Victorian Current Acts Victorian Current ActsNo. 108 of 1997
Version incorporating amendments as at
20 March 2025
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Version No. 098
No. 108 of 1997
Version incorporating amendments as at
20 March 2025
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 13 November 1997
Legislative Council: 4 December 1997
The long title for the Bill for this Act was "A Bill to provide for the forfeiture of the proceeds of crime and other property in certain circumstances, to amend the Sentencing Act 1991, to repeal the Crimes (Confiscation of Profits) Act 1986 and for other purposes."
Constitution Act 1975:
Section 85(5) statement:
Legislative Assembly: 13 November 1997
Legislative Council: 4 December 1997
Absolute majorities:
Legislative Assembly: 3 December 1997
Legislative Council: 10 December 1997
The Confiscation Act 1997 was assented to on 23 December 1997 and came into operation as follows:
Part 1 (sections 1–13) on 23 December 1997: section 2(1); rest of Act on 1 July 1998: Government Gazette 25 June 1998 page 1561.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other
material printed after the Endnotes does not form part of an Act.
See
section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Confiscation Act 1997 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Miscellaneous Acts (Omnibus No. 1) Act 1998, No. 43/1998
|
Assent Date: |
26.5.98 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Act 1998, No. 60/1998
|
Assent Date: |
27.10.98 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Crimes, Confiscation and Evidence Acts (Amendment) Act 1998, No. 80/1998
|
Assent Date: |
13.11.98 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Transfer of Land (Single Register) Act 1998, No. 85/1998
|
Assent Date: |
17.11.98 |
|
Commencement Date: |
S. 24(Sch. item 11) on 1.1.99: s. 2(3) |
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Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Prostitution Control (Amendment) Act 1999, No. 44/1999
|
Assent Date: |
8.6.99 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Victims of Crime Assistance (Amendment) Act 2000, No. 54/2000
|
Assent Date: |
12.9.00 |
|
Commencement Date: |
S. 25(2) on 1.1.01: s. 2(2) |
|
Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Statute Law Revision Act 2000, No. 74/2000
|
Assent Date: |
21.11.00 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001
|
Assent Date: |
8.5.01 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Corporations (Consequential Amendments) Act 2001, No. 44/2001
|
Assent Date: |
27.6.01 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Drugs, Poisons and Controlled Substances (Amendment) Act 2001, No. 61/2001
|
Assent Date: |
23.10.01 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Criminal Justice Legislation (Miscellaneous Amendments) Act 2002, No. 35/2002
|
Assent Date: |
18.6.02 |
|
Commencement Date: |
S. 28(Sch. item 2) on 19.6.02: s. 2(1) |
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Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Confiscation (Amendment) Act 2003, No. 63/2003
|
Assent Date: |
30.9.03 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Crimes (Money Laundering) Act 2003, No. 104/2003
|
Assent Date: |
9.12.03 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Fisheries (Further Amendment) Act 2003, No. 108/2003
|
Assent Date: |
9.12.03 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Gambling Regulation Act 2003, No. 114/2003
|
Assent Date: |
16.12.03 |
|
Commencement Date: |
S. 12.1.3(Sch. 6 item 3) on 1.7.04: Government Gazette 1.7.04 p. 1843 |
|
Current State: |
This information relates only to the provision/s amending the Confiscation 1997 |
Racing and Gaming Acts (Amendment) Act 2004, No. 45/2004
|
Assent Date: |
16.6.04 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Sustainable Forests (Timber) Act 2004, No. 48/2004
|
Assent Date: |
16.6.04 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Primary Industries Legislation (Further Miscellaneous Amendments) Act 2004, No. 69/2004
|
Assent Date: |
19.10.04 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Major Crime Legislation (Seizure of Assets) Act 2004, No. 87/2004
|
Assent Date: |
23.11.04 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Public Administration Act 2004, No. 108/2004
|
Assent Date: |
21.12.04 |
|
Commencement Date: |
S. 117(1)(Sch. 3 item 38) on 5.4.05: Government Gazette 31.3.05 p. 602 |
|
Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Act 2005, No. 6/2005
|
Assent Date: |
27.4.05 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Legal Profession (Consequential Amendments) Act 2005, No. 18/2005
|
Assent Date: |
24.5.05 |
|
Commencement Date: |
S. 18(Sch. 1 item 17) on 12.12.05: Government Gazette 1.12.05 p. 2781 |
|
Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Aboriginal Heritage Act 2006, No. 16/2006
|
Assent Date: |
9.5.06 |
|
Commencement Date: |
S. 198(Sch. 2 item 2) on 28.5.07: Government Gazette 24.5.07 p. 921 |
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Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Justice Legislation (Further Amendment) Act 2006, No. 79/2006
|
Assent Date: |
10.10.06 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Drugs, Poisons and Controlled Substances Amendment (Repeal of Part X) Act 2007, No. 10/2007
|
Assent Date: |
8.5.07 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Confiscation Amendment Act 2007, No. 42/2007
|
Assent Date: |
25.9.07 |
|
Commencement Date: |
26.9.07: s. 2 |
|
Current State: |
All of Act in operation |
Relationships Act 2008, No. 12/2008
|
Assent Date: |
15.4.08 |
|
Commencement Date: |
S. 73(1)(Sch. 1 item 7) on 1.12.08: s. 2(2) |
|
Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Police Integrity Act 2008, No. 34/2008
|
Assent Date: |
1.7.08 |
|
Commencement Date: |
S. 143(Sch. 2 item 2) on 5.12.08: Special Gazette (No. 340) 4.12.08 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Racing Legislation Amendment (Racing Integrity Assurance)
Act 2009,
No. 52/2009
|
Assent Date: |
8.9.09 |
|
Commencement Date: |
S. 17 on 15.10.09: Government Gazette 15.10.09 p. 2637 |
|
Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009
|
Assent Date: |
24.11.09 |
|
Commencement Date: |
S. 97(Sch. item 23) on 1.1.10: Government Gazette 10.12.09 p. 3215 |
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Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009
|
Assent Date: |
24.11.09 |
|
Commencement Date: |
S. 54(Sch. Pt 1 item 9) on 1.1.10: s. 2(2) |
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Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Gambling Regulation Amendment (Licensing) Act 2010, No. 56/2010
|
Assent Date: |
14.9.10 |
|
Commencement Date: |
S. 73 on 15.9.10: Special Gazette (No. 372) 14.9.10 p. 1 |
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Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Consumer Affairs Legislation (Reform) Act 2010, No. 63/2010
|
Assent Date: |
28.9.10 |
|
Commencement Date: |
S. 81(Sch. item 2) on 1.11.10: s. 2(2) |
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Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Confiscation Amendment Act 2010, No. 68/2010 (as amended by Nos 73/2011, 81/2011)
|
Assent Date: |
12.10.10 |
|
Commencement Date: |
Ss 4(1)(3), 5, 7, 14(1)(3), 15, 20–23, 28, 30, 32, 33, 67–69 on 1.11.10: Government Gazette 28.10.10 p. 2583; ss 9–11 never proclaimed, repealed by No. 73/2011 s. 20; ss 4(2)(4), 6, 8, 12, 13, 14(2), 16–19, 24–27, 29, 31, 34–66 on 1.4.12: s. 2(2) |
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Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Personal Property Securities (Statute Law Revision and Implementation) Act 2010, No. 74/2010
|
Assent Date: |
19.10.10 |
|
Commencement Date: |
S. 37(Sch. item 1) on 30.1.12: Special Gazette (No. 423) 21.12.11 p. 3 |
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Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Statute Law Revision Act 2011, No. 29/2011
|
Assent Date: |
21.6.11 |
|
Commencement Date: |
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Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Sex Work and Other Acts Amendment Act 2011, No. 73/2011
|
Assent Date: |
6.12.11 |
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Commencement Date: |
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|
Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Domestic Animals Amendment (Puppy Farm Enforcement and Other Matters) Act 2011, No. 75/2011
|
Assent Date: |
13.12.11 |
|
Commencement Date: |
S. 27 on 1.1.12: Special Gazette (No. 423) 21.12.11 p. 2 |
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Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Associations Incorporation Reform Act 2012, No. 20/2012
|
Assent Date: |
1.5.12 |
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Commencement Date: |
S. 226(Sch. 5 item 5) on 26.11.12: Special Gazette (No. 384) 20.11.12 p. 1 |
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Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012
|
Assent Date: |
18.12.12 |
|
Commencement Date: |
Ss 156, 157 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2 |
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Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Justice Legislation Amendment (Miscellaneous) Act 2013, No. 77/2013
|
Assent Date: |
17.12.13 |
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Commencement Date: |
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|
Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Legal Profession Uniform Law Application Act 2014, No. 17/2014
|
Assent Date: |
25.3.14 |
|
Commencement Date: |
S. 160(Sch. 2 item 17) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 |
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Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014
|
Assent Date: |
3.6.14 |
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Commencement Date: |
S. 10(Sch. item 25) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |
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Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Criminal Organisations Control and Other Acts Amendment Act 2014, No. 55/2014
|
Assent Date: |
26.8.14 |
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Commencement Date: |
Ss 3–16, 54–59 on 27.8.14: s. 2(1); ss 17–47 on 1.10.14: Special Gazette (No. 330) 23.9.14 p. 1 |
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Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Gambling and Liquor Legislation Amendment (Modernisation) Act 2014, No. 56/2014
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Assent Date: |
26.8.14 |
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Commencement Date: |
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Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Justice Legislation Amendment (Confiscation and Other Matters) Act 2014, No. 79/2014
|
Assent Date: |
21.10.14 |
|
Commencement Date: |
S. 61(1) on 1.11.14: s. 2(4); s. 61(2) on 1.11.14: s. 2(5); ss 3–42, 45–47 on 2.11.14: Special Gazette (No. 400) 29.10.14 p. 2; ss 43, 44 on 1.7.15: s. 2(7) |
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Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Justice Legislation Amendment Act 2015, No. 20/2015
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Assent Date: |
16.6.15 |
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Commencement Date: |
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Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Crimes Amendment (Child Pornography and Other Matters) Act 2015, No. 42/2015
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Assent Date: |
22.9.15 |
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Commencement Date: |
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Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Drugs, Poisons and Controlled Substances Amendment Act 2016, No. 2/2016
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Assent Date: |
16.2.16 |
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Commencement Date: |
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Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Confiscation and Other Matters Amendment Act 2016, No. 27/2016
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Assent Date: |
31.5.16 |
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Commencement Date: |
Ss 4–6, 9, 13–16, 18, 26 on 1.6.16: s. 2(1); ss 3, 7, 8, 10–12, 17, 19–25 on 1.9.16: Special Gazette (No. 270) 30.8.16 p. 1 |
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Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Crimes Amendment (Sexual Offences) Act 2016, No. 47/2016
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Assent Date: |
6.9.16 |
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Commencement Date: |
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Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Family Violence Protection Amendment (Information Sharing) Act 2017, No. 23/2017
|
Assent Date: |
14.6.17 |
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Commencement Date: |
S. 34 on 26.2.18: Special Gazette (No. 40) 6.2.18 p. 1 |
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Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017, No. 38/2017
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Assent Date: |
29.8.17 |
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Commencement Date: |
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Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Drugs, Poisons and Controlled Substances Miscellaneous Amendment Act 2017, No. 40/2017
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Assent Date: |
12.9.17 |
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Commencement Date: |
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Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Oaths and Affirmations Act 2018, No. 6/2018
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Assent Date: |
27.2.18 |
|
Commencement Date: |
S. 68(Sch. 2 item 26) on 1.3.19: s. 2(2) |
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Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018, No. 33/2018
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Assent Date: |
14.8.18 |
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Commencement Date: |
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|
Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Justice Legislation Amendment (Police and Other Matters) Act 2019, No. 3/2019
|
Assent Date: |
13.3.19 |
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Commencement Date: |
Ss 20, 81–83 on 5.6.19: Special Gazette (No. 215) 4.6.19 p. 1; ss 28, 29 on 1.12.19: s. 2(3) |
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Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Flora and Fauna Guarantee Amendment Act 2019, No. 28/2019
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Assent Date: |
10.9.19 |
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Commencement Date: |
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Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Primary Industries Legislation Amendment Act 2019, No. 40/2019
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Assent Date: |
6.11.19 |
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Commencement Date: |
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|
Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Water and Catchment Legislation Amendment Act 2021, No. 48/2021 (as amended by No. 10/2023)
|
Assent Date: |
3.11.21 |
|
Commencement Date: |
S. 139 on 20.11.23: Special Gazette (No. 564) 24.10.23 p. 1 |
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Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Sex Work Decriminalisation Act 2022, No. 7/2022 (as amended by No. 44/2022)
|
Assent Date: |
1.3.22 |
|
Commencement Date: |
Ss 63–65 on 1.12.23: s. 2(3) |
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Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022, No. 38/2022
|
Assent Date: |
6.9.22 |
|
Commencement Date: |
S. 25 on 30.7.23: s. 2(5) |
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Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Major Crime and Community Safety Legislation Amendment Act 2022, No. 44/2022
|
Assent Date: |
27.9.22 |
|
Commencement Date: |
Ss 15–23, 47–52, 54–59, 62, 67–71 on 14.11.22: s. 2(2); ss 3–14, 24–46, 53, 60, 61, 63–66 on 1.8.23: s. 2(4) |
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Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
Confiscation Amendment (Unexplained Wealth) Act 2024, No. 26/2024
|
Assent Date: |
6.8.24 |
|
Commencement Date: |
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|
Current State: |
This information relates only to the provision/s amending the Confiscation Act 1997 |
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
3 Explanatory details
[1] Pt 4 (Headings and ss 36H−40B) (as inserted by No. 68/2010 (as amended by No. 73/2011 ss 21−23)):
S. 36Q (repealed prior to commencement): Section 49 of the Confiscation Amendment Act 2010, No. 68/2010 (repealed) initially included section 36Q in the proposed new Part 4 of the Confiscation Act 1997. However, section 21(1) of the Sex Work and Other Acts Amendment Act 2011, No. 73/2011 (repealed) amended section 49 of the Confiscation Amendment Act 2010 , No. 68/2010 (repealed) by repealing section 36Q.
S. 36R(2) (repealed prior to commencement): Section 49 of the Confiscation Amendment Act 2010, No. 68/2010 (repealed) initially included section 36R(2) in the proposed new Part 4 of the Confiscation Act 1997. However, section 21(2)(b) of the Sex Work and Other Acts Amendment Act 2011, No. 73/2011 (repealed) amended section 49 of the Confiscation Amendment Act 2010, No. 68/2010 (repealed) by repealing section 36R(2).
S. 36V(3) (repealed prior to commencement): Section 49 of the Confiscation Amendment Act 2010, No. 68/2010 (repealed) initially included section 36V(3) in the proposed new Part 4 of the Confiscation Act 1997. However, section 22(b) of the Sex Work and Other Acts Amendment Act 2011, No. 73/2011 (repealed) amended section 49 of the Confiscation Amendment Act 2010, No. 68/2010 (repealed) by repealing section 36V(3).
S. 40B(3) (repealed prior to commencement): Section 49 of the Confiscation Amendment Act 2010, No. 68/2010 (repealed) initially included section 40B(3) in the proposed new Part 4 of the Confiscation Act 1997. However, section 23(b) of the Sex Work and Other Acts Amendment Act 2011, No. 73/2011 (repealed) amended section 49 of the Confiscation Amendment Act 2010, No. 68/2010 (repealed) by repealing section 40B(3).