Second Reading Speeches

Proceeds of Crime (Consequential Amendments and Transitional Provisions) Bill 2002

Type
Government
Portfolio
Justice and Customs
Originating house
House of Representatives
Status
Act
Parliament no
40

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Summary

Introduced with the Proceeds of Crime Bill 2002, the bill amends the:

Criminal Code Act 1995
to insert new money laundering offences;
Telecommunications (Interception) Act 1979
to update cross references;
International War Crimes Tribunals Act 1995
in relation to enforcement of foreign restraining and forfeiture orders;
Mutual Assistance in Criminal Matters Act 1987
to: reflect provisions of the new proceeds regime; and relocate provisions which relate to foreign orders and offences;
Financial Transaction Reports Act 1988
to relocate record retention provisions;
Bankruptcy Act 1966
to ensure that bankruptcy is not used to thwart confiscation of proceeds of crime;
Family Law Act 1975
to ensure that property settlements and spousal maintenance cannot be used to defeat confiscation of proceeds of crime;
Administrative Decisions (Judicial Review) Act 1997
so that it does not apply to certain decisions of the Director of Public Prosecutions or an approved examiner;
Australian Federal Police Act 1979
and
Director of Public Prosecutions Act 1983
in relation to the functions of the AFP and the DPP respectively;
Telecommunications (Interception) Act 1979
and
National Crime Authority Act 1984
to include forfeiture proceedings within the meaning of relevant proceedings;
Taxation Administration Act 1953
in relation to access to taxation information; and
Proceeds of Crime Act 1987
to repeal relocated and redundant provisions, including provisions relating to existing money laundering offences. Also makes consequential amendments to 8 other Acts and contains transitional and application provisions.

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