These Regulations are the Proceeds of Crime Regulations 1987.

In these Regulations, unless the contrary intention appears:

For the purposes of the definition of corresponding law in subsection 4 (1) of the Act, each of the following laws is declared to be a law that corresponds to the Act:

(a)

Criminal Assets Recovery Act 1990 of New South Wales;

(b)

Confiscation of Proceeds of Crime Act 1989 of New South Wales;

(c)

Confiscation Act 1997 of Victoria;

(d)

Crimes (Confiscation of Profits) Act 1989 of Queensland;

(e)

Criminal Assets Confiscation Act 1996 of South Australia;

(f)

Criminal Property Confiscation Act 2000 of Western Australia;

(fa)

Crime (Confiscation of Profits) Act 1993 of Tasmania;

(g)

Crimes (Forfeiture of Proceeds) Act 1988 of the Northern Territory;

(h)

Proceeds of Crime Act 1991 of the Australian Capital Territory.

For the purposes of paragraph (a) of the definition of distributable funds in subsection 4 (1) of the Act, the following moneys paid into the Trust Fund are distributable funds:

(a)

money referred to in paragraph 34B (1) (b) of the Act that is not money referred to in subparagraph 7A (b) (ii);

(b)

money referred to in paragraph (a) of the definition of proceeds of confiscated assets in subsection 4 (1) of the Act;

(c)

money referred to in paragraphs (b) to (o) (inclusive) of the definition of proceeds of confiscated assets in subsection 4 (1) of the Act that is not an amount in respect of which notice has been given to the Official Trustee under subregulation 11 (2) or 12 (2) or (3);

(d)

money referred to in paragraph 34B (1) (f) of the Act;

(e)

money referred to in paragraph 34B (1) (g) of the Act.

For the purposes of the definition of GBE in subsection 4 (1) of the Act, each of the following government business enterprises is prescribed:

(b)

the Australian Industry Development Corporation;

(c)

the Australian National Railways Commission;

(d)

the Australian Postal Corporation;

(e)

ANL Limited;

(f)

the Civil Aviation Authority;

(h)

the Federal Airports Corporation;

(i)

the Health Insurance Commission;

(j)

the Housing Loans Insurance Corporation;

(k)

the Pipeline Authority.

For the purposes of the definition of interstate forfeiture order in subsection 4 (1) of the Act, the following are declared to be within the definition:

(a)

assets forfeiture orders under section 22 of the Criminal Assets Recovery Act 1990 of New South Wales;

(b)

forfeiture orders under subsection 18 (1) of the Confiscation of Proceeds of Crime Act 1989 of New South Wales;

(c)

forfeiture orders under Division 1 of Part 3, and civil forfeiture orders under Part 4, of the Confiscation Act 1997 of Victoria;

(ca)

forfeiture orders under subsection 7 (1) of the Crimes (Confiscation of Profits) Act 1986 of Victoria that are continued in effect under subsection 157 (6) of the Confiscation Act 1997 of Victoria;

(d)

forfeiture orders under subsection 8 (1) of the Crimes (Confiscation of Profits) Act 1989 of Queensland;

(e)

forfeiture orders made under section 8 or 9 of the Criminal Assets Confiscation Act 1996 of South Australia;

(f)

crime-used property substitution declarations under section 22 of the Criminal Property Confiscation Act 2000 of Western Australia;

(faa)

declarations of confiscation under section 30 of the Criminal Property Confiscation Act 2000 of Western Australia;

(fab)

forfeiture orders under subsection 10 (1) of the Crimes (Confiscation of Profits) Act 1988 of Western Australia that are continued in effect under subsection 7 (1) of the Criminal Property Confiscation (Consequential Provisions) Act 2000 of Western Australia;

(fa)

forfeiture orders under section 16 of the Crime (Confiscation of Profits) Act 1993 of Tasmania;

(g)

forfeiture orders under subsection 5 (1) of the Crimes (Forfeiture of Proceeds) Act 1988 of the Northern Territory;

(h)

forfeiture orders under subsection 19 (1) of the Proceeds of Crime Act 1991 of the Australian Capital Territory.

For the purposes of the definition of interstate pecuniary penalty order in subsection 4 (1) of the Act, the following are declared to be within the definition:

(a)

proceeds assessment orders under section 27 of the Criminal Assets Recovery Act 1990 of New South Wales;

(b)

pecuniary penalty orders under subsection 24 (1) of the Confiscation of Proceeds of Crime Act 1989 of New South Wales and drug proceeds orders under subsection 29 (1) of that Act;

(c)

pecuniary penalty orders under Part 8 of the Confiscation Act 1997 of Victoria;

(ca)

pecuniary penalty orders under subsection 12 (1) of the Crimes (Confiscation of Profits) Act 1986 of Victoria that are continued in effect under subsection 157 (6) of the Confiscation Act 1997 of Victoria;

(d)

pecuniary penalty orders under subsection 13 (1) of the Crimes (Confiscation of Profits) Act 1989 of Queensland;

(da)

pecuniary penalty orders under paragraph 9 (4) (b) of the Criminal Assets Confiscation Act 1996 of South Australia;

(e)

unexplained wealth declarations under section 12 of the Criminal Property Confiscation Act 2000 of Western Australia;

(eaa)

criminal benefits declarations under section 16

or 17 of the Criminal Property Confiscation Act 2000 of Western Australia;

(eab)

crime-used property substitution declarations under section 22 of the Criminal Property Confiscation Act 2000 of Western Australia;

(eac)

pecuniary penalty orders under subsection 15 (1) of the Crimes (Confiscation of Profits) Act 1988 of Western Australia that are continued in effect under subsection 7 (1) of the Criminal Property Confiscation (Consequential Provisions) Act 2000 of Western Australia;

(ea)

pecuniary penalty orders under section 21 of the Crime (Confiscation of Profits) Act 1993 of Tasmania;

(f)

pecuniary penalty orders under subsection 10 (1) of the Crimes (Forfeiture of Proceeds) Act 1988 of the Northern Territory;

(g)

pecuniary penalty orders under subsection 25 (1) of the Proceeds of Crime Act 1991 of the Australian Capital Territory.

For the purposes of the definition of interstate restraining order in subsection 4 (1) of the Act, the following are declared to be within the definition:

(a)

restraining orders under section 10 of the Criminal Assets Recovery Act 1990 of New South Wales;

(b)

restraining orders under subsection 43 (2) of the Confiscation of Proceeds of Crime Act 1989 of New South Wales;

(c)

restraining orders under section 18 of the Confiscation Act 1997 of Victoria;

(ca)

restraining orders under subsection 16 (3) of the Crimes (Confiscation of Profits) Act 1986 of Victoria that are continued in effect under subsection 157 (6) of the Confiscation Act 1997 of Victoria;

(d)

restraining orders under subsection 17 (8) of the Crimes (Confiscation of Profits) Act 1989 of Queensland;

(e)

restraining orders under section 15 of the Criminal Assets Confiscation Act 1996 of South Australia;

(f)

freezing notices under section 34 of the Criminal Property Confiscation Act 2000 of Western Australia;

(faa)

freezing orders under section 43 of the Criminal Property Confiscation Act 2000 of Western Australia;

(fab)

restraining orders made under subsection 20 (7) of the Crimes (Confiscation of Profits) Act 1988 of Western Australia that are continued in effect under subsection 7 (1) of the Criminal Property Confiscation (Consequential Provisions) Act 2000 of Western Australia;

(fa)

restraining orders under section 26 of the Crime (Confiscation of Profits) Act 1993 of Tasmania;

(g)

restraining orders under subsection 14 (2) of the Crimes (Forfeiture of Proceeds) Act 1988 of the Northern Territory;

(h)

restraining orders under subsection 45 (2) of the Proceeds of Crime Act 1991 of the Australian Capital Territory.

For the purposes of the definition of narcotic substance in subsection 4 (1) of the Act, each substance, or each substance of a kind, specified in an item in Schedule 1 is declared to be a substance to which the definition applies.

For the purposes of paragraph (a) of the definition of suspended funds in subsection 4 (1) of the Act, the following amounts paid into the Trust Fund are suspended funds:

(a)

if the DPP gives the Official Trustee a copy of a notice referred to in regulation 13 — any amount estimated by the Official Trustee to be equal to the amount payable in accordance with an order:

(i)

referred to in the notice; and

(ii)

that may be made under subsection 21 (6), 31 (6) or 31 (7) of the Act;

(b)

an amount that is:

(i)

referred to in paragraph 34B (1) (b) of the Act; and

(ii)

derived from the enforcement in a foreign country of an interstate forfeiture order or an interstate pecuniary penalty order;

(c)

an amount that is referred to in paragraph 34B (1) (c) of the Act;

(d)

an amount that is referred to in paragraph (p) or (q) of the definition of proceeds of confiscated assets in subsection 4 (1) of the Act, unless the Commonwealth is not obliged to make a payment of that amount for the purposes of subparagraph 34C (1) (a) (ii) of the Act;

(e)

an amount that is referred to in paragraph 34B (1) (e) of the Act;

(f)

an amount in respect of which notice has been given to the Official Trustee under subregulation 11 (2) or 12 (2) or (3).

For subsection 55 (1) of the Act, the amount payable to the Official Trustee for remuneration is as follows:

(a)

for services performed by a person who occupies the position of, or performs the duties of, an officer in the Senior Executive Service of the Australian Public Service — the amount for each hour or part of an hour prescribed in paragraph 16.07C (3) (a) of the Bankruptcy Regulations 1996;

(b)

for services performed by a person who is an Insolvency and Trustee Officer Grade 2, or an equivalent or higher position in the Australian Public Service, not being a position mentioned in paragraph (a) — the amount for each hour or part of an hour prescribed in paragraph 16.07C (3) (b) of the Bankruptcy Regulations 1996;

(c)

for services performed by a person who is an Insolvency and Trustee Officer Grade 1, or an equivalent or lower position in the Australian Public Service — the amount for each hour or part of an hour prescribed in paragraph 16.07C (3) (d) of the Bankruptcy Regulations 1996.

Note   For GST component, see regulation 8A.

In addition to the amount of remuneration mentioned in regulation 8, there is payable to the Official Trustee, because of the goods and services tax attaching to the services performed, an amount equal to 8.4% of the amount worked out in accordance with regulation 8.

Note   The result is the price of the taxable supply within the meaning of the A New Tax System (Goods and Services Tax) Act 1999. The component added by this regulation is equivalent to the amount of goods and services tax that will be payable on the Official Trustee's fees.

There is payable to the Official Trustee an amount equal to the amount of costs, charges and expenses incurred in connection with the performance or exercise by the Official Trustee of functions, duties or powers under the Act.

(1)

For the purposes of subsection 21 (9) of the Act, the following notices are prescribed, namely:

(a)

in respect of an application under subsection 21 (1) of the Act — a notice in accordance with Form 1 in Schedule 2; and

(b)

in respect of an application under subsection 21 (2) of the Act — a notice in accordance with Form 2 in Schedule 2.

(2)

For the purposes of subsection 23A (10) of the Act, the following notice is prescribed, namely, a notice in accordance with Form 3 in Schedule 2.

(3)

For the purposes of subsection 31 (7A) of the Act, the following notice is prescribed, namely, a notice in accordance with Form 4 in Schedule 2.

(1)

In this regulation, unless the contrary intention appears:

narcotic goods and narcotic-related goods have the same respective meanings as in the Customs Act 1901.

property means money, proceeds or an amount, as each case requires, referred to in paragraph (b) or (c) of the definition of proceeds of confiscated assets in subsection 4 (1) of the Act.

(2) As soon as practicable after narcotic-related goods (other than narcotic goods) are condemned or taken to be condemned, an AFP member must give notice in writing to the Official Trustee if the member considers that the condemned goods are property in respect of which a claim may be made under the equitable sharing program.

(3)

Notice to the Official Trustee must include:

(a)

the name of the claimant State; and

(b)

the percentage of the value of the property that is likely to be payable in respect of the claim; and

(c)

other brief particulars of the claim.

(1)

In this regulation:

(2) As soon as practicable after:

(a)

a forfeiture order is made under subsection 19 (1) of the Act; or

(b)

the forfeiture under section 30 of the Act of property within the meaning of that section; or

(c)

a restraining order is made under subsection 43 (2) of the Act;

the DPP must give notice in writing to the Official Trustee if the DPP considers that the property to which the order or forfeiture, as the case may be, relates is property in respect of which a claim may be made under the equitable sharing program.

(3)

If the DPP:

(a)

applies to a court for a pecuniary penalty order:

(i)

under Division 3 of Part II of the Act; or

(ii)

under section 243B of the Customs Act 1901; and

(b)

considers that a claim may be made under the equitable sharing program in respect of any amount that is, or may be, paid into the Trust Fund as a result of the order;

the DPP must, as soon as practicable, give notice in writing to the Official Trustee accordingly.

(4)

Notice under subregulation (2) or (3) must include:

(a)

the name of the claimant State; and

(b)

the percentage of the property likely to be payable in respect of the claim; and

(c)

other brief particulars of the claim.

(1)

If the DPP is given notice under subsection 21 (9) or 31 (7A) of the Act of the making of an application for an order, the DPP must give the Official Trustee a copy of the notice.

(2)

If the DPP is given notice of an application for a declaration, or of a declaration, under subsection 19 (5) of the Act, the DPP must inform the Official Trustee as soon as practicable.

(1)

For subparagraph 34C (1) (a) (iv) of the Act, the prescribed annual management fee payable on 27 December 2000 is $10 413.

(1A)

For subparagraph 34C (1) (a) (iv) of the Act, the prescribed annual management fee payable on 27 December 2001, and for each subsequent year, is $10 840.

(1B)

A fee mentioned in this regulation is the price of the taxable supply within the meaning of A New Tax System (Goods and Services Tax) Act 1999.

(2)

The annual management fee is payable on 27 December in each year, beginning on 27 December 1992.

(1)

In making a determination for the purposes of subsection 34D (1) of the Act, the Attorney-General is to have regard to the following matters:

(a)

any amount in respect of which notice has been given to the Official Trustee under subregulation 11 (2) or 12 (2) or (3);

(b)

any amount payable to a State or to a foreign country under subparagraph 34C (1) (a) (i) of the Act;

(c)

any amount of suspended funds in respect of which a payment has not been, but may be, made under subparagraph 34C (1) (a) (i) of the Act;

(d)

any amount that may be required to make a payment referred to in subparagraph 34C (1) (a) (v) of the Act;

(e)

the amount of suspended funds that the Official Trustee declares under subsection 34E (3) to be distributable funds.

A certificate issued by the registrar of a court under paragraph 98

(5)

(b) of the Act must include the following particulars:

(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.

A certificate issued by a registrar under paragraph 98 (5) (b) of the Act may 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.