Commonwealth Numbered Regulations

1991 No. 460 PROCEEDS OF CRIME REGULATIONS (AMENDMENT) - REG 4

  4.1   After regulation 10, insert:
Notice by AFP of possible claims under the equitable sharing program

"11. (1) In this regulation, unless the contrary intention appears:
'condemned goods' has the same meaning as in section 208da of that Act;
'narcotic goods' and 'narcotic-related goods' have the same respective
meanings as in that Act; 'property' means money, proceeds or an amount, as
each case requires, referred
to in paragraph (b) or (c) of the definition of "proceeds of confiscated
assets" in subsection 4 (1) of the Act.

"(2) As soon as practicable after narcotic-related goods (other than narcotic
goods) are condemned or taken to be condemned, an AFP member must give notice
in writing to the Official Trustee if the member considers that the condemned
goods are property in respect of which a claim may be made under the equitable
sharing program.

"(3) Notice to the Official Trustee must include:

   (a)  the name of the claimant State; and

   (b)  the percentage of the value of the property that is likely to be
        payable in respect of the claim; and

   (c)  other brief particulars of the claim. Notice by DPP of possible claims
        under the equitable sharing program

"12. (1) In this regulation: 'property' means money, proceeds or an amount, as
each case requires, referred to in paragraph (d), (e), (f), (g), (h), (i),
(j), (k), (n) or (o) of the
definition of "proceeds of confiscated assets" in subsection 4 (1) of the Act.

"(2) As soon as practicable after:

   (a)  a forfeiture order is made under subsection 19 (1) of the Act; or

   (b)  the forfeiture under section 30 of the Act of property within the
        meaning of that section; or

   (c)  a restraining order is made under subsection 43 (2) of the Act; the
        DPP must give notice in writing to the Official Trustee if the DPP
        considers that the property to which the order or forfeiture, as the
        case may be, relates is property in respect of which a claim may be
        made under the equitable sharing program.

"(3) If the DPP:

   (a)  applies to a court for a pecuniary penalty order:

        (i)    under Division 3 of Part II of the Act; or

        (ii)   under section 243B of the Customs Act 1901; and

   (b)  considers that a claim may be made under the equitable sharing program
        in respect of any amount that is, or may be, paid into the Trust Fund
        as a result of the order; the DPP must, as soon as practicable, give
        notice in writing to the Official Trustee accordingly.

"(4) Notice under subregulation (2) or (3) must include:

   (a)  the name of the claimant State; and

   (b)  the percentage of the property likely to be payable in respect of the
        claim; and

   (c)  other brief particulars of the claim. DPP to give Official Trustee
        copies of certain notices

"13. (1) If the DPP is given notice under subsection 21 (9) or 31 (7A) of the
Act of the making of an application for an order, the DPP must give the
Official Trustee a copy of the notice.

"(2) If the DPP is given notice of an application for a declaration, or of a
declaration, under subsection 19 (5) of the Act, the DPP must inform the
Official Trustee as soon as practicable. Annual management fee for Trust Fund

"14. (1) For the purposes of subparagraph 34C (1) (a) (iv) of the Act, the
prescribed annual management fee is $10,000.

"(2) The annual management fee is payable on 27 December in each year,
beginning on 27 December 1992.". Determination of amount of balance of
distributable funds

"15. (1) In making a determination for the purposes of subsection 34D (1) of
the Act, the Attorney-General is to have regard to the following matters:

   (a)  any amount in respect of which notice has been given to the Official
        Trustee under subregulation 11 (2) or 12 (2) or (3);

   (b)  any amount payable to a State under subparagraph 34C (1) (a) (i) of
        the Act;

   (c)  any amount of suspended funds in respect of which a payment has not
        been, but may be, made under subparagraph 34C (1) (a) (i) of the Act;

   (d)  any amount that may be required to make a payment referred to in
        subparagraph 34C (1) (a) (v) of the Act;

   (e)  the amount of suspended funds that the Official Trustee declares under
        subsection 34E (3) to be distributable funds.

"(2) The Attorney-General is to make the first determination of the amount of
the balance of the distributable funds that is available for distribution not
later than 12 months after the commencement of these Regulations.". Law
enforcement projects-prescribed law enforcement agencies

"16. For the purposes of the definition of "law enforcement project" in
subsection 34D (3) of the Act, each of the following law enforcement agencies
is prescribed:

   (a)  the Australian Customs Service;

   (b)  the Australian Federal Police;

   (c)  the Australian Institute of Criminology;

   (d)  the Australian Securities Commission;

   (e)  the Australian Taxation Office;

   (f)  the Cash Transactions Reports Agency;

   (g)  the National Crime Authority;

   (h)  the Office of the DPP.".