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FAMILY LAW AMENDMENT REGULATION 2012 (NO. 3) (SLI NO 211 OF 2012) - SCHEDULE 1

Amendments commencing on day after registration

(section 3)

 

[1]           Regulation 12BC, table, item 2A

substitute

2A

Relationships Act 2011 (Qld)

A relationship as a couple between 2 adults who meet the eligibility criteria mentioned in section 5 of that Act for entry into a registered relationship

[2]           Regulation 15AB, item 2A

omit

Civil Partnerships

insert

Relationships

[3]           After regulation 17

insert

17A          Declaration--definition of forfeiture order

                Each kind of order declared by regulation 5 of the Proceeds of Crime Regulations 2002 to be within the definition of interstate forfeiture order in section 338 of the Proceeds of Crime Act 2002 is declared to be a forfeiture order for the purposes of paragraph (b) of the definition of forfeiture order in subsection 4 (1) of the Act.

17B          Declaration--definition of restraining order

                Each kind of order declared by regulation 7 of the Proceeds of Crime Regulations 2002 to be within the definition of interstate restraining order in section 338 of the Proceeds of Crime Act 2002 is declared to be a restraining order for the purposes of paragraph (b) of the definition of restraining order in subsection 4 (1) of the Act.

17C          Definition of State or Territory proceeds of crime law

                Each law declared by regulation 4 of the Proceeds of Crime Regulations 2002 to be a law that corresponds to the Proceeds of Crime Act 2002 is, for the definition of State or Territory proceeds of crime law in subsection 4 (1) of the Act, declared to be a law that corresponds to the Proceeds of Crime Act 2002 .

17D          Definition of proceeds of crime authority

Forfeiture orders

         (1)   For subsection 4C (4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority , in relation to a forfeiture order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 of New South Wales

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 of New South Wales

3

The DPP, within the meaning of the Confiscation Act 1997 of Victoria

4

An appropriate officer, within the meaning of the Confiscation Act 1997 of Victoria

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37 (1) of the Confiscation Act 1997 of Victoria

6

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 of Queensland

7

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 of Queensland, for the purposes of subparagraph 12 (1) (a) (ii) of that Act

8

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 of Queensland

9

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 of Western Australia

10

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 of South Australia

11

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 of Tasmania

12

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory

13

The DPP, within the meaning of the Criminal Property Forfeiture Act of the Northern Territory

14

A police officer, within the meaning of the Criminal Property Forfeiture Act of the Northern Territory

Restraining Orders

         (2)   For subsection 4C (4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority , in relation to a restraining order, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 of New South Wales

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 of New South Wales

3

An authorised officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 of New South Wales

4

The DPP, within the meaning of the Confiscation Act 1997 of Victoria

5

An appropriate officer, within the meaning of the Confiscation Act 1997 of Victoria

6

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 16 (2) of the Confiscation Act 1997 of Victoria

7

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 36K (1) of the Confiscation Act 1997 of Victoria

8

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 of Queensland

9

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 of Queensland, for the purposes of subparagraph 12 (1) (a) (ii) of that Act

10

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 of Queensland

11

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 of Western Australia

12

A police officer, within the meaning of the Criminal Property Confiscation Act 2000 of Western Australia

13

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 of South Australia

14

An authorised officer, within the meaning of the Criminal Assets Confiscation Act 2005 of South Australia

15

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 of Tasmania

16

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory

17

The DPP, within the meaning of the Criminal Property Forfeiture Act of the Northern Territory

18

A police officer, within the meaning of the Criminal Property Forfeiture Act of the Northern Territory

Forfeiture applications

         (3)   For subsection 4C (4) of the Act, each person or body mentioned in an item of the following table is prescribed to be a proceeds of crime authority , in relation to a forfeiture application, for sections 79B, 79C, 79D, 79E, 90M, 90N, 90P, 90Q, 90VA, 90VB, 90VC and 90VD of the Act.

Item

Person or body

1

The Commission, within the meaning of the Criminal Assets Recovery Act 1990 of New South Wales

2

An appropriate officer, within the meaning of the Confiscation of Proceeds of Crime Act 1989 of New South Wales

3

The DPP, within the meaning of the Confiscation Act 1997 of Victoria

4

An appropriate officer, within the meaning of the Confiscation Act 1997 of Victoria

5

A prescribed person, or a person belonging to a prescribed class of persons, for the purposes of subsection 37 (1) of the Confiscation Act 1997 of Victoria

6

The commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 of Queensland

7

A police officer approved by the commission, within the meaning of the Criminal Proceeds Confiscation Act 2002 of Queensland, for the purposes of subparagraph 12 (1) (a) (ii) of that Act

8

An appropriate officer, within the meaning of the Criminal Proceeds Confiscation Act 2002 of Queensland

9

The DPP, within the meaning of the Criminal Property Confiscation Act 2000 of Western Australia

10

The DPP, within the meaning of the Criminal Assets Confiscation Act 2005 of South Australia

11

An authorized officer, within the meaning of the Crime (Confiscation of Profits) Act 1993 of Tasmania

12

The DPP, within the meaning of the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory

13

The DPP, within the meaning of the Criminal Property Forfeiture Act of the Northern Territory

14

A police officer, within the meaning of the Criminal Property Forfeiture Act of the Northern Territory

[4]           Subregulation 39BB (2)

omit

(Cocos) Keeling

insert

Cocos (Keeling)

[5]           Paragraph 39BB (2) (g)

omit

[6]           Paragraphs 39BB (2) (h) and (i)

reletter as paragraphs 39BB (2) (g) and (h) respectively

[7]           Subregulation 39BB (3)

substitute

         (3)   However, paragraph (2) (g) applies only so far as proceedings under paragraph 93A (1) (aa) of the Act relate to appeals under subsection 94AAA (1) of the Act.



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