South Australia
Criminal Assets Confiscation Regulations 2006
under the Criminal Assets Confiscation Act 2005

Contents
1	Short title
2	Commencement
3	Interpretation
4	Prescribed enforcement agencies
5	Declaration of institutions as financial institutions
6	Declaration of recognised Australian forfeiture orders
7	Declaration of recognised Australian pecuniary penalty orders
8	Declaration of recognised Australian restraining orders
9	Certificate of Magistrates Court
10	Prescribed form of notice of freezing order
11	Prescribed form of extension of freezing order
12	Prescribed form of cessation of freezing order
13	Prescribed form of examination notice
14	Prescribed form of duplicate warrant
15	Prescribed form of notice
16	Prescribed manner of giving notices etc
17	Prescribed forms may contain additional information
18	Prescribed rate
Schedule 1—Revocation of Criminal Assets Confiscation Regulations 1997

1—Short title
These regulations may be cited as the Criminal Assets Confiscation Regulations 2006.
2—Commencement
These regulations will come into operation on the day on which the Criminal Assets Confiscation Act 2005 comes into operation.
3—Interpretation
In these regulations—
Act means the Criminal Assets Confiscation Act 2005.
4—Prescribed enforcement agencies
For the purposes of the definition of enforcement agency in section 3 of the Act, South Australia Police is prescribed for the purposes of the Act.
5—Declaration of institutions as financial institutions
For the purposes of the definition of financial institution in section 3 of the Act, an institution that carries on a business involving—
	(a)	the acceptance of money on deposit or by way of investment; or
	(b)	the acceptance of money for the purpose of securing it in a safety deposit box or other safe custody facility,
is declared to be a financial institution.
6—Declaration of recognised Australian forfeiture orders
For the purposes of the definition of recognised Australian forfeiture order in section 3 of the Act, the following orders are declared to be within that definition:
	(a)	an assets forfeiture order under the Criminal Assets Recovery Act 1990 of New South Wales;
	(b)	a forfeiture order under the Confiscation of Proceeds of Crime Act 1989 of New South Wales;
	(c)	a forfeiture order or civil forfeiture order under the Confiscation Act 1997 of Victoria;
	(d)	a forfeiture order or special forfeiture order under the Criminal Proceeds Confiscation Act 2002 of Queensland;
	(e)	an old forfeiture order or old special forfeiture order within the meaning of the Criminal Proceeds Confiscation Act 2002 of Queensland;
	(f)	an order under the Criminal Property Confiscation Act 2000 of Western Australia of a nature similar to a forfeiture order under the Act;
	(g)	a forfeiture order under the Crimes (Confiscation of Profits) Act 1993 of Tasmania;
	(h)	a forfeiture order under the Criminal Property Forfeiture Act 2002 of the Northern Territory;
	(i)	a forfeiture order under the Crimes (Forfeiture of Proceeds) Act 1988 of the Northern Territory (as in force immediately before the repeal of that Act);
	(j)	a forfeiture order under the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory;
	(k)	a forfeiture order under the Proceeds of Crime Act 1991 of the Australian Capital Territory (as in force immediately before the repeal of that Act);
	(l)	a forfeiture order under the Proceeds of Crime Act 2002 of the Commonwealth;
	(m)	a forfeiture order under the Proceeds of Crime Act 1987 of the Commonwealth.
7—Declaration of recognised Australian pecuniary penalty orders
For the purposes of the definition of recognised Australian pecuniary penalty order in section 3 of the Act, the following orders are declared to be within that definition:
	(a)	a proceeds assessment order under the Criminal Assets Recovery Act 1990 of New South Wales;
	(b)	a drug proceeds order or pecuniary penalty order under the Confiscation of Proceeds of Crime Act 1989 of New South Wales;
	(c)	a pecuniary penalty order under the Confiscation Act 1997 of Victoria;
	(d)	a pecuniary penalty order under the Criminal Proceeds Confiscation Act 2002 of Queensland;
	(e)	an old pecuniary penalty order within the meaning of the Criminal Proceeds Confiscation Act 2002 of Queensland;
	(f)	a criminal benefits order under the Criminal Property Confiscation Act 2000 of Western Australia or other order under that Act of a nature similar to a pecuniary penalty order under the Act;
	(g)	a pecuniary penalty order under the Crimes (Confiscation of Profits) Act 1993 of Tasmania;
	(h)	a criminal benefits declaration under the Criminal Property Forfeiture Act 2002 of the Northern Territory;
	(i)	a pecuniary penalty order under the Crimes (Forfeiture of Proceeds) Act 1988 of the Northern Territory (as in force immediately before the repeal of that Act);
	(j)	a penalty order under the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory;
	(k)	a pecuniary penalty order under the Proceeds of Crime Act 1991 of the Australian Capital Territory (as in force immediately before the repeal of that Act);
	(l)	a pecuniary penalty order under the Proceeds of Crime Act 2002 of the Commonwealth;
	(m)	a pecuniary penalty order under the Proceeds of Crime Act 1987 of the Commonwealth.
8—Declaration of recognised Australian restraining orders
For the purposes of the definition of recognised Australian restraining order in section 3 of the Act, the following orders are declared to be within that definition:
	(a)	a restraining order under the Criminal Assets Recovery Act 1990 of New South Wales;
	(b)	a restraining order under the Confiscation of Proceeds of Crime Act 1989 of New South Wales;
	(c)	a restraining order under the Confiscation Act 1997 of Victoria;
	(d)	a restraining order under the Criminal Proceeds Confiscation Act 2002 of Queensland;
	(e)	an old restraining order within the meaning of the Criminal Proceeds Confiscation Act 2002 of Queensland;
	(f)	a freezing order under the Criminal Property Confiscation Act 2000 of Western Australia;
	(g)	a restraining order under the Crimes (Confiscation of Profits) Act 1993 of Tasmania;
	(h)	a restraining order under the Criminal Property Forfeiture Act 2002 of the Northern Territory;
	(i)	a restraining order under the Crimes (Forfeiture of Proceeds) Act 1988 of the Northern Territory (as in force immediately before the repeal of that Act);
	(j)	a restraining order under the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory;
	(k)	a restraining order under the Proceeds of Crime Act 1991 of the Australian Capital Territory (as in force immediately before the repeal of that Act);
	(l)	a restraining order under the Proceeds of Crime Act 2002 of the Commonwealth;
	(m)	a restraining order under the Proceeds of Crime Act 1987 of the Commonwealth.
9—Certificate of Magistrates Court
	(1)	For the purposes of section 14(2)(a) of the Act, the certificate issued by the Principal Registrar of the Magistrates Court must contain the following particulars in relation to the order:
	(a)	the matter number in the Magistrates Court;
	(b)	the date on which the order was made;
	(c)	the name and address of the parties to the proceedings in which the order was made;
	(d)	the amount to be paid pursuant to the order.
	(2)	For the purposes of section 14(2)(b) of the Act, a certificate under that section may be registered by lodging the certificate in the District Court.
10—Prescribed form of notice of freezing order
For the purposes of section 19(2)(b) of the Act, a notice containing the following information is prescribed:
	(a)	the date on which and time at which the order was made;
	(b)	particulars of the account to which the order applies;
	(c)	the terms of the order;
	(d)	a statement specifying that the order takes effect on the date and at the time that the notice is given to the financial institution;
	(e)	an explanation of the operation of section 21(1) of the Act.
11—Prescribed form of extension of freezing order
For the purposes of section 21(5) of the Act, a notice to which a copy of the original freezing order has been annexed and that contains the following information is prescribed:
	(a)	the date on which and time at which the order extending the duration of the original freezing order was made;
	(b)	an explanation of the operation of section 21(6) of the Act.
12—Prescribed form of cessation of freezing order
For the purposes of section 21(6) of the Act, a notice containing the following information is prescribed:
	(a)	particulars of the order to which the notice relates;
	(b)	a statement specifying the date on which and time at which the order ceased to apply.
13—Prescribed form of examination notice
For the purposes of section 134(1)(a) of the Act, a notice containing the following information is prescribed:
	(a)	the name of the person to whom the notice is addressed;
	(b)	the court that made the examination order relating to the person and the date of that order;
	(c)	a statement requiring the named person to attend an examination at a specified time and place;
	(d)	a statement indicating that failure to attend the examination at the specified time and place is an offence under the Criminal Assets Confiscation Act 2005;
	(e)	the name and telephone number of a contact person nominated by the DPP to handle any queries relating to the notice;
	(f)	the identity of the person to whose affairs the examination relates;
	(g)	if the notice requires the person to produce documents at the examination—a description of the documents.
14—Prescribed form of duplicate warrant
For the purposes of section 173(4)(g) of the Act, the duplicate warrant must comply with the following requirements:
	(a)	the duplicate warrant must specify that it is a duplicate warrant;
	(b)	the duplicate warrant must specify—
	(i)	the date and time at which the applicant applied for the warrant by telephone, and the time and date at which that telephone call was terminated; and
	(ii)	the date and time at which the duplicate warrant and the supporting affidavit were forwarded to the Magistrate who issued the warrant.
15—Prescribed form of notice
For the purposes of section 174(5)(a) of the Act, the prescribed form of notice is any notice in writing containing the information specified in section 174(5)(a)(i) to (v) of the Act.
16—Prescribed manner of giving notices etc
For the purposes of section 216 of the Act, the following additional manners of giving or serving a notice, order or other document are prescribed:
	(a)	in the case of a notice, order or other document to be given to or served on a corporation—
	(i)	by leaving it for the corporation at the registered address of the corporation; or
	(ii)	by posting it to the corporation at the registered address of the corporation;
	(b)	in any case—by a means indicated by the person as being an available means of service (such as by facsimile transmission or by delivering it, addressed to the person, to the facilities of a document exchange).
17—Prescribed forms may contain additional information
If a provision of these regulations prescribes the form of any notice, order or other document required or authorised by the Act to be given to or served on a person, the notice, order or other document may contain information in addition to the information required to be included by these regulations.
18—Prescribed rate
	(1)	For the purposes of section 228 of the Act, the prescribed rate is a simple interest rate equal to 0.2 per cent less than the average of the cash rates applied by the Reserve Bank of Australia over the relevant period (expressed as an annual rate and applied with respect to the relevant period).
	(2)	In this regulation—
relevant period, in relation to seized or forfeited money, means the period commencing on the date of the seizure or forfeiture and ending when the money is paid back to the person, or the person compensated in respect of the money, under the Act.

Schedule 1—Revocation of Criminal Assets Confiscation Regulations 1997
The Criminal Assets Confiscation Regulations 1997 are revoked.
Note—
As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.
Made by the Governor
with the advice and consent of the Executive Council
on 16 February 2006
No 31 of 2006
AGO0437/02CS