Commonwealth Numbered Regulations - Explanatory Statements

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PROCEEDS OF CRIME REGULATIONS (AMENDMENT) 1996 NO. 267

Statutory Rules 1996 No. 267

Issued By the Authority of the Attorney-General and Minister for Justice

Proceeds of Crime Act 1987

Proceeds of Crime Regulations (Amendment)

Background

Section 104 of the Proceeds of Crime Act 1987 provides that the Governor-General may make regulations for the purposes of the Act.

The Proceeds of Crime Regulations (Amendment) amends the regulations to provide for an increase in the remuneration payable for services performed by the Official Trustee under the Proceeds of Crime Act 1987. That increase is made to keep the remuneration payable for services performed by the Official Trustee in line with increases for services performed by the Official Trustee under the Bankruptcy Regulations.

The Amendments

Regulation 1 is a procedural clause providing for commencement. The regulations commenced on the date of commencement of Schedule 1 to the Bankruptcy Legislation Amendment Act 1996.

Regulation 2 is a procedural clause.

Regulation 3 amends regulation 8 of the Proceeds of Crime Regulations by substituting the fees for the Official Trustee under paragraph 16.07(8)(c), (d) and (e) as appropriate, of the Bankruptcy Regulations, for the existing fee structure of the Official Trustee under the Proceeds of Crime Regulations. The amendment re-equates the remuneration of the Official Trustee under the Proceeds of Crime Regulations by reference to the Bankruptcy Regulations, removing the need to maintain two identical but separate regulations prescribing the Official Trustee's remuneration.

The existing and increased remuneration based on the rate per hour or part thereof is set out in the following table:

	Existing Hourly Rate	New Hourly Rate
SES Officer	$200	$240
Senior Officer	$135	$155
Admin. Services Officer	$100	$130

The Regulations commenced on the date of commencement of Schedule 1 to the Bankruptcy Legislation Amendment Act 1996.