Commonwealth Numbered Regulations

1989 No. 236 PROCEEDS OF CRIME REGULATIONS (AMENDMENT) - REG 10

10. The Principal Regulations are amended by adding at the end the following
Schedule:
SCHEDULE 2
FORMS
FORM 1
Subregulation 10 (1)
COMMONWEALTH OF AUSTRALIA
Proceeds of Crime Act 1987 NOTICE IN RESPECT OF AN APPLICATION UNDER SUBREGON
21 (1) FOR AN ORDER IN
RESPECT OF AN INTEREST IN PROPERTY To: The Commonwealth Attorney-General
Robert Garran Offices National Circuit Barton ACT 2600 The Commonwealth
Director of Public Prosecutions (address of relevant regional office) (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  1987 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 and
location of
court) on        19   in respect of a conviction within the meaning of section
5 of the Proceeds of Crime Act 1987 of (name of convicted person) for (state
offence(s)) on (date of conviction) by (name and location 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 Commonwealth to transfer the interest to that person.

*(c) declaring that there is payable by the Commonwealth 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 and
location 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 10 (1)
COMMONWEALTH OF AUSTRALIA
Proceeds of Crime Act 1987 NOTICE IN RESPECT OF AN APPLICATION UNDER SUBREGON
21 (2) FOR AN ORDER IN
RESPECT OF AN INTEREST IN FORFEITED PROPERTY To: The Commonwealth
Attorney-General Robert Garran Offices National Circuit Barton ACT 2600 The
Commonwealth Director of Public Prosecutions (address of relevant regional
office) (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  1987 for an order under subsection 21 (6) of that Act
in respect of an interest which was forfeited to the Commonwealth under that
Act. The property to which this notice relates was forfeited by order of (name
and
location of court) on        19   following the conviction within the meaning
of section 5 of the Proceeds of Crime Act 1987 of (name of convicted person)
for (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 (as at the time when the order
        is made) of the applicant's interest; and

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

*(c) declaring that there is payable by the Commonwealth 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 and location
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 10 (2)
COMMONWEALTH OF AUSTRALIA
Proceeds of Crime Act 1987 NOTICE IN RESPECT OF AN APPLICATION UNDER SUBREGON
23A (3) FOR AN ORDER IN RESPECT OF AN INTEREST IN PROPERTY WHICH IS THE
SUBJECT OF A FOREIGN FORFEITURE
ORDER To: The Commonwealth Attorney-General Robert Garran Offices National
Circuit Barton ACT 2600 The Commonwealth Director of Public Prosecutions
(address of relevant regional office) (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 23A (3) of the Proceeds of Crime  Act 1987 for an order under
subsection 23A (7) of that Act in respect of an interest which is the subject
of a foreign forfeiture order. The foreign forfeiture order in respect of the
property to which this notice relates was registered under the
Mutual Assistance in Criminal Matters Act 
1987 by order of (name and location of court) on        19   and made with
respect to the conviction of (name of convicted person) for (state offence(s))
on        19 by (name and location of court).
The 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 Commonwealth to transfer the interest to the applicant.

*(c) declaring that there is payable by the Commonwealth 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 and location
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 4
Subregulation 10 (3)
COMMONWEALTH OF AUSTRALIA
Proceeds of Crime Act 1987 NOTICE IN RESPECT OF AN APPLICATION UNDER SUBREGON
31 (1) FOR AN ORDER IN RESPECT OF AN INTEREST IN FORFEITED PROPERTY PREVIOUSLY
THE SUBJECT OF A
RESTRAINING ORDER To: The Commonwealth Attorney-General Robert Garran Offices
National Circuit Barton ACT 2600 The Commonwealth Director of Public
Prosecutions (address of relevant regional office) (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 31 (1) of the Proceeds of Crime Act  1987 for an order under
subsection 31 (6) or (7) of that Act in respect of an interest which was
forfeited to the Commonwealth under subsection 30 (1) of that Act. The
property to which this notice relates was forfeited under
section 30 of the Proceeds of Crime Act 1987 on        19   following the
conviction within the meaning of section 5 of that Act of (name of convicted
person) for a serious offence within the meaning of that Act, namely (state
offence(s)) by (name and location of court). The abovementioned applicant has
applied to the court for an order with respect to the claimed interest:

   (a)  declaring the nature, extent and value (in the case of an order under
        subsection 31 (7) of the Proceeds of Crime Act 1987-as at the time
        when the order is made) of the applicant's interest; and

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

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

*(d) declaring that section 30 of the Proceeds of Crime Act 1987 shall cease
to operate in relation to the interest if payment is made in accordance with
section 33 of that Act.The application has been set down for *mention/*hearing
in the (name and location 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.