Australian Capital Territory Numbered Regulations

PROCEEDS OF CRIME REGULATIONS (NO. 50 OF 1993)

TABLE OF PROVISIONS

   1.      These Regulations may be cited as the Proceeds of Crime Regulations.  
   2.      In these Regulations, unless the contrary intention appears—“the Act” means the Proceeds of Crime Act 1991.  
   3.      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:  
   4.      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:  
   5.      For the purposes of the definition of “government business enterprise” in subsection 4 (1) of the Act, Totalcare Industries Limited is prescribed.  
   6.      For the purposes of the definition of “interstate forfeiture order” in subsection 4 (1) of the Act, each of the following kinds of orders is declared to be within the definition:  
   7.      For the purposes of the definition of “interstate pecuniary penalty order” in subsection 4 (1) of the Act, each of the following kinds of orders is declared to be within the definition:  
   8.      For the purposes of the definition of “interstate restraining order” in subsection 4 (1) of the Act, each of the following kinds of orders is declared to be within the definition:  
   9.      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.  
   10.     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:  
   11.     (1) In this regulation—“property” means money, proceeds or an amount, as each case requires, referred to in paragraph (b), (c), (d), (e), (f), (i) or (j) of the definition of “proceeds of confiscated assets” in subsection 4 (1) of the Act.  
   12.     (1) If the DPP is given notice of an order, or an application for an order, under subsection 19 (5) of the Act, the DPP shall, as soon as practicable after receiving the notice, advise the Public Trustee in writing of the order or application.  
   13.     (1) For the purposes of subsection 21 (9) of the Act, the following notices are prescribed, namely—  
   14.     (1) For the purposes of subparagraph 35 (1) (a) (ii) of the Act, the prescribed annual management fee is $500.  
   15.     In making a determination for the purposes of subsection 36 (1) of the Act, the Attorney-General shall have regard to the following matters:  
   16.     (1) There is payable to the Public Trustee in respect of the performance or exercise by the Public Trustee of functions, duties or powers under the Act—  
   17.     There is payable to the Public Trustee an amount equal to the amount of costs, charges and expenses incurred in connection with the performance or exercise by the Public Trustee of functions, duties or powers under the Act.  
           SCHEDULE 1