S. 3(1) def. of legal practitioner inserted by No. 18/2005 s. 18(Sch. 1 item 17.1). legal practitioner means an Australian legal practitioner within the meaning of the Legal Profession Act 2004; monitoring order means an order made under section 116; S. 3(1) def. of occupier inserted by No. 63/2003 s. 5(1). occupier, in Part 11A, means a person who appears to be an occupier of, or to be in charge of, the premises and to be aged 18 years or more; s. 3 pecuniary penalty order means an order made under Part 8; S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 25.1(a)). police officer has the same meaning as in the Victoria Police Act 2013; S. 3(1) def. of premises amended by No. 63/2003 s. 4(4). premises includes vessel, aircraft, vehicle and any place (other than a public place), whether built upon or not; proceeds, in relation to an offence, means any property that is derived or realised, directly or indirectly, by any person from the commission of the offence; production order means an order made under section 101; property means real or personal property of every description, whether situated within or outside and whether tangible or intangible, and includes any interest in any such real or personal property;
S. 16(2A) inserted by No. 87/2004 s. 8(1), repealed by No. 68/2010 s. 41(1). * * * * * S. 16(3) amended by No. 87/2004 s. 8(2). (3) An application under subsection (2) for the purposes of automatic forfeiture may only be made before the end of the relevant period in relation to the conviction. S. 16(4) amended by Nos 87/2004 s. 8(3), 37/2014 s. 10(Sch. item 25.2(b)(ii)). (4) An application under subsection (1) or (2)(b), (c) or (d) must be supported by an affidavit of— s. 16 S. 16(4)(a) substituted by No. 37/2014 s. 10(Sch. item 25.2(b)(i)). (a) a police officer; or (b) a person authorised by or under an Act to prosecute the relevant type of offence— setting out any relevant matters and stating that the police officer or person believes the following matters and setting out the grounds on which the police officer or person holds those beliefs— S. 16(4)(c) amended by No. 68/2009 s. 97(Sch. item 23.16). (c) in the case of an application made in reliance on the proposed charging of the accused with an offence, that the accused will be so charged within the next 48 hours; and S. 16(4)(d) amended by No. 68/2009 s. 97(Sch. item 23.16). (d) that the accused has an interest in the property or the property is tainted property, as the case may be; and
(b) to any other person whom the applicant has reason to believe has an interest in the property. S. 20(3) amended by No. 68/2010 s. 42. (3) Any person referred to in subsection (2) is entitled to appear and to give evidence at the hearing of an application for an order under section 21 or 22 but the absence of that person does not prevent the court from making an order under section 21 or 22. (4) If the person referred to in subsection (2)(a) proposes to contest an application for an exclusion order, that person must give the applicant notice of the grounds on which the application is to be contested. S. 20(5) inserted by No. 87/2004 s. 10(3). (5) If— (a) a court makes a restraining order against property under section 18 in relation to an offence; and S. 20(5)(b) amended by No. 68/2010 s. 13(2)(a). (b) a person claiming an interest in the property is charged with the offence or any other offence— s. 20 any statement made or evidence given by the person in support of an application under this section is admissible against that person in a proceeding for perjury or any proceeding under this Act but is not otherwise admissible in evidence against that person. S. 20(5A) inserted by No. 68/2010 s. 13(1). (5A) If— (a) a court makes a restraining order against property under section 18 in relation to an offence; and (b) a person claiming an interest in the property is charged with the offence or any other offence—
S. 27(8)(b) amended by No. 68/2009 s. 97(Sch. item 23.22(b)). (b) the accused; or (c) any person to whose property the restraining order relates or who has an interest in that property; or (d) a trustee—if the restraining order directed the trustee to take control of property; or (e) any other person who obtains the leave of the court to apply. S. 27(9) inserted by No. 68/2010 s. 15. (9) A court that makes a restraining order may make an order setting aside the restraining order if the restraining order is no longer required or appropriate. S. 27(10) inserted by No. 68/2010 s. 15. (10) An order under subsection (9) may be made on the application of the applicant for the restraining order. 28 Registration of restraining order s. 28 (1) If— (a) a restraining order applies to property of a particular kind; and (b) any law of Victoria provides for the registration of title to, or encumbrances on, or documents relating to the title to property of that kind— the relevant registration authority under that law must, on application to it by the applicant for the restraining order, record on the register the prescribed particulars of the restraining order. (2) Without limiting subsection (1), if a restraining order or an interstate restraining order registered under Part 15 of this Act relates to land under the operation of the Transfer of Land Act 1958, a
S. 31A inserted by No. 63/2003 s. 10. 31A Definition s. 31A In this Part— S. 31A def. of authorised member of the police force substituted as authorised police officer by No. 37/2014 s. 10(Sch. item 25.4). authorised police officer means— (a) a person authorised under section 31B; or (b) a person belonging to a class authorised under section 31B. S. 31B inserted by No. 63/2003 s. 10. 31B Chief Commissioner of Police may authorise police to apply for freezing orders For the purposes of applying for a freezing order under this Part, the Chief Commissioner of Police may authorise in writing the following— S. 31B(a) amended by No. 37/2014 s. 10(Sch. item 25.5). (a) a police officer; or S. 31B(b) amended by No. 37/2014 s. 10(Sch. item 25.5). (b) a class of police officer. S. 31C inserted by No. 63/2003 s. 10. 31C Freezing order (1) A freezing order is an order that a financial institution must not allow a person to make withdrawals from a specified account— (a) that is held in the person's name or in the name of the person and another person; or (b) in which the person has an interest—
S. 31I(5) amended by No. 68/2010 s. 48(2)(d). (5) If the Magistrates' Court extends the duration of a freezing order and, on the determination of an application for a restraining order or a civil forfeiture restraining order, a restraining order or a civil forfeiture restraining order, as the case requires, is not made in respect of the money in the account to which the freezing order applies, the applicant for the extension of the freezing order must give a written notice to the relevant financial institution stating that the extended freezing order has ceased to be in force. s. 31I S. 31I(6) amended by No. 68/2010 s. 48(2)(e). (6) A written notice under subsection (5) must be given as soon as practicable, but not more than 6 hours after the application for the restraining order or the civil forfeiture restraining order, as the case requires, is determined. (7) A freezing order that has been extended under subsection (2) ceases to be in force— S. 31I(7)(a) amended by No. 68/2010 s. 48(2)(f). (a) when a restraining order or a civil forfeiture restraining order is made in respect of the money in the account to which the freezing order applies; or S. 31I(7)(b) amended by No. 68/2010 s. 48(2)(f). (b) if a restraining order or a civil forfeiture restraining order is not made in respect of the money in the account to which the freezing order applies, when the financial institution is given notice under subsection (5) that the extended freezing order has ceased to be in force. S. 31J inserted by No. 63/2003 s. 10. 31J Report to Magistrates' Court on freezing order s. 31J (1) If a freezing order is made, the person who applied for the freezing order must give a report in writing to the registrar of the Magistrates' Court— (a) stating whether or not notice of the freezing order was given to the financial institution in accordance with section 31G; and
(b) setting out the date on and time at which the freezing order— (i) took effect; and (ii) ceased to be in force; and (c) stating whether or not the freezing order was extended. (2) A report under this section must be made— (a) within 7 days after the freezing order ceases to be in force; or (b) if notice of the freezing order was not given to the financial institution, within 7 days after the freezing order was made. S. 31K inserted by No. 63/2003 s. 10. 31K Failure to comply with freezing order (1) A financial institution that has been given notice of a freezing order must not, without reasonable excuse, fail to comply with the order. Level 5 fine (1200 penalty units maximum). (2) An offence against this section is a summary offence. S. 31L inserted by No. 63/2003 s. 10. 31L Offence to disclose existence of freezing order (1) While a freezing order is in force, a financial institution that has been given notice of a freezing order must not disclose the existence or operation of the freezing order to any person except— S. 31L(1)(a) substituted by No. 37/2014 s. 10(Sch. item 25.6(a)). (a) a police officer; or (b) an officer or agent of the financial institution, for the purpose of ensuring that the freezing order is complied with; or (c) a legal practitioner acting for the financial institution, for the purpose of obtaining legal
Act 1991 in relation to the same conviction and, accordingly, may defer the determination of an application under section 32(1) until the application under the Sentencing Act 1991 has been determined. (7) The making of a forfeiture order does not prevent the making of a pecuniary penalty order. 34 Consent orders s. 34 (1) Subject to section 12, a court may make a forfeiture order by consent of the applicant and the respondent and of any person whom it has reason to believe has an interest in property in respect of which the order is made. S. 34(2) amended by No. 43/1998 s. 36(c). (2) A law enforcement agency or an applicant for a forfeiture order must not enter into an agreement to settle any matter in respect of which a forfeiture order could be made under this Division and which involves the payment of money or the transfer of property to the Minister except— (a) by way of a consent order under subsection (1); or (b) as restitution of stolen property; or (c) as compensation for loss or destruction of, or damage to, property; or S. 34(2)(d) amended by No. 87/2004 s. 22(1)(e). (d) with the approval of the Supreme Court or the court before which the person was convicted of the Schedule 1 offence. Pt 3 Div. 1A (Heading and ss. 34A–34C) inserted by No. 63/2003 s. 12. Pt 3 Div. 1A (Heading) amended by No. 68/2010 s. 17. Division 1A—Tainted property substitution order
(c) that the property which is to be substituted for the property referred to in paragraph (a)— S. 34C(1)(c)(i) amended by Nos 87/2004 s. 22(1)(g), 68/2009 s. 97(Sch. item 23.27). (i) is property in which the accused had an interest at the time that the Schedule 1 offence was committed; and (ii) is of the same nature or description as the property referred to in paragraph (a). (2) The court may make a tainted property substitution declaration whether or not the value of the property which is not available for forfeiture is equal to the value of the property which is to be substituted for that property. S. 34C(3) amended by Nos 87/2004 s. 22(1)(g), 68/2009 s. 97(Sch. item 23.27). (3) A court must not make a tainted property substitution declaration in respect of any property if, at the time of the commission of the Schedule 1 offence, the accused did not have an interest in the property. (4) If the court makes a tainted property substitution declaration in respect of property, that property— (a) is substituted for the property which is not available for forfeiture; and (b) is deemed to be tainted property for the purposes of this Act. Division 2—Automatic forfeiture after conviction 35 Automatic forfeiture of restrained property on conviction of certain offences s. 35 S. 35(1) amended by Nos 43/1998 s. 36(d), 42/2007 s. 9. (1) If—
S. 36M inserted by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21–23), amended by No. 55/2014 s. 6(2) (ILA s. 39B(1)). 36M Determination of application for civil forfeiture restraining order s. 36M (1) On an application under section 36K for a civil forfeiture restraining order, the Supreme Court or the County Court, as the case requires, must make a civil forfeiture restraining order if it is satisfied that— S. 36M(1)(a) amended by No. 55/2014 s. 6(1). (a) the deponent of the affidavit supporting the application does suspect that the property is tainted property; and (b) there are reasonable grounds for that suspicion. S. 36M(2) inserted by No. 55/2014 s. 6(2). (2) To avoid doubt, if an application under section 36K for a civil forfeiture restraining order in respect of property is made in relation to more than one Schedule 2 offence, the court may be satisfied that the deponent of the affidavit reasonably suspects that the property is tainted property despite the deponent being unable to specify— (a) in relation to which of the Schedule 2 offence or offences the property is tainted; or (b) the extent to which the property is tainted in relation to each of the Schedule 2 offences. S. 36N inserted by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21–23). 36N Notice of civil forfeiture restraining order to be given to persons affected (1) If— (a) a civil forfeiture restraining order is made in respect of property of a person; and (b) notice had not been given to that person of the application for the civil forfeiture restraining order—
(a) by way of a consent order under subsection (1); or (b) as restitution of stolen property; or (c) as compensation for loss or destruction of, or damage to, property; or (d) with the approval of the court. S. 40 substituted by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21–23). 40 Forfeiture of property that may be used as evidence in trial A civil forfeiture order may be made in respect of any interest in property that may have evidentiary value in any criminal proceedings but the property must not be disposed of or otherwise dealt with before the end of the appeal period in relation to those proceedings. Division 3—Orders for exclusion from civil forfeiture orders S. 40A inserted by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21–23). 40A Application for exclusion from civil forfeiture order s. 40A (1) Subject to subsections (2) and (4), if property is forfeited to the Minister under section 38, a person who claims to have had an interest in the property immediately before it was forfeited may apply to the court that made the relevant civil forfeiture order under section 38 for a section 40B exclusion order excluding the interest in the property from the civil forfeiture order. Note Only the Supreme Court or the County Court can make a civil forfeiture order under section 38. (2) Subject to subsection (3), the application must be made before the end of the period of 60 days commencing on the day on which the property is forfeited to the Minister.
that person must give the applicant for the exclusion order written notice of the grounds on which the application is to be contested. 50 Determination of exclusion application—forfeiture order s. 50 (1) On an application made under section 49— S. 50(1)(a) amended by No. 42/2007 s. 10(1)(a). (a) if the court is not satisfied that the property in which the applicant claims an interest is not tainted property, the court may make an order excluding the applicant's interest in the property from the operation of the forfeiture order if satisfied that— S. 50(1)(a)(i) amended by No. 87/2004 s. 22(1)(l). (i) the applicant was not, in any way, involved in the commission of the Schedule 1 offence; and S. 50(1)(a)(ii) amended by Nos 87/2004 s. 22(1)(l), 68/2009 s. 97(Sch. item 23.38). (ii) where the applicant acquired the interest before the commission of the Schedule 1 offence, the applicant did not know that the accused would use, or intended to use, the property in, or in connection with, the commission of the Schedule 1 offence; and S. 50(1)(a)(iii) amended by No. 87/2004 s. 22(1)(l). (iii) where the applicant acquired the interest at the time of or after the commission of the Schedule 1 offence, the applicant acquired the interest without knowing, and in circumstances such as not to arouse a reasonable suspicion, that the property was tainted property; and S. 50(1)(a)(iv) substituted by No. 42/2007 s. 10(2), amended by No. 68/2009 s. 97(Sch. item 23.38). (iv) the applicant's interest in the property was not subject to the effective control of the accused on the earlier of the date that the accused was charged with the Schedule 1 offence or the date that the
restraining order was made in relation to the property; and S. 50(1)(a)(v) amended by No. 68/2009 s. 97(Sch. item 23.38). (v) where the applicant acquired the interest from the accused, directly or indirectly, that it was acquired for sufficient consideration; or S. 50(1)(b) substituted by No. 43/1998 s. 19, amended by No. 42/2007 s. 10(1)(b). (b) if the court is satisfied that the property is not tainted property, the court may make an order excluding the applicant's interest in the property from the operation of the forfeiture order. (2) If the court makes an order under subsection (1), the court may also make an order declaring the nature, extent and value of the applicant's interest in the property. 51 Application for exclusion from automatic forfeiture s. 51 S. 51(1) amended by Nos 43/1998 s. 36(m), 68/2009 s. 97(Sch. item 23.39). (1) If property is forfeited to the Minister under section 35, a person (other than the accused) who claims to have had an interest in the property immediately before it was forfeited may, subject to subsections (2) and (4), apply to the court that made the relevant restraining order for an order under section 52. S. 51(2) amended by No. 43/1998 s. 36(m). (2) The application must, subject to subsection (3), be made before the end of the period of 60 days commencing on the day on which the property is forfeited to the Minister. S. 51(3) amended by No. 77/2013 s. 13(1). (3) Subject to subsection (5A), the court that made the relevant restraining order may grant a person leave to apply after the end of the period referred to in subsection (2) if it is satisfied that the delay in making the application is not due to neglect on the part of the applicant. (4) An application for an order under section 52 in relation to an interest in property must not be made by a person who was given notice of—
applicant written notice of the grounds on which the application is to be contested. 52 Determination of exclusion application—automatic forfeiture s. 52 S. 52(1) amended by No. 42/2007 s. 11(1). (1) On an application made under section 51, the court may make an order excluding the applicant's interest in property from the operation of section 35— S. 52(1)(a) amended by No. 42/2007 s. 11(2). (a) if the court is not satisfied that the property in which the applicant claims an interest is not tainted property or derived property but is satisfied that— S. 52(1)(a)(i) amended by No. 87/2004 s. 22(1)(m). (i) the applicant was not, in any way, involved in the commission of the Schedule 2 offence; and S. 52(1)(a)(ii) amended by Nos 87/2004 s. 22(1)(m), 68/2009 s. 97(Sch. item 23.40). (ii) where the applicant acquired the interest before the commission of the Schedule 2 offence, the applicant did not know that the accused would use, or intended to use, the property in, or in connection with, the commission of the Schedule 2 offence; and S. 52(1)(a)(iii) amended by Nos 87/2004 s. 22(1)(m), 42/2007 s. 11(2). (iii) where the applicant acquired the interest at the time of or after the commission of the Schedule 2 offence, the applicant acquired the interest without knowing, and in circumstances such as not to arouse a reasonable suspicion, that the property was tainted property or derived property; and S. 52(1)(a)(iv) substituted by No. 42/2007 s. 11(3), amended by No. 68/2009 s. 97(Sch. item 23.40). (iv) the applicant's interest in the property was not subject to the effective control of the accused on the earlier of the date that the accused was charged with the Schedule 2 offence or the date that the
(1) A pecuniary penalty order under this Division is discharged— S. 62(1)(a) amended by No. 68/2009 s. 97(Sch. item 23.46). (a) if the conviction in reliance on which the order was made is subsequently set aside; or (b) if— (i) in reliance on the deemed conviction of a person under section 4(1)(d), a pecuniary penalty order has been made under this Division against the person; and S. 62(1)(b)(ii) amended by No. 37/2014 s. 10(Sch. item 25.8). (ii) after the making of the order, the person surrenders to a police officer or is found or becomes for any other reason amenable to justice; and (iii) the person is acquitted, on appeal or otherwise; or (c) if it is discharged by the court which hears an appeal against it under section 142; or (d) if the pecuniary penalty is paid. S. 62(1A) inserted by No. 68/2010 s. 20. (1A) Property forfeited to the Minister under this Act must not be taken into account in determining whether a pecuniary penalty order is discharged. S. 62(2) amended by No. 43/1998 s. 39(c). (2) If a pecuniary penalty order is registered under the Service and Execution of Process Act 1992 of the Commonwealth, notice of the discharge of that order must be given as prescribed by the rules of the Supreme Court.
(d) issues connected with the effective management and maintenance of any property referred to in paragraph (c), including any income, expenditure or liabilities in relation to the property. S. 98(2A) inserted by No. 63/2003 s. 28, amended by Nos 87/2004 s. 20(3), 68/2009 s. 97(Sch. item 23.62). (2A) In determining whether it is appropriate to make an order under subsection (2) in respect of an accused who has been charged with a Schedule 1 offence or a Schedule 2 offence, the likelihood of the accused being convicted of the offence is not a relevant consideration. s. 98 (3) An application for an order under subsection (2) may be made by a relevant person to— S. 98(3)(a) amended by Nos 87/2004 s. 20(4), 68/2009 s. 97(Sch. item 23.62(b)), 68/2010 s. 60(b). (a) if a restraining order is or has been made in reliance on the charging or conviction of the accused, the court which made the restraining order; or S. 98(3)(ab) inserted by No. 68/2010 s. 60(c). (ab) if a civil forfeiture restraining order is or has been made in relation to a Schedule 2 offence, the court which made the civil forfeiture restraining order; or (b) in any other case, any court. S. 98(4) amended by No. 68/2009 s. 97(Sch. item 23.62(b)). (4) The applicant must give written notice of an application under this section to the accused and any person whom the applicant seeks to examine under the order. S. 98(5) amended by No. 87/2004 s. 20(5). (5) For the purposes of an application under this section in respect of a Schedule 2 offence, it does not matter that the charge has been withdrawn or finally determined. 99 Examination s. 99
court, to the Chief Commissioner of Police in Victoria; and S. 120(1)(b) amended by No. 87/2004 s. 22(2)(p). s. 120 (b) documents or things seized, copies or extracts of documents produced, and information obtained under the corresponding law in respect of a Schedule 1 offence— S. 120(1)(b)(i) amended by No. 43/1998 s. 39(g). (i) are to be transmitted to the Chief Commissioner of Police in ; and (ii) when no longer required for the purposes of investigation of, or proceedings in respect of the offence, are to be returned, unless disposed of by order or direction of a court, to the appropriate law enforcement agency in the place in which they were seized. (2) The owner of a document or thing returned to the Chief Commissioner of Police in accordance with arrangements under subsection (1) is entitled to its return. (3) The right referred to in subsection (2) is enforceable by action in detinue in a court of competent jurisdiction. Pt 13 Div. 6 (Heading and ss inserted by No. 63/2003 s. 31. Division 6—Document requests S. 120A inserted by No. 63/2003 s. 31, amended by No. 68/2010 s. 29(1) (ILA s. 39B(1)). 120A When a document request may be made s. 120A (1) If, under a memorandum of understanding entered into under section 78A, the Secretary has responsibility for property, the Secretary may request any person whom the Secretary believes has possession or control of documents that relate to the maintenance and management of that
(4) The provisions of this section are additional to, and do not take away from, any other provision of this Act prohibiting or limiting the disclosure of information. 141 Court may hear applications at same time S. 141(1) amended by No. 87/2004 s. 22(2)(t). s. 141 (1) If an application for a civil forfeiture order, forfeiture order or pecuniary penalty order or a disposal order is made to a court before which a person was convicted of a Schedule 1 offence— (a) the application may be dealt with by that court; and (b) any function or power may be exercised and any duty may be performed by that court in relation to the civil forfeiture order, forfeiture order or pecuniary penalty order or disposal order— whether or not that court is constituted in the same way as it was constituted when the person was convicted of the offence. (2) A court may hear and determine at the same time— (a) 2 or more applications under this Act; or (b) applications under this Act and the Proceeds of Crime Act 1987 of the Commonwealth. S. 141A inserted by No. 68/2010 s. 31. 141A Arrangements to avoid operation of Act s. 141A (1) In this section— scheme means— (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceeding; or
is directed to a named person and is deemed to have, and always to have had, effect according to its tenor. (2) Subsection (1) does not affect the rights of the parties in the proceeding known as Director of Public Prosecutions (Vic.) v. Navarolli and Mokbel (No. 1545 of 2005) in the Supreme Court of Victoria. S. 145 amended by No. 63/2003 s. 35 (ILA s. 39B(1)). 145 Supreme Court—limitation of jurisdiction (1) It is the intention of sections 55(10), 56(6), 57(6), 106(3) and 119(7) to alter or vary section 85 of the Constitution Act 1975. S. 145(2) inserted by No. 63/2003 s. 35. (2) It is the intention of section 118L to alter or vary section 85 of the Constitution Act 1975. 146 Regulations (1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. (2) The regulations— (a) may be of general or limited application; and (b) may differ according to differences in time, place or circumstance. 147 Rules of court Rules of court made by the authority having for the time being power to make rules regulating the
and Other Acts Amendment Act 2011, the offence is alleged to have been committed before that commencement. S. 186 inserted by No. 73/2011 s. 18. 186 Sex Work and Other Acts Amendment Act 2 offences transitional provision S. 186(1) amended by No. 77/2013 s. 14. (1) Clause 2(ba), (bb), (bc) and (bd) of Schedule 2, as inserted by section 17 of the Sex Work and Other Acts Amendment Act 2011, apply to an offence alleged to have been committed on or after the commencement of section 17 of that Act. (2) For the purposes of subsection (1), if an offence is alleged to have been committed between two dates, one before and one on or after the commencement of section 17 of the Sex Work and Other Acts Amendment Act 2011, the offence is alleged to have been committed before that commencement. S. 187 inserted by No. 82/2012 s. 157. 187 Transitional—Independent Broad-based Commission Act 2011 s. 187 (1) Any application made by the Director that has not been determined before the commencement day is taken, on and from the commencement day, to be an application made by the IBAC Commissioner. (2) Any monitoring order in force immediately before the commencement day that specifies the Office of Police Integrity as the law enforcement agency to which the information is to be given continues in force, on and from the commencement day, and is taken to specify that the law enforcement agency to which the information is to be given is the IBAC within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011.
(e) section 24(1) (making objectionable film); Sch. 1 (f) section 25(1) (sale of unclassified or RC publication); (g) section 31(1) (possession or copying of unclassified or RC publication for purpose of sale); (h) section 32(1) (producing objectionable publication); (i) section 34 (sale or demonstration of computer game); (j) section 36(1) (sale or demonstration of unclassified or RC computer game); (k) section 45(1) or (2) (possession or copying of unclassified or RC computer game for purpose of sale or demonstration); (l) section 57(1) (publication or transmission of objectionable material). Sch. 1 item 5AA inserted by No. 75/2011 s. 27(a). 5AA. An offence against any of the following provisions of the Domestic Animals Act 1994, where the offence relates to the conduct of a breeding domestic animal business within the meaning of that Act— (a) section 45 (conduct domestic animal business on unregistered premises); (b) section 63A (non-compliance with Code of Practice), where it is the second or subsequent offence against that section. Sch. 1 item 5A inserted by No. 63/2003 s. 36(1). 5A. An offence against section 54(5) of the Dangerous Goods Act 1985 (selling or otherwise dealing with an unauthorised explosive). 6. An offence against any of the following provisions of the Fisheries Act 1968: (a) section 13C(8) (exceeding abalone catch quota);
Sch. 2 (Heading) substituted by No. 87/2004 s. 22(2)(z). Sch. 2 1. An offence against any of the following provisions of the Drugs, Poisons and Controlled Substances Act 1981: Sch. 2 cl. 1(a) substituted by No. 61/2001 s. 11(1)(a). (a) section 71 (trafficking in a quantity of a drug or drugs of dependence that is not less than the large commercial quantity applicable to that drug or those drugs); Sch. 2 cl. 1(ab) inserted by No. 61/2001 s. 11(1)(a). (ab) section 71AA (trafficking in a quantity of a drug or drugs of dependence that is not less than the commercial quantity applicable to that drug or those drugs); Sch. 2 cl. 1(ac) inserted by No. 63/2003 s. 37(1). (ac) section 71AB (trafficking in a drug of dependence to a child) where— (i) the drug of dependence is a drug specified in Part 3 of Schedule Eleven to that Act; and (ii) the quantity of the drug of dependence trafficked is not less than the automatic forfeiture quantity specified in column 2B of Part 3 of Schedule Eleven to that Act applicable to that drug; Sch. 2 cl. 1(ad) inserted by No. 63/2003 s. 37(1). (ad) section 71AC (trafficking in a drug of dependence) where— (i) the drug of dependence is a drug specified in Part 3 of Schedule Eleven to that Act; and (ii) the quantity of the drug of dependence trafficked is not less than the automatic forfeiture quantity specified in column 2B of Part 3 of Schedule Eleven to that Act applicable to that drug; Sch. 2 cl. 1(b) substituted by No. 61/2001 s. 11(1)(b). (b) section 72 (cultivation of a narcotic plant in a quantity of a drug of dependence, being a narcotic