Australian Capital Territory Numbered Regulations

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PROCEEDS OF CRIME REGULATIONS (NO. 50 OF 1993) - SCHEDULE 1

    SCHEDULE 1     Regulation 9

DECLARED NARCOTIC SUBSTANCES

Column 1

Item No.

Column 2

Substances

1

Acetyl-alpha-methylfentanyl

2

Acetylmorphines

3

Alfentanil

4

Alkoxyamphetamines and bromo-substituted alkoxyamphetamines except where separately specified in this Schedule

5

Alkoxyphenethylamines and alkyl-substituted alkoxyphenethylamines except where separately specified in this Schedule

6

Alpha-methylfentanyl

7

Alpha-methylthiofentanyl

8

Beta-hydroxyfentanyl

9

Beta-hydroxy-3-methylfentanyl

10

4-Bromo-3,5-dimethoxyamphetamine

11

4-Bromo-2,5-dimethoxyphenethylamine (BDMPEA)

12

3-Bromo-4-methoxyamphetamine

13

4-Bromo-3-methoxyamphetamine

14

Butorphanol

15

Cannabis Oil

16

Cathinone

17

Coca leaf

18

Concentrate of Poppy Straw (the material produced when poppy straw has undergone a process for the concentration of its alkaloids)

19

4-Cyano-2-dimethylamino-4,4-diphenylbutane (Methadone intermediate)

20

4-Cyano-1-methyl-4-phenylpiperidine (Pethidine intermediate A)

21

Dexamphetamine

22

Dextromoramide

23

Dextropropoxyphene

24

Difenoxin

25

2,4-Dimethoxyamphetamine

26

3,4-Dimethoxyamphetamine

27

3,4-Dimethoxy-5-ethoxyamphetamine

28

2,5-Dimethoxy-4-ethoxyamphetamine

29

4,5-Dimethoxy-2-ethoxyamphetamine

30

2,5-Dimethoxy-4-ethyl-alpha-methylphenylethylamine (DOET)

31

2,3-Dimethoxy-4,5-methylenedioxyamphetamine

32

2,5-Dimethoxy-3,4-methylenedioxyamphetamine

33

2,5-Dimethoxy-alpha-methylphenylethylamine (DMA)

34

3,4-Dimethoxyphenylethylamine

35

3-(1,2-Dimethylheptyl)-1-hydroxy-7,8,9,10-tetrahydro-6, 6,9-trimethyl-6H-dibenzo[b,d]pyran (DMHP)

36

Drotebanol

37

4,5-Ethylenedioxy-3-methoxyamphetamine

38

Eticyclidine (PCE)

39

Fenetylline

40

3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo [b,d]pyran (Parahexyl)

41

Isomethadone

42

Levamphetamine

43

Levomethamphetamine

44

Levomethorphan

45

Levomoramide

46

Levophenacylmorphan

47

Mecloqualone

48

2-Methoxy-3,4-methylenedioxyamphetamine

49

2-Methoxy-4,5-methylenedioxyamphetamine

50

4-Methoxy-2,3-methylenedioxyamphetamine

51

5-Methoxy-3,4-methylenedioxy-alpha-methylphenylethylamine (MMDA)

52

2-Methoxy-3,4-methylenedioxyphenylethylamine

53

3-Methoxy-4,5-methylenedioxyphenylethylamine

54

4-Methoxy-alpha-methylphenylethylamine (PMA)

55

4-Methoxyphenylethylamine

56

2-Methyl-3-morpholino-1,1-diphenylpropane carboxylic acid (Moramide intermediate)

57

1-Methyl-4-phenyl-4-propionoxypiperidine (MPPP)

58

1-Methyl-4-phenylpiperidine-4-carboxylic acid (Pethidine intermediate C)

59

3,4-Methylenedioxy-N, alpha-dimethylphenylethylamine (MDMA)

60

3,4-Methylenedioxy-N-ethylamphetamine (MDE)

61

3-Methylfentanyl

62

3-Methylthiofentanyl

63

Morphine Methobromide

64

Muscimol

65

Nabilone

66

Para-fluorofentanyl

67

Phencyclidine (PCP)

68

1-Phenylethyl-4-phenyl-4-acetoxypiperidine (PEPAP)

69

4-Phenylpiperidine-4-carboxylic acid ethyl ester (Pethidine intermediate B)

70

Propiram

71

Racemoramide

72

Racemorphan

73

Rolicyclidine (PHP,PCPY)

74

Sufentanil

75

Tenocyclidine (TCP)

76

2,3,4,5-Tetramethoxyamphetamine

77

Thiofentanyl

78

Tilidine

79

2,3,4-Trimethoxyamphetamine

80

2,3,5-Trimethoxyamphetamine

81

2,3,6-Trimethoxyamphetamine

82

2,4,5-Trimethoxyamphetamine

83

2,4,6-Trimethoxyamphetamine

84

3,4,5-Trimethoxy-alpha-methylphenylethylamine (TMA)

85

1-(3,4,5-Trimethoxyphenyl)-2-aminobutane

86

2,4,5-Trimethoxyphenylethylamine

87

Substances structurally derived from methoxy-phenylethylamine other than—


        (a)     methoxyphenamine; or

        (b)     a substance separately specified in an item in this Schedule

88

A substance which is, in relation to a substance specified in an item in this Schedule—

        (a)     an active principal of that specified substance;

        (b)     a preparation or admixture of that specified substance; or

        (c)     a salt of that specified substance or active principal;

    except where the first-mentioned substance is separately specified in an item in this Schedule

89

A substance (being a drug analogue) which is, in relation to another substance (being a narcotic substance within the meaning of the Customs Act 1901 of the Commonwealth or a substance specified in an item in this Schedule (other than this item), or a stereoisomer, a structural isomer (with the same constituent groups) or an alkaloid of such a drug or substance)—


        (a)     a stereoisomer;

        (b)     a structural isomer having the same constituent groups;

        (c)     an alkaloid;

        (d)     a structural modification notionally obtained in one or more of the following ways:


              (i)     by the replacement of up to 2 carbocyclic or heterocyclic ring structures with different carbocyclic or heterocyclic ring structures;


              (ii)     by the addition of hydrogen atoms to one or more unsaturated bonds;


              (iii)     by the addition of one or more of the alkoxy, cyclic diether, acyl, acyloxy, mono-amino or dialkylamino groups (with up to 6 carbon atoms in any alkyl residue), alkyl, alkenyl or alkynyl groups (with up to 6 carbon atoms in the group, where the group is attached to oxygen (for example, an ester or an ether group), nitrogen, sulphur or carbon) or halogen, hydroxy, nitro or amino groups;


              (iv)     by the replacement of one or more of the groups specified in subparagraph (iii) with another such group or groups; or


              (v)     by the conversion of a carboxyl or an ester group into an amide group; or


        (e)     otherwise a homologue, an analogue, a chemical derivative or a substance substantially similar in chemical structure;

    however manufactured or actually obtained, except where the drug analogue—

        (f)     is a narcotic substance within the meaning of the Customs Act 1901 of the Commonwealth; or

        (g)     is separately specified in an item in this Schedule.

SCHEDULE 2
FORMS

    Form 1     Subregulation 13 (1)

THE AUSTRALIAN CAPITAL TERRITORY

Proceeds of Crime Act 1991

NOTICE IN RESPECT OF AN APPLICATION UNDER SUBSECTION 21 (1) FOR AN ORDER IN RESPECT OF AN INTEREST IN PROPERTY

TO:     The Attorney-General
    Legislative Assembly for the Australian Capital Territory
    1 Constitution Avenue
    CANBERRA ACT 2601.
    The Director of Public Prosecutions
    AMP Building
    Hobart Place
    CANBERRA ACT 2601.

( Full name of applicant ) of ( address ), being a person who claims an interest in the property specified in the Schedule, hereby gives notice that application has been made under subsection 21 (1) of the Proceeds of Crime Act 1991 for an order under subsection 21 (6) of that Act in respect of an interest which is the subject of an application for a forfeiture order under subsection 19 (1) of that Act.

The application for a forfeiture order was filed in ( name of court ) on                  19 in respect of a conviction within the meaning of section 5 of the Proceeds of Crime Act 1991 of ( name of convicted person ) for ( state offence ( s )) on ( date of conviction ) by ( name of court ) .

The abovementioned person who claims an interest has applied to the court for an order with respect to the interest claimed—

        (a)     declaring the nature, extent and value (as at the time when the order is made) of that person's interest; and

    *(b)     directing the Territory to transfer the interest to that person.

    *(c)     declaring that there is payable by the Territory to that person an amount equal to the value of the interest as so declared by the court.

This application has been set down for *mention/*hearing in the ( name of court ) on             19 at *a.m./*p.m.

SCHEDULE

The property to which this notice relates is as follows:

( specify property )

Dated 19 .

       
    *Applicant giving notice/
    *solicitor

* Omit if not applicable
    Form 2     Subregulation 13 (1)

THE AUSTRALIAN CAPITAL TERRITORY

Proceeds of Crime Act 1991

NOTICE IN RESPECT OF AN APPLICATION UNDER SUBSECTION 21 (2) FOR AN ORDER IN RESPECT OF AN INTEREST IN FORFEITED PROPERTY

TO:     The Attorney-General
    Legislative Assembly for the Australian Capital Territory
    1 Constitution Avenue
    CANBERRA ACT 2601.
    The Director of Public Prosecutions
    AMP Building
    Hobart Place
    CANBERRA ACT 2601.

( Full name of applicant ) of ( address ), being a person who claims an interest in the property specified in the Schedule, hereby gives notice that application has been made under subsection 21 (2) of the Proceeds of Crime Act 1991 for an order under subsection 21 (6) of that Act in respect of an interest which was forfeited to the Territory under that Act.

The property to which this notice relates was forfeited by order of ( name of court ) on             19 following the conviction within the meaning of section 5 of the Proceeds of Crime Act 1991 of ( name of convicted person ) for ( state offence ( s )) .

This abovementioned applicant has applied to the court for an order with respect to the interest claimed—

        (a)     declaring the nature, extent and value (as at the time when the order is made) of the applicant's interest; and

    *(b)     directing the Territory to transfer the interest to the applicant.

    *(c)     declaring that there is payable by the Territory to the applicant an amount equal to the value of the interest as so declared by the court.

The application has been set down for *mention/*hearing in the ( name of court ) on                19 at *a.m./*p.m.

SCHEDULE

The property to which this notice relates is as follows:

( specify property )

Dated 19 .

       

    *Applicant giving notice/

    *solicitor

* Omit if not applicable

    Form 3     Subregulation 13 (2)

THE AUSTRALIAN CAPITAL TERRITORY

Proceeds of Crime Act 1991

NOTICE IN RESPECT OF AN APPLICATION UNDER SUBSECTION 29 (1) FOR AN ORDER IN RESPECT OF AN INTEREST IN FORFEITED PROPERTY PREVIOUSLY THE SUBJECT OF A RESTRAINING ORDER

TO:     The Attorney-General
    Legislative Assembly for the Australian Capital Territory
    1 Constitution Avenue
    CANBERRA ACT 2601.
    The Director of Public Prosecutions
    AMP Building
    Hobart Place
    CANBERRA ACT 2601.

( Full name of applicant ) of ( address ), being a person who claims an interest in the property specified in the Schedule, hereby gives notice that application has been made under subsection 29 (1) of the Proceeds of Crime Act 1991 for an order under subsection 29 (6) or (7) of that Act in respect of an interest which was forfeited to the Territory under subsection 28 (1) of that Act.
The property to which this notice relates was forfeited under section 28 of the Proceeds of Crime Act 1991 on 19 following the conviction within the meaning of section 5 of that Act of ( name of convicted person ) before ( name of court ) on     19 for a serious offence within the meaning of section 7 of that Act, namely ( state offence ( s )).    

The abovementioned applicant has applied to the court for an order with respect to the interest claimed—

        (a)     declaring the nature, extent and value (in the case of an order under subsection 29 (7) of the Proceeds of Crime Act 1991 , as at the time when the order is made) of the applicant's interest; and

    *(b)     directing the Territory to transfer the interest to the applicant.

    *(c)     declaring that there is payable by the Territory to the applicant an amount equal to the value of the interest as so declared by the court.

    *(d)     declaring that section 28 of the Proceeds of Crime Act 1991 shall cease to operate in relation to the interest if payment is made in accordance with section 31 of that Act.

The application has been set down for *mention/*hearing in the (name of court) on                19 at *a.m./*p.m.

SCHEDULE

The property to which this notice relates is as follows:

( specify property )

Dated 19 .

       
    *Applicant giving notice/
    *solicitor
* Omit if not applicable



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