Bill
Crimes Legislation Amendment (Unexplained Wealth and Other Measures) Bill 2014
passed, as at 2015-02-25. Justice portfolio.
- Sponsor
- Not recorded
- Portfolio
- Justice
Recorded stages
- introduced — 2014-03-05
- second reading — 2014-03-05
- second reading — 2014-09-22
- second reading — 2014-09-24
- second reading — 2014-09-25
- second reading — 2014-09-25
- third reading — 2014-09-25
- introduced — 2014-09-30
- second reading — 2014-09-30
- second reading — 2015-02-09
- second reading — 2015-02-09
- committee — 2015-02-09
- third reading — 2015-02-09
- passed — 2015-02-09
- royal assent — 2015-02-25
Divisions
Plain-language summary
Written by a model from the explanatory memorandum; not the record, as at 2014-03-05.
The bill would change the Proceeds of Crime Act 2002 to strengthen how police and prosecutors investigate and remove unexplained wealth from crime.
It would adopt eight recommendations from a 2012 parliamentary committee to improve evidence gathering, streamline court orders, restrict legal access to restrained assets, and require annual reporting to Parliament.
The AFP would need to report annually to the Parliamentary Joint Committee on Law Enforcement on unexplained wealth investigations and litigation, and the committee could ask federal agencies for more details.
- Add a statement to the law's objects clause about stopping the profit of crime.
- Allow evidence for unexplained wealth cases to be taken under a search warrant.
- Ease the number of sworn statements needed for a preliminary unexplained wealth order.
- Let a court extend the deadline for serving notice on certain unexplained wealth orders.
- Harmonise the rules on using restrained assets for legal fees with other proceeds of crime cases.
- Require the AFP Commissioner to report yearly to the parliamentary committee on unexplained wealth litigation.
The AFP, the Parliamentary Joint Committee on Law Enforcement, and people who face unexplained wealth proceedings and their legal representatives.
Sources
em
billhome
frl act