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CONFISCATION ACT 1997 - SECT 194

Transitional provision—Major Crime and Community Safety Legislation Amendment Act 2022

    (1)     In this section—

"amending Act"   means the Major Crime and Community Safety Legislation Amendment Act 2022 .

    (2)     This Act, as amended by Division 1 of Part 2 of the amending Act, applies to an application for a freezing order that is made on or after the commencement of that Division irrespective of whether the offence to which the application relates is alleged to have been committed before, on or after that commencement.

    (3)     This Act, as amended by Division 3 of Part 2 of the amending Act, applies only to an application for an exclusion order that is made on or after the commencement of that Division irrespective of when the restraining order to which the application relates was made or the property to which the application relates was forfeited (as the case may be).

    (4)     This Act, as amended by sections 34 and 35 of the amending Act, applies with respect to an interest in land that becomes subject to a charge on land before, on or after the commencement of sections 34 and 35 of the amending Act.

    (5)     This Act, as amended by Division 8 of Part 2 (other than section 44) of the amending Act, applies only with respect to an application for an examination order or a production order that is made on or after the commencement of that Division irrespective of—

        (a)     whether the offence to which the application relates is alleged to have been committed before, on or after that commencement; or

        (b)     when the pecuniary penalty order, compensation or restitution order was made.

    (6)     Section 15, as amended by section 47 of the amending Act, applies to a restraining order that is made on or after the commencement of that section of the amending Act

        (a)     to satisfy a pecuniary penalty order, irrespective of whether the pecuniary penalty order was made before or is made on or after that commencement; and

        (b)     to satisfy any order for restitution or compensation under the Sentencing Act 1991 , irrespective of whether the order was made before or is made on or after that commencement.

    (7)     Section 31, as amended by section 54 of the amending Act, applies to a compensation order that is made on or after 16 October 2020.

    (8)     Section 33, as amended by section 22 of the amending Act, applies only with respect to an application that is made on or after the commencement of section 22 of the amending Act irrespective of whether the offence to which the application relates is alleged to have been committed before, on or after that commencement.

    (9)     Section 45A, as amended by section 23 of the amending Act, applies to an application that is made before, on or after the commencement of section 23 of the amending Act.

    (10)     Sections 15A(2)(ca), 27(11) and 27A, as inserted by Division 9 of Part 2 of the amending Act apply to a restraining order irrespective of when the order was made.

    (11)     Sections 28(1) and 28A, as amended by Division 9 of Part 2 of the amending Act, applies only to a restraining order that is made on or after the commencement of Division 9 irrespective of whether the offence to which the order relates is alleged to have been committed before, on or after that commencement.

    (12)     Section 24 as amended by section 58 of the amending Act applies to any restraining order in effect irrespective of when the order is made.

    (13)     Section 27 as amended by section 59 of the amending Act applies to any restraining order in effect irrespective of when the order is made.

    (14)     Section 31G as amended by section 60 of the amending Act applies only to a freezing order that is made on after the commencement of section 60.

    (15)     Section 97H, as amended by section 63 of the amending Act, applies only to a warrant issued on or after the commencement of section 63.

    (16)     Section 97T, as amended by section 64 of the amending Act, applies only to a warrant issued on or after the commencement of section 64.

    (17)     Sections 80A and 80B apply only with respect to a search warrant that is issued on or after the commencement of section 12 of the amending Act irrespective of when—

        (a)     the offence to which the warrant relates is suspected to have been committed; or

        (b)     the offence to which the tainted property relates is alleged to have been committed; or

        (c)     the property to which the warrant relates is forfeited.

    (18)     Section 88, as amended by section 13 of the amending Act, applies only with respect to a seizure warrant that was issued on or after the commencement of section 13 of the amending Act.

    (19)     Section 92A, as inserted by section 14 of the amending Act, applies only with respect to a search warrant that is issued on or after the commencement of section 14 of the amending Act irrespective of when the offence to which the warrant relates is suspected to have been committed.

    (20)     Section 118D, as amended by section 44 of the amending Act, applies only to notices issued on or after the commencement of section 44 of the amending Act.

    (21)     The amendments made to Schedule 2 by section 69 of the amending Act apply only with respect to an offence alleged to have been committed on or after the commencement of section 69 of the amending Act.

    (22)     For the purposes of subsection (21), if an offence is alleged to have been committed between two dates, one before and one on or after the commencement of section 69 of the amending Act, the offence is alleged to have been committed before that commencement.

Sch. 1 (Heading) substituted by No. 87/2004 s. 22(2)(x).



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