Commonwealth Numbered Regulations - Explanatory Statements

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PROCEEDS OF CRIME REGULATIONS (AMENDMENT) 1997 NO. 240

EXPLANATORY STATEMENT

STATUTORY RULES 1997 No. 240

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

Proceeds of Crime Act 1987

Proceeds of Crime Regulations (Amendment)

Background

The Proceeds of Crime Regulations (the regulations) contain references to corresponding State forfeiture legislation, including references to the Crimes (Confiscation of Profits) Act 1986 (South Australia). That statute was recently repealed and replaced by the Criminal Assets Confiscation Act, 1996 (South Australia), which commenced on 7 July 1997. Consequential amendment of the regulations is therefore necessary.

The Proposed Amendments

Regulation 1 is a formal clause Providing for amendment of the regulations.

Definition of "corresponding law",

Regulation 2 deletes existing paragraph 3(e) and replaces it with a reference to the Criminal Assets Confiscation Act 1996 (South Australia).

Definition of "interstate forfeiture order"

Regulation 3 deletes existing paragraph 4(e) and replaces it with a reference to forfeiture orders under sections 8 or 9 of the Criminal Assets Confiscation Act 1996 (South Australia).

Definition of "interstate pecuniary penalty order"

Regulation 4 inserts a reference to pecuniary penalty orders, under paragraph 9(4)(b) of the Criminal Assets Confiscation Act 1996 (South Australia). (There is no, reference 'to the former South Australian statute that needs

to be deleted as the former statute did not make express provision for pecuniary penalties),.

Definition "interstate restraining order"

Regulation 5 deletes existing paragraph 6(e) of the regulations and replaces it with a reference to restraining orders under section 15 of the Criminal Assets Confiscation Act 1996 (South Australia).

The regulations commenced upon gazettal.


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