Statute Details
- Title: Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) (Composition of Offences) Regulations 2019
- Act Code: CDTOSCCBA1992-S863-2019
- Type: Subsidiary Legislation (SL)
- Authorising Act: Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Chapter 65A)
- Enacting authority: Minister for Home Affairs
- Enacting formula (power invoked): Powers conferred by section 60(2) of the Act
- Citation: No. S 863
- Commencement: 1 January 2020
- Made on: 23 December 2019
- Key provisions: Section 1 (Citation and commencement); Section 2 (Compoundable offences)
- Current status: Current version as at 27 Mar 2026
- Amendment history (as reflected in the extract): Amended by S 489/2023 (w.e.f. 31/12/2021); S 75/2024 (w.e.f. 08/02/2024); S 665/2024 (w.e.f. 26/08/2024)
What Is This Legislation About?
The Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) (Composition of Offences) Regulations 2019 (“Composition Regulations”) is a short set of subsidiary legislation that enables certain offences under the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (the “Act”) to be dealt with by composition rather than full criminal prosecution.
In practical terms, “composition” is a mechanism where the Minister (or an authorised person) may agree to resolve an offence by imposing a composition sum and related conditions, thereby avoiding the time, cost, and uncertainty of a trial. The Regulations identify which specific offences are eligible for this process and anchor the procedure to the Act’s composition framework.
Although the Regulations themselves contain only two operative provisions, they are legally significant because they determine the scope of offences that can be compounded. For practitioners, the key question is not merely whether composition exists in the Act, but which offences fall within the Regulations’ compoundable list and how that list interacts with the Act’s procedural safeguards and consequences.
What Are the Key Provisions?
Section 1: Citation and commencement. Section 1 provides the formal title and states that the Regulations come into operation on 1 January 2020. This matters for practitioners when assessing whether a composition offer could be made for conduct occurring before or after commencement, and for determining the applicable version of the subsidiary legislation.
Section 2: Compoundable offences. Section 2 is the core provision. It states that any offence under section 55A(1) or (2), 60(2) or 62(2) of the Act may be compounded by the Minister, or any person authorised by the Minister in writing, in accordance with section 81(1) of the Act.
This provision does two things at once:
- It identifies the eligible offences. Only offences falling within the specified Act provisions are compoundable under these Regulations.
- It cross-references the Act’s composition procedure. The Regulations do not set out the composition mechanics (e.g., how the composition sum is determined, what happens if the accused accepts or refuses). Instead, they direct the reader to section 81(1) of the Act for the governing legal framework.
Understanding the cross-reference to section 81(1) of the Act. While the extract provided does not reproduce section 81(1), the legal effect of the cross-reference is clear: the Minister’s power to compound is exercised “in accordance with” the Act’s statutory conditions. Practitioners should therefore treat the Regulations as a gateway (which offences are eligible) and the Act as the operating manual (how composition is administered and what consequences follow).
Amendments and legal continuity. The extract indicates that the Regulations have been amended by S 489/2023 (w.e.f. 31/12/2021), S 75/2024 (w.e.f. 08/02/2024), and S 665/2024 (w.e.f. 26/08/2024). Even where the text of Section 2 appears stable in the extract, amendments can affect (i) the scope of compoundable offences, (ii) the drafting of cross-references, or (iii) the procedural or interpretive context. For casework, counsel should always confirm the current version as at the relevant date and check the amendment annotations to ensure that the compoundable list and the composition framework were not altered for the relevant period.
How Is This Legislation Structured?
The Composition Regulations are structured as a very concise instrument with:
- Section 1 (Citation and commencement): establishes the legal identity of the Regulations and the date they take effect.
- Section 2 (Compoundable offences): specifies which offences under the Act can be compounded and confirms that the composition must be carried out under the Act’s composition provisions (section 81(1)).
There are no additional parts, schedules, or detailed procedural rules in the Regulations themselves. This is typical of subsidiary legislation that is designed to “activate” a power already contained in the parent Act—here, the power to compound certain offences.
Who Does This Legislation Apply To?
The Regulations apply to persons alleged to have committed offences under the specified provisions of the Act: section 55A(1) or (2), 60(2), or 62(2). In other words, the Regulations are relevant to accused persons, their legal representatives, and enforcement authorities when considering whether a composition route is available.
Because the Regulations empower the Minister for Home Affairs (or a person authorised by the Minister in writing) to compound, the instrument also applies to the administrative decision-making process. Practitioners should therefore view the Regulations as governing the eligibility and administrative authority for composition, while the Act governs the substantive and procedural consequences.
Why Is This Legislation Important?
Although the Composition Regulations are brief, they can be highly consequential in practice. For defendants facing serious allegations connected to corruption, drug trafficking, or other serious crimes and the confiscation of benefits, composition may offer a pragmatic alternative to prosecution. This can be particularly relevant where the evidential position is complex, where the accused is willing to resolve the matter, or where the legal strategy favours an administrative resolution rather than a contested trial.
From a practitioner’s perspective, the Regulations matter because they define the boundaries of discretion. Composition is not available for every offence under the Act; it is limited to the offences expressly listed in Section 2. This means that counsel must carefully map the alleged conduct to the correct offence provision in the Act. If the alleged offence falls outside the listed sections, composition may not be available under these Regulations, and the matter would proceed through the ordinary criminal process.
Further, the Regulations’ reliance on the Act’s section 81(1) underscores that composition is a statutory process with legal consequences. Practitioners should therefore approach composition not as a purely discretionary settlement, but as a mechanism operating within a legal framework that likely includes requirements such as acceptance of terms, payment of a composition sum, and the effect of composition on further proceedings. In advising clients, counsel should obtain and review the relevant composition terms and ensure that the client understands the legal implications of accepting composition.
Finally, the amendment history signals that the compoundable landscape can evolve. Even if the Regulations remain short, amendments can change what is compoundable and when. For ongoing matters, counsel should confirm the version applicable at the time the alleged conduct occurred and at the time composition is being considered.
Related Legislation
- Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Chapter 65A) — in particular:
- Section 55A (offences referenced in the Regulations)
- Section 60 (offences referenced in the Regulations)
- Section 62 (offences referenced in the Regulations)
- Section 60(2) (authorising power for the Regulations)
- Section 81(1) (composition procedure cross-referenced by Section 2 of the Regulations)
Source Documents
This article provides an overview of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) (Composition of Offences) Regulations 2019 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.