsection 40ZB(3) of the Confiscation Act 1997 (Vic.), that property has been forfeited under section 40ZA of that Act;


(e) forfeiture order under subsection 58(1) or 151(1) of the Criminal Proceeds Confiscation Act 2002 of Queensland;


(eaa) serious drug offender confiscation order under section 93ZZB of the Criminal Proceeds Confiscation Act 2002 of Queensland;


(ea) tainted property substitution declaration under subsection 153D(1) of the Criminal Proceeds Confiscation Act 2002 of Queensland;


(f) forfeiture order made under section 8 or 9 of the Criminal Assets Confiscation Act 1996 of South Australia (that is continued in force under item 11 of Schedule 1 of the Criminal Assets Confiscation Act 2005 of South Australia);


(fa) forfeiture order under subsection 47(1) of the Criminal Assets Confiscation Act 2005 of South Australia;


(fb) instrument substitution declaration under section 48 of the Criminal Assets Confiscation Act 2005 of South Australia;


(fc) declaration that particular property has been forfeited under section 77 of the Criminal Assets Confiscation Act 2005 of South Australia;


(g) crime-used property substitution declaration under section 22 of the Criminal Property Confiscation Act 2000 of Western Australia;


(h) declaration of confiscation under section 30 of the Criminal Property Confiscation Act 2000 of Western Australia;


(i) forfeiture order under subsection 10(1) of the Crimes (Confiscation of Profits) Act 1988 of Western Australia that is continued in effect under subsection 7(1) of the Criminal Property Confiscation (Consequential Provisions) Act 2000 of Western Australia;


(ia) confiscable property declaration under subsection 28(1) of the Criminal Property Confiscation Act 2000 of Western Australia;


(j) forfeiture order under section 16 of the Crime (Confiscation of Profits) Act 1993 of Tasmania;


(ja) wealth forfeiture order under section 152 of the Crime (Confiscation of Profits) Act 1993 of Tasmania;


(k) forfeiture order under subsection 54(1), 59(2) or 67(2) of the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory;


(l) crime-used property substitution declaration under subsection 81(2) of the Criminal Property Forfeiture Act of the Northern Territory;


(m) declaration that property specified in an application that is not owned by the respondent is available for forfeiture under subsection 92(1) of the Criminal Property Forfeiture Act of the Northern Territory;


(n) declaration that property has been forfeited under subsection 94(4) of the Criminal Property Forfeiture Act of the Northern Territory;


(o) order that property is forfeit to the Territory under subsection 96(1) or section 97, 99, 100 or 101 of the Criminal Property Forfeiture Act of the Northern Territory.




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.