Crime (Confiscation of Profits) Regulations 2024 (Tas)

Crime (Confiscation of Profits) Regulations 2024

I, the Lieutenant-Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Crime (Confiscation of Profits) Act 1993 .

18 November 2024

A. M. BLOW

Lieutenant-Governor

By His Excellency's Command,

GUY BARNETT

Minister for Justice

1. Short title These regulations may be cited as the Crime (Confiscation of Profits) Regulations 2024 .

2. Commencement These regulations take effect on 21 November 2024.

3. Interpretation In these regulations – Act means the Crime (Confiscation of Profits) Act 1993 .

4. Corresponding laws For the purposes of the definition of corresponding law in section 4(1) of the Act, the following laws are declared to be laws that correspond to the Act: (a) the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory; (b) the Confiscation of Proceeds of Crime Act 1989 of New South Wales; (c) the Criminal Assets Recovery Act 1990 of New South Wales; (d) the Criminal Property Forfeiture Act 2002 of the Northern Territory; (e) the Criminal Proceeds Confiscation Act 2002 of Queensland; (f) the Criminal Assets Confiscation Act 2005 of South Australia; (g) the Serious and Organised Crime (Unexplained Wealth) Act 2009 of South Australia; (h) the Confiscation Act 1997 of Victoria; (i) the Criminal Property Confiscation Act 2000 of Western Australia.

5. Interstate forfeiture order For the purposes of section 4 of the Act, an order, declaration, or other decision of a court, made and in force under any of the following provisions is declared to be within the definition of interstate forfeiture order: (a) section 54, 59, 60, 67 or 250 of the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory; (b) section 98D of the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory if the order under that section results in the application of section 98G of that Act to restrained property within the meaning of that Act; (c) a restraining order under section 30 of the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory (after the relevant period of time as provided for by section 62 of that Act has elapsed); (d) a restraining order under section 31 of the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory (after the relevant period of time as provided for by section 58 of that Act has elapsed); (e) section 17F, 18, 33 or 34A of the Confiscation of Proceeds of Crime Act 1989 of New South Wales; (f) section 22, 22AA or 31A of the Criminal Assets Recovery Act 1990 of New South Wales; (g) section 94, 96(1), 97, 99, 100 or 101 of the Criminal Property Forfeiture Act 2002 of the Northern Territory; (h) section 58, 93ZZB or 151 of the Criminal Proceeds Confiscation Act 2002 of Queensland; (i) section 47 or 56B of the Criminal Assets Confiscation Act 2005 of South Australia; (j) section 33, 34, 34C, 36, 36F, 36GB, 38, 39 or 40ZB of the Confiscation Act 1997 of Victoria; (k) section 28 or 30 of the Criminal Property Confiscation Act 2000 of Western Australia.