Bill
Crimes Legislation Amendment (Proceeds of Crime and Other Measures) Bill 2015
passed, as at 2016-02-29. Justice portfolio.
- Sponsor
- Not recorded
- Portfolio
- Justice
Recorded stages
- introduced — 2015-11-26
- second reading — 2015-11-26
- second reading — 2015-12-02
- second reading — 2015-12-03
- second reading — 2015-12-03
- third reading — 2015-12-03
- introduced — 2016-02-02
- second reading — 2016-02-02
- second reading — 2016-02-22
- second reading — 2016-02-22
- committee — 2016-02-22
- committee — 2016-02-23
- third reading — 2016-02-23
- passed — 2016-02-23
- royal assent — 2016-02-29
Divisions
- Gavin Marshall The question is that the bill stand as printed. Nick McKim When we were debating the Crimes Legislation Amendment (Proceeds of Crime and Other Measures) Bill 2015 yesterday we had just had confirmation from the minister who yesterday had carriage of this legislation that in fact a court, even if it formed the view that it was in the interests of justice to stay Proceeds of Crime Act proceedings on one of the grounds that are proposed to be inserted into the legislation in proposed new section 319(2), it was not able to do that solely on those grounds. So let us be very clear about this. The Australian Greens absolutely share concerns raised by the Victorian Bar and Criminal Bar Association, by the Law Council of Australia and by the Australian Human Rights Commission about these provisions. We do not support this parliament seeking to intervene in judicial processes in this country to the extent that, even if a court believes that it is in the interests of justice to stay Proceeds of Crime Act proceedings, it will not be able to do that if the grounds on which it forms that belief are contained in the proposed new section 319(2) of the Proceeds of Crime Act. On that basis the Greens oppose schedule 1 in the following terms: (1) Schedule 1, item 4, page 4 (lines 1 to 31), subsections 319(2), (3), (4) and (5) to be opposed. In support of this proposition I will very briefly read into the record the view of various organisations about proposed new section 319. Before I do that I want to be clear that I have a further amendment. If it were taken together, proposed section 319 not forming part of this legislation— Jacinta Collins Move them together. Nick McKim I will not move it now—thank you, Senator Collins—because amendment (2) is consequential on the first proposition being accepted by the chamber. I make the point that if this proposition is not supported then I will not move amendment (2). It is our very firm policy position that proposed section 319 — 2016-02-23, Senate: affirmative, ayes 30, noes 11
- Sean Edwards Senator McKim, do you intend to proceed with amendment (2)? Nick McKim That amendment would be consequential to the first amendment succeeding, which, obviously, did not happen. On that basis, it will not be proceeded with. Peter Whish-Wilson ) ( ): by leave—I move Greens amendments (1) and (2) on sheet 7845 together: (1) Page 2, clause 2 (table item 2), omit the table item, substitute: (2) Page 12 (after line 22), after Schedule 2, insert: Schedule 2A—Amendments relating to the Corporations Act 2001 _Corporations Act 2001_ 1 Section 9 (after paragraph (a) of the definition of _financial records_ ) Insert: (ab) books, records or accounts needed to explain details of transactions that deal with assets; and 2 After section 190B Insert: 190C Internal accounting controls (1) A director of a corporation must ensure that the corporation has a system of internal accounting controls. (2) To comply with subsection (1), the system must ensure that: (a) transactions are executed in accordance with appropriate authorisation; and (b) transactions are recorded; and (c) assets of the corporation are regularly accounted for and reconciled; and (d) appropriate authorisations are in place in relation to dealing with assets of the corporation. 3 Paragraph 286(1)(a) Repeal the paragraph, substitute: (a) correctly record and explain its financial position and performance; and (ab) correctly record and explain its transactions in sufficient detail so that the record accurately reflects the transactions; and 4 Application provisions The amendments made by items 1 and 3 of this Schedule apply to transactions that occur on or after the commencement of this Schedule. I will not take very long, but I want to spend a few minutes going through why we have put up some amendments to schedule 2, which deals with false-accounting offences. The Greens are supportive of the intention of schedule 2 as it exists. Schedule 2 purports to strengthen the law in relation to the falsification of — 2016-02-23, Senate: negative, ayes 12, noes 27
Plain-language summary
No machine-written summary in this export.
Sources
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