Commonwealth Numbered Regulations - Explanatory Statements

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PROCEEDS OF CRIME REGULATIONS (AMENDMENT) 1996 NO. 203

STATUTORY RULES 1996 No. 203

Issued By the Authority of the Attorney-General

Proceeds of Crime Act 1987

Proceeds of Crime Regulations (Amendment)

Background

Section 104 of the Proceeds of Crime Act 1987 (the PoC Act) provides that the GovernorGeneral may make regulations for the purposes of the Act.

These regulations prescribe certain particulars for the purposes of sections 98(5) and 98(5A) of the PoC Act, which governs the registration of a pecuniary penalty order in a court.

The Proposed Amendments

Regulation 1 is a procedural clause providing for an amendment of the Proceeds of Crime Regulations (the Regulations).

Regulation 2 inserts new regulations 17 and 18 to the Regulations. New regulation 17 prescribes the particulars that must be contained in the certificate that the registrar of a court must issue for the purposes of paragraph 98(5)(b) of the PoC Act. Where a court makes a pecuniary penalty order and the court does not have jurisdiction for the recovery of debts to the extent of the amount to be paid under the order, the registrar of the court must issue a certificate containing the particulars required by new regulation 17, viz.

(a)       the name of the court that made the pecuniary penalty order;

(b)       the date of the order;

(c)       the amount of money that is to be paid under the order;

(d)       the identity of the person who must pay the amount under the order.

New regulation 18 prescribes the manner in which this certificate may be registered in a court for the purposes of ss 98(5A) of the PoC Act. The certificate would be . registered by filing it in a court that has jurisdiction for the recovery of debts of an amount equal to the amount of the pecuniary penalty order.

The regulations commenced on gazettal.