Victorian Numbered Regulations Victorian Numbered RegulationsAfter Schedule 4A to the Principal Regulations insert —
" SCHEDULE 4B
Regulation 9B
NOTICE REQUIRING DECLARATION OF PROPERTY INTERESTS—UNEXPLAINED WEALTH RESTRAINING ORDER
Section 40K
IMPORTANT: DO NOT IGNORE THIS DOCUMENT
As soon as you get this notice you should get legal advice to help you understand the notice and your obligations under the notice. Contact your lawyer or a community legal centre for advice.
( Information to the effect of the above advice to be printed in the English, Arabic, Cambodian, Chinese, Croatian, Greek, Italian, Macedonian, Polish, Serbian, Spanish, Turkish and Vietnamese languages. )
To: ( insert name and address )
WHY YOU HAVE RECEIVED THIS NOTICE
A court has made an unexplained wealth restraining order in respect of certain property under the Confiscation Act 1997 . A copy of the unexplained wealth restraining order should be attached to this notice. The unexplained wealth restraining order describes the property that has been restrained.
You have received this notice because the person who applied for the unexplained wealth restraining order believes that you have an interest in some or all of the property described in the unexplained wealth restraining order.
WHAT YOU MUST DO
You must make a declaration in writing. You may use the attached form to make your declaration.
The declaration must state—
• whether or not you have an interest in the property described in the unexplained wealth restraining order; and
• whether or not you believe that any other person has an interest in the property described in the unexplained wealth restraining order.
An interest in property is defined in section 3(1) of the Confiscation Act 1997 as meaning a legal or equitable estate or interest in the property, or a right, power or privilege over, or in connection with, the property.
If you have an interest in the property, you must also state in the declaration the nature and extent of that interest, including—
• in relation to a mortgage, the current value of the debt secured by the mortgage; and
• in relation to any security interest other than a mortgage, the current value of the debt secured by the interest in the property.
The nature of an interest in land, for example, may be an interest in fee simple, a leasehold interest or a security interest such as a mortgage. The extent of an interest, for example, may be the whole of the property or some lesser specified interest, such as a half-interest as a tenant in common.
If you believe that any other person has an interest in the property described in the unexplained wealth restraining order, you must state to the best of your knowledge the name and address of every such person in the declaration.
You must give the declaration to a police officer within 14 days after you were given this notice.
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Address for delivery of declaration: | |
WARNING
If you fail, without reasonable excuse, to make a declaration and give the declaration to a police officer within 14 days, you may be charged with a criminal offence and prosecuted under section 40O(1) of the Confiscation Act 1997 .
If you make a false or misleading statement in your declaration, you may be charged and prosecuted under section 40O(3) of the Confiscation Act 1997 .
If you are found guilty of either of these offences, you may be liable to a maximum penalty of 60 penalty units.
A statement made by you in a declaration of property interests, and any information, document or thing obtained as a consequence of such a statement, is admissible against you in a proceeding for making a false or misleading statement in the declaration or in any proceeding under the Confiscation Act 1997 , but is not otherwise admissible in evidence against you.
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SCHEDULE 4C
Regulation 9C
NOTICE REQUIRING DECLARATION OF PROPERTY INTERESTS—PERSON SUSPECTED OF ENGAGING IN SERIOUS CRIMINAL ACTIVITY
Section 40M
IMPORTANT: DO NOT IGNORE THIS DOCUMENT
As soon as you get this notice you should get legal advice to help you understand the notice and your obligations under the notice. Contact your lawyer or a community legal centre for advice.
( Information to the effect of the above advice to be printed in the English, Arabic, Cambodian, Chinese, Croatian, Greek, Italian, Macedonian, Polish, Serbian, Spanish, Turkish and Vietnamese languages. )
To: ( insert name and address )
WHY YOU HAVE RECEIVED THIS NOTICE
A court has made an unexplained wealth restraining order in respect of certain property under section 40I(1) of the Confiscation Act 1997 . A copy of the unexplained wealth restraining order should be attached to this notice. The unexplained wealth restraining order describes the property that has been restrained.
You have received this notice because the person who applied for the unexplained wealth restraining order believes that you have an interest in some or all of the property described in the unexplained wealth restraining order and because the order was made on the basis that you are suspected of having engaged in serious criminal activity.
WHAT YOU MUST DO
You must make a declaration in writing. You may use the attached form to make your declaration.
The declaration must state—
• the following information identifying your sources of income and property in which you have or have had an interest, regardless of whether or not this property is described in the unexplained wealth restraining order—
(a) particulars of any sources of income you have received, including bequests;
(b) any bank or building society accounts held by you, whether solely or jointly;
(c) any real property in which you hold an interest;
(d) any unit trusts, ledgers, shares or debentures in which you hold an interest;
(e) the amount of any cash held by you, including cash held as virtual currency, and the source of the cash;
(f) any motor vehicles, boats, works of art, livestock or jewellery owned by you that have an individual value of $5000 or more;
(g) any safe deposit boxes held by you;
(h) any charge and credit cards held by you;
(i) any accounts held by you for the purposes of gambling;
(j) any trusts in which you have a beneficial interest;
(k) any transfers of property made by you to another person in the previous 6 years if the total value of those transfers is $50 000 or more;
(l) any transfers of property to you made by another person in the previous 6 years if the total value of those transfers is $50 000 or more; and
• whether or not you have an interest in the property described in the unexplained wealth restraining order; and
• whether or not you believe that any other person has an interest in the property described in the unexplained wealth restraining order.
An interest in property is defined in section 3(1) of the Confiscation Act 1997 as meaning a legal or equitable estate or interest in the property, or a right, power or privilege over, or in connection with, the property.
If you have an interest in the property described in the unexplained wealth restraining order, you must also state in the declaration the nature and extent of that interest, including—
• in relation to a mortgage, the current value of the debt secured by the mortgage; and
• in relation to any security interest other than a mortgage, the current value of the debt secured by the interest in the property.
The nature of an interest in land, for example, may be an interest in fee simple, a leasehold interest or a security interest such as a mortgage. The extent of an interest, for example, may be the whole of the property or some lesser specified interest, such as a half-interest as a tenant in common.
If you believe that any other person has an interest in the property described in the unexplained wealth restraining order, you must state to the best of your knowledge the name and address of every such person in the declaration.
You must give the declaration to a police officer within 28 days after you were given this notice.
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Address for delivery of declaration: | |
WARNING
If you fail, without reasonable excuse, to make a declaration and give the declaration to a police officer within 28 days, you may be charged with a criminal offence and prosecuted under section 40O(2) of the Confiscation Act 1997 .
If you make a false or misleading statement in your declaration, you may be charged and prosecuted under section 40O(3) of the Confiscation Act 1997 .
If you are found guilty of either of these offences, you may be liable to a maximum penalty of 60 penalty units.
A statement made by you in a declaration of property interests, and any information, document or thing obtained as a consequence of such a statement, is admissible against you in a proceeding for making a false or misleading statement in the declaration or in any proceeding under the Confiscation Act 1997 , but is not otherwise admissible in evidence against you.
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Nature and extent of my interest in the restrained property— ( insert statement of nature and extent of interest ) To the best of my knowledge the name and address of person(s) with an interest in the restrained property are— ( insert name(s) and address(es) ) Signature Signature of witness* Date *Declaration may be witnessed by any adult |
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