PROCEEDS OF CRIME REGULATIONS 2002 (REPEALED)

PART 4 - ADMINISTRATION  

Division 4.2 - Confiscated Assets Account  

REGULATION 19   Notice by responsible authority of possible claims under the equitable sharing program  

19(1)    
In this regulation:

property
means money, proceeds or an amount, as the case requires, mentioned in paragraph 296(3)(a), (c), (e), (f), (g), (n), (o) or (p) of the Act.

19(2)    
As soon as practicable after:

(a) a restraining order, or a forfeiture order, in relation to property is made under the Act; or

(b) property is forfeited to the Commonwealth under section 92 of the Act;

the responsible authority must give notice in writing to the Official Trustee if the responsible authority considers that the property is property in respect of which a claim may be made under the equitable sharing program.

19(3)    
If the responsible authority:

(a) applies to a court:

(i) for a pecuniary penalty order under Part 2-4 of the Act; or

(ii) for an order under section 243B of the Customs Act 1901 ; and

(b) considers that a claim may be made under the equitable sharing program in respect of any amount that is, or may be, paid into the Confiscated Assets Account as a result of the order;

the responsible authority must, as soon as practicable after making the application, give notice in writing to the Official Trustee accordingly.

19(4)    
A notice under subregulation (2) or (3) must include:

(a) the name of the claimant State or self-governing Territory; and

(b) the percentage of the property likely to be payable in respect of the claim; and

(c) other brief particulars of the claim.