Northern Territory Repealed Regulations

This legislation has been repealed.

CRIMES (FORFEITURE OF PROCEEDS) REGULATIONS

NORTHERN TERRITORY OF AUSTRALIA

CRIMES (FORFEITURE OF PROCEEDS) REGULATIONS

As in force at 13 March 1996

Table of provisions

NORTHERN TERRITORY OF AUSTRALIA

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This reprint shows the Regulations as in force at 13 March 1996. Any amendments that commence after that date are not included.

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CRIMES (FORFEITURE OF PROCEEDS) REGULATIONS

Regulations under the Crimes (Forfeiture of Proceeds) Act

1. Citation

These Regulations may be cited as the Crimes (Forfeiture of Proceeds) Regulations.

1. Definitions

In these Regulations, unless the contrary intention appears:

Australian Capital Territory Act means the Proceeds of Crime Act 1991 of the Australian Capital Territory as in force from time to time.

Commonwealth Act means the Proceeds of Crime Act 1987 of the Commonwealth as in force from time to time.

Drug Trafficking Act of New South Wales means the Drug Trafficking (Civil Proceedings) Act 1990 of New South Wales as in force from time to time.

former New South Wales Act means the Crimes (Confiscation of Profits) Act 1985 of the State of New South Wales as in force from time to time.

New South Wales Act means the Confiscation of Proceeds of Crime Act 1989 of the State of New South Wales as in force from time to time.

Queensland Act means the Crimes (Confiscation) Act 1989 of the State of Queensland as in force from time to time.

South Australian Act means the Crimes (Confiscation of Profits) Act 1986 of the State of South Australia as in force from time to time.

Tasmanian Act means the Crimes Confiscation of Profits) Act 1993 of the State of Tasmania as in force from time to time.

Victorian Act means the Crimes (Confiscation of Profits) Act 1986 of the State of Victoria as in force from time to time.

Western Australian Act means the Crimes (Confiscation of Profits) Act 1988 of the State of Western Australia as in force from time to time.

1. Corresponding law

For the purposes of the definition of corresponding law in section 3 of the Act:

(aa) the Australian Capital Territory Act;

(a) the Commonwealth Act;

(ab) the Drug Trafficking Act of New South Wales;

(b) the former New South Wales Act;

(c) the New South Wales Act;

(d) the Queensland Act;

(e) the South Australian Act;

(ea) the Tasmanian Act;

(f) the Victorian Act; and

(g) the Western Australian Act,

are prescribed to be laws that correspond to the Act.

1. Interstate forfeiture order

For the purposes of the definition of interstate forfeiture order in section 3 of the Act, an order made under:

(a) section 19(1) of the Commonwealth Act;

(b) section 5(1) of the former New South Wales Act;

(c) section 18 of the New South Wales Act;

(d) section 8 of the Queensland Act;

(e) section 5(1) of the South Australian Act;

(f) section 7 of the Victorian Act; or

(g) section 10 of the Western Australian Act,

is an order of a kind prescribed to be within that definition.

1. Interstate pecuniary penalty order

For the purposes of the definition of interstate pecuniary penalty order in section 3 of the Act, an order made under:

(a) section 26(1) of the Commonwealth Act;

(b) section 10(1) of the former New South Wales Act;

(c) section 24, 25, 29 or 30 of the New South Wales Act;

(d) section 13 of the Queensland Act;

(e) section 12 of the Victorian Act; or

(f) section 15 of the Western Australian Act,

is an order of a kind prescribed to be within that definition.

1. Interstate restraining order

For the purposes of the definition of interstate restraining order in section 3 of the Act, an order made under:

(a) section 43(2) of the Commonwealth Act;

(b) section 12(2) of the former New South Wales Act;

(c) section 43 of the New South Wales Act;

(d) section 17 of the Queensland Act;

(e) section 6(1) of the South Australian Act;

(f) section 16 of the Victorian Act; or

(g) section 20 of the Western Australian Act,

is an order of a kind prescribed to be within that definition.

1. Prescribed particulars of restraining order

For the purposes of section 22 of the Act, the prescribed particulars of a restraining order are:

(a) the full name of the appropriate officer who applied for the restraining order under section 14 of the Act;

(b) the name of the court by which the order was made;

(c) the date when the order was made; and

(d) a description of the affected property which is sufficient to identify it.

1. Search warrants

A search warrant issued under:

(a) section 42(2) of the Act shall be in the form in Schedule 1;

(b) section 42(4) of the Act shall be in the form in Schedule 2; and

(c) section 52 of the Act shall be in the form in Schedule 3.

1. Prescribed serious offences

For the purposes of paragraph (b) of the definition of serious offence in section 3 of the Act, an offence against section 31, 32 or 33 of the Unlawful Betting Act is a prescribed offence.

Schedule 1

regulation 8(a)

NORTHERN TERRITORY OF AUSTRALIA

Crimes (Forfeiture of Proceeds) Act

WARRANT TO SEARCH PERSON

To , a member of the Police Force.

I, , a magistrate, in pursuance of section 42(2) of the Crimes (Forfeiture of Proceeds) Act, issue a warrant authorizing the above – named member of the Police Force and any other member of the Police Force, with such assistance, and by such force, as is necessary and reasonable:

(a) to search

(name of person to be searched)

for the following tainted property:

(specify tainted property)

; and

(b) to seize property found in the course of the search that the member believes, on reasonable grounds, to be tainted property of that kind.

THIS WARRANT

(a) is issued for the purpose of

(include purpose for which warrant issued, including reference to the nature of the relevant serious offence); and

(b) shall cease to have effect at midnight on

(a date not later than 21 days after the date of issue of the warrant).

Dated 19 .

Magistrate

Schedule 2

regulation 8(b)

NORTHERN TERRITORY OF AUSTRALIA

Crimes (Forfeiture of Proceeds) Act

WARRANT TO SEARCH LAND OR PREMISES

To , a member of the Police Force.

I, , a magistrate, in pursuance of section 42(4) of the Crimes (Forfeiture of Proceeds) Act, issue a warrant authorizing the above-named member of the Police Force and any other member of the Police Force, with such assistance, and by such force, as is necessary and reasonable:

(a) to enter:

*(i) onto

(specify land to be searched); or

*(ii) on or into

(specify premises to be searched),

(b) to search that land/those premises* for the following tainted property:

(specify tainted property); and

(c) to seize property found in the course of the search that the member believes, on reasonable grounds to be tainted property of that kind.

THIS WARRANT

(a) is issued for the purpose of

(include purpose for which warrant issued, including reference to the nature of the relevant serious offence);

(b) authorizes entry to be made to the land or the premises, as the case may be:

*(i) at any time of the day or night; or

*(ii) during

specify hours of day or night entry authorized); and

(c) shall cease to have effect at midnight on

(a date not later than 21 days after the date of issue of the warrant).

Dated 19 .

Magistrate

* Delete if not applicable

Schedule 3

regulation 8(c)

NORTHERN TERRITORY OF AUSTRALIA

Crimes (Forfeiture of Proceeds) Act

WARRANT TO SEARCH FOR PROPERTY-TRACKING DOCUMENTS

To , a member of the Police Force.

The Supreme Court of the Northern Territory of Australia, in pursuance of section 52 of the Crimes (Forfeiture of Proceeds) Act, hereby issues a search warrant authorizing the above-named member of the Police Force and any other member of the Police Force, with such assistance, and by such force, as is necessary and reasonable:

(a) to enter:

*(i) on

(specify land to be searched); or

*(ii) on or into

(specify the premises to be searched)

(b) to search that land/those premises* for the following property-tracking documents:

(specify property-tracking documents); and

(c) to seize any document found in the course of the search that the member believes, on reasonable grounds, to be a document of that kind.

THIS SEARCH WARRANT

(a) is issued for the purpose of

(include purpose for which warrant issued, including reference to the nature of the relevant serious offence);

(b) authorizes entry to be made to the land or the premises, as the case may be:

*(i) at any time of the day or night; or

*(ii) during

(specify hours of day or night entry authorized); and

(c) shall cease to have effect at midnight on

(a date not later than one month after the date of issue of the warrant).

Dated 19 .

Judge of the Supreme Court

of the Northern Territory

of Australia

* Delete if not applicable

ENDNOTES

1 KEY

Key to abbreviations

amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted

nc = not commenced

2 LIST OF LEGISLATION

3 LIST OF AMENDMENTS

r 2 amd No. 53, 1992, r 2; No. 24, 1994, r 1; No. 10, 1996

r 3 amd No. 53, 1992, r 3; No. 24, 1994, r 2

r 9 ins No. 53, 1992, r 4