Footnotes
CHAIR'S FOREWORD
[1]
Australian Crime Commission, Annual report, 2010-11, p. 14.
[2] Interpol Resolution No AGN/66/RES/17
October 1997, Money laundering: Investigations and international police
co-operation.
[3]
United Nations Convention against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances 1988, Article 5, Paragraph 7.
[4]
Victoria Police, Submission 4, p. 2.
[5]
Victoria Police, Submission 4, p. 2.
[6]
Senator Steve Hutchins, Senate Hansard, 17 August 2009, p. 5022.
[7]
Parliamentary Joint Committee on the Australian Crime Commission, Inquiry
into the legislative arrangements to outlaw serious and organised crime groups,
p. 117.
[8]
Mr Robert McClelland, Attorney-General, House of Representatives
Hansard, 24 June 2009, p. 6964–6965.
[9]
AGD, Submission 6, p. 6.
[10]
Mr Iain Anderson, AGD, Committee Hansard, 4 November 2011, p. 37.
[11]
AFP, Submission 9, p. 4.
CHAPTER 2 - Overview of Commonwealth unexplained wealth laws
[1]
Tom Sherman, Report on the Independent Review of the Operation of the
Proceeds of Crime Act 2002 (Cth), 2006, p. 4.
[2]
Proceeds of Crime Act 2002, s. 18.
[3]
Mr Kevin Kitson, ACC, Committee Hansard, 6 November 2008, p. 5.
[4]
Inquiry into the legislative arrangements to outlaw serious and
organised crime groups, ACC, Submission 15, p. 11.
[5]
The Parliament Of the Commonwealth of Australia, Report of the
Australian Parliamentary Delegation to Canada, the United States, Italy, Austria,
the United Kingdom and the Netherlands, June 2009, p. 62, http://www.aph.gov.au/Senate/committee/acc_ctte/laoscg/delegation_report/delegationfinal.pdf
[6]
Commander Ian McCartney, AFP, Committee Hansard, 4 November 2011,
p. 8.
[7]
AFP, Submission 9, p. 2.
[8]
Commander Ian McCartney, AFP, Committee Hansard, 10 February 2012,
p. 2.
[9]
Assistant Commissioner Nick Anticich, Western Australian Police,
Committee Hansard, 9 September 2011, p. 4.
[10]
Northern Territory Police, Submission 10, p. 1.
[11]
Mr Tony Negus, Commissioner, AFP, Committee Hansard, 7 March 2012,
p. 2.
[12]
Law Council of Australia, Submission 3 (Supplementary Submission),
p. 16.
[13]
Law Council of Australia, Submission 3 (Supplementary Submission),
p. 4.
[14] Acting
Detective Inspector Hamish McKenzie, Western Australian Police, Committee
Hansard, 9 September 2011, p. 5.
[15]
Commander Ian McCartney, AFP, Committee Hansard, 4 November 2011,
p. 5, Mr Michael Cranston, ATO, Committee Hansard, 4 November 2011, p.
21, Mr Iain Anderson, AGD, Committee Hansard, 4 November 2011, p. 38.
[16]
Mrs Karen Harfield, ACC, Committee Hansard, 4 November 2011, p. 15.
[17]
Attorney-General's Department, Submission 6, p. 1.
[18]
Criminal Assets Bureau, Annual Report 2009, p. 10.
[19]
Criminal Assets Bureau, An Garda Síochána website, accessed 11
November 2011 at http://www.garda.ie/Controller.aspx?Page=28#
[20]
Criminal Assets Bureau, Annual Report 2009, p. 14.
[21]
Criminal Assets Bureau, Annual Report 2009, p. 14.
[22]
Criminal Assets Bureau, Annual Report 2009, p. 15.
[23]
Criminal Assets Bureau, Annual Report 2009, p. 15.
[24]
Criminal Assets Bureau, Annual Report 2009, p. 15.
[25]
Criminal Assets Bureau, Annual Report 2009, p. 16.
[26]
Criminal Assets Bureau, Annual Report 2009, p. 18.
[27]
Criminal Assets Bureau, Annual Report 2009, p. 20.
[28]
Criminal Assets Bureau, Annual Report 2009, p. 22.
[29] The
Parliament Of the Commonwealth of Australia, Report of the Australian
Parliamentary Delegation to Canada, the United States, Italy, Austria, the
United Kingdom and the Netherlands, June 2009, p. 86. http://www.aph.gov.au/Senate/committee/acc_ctte/laoscg/delegation_report/delegationfinal.pdf
[30]
The Parliament of the Commonwealth of Australia, Report of the
Australian Parliamentary Delegation to Canada, the United States, Italy, Austria,
the United Kingdom and the Netherlands, June 2009, pp 86–87. http://www.aph.gov.au/Senate/committee/acc_ctte/laoscg/delegation_report/delegationfinal.pdf
[31]
The Parliament of the Commonwealth of Australia, Report of the
Australian Parliamentary Delegation to Canada, the United States, Italy, Austria,
the United Kingdom and the Netherlands, June 2009, p. 62. http://www.aph.gov.au/Senate/committee/acc_ctte/laoscg/delegation_report/delegationfinal.pdf
[32]
Senate Legal and Constitutional Affairs Legislation Committee, Crimes
Legislation Amendment (Serious and Organised Crime) Bill 2009 [Provisions],
September 2009, p. xi.
[33] Crimes
Legislation Amendment (Serious and Organised Crime) Bill 2009, Schedule of
the amendments made by the Senate, 4 February 2010.
[34]
Proceeds of Crime Act 2002, s. 7.
[35]
Attorney-General's Department, Submission 6, pp 1–2.
[36]
Attorney-General's Department, Submission 6, p. 2.
[37]
Attorney-General's Department, Submission 6, p. 2.
[38]
Attorney-General's Department, Submission 6, p. 2.
[39]
Attorney-General's Department, Submission 6, p. 3.
[40]
Attorney-General's Department, Submission 6, p. 3.
[41]
Attorney-General's Department, Submission 6, p. 4.
[42]
Proceeds of Crime Act 2002, s. 179U.
[43]
AFP, Submission 9, p. 2.
[44]
AFP, ACC, CDPP and ATO, 'ACC, AFP-led taskforce targeting organised
crime’s deep pockets', joint agency media release, 10 March 2011.
[45]
AFP, Submission 9, p. 9.
[46]
AFP, Submission 9, p. 5.
[47]
AFP, Submission 9, p. 4.
[48]
Attorney-General's Department, Submission 6, p. 6.
[49]
AFP, Submission 9, p. 4.
[50]
AFP, Submission 9, p. 5.
[51]
Law Council of Australia, Submission 3, p. 3.
[52]
Mr Iain Anderson, AGD, Committee Hansard, 4 November 2011, p. 37.
[53]
Western Australia Director of Public Prosecutions, Annual Report: 2010-11,
p. 30.
CHAPTER 3 - Issues with Commonwealth unexplained wealth provisions
[1]
See for example, Parliamentary Joint Committee on the Australian Crime
Commission, Legislative arrangements to outlaw serious and organised crime
groups, Final Report, Chapter 5.
[2]
Assistant Commissioner Nick Anticich, Western Australian Police,
Committee Hansard, 9 September 2011, p. 4.
[3] Assistant
Commissioner Nick Anticich, Western Australian Police, Committee Hansard,
9 September 2011, p. 4.
[4]
Law Council of Australia, Submission 3 (supplementary submission),
p. 16.
[5]
Law Council, Submission 3 (supplementary submission), p. 16.
[6]
Dr David Neal, Law Council, Committee Hansard, 10 February 2012,
p. 48.
[7]
Mr Bill Rowlings, Civil Liberties Australia, Committee Hansard, 4
November 2011, p. 44.
[8]
Mr Bill Rowlings, CLA, Committee Hansard, 4 November 2011, p. 39.
[9]
AFP, Submission 9 (Supplementary Submission),
p. 4.
[10]
Commander Ian McCartney, AFP, Committee Hansard, 4 November 2011,
p. 5.
[11]
AFP, Submission 9 (Supplementary Submission), p. 5.
[12]
ACC, Submission 8, p. 5.
[13]
Law Council, Submission 3 (supplementary submission), p. 16.
[14]
Attorney-General's Department, answer to question on
notice, 16 December 2011 (received 1 February 2012), p. 1.
[15]
Proceeds of Crime Act 1996 (Ireland), ss. 2(b).
[16]
Mr Chris Hayes, Report on Parliamentary study leave visit to Europe, 23
September – 10 October 2011, tabled 21 November 2011, p. 31.
[17]
Queensland Law Society, Submission 12, p. 2.
[18]
AGD, answer to question on notice, 16 December 2011 (received 1 February
2012), p. 8.
[19]
AFP, Submission 9 (Supplementary Submission), p. 7.
[20]
Commander Ian McCartney, AFP, Committee Hansard, 10 February 2012,
p. 4.
[21]
AFP, Submission 9 (Supplementary Submission), p. 7.
[22]
AGD, answer to question on notice, 16 December 2011 (received 1 February
2012), p. 13.
[23]
AGD, answer to question on notice, 16 December 2011 (received 1 February
2012), p. 8.
[24]
AGD, answer to question on notice, 16 December 2011 (received 1 February
2012), p. 12.
[25]
Law Council, Submission 3( Supplementary Submission), p. 14.
[26]
AFP, Submission 9, pp 5–6.
[27]
AGD, Submission 6, p. 4.
[28]
AGD, Submission 6, p. 6.
[29]
AFP, Submission 9, p. 6.
[30]
Commander Ian McCartney, AFP, Committee Hansard, 4 November 2011,
p. 6.
[31]
Northern Territory Police, Submission 10, p. 1.
[32]
AFP, Submission 9, p. 6.
[33]
Criminal Code Act 1995, s. 400.9.
[34]
Commander Ian McCartney, AFP, Committee Hansard, 4 November 2011,
p. 9.
[35]
Mr Graeme Davidson, CDPP, Committee Hansard, 4 November 2011, p.
27.
[36]
Australian Constitution, ss. 51(xxix).
[37]
Ms Kate Deakin, ACC, Committee Hansard, 4 November 2011, p. 12.
[38]
Replacement explanatory memorandum to the Crimes Legislation Amendment
(Serious and Organised Crime) Bill (No.2) 2009, item 19, p. 160.
[39]
AGD, Submission 6, p. 2.
[40]
AGD, Submission 6, p. 2.
[41]
Australian Constitution, ss. 51(xxxvii).
[42]
ACC, Submission 8, p. 1.
[43]
ACC, Submission 8, p. 2.
[44]
ACC, Submission 8, p. 2.
[45]
Mrs Karen Harfield, ACC, Committee Hansard, 4 November 2011, p. 11.
[46]
ACC, Submission 8, p. 4.
[47]
ACC, Submission 8, p. 2.
[48]
Mr Graeme Davidson, CDPP, Committee Hansard, 4 November 2011, p.
30.
[49]
ACC, Submission 8, p. 3.
[50]
ACC, Submission 8 (Supplementary Submission), p. 2.
[51]
ACC, Submission 8 (Supplementary Submission), p. 2.
[52]
ACC, Submission 8 (Supplementary Submission), p. 3.
[53]
ACC, Submission 8 (Supplementary Submission), p. 5.
[54]
ACC, Submission 8 (Supplementary Submission), p. 6.
[55]
ACC, Submission 8 (Supplementary Submission), p. 7.
[56]
Ms Sarah Chidgey, AGD, Committee Hansard, 10 February 2011, p. 22.
[57]
AGD, Answer to question on notice, 10 February 2012 (received 29 February
2012), p. 3.
[58]
ACC, Submission 8 (Supplementary Submission), p. 3.
[59]
ACC, Submission 8 (Supplementary Submission), pp 2–3.
[60]
Mr Iain Anderson, AGD, Committee Hansard, 10 February 2010, p. 19.
[61]
ACC, Submission 8 (Second Supplementary Submission), p. 2.
[62]
ACC, Submission 8 (Second Supplementary Submission), pp 2–3.
[63]
Mr Iain Anderson, AGD, Committee Hansard, 10 February 2010, p. 23.
[64]
ACC, Submission 8 (Second Supplementary Submission), p. 4.
[65]
ACC, Submission 8 (Second Supplementary Submission), p. 4.
[66]
AGD, answer to question on notice, 10 February 2012 (received 29 February
2012), p. 4.
[67]
AGD, answer to question on notice, 10 February 2012 (received 29 February
2012), p. 4.
[68]
AGD, answer to question on notice, 10 February 2012 (received 29 February
2012), pp 4–5.
[69]
ACC, Submission 8 (Second Supplementary Submission), pp 5–6.
[70]
ACC, Submission 8 (Second Supplementary Submission), pp 6–7.
[71]
Ms Sarah Chidgey, AGD, Committee Hansard, 10 February 2012, p. 26.
[72]
AFP, Submission 9, p. 15.
[73]
AFP, Submission 9, p. 15.
[74]
AGD, answer to question on notice, 16 December 2011 (received 1 February
2012), p. 3.
[75]
AGD, answer to question on notice, 16 December 2011 (received 1 February
2012), p. 3.
[76]
Crime and Misconduct Commission, Submission 1, pp 2–3.
[77]
AFP, Submission 9, p. 15.
[78]
AFP, Submission 9, p. 15.
[79]
AFP, Submission 9, p. 16.
[80]
ATO, Submission 5, p. 2.
[81]
Commander Ian McCartney, AFP, Committee Hansard, 4 November 2011,
p. 7.
[82]
AGD, answer to question on notice, 16 December 2011 (received 1 February
2012), p. 4.
[83]
AGD, answer to question on notice, 16 December 2011 (received 1 February
2012), p. 4.
[84]
ATO, Submission 5, p. 2.
[85]
Parliamentary Joint Committee on the Australian Crime Commission, Review
of the Australian Crime Commission Act 2002, Final report, p. 56.
[86]
Acting Detective Inspector Hamish McKenzie, Western Australian Police,
Committee Hansard, 9 September 2011, p. 5.
[87]
Mr John Ford, ATO, Committee Hansard, 4 November 2011, p. 22.
[88]
Mr Richard Grant, ACC, Committee Hansard, 4 November 2011, p. 14.
[89]
ACC, Submission 8, p. 4.
[90]
Ms Kate Deakin, ACC, Committee Hansard, 4 November 2011, p. 13.
[91]
ACC, Submission 8, p. 4.
[92]
AGD, answer to question on notice, 16 December 2011 (received 1 February
2012), p. 12.
[93]
AGD, answer to question on notice, 16 December 2011 (received 1 February
2012), p. 12.
[94]
Law Council, Submission 3( Supplementary Submission), p. 14; see
also Queensland Law Society, Submission 12, pp 2–3.
[95]
AFP, Submission 9, p. 13.
[96]
AFP, Submission 9, p. 13.
[97]
AFP, Submission 9, p. 13.
[98]
AFP, Submission 9, p. 13.
[99]
AGD, answer to question on notice, 16 December 2011 (received 1 February
2012), p. 9.
[100] AGD, answer to question on
notice, 16 December 2011 (received 1 February 2012), p. 9.
[101] ACC, Submission 8, p.
5.
[102] Ms Kate Deakin, ACC, Committee
Hansard, 4 November 2011, p. 14.
[103] AGD, answer to question on
notice, 16 December 2011 (received 1 February 2012), p. 5.
[104] Mr Graeme Davidson,CDPP, Committee
Hansard, 10 February 2012, p. 35.
[105] AGD, answer to question on
notice, 16 December 2011 (received 1 February 2012), p. 5.
[106] AGD, answer to question on
notice, 16 December 2011 (received 1 February 2012), p. 5.
[107] AFP, Submission 9, p.
14.
[108] AFP, Submission 9, p.
14.
[109] Queensland Law Society, Submission
12, p. 3.
[110] ACC, Submission 8, p.
5.
[111] Commander Ian McCartney,
AFP, Committee Hansard, 4 November 2011, p. 8.
[112] Queensland Law Society, Submission
12, p. 4.
[113] Mr Graeme Davidson, CDPP, Committee
Hansard, 4 November 2011, p. 31.
[114] Mr Iain Anderson, AGD, Committee
Hansard, 4 November 2011, p. 37.
[115] AGD, answer to question on
notice, 16 December 2011 (received 1 February 2012), p. 8.
[116] AFP, Submission 9, p.
14.
[117] Commander Ian McCartney,
AFP, Committee Hansard, 4 November 2011, p. 4.
[118] AFP, Submission 9, p.
14.
[119] AFP, Submission 9, p.
14.
[120] AGD, answer to question on
notice, 2 March 2012 (received 9 March 2012), p. 1.
[121] AGD, answer to question on
notice, 2 March 2012 (received 9 March 2012), pp 5–6.
[122] AFP, Submission 9, p.
14–15. See also ACC, Submission 8, p.3.
[123] AFP, Submission 9, p.
14.
[124] AGD, answer to question on
notice, 16 December 2011 (received 1 February 2012), p. 6.
[125] AGD, answer to question on
notice, 2 March 2012 (received 9 March 2012), p. 7.
[126] AGD, answer to question on
notice, 2 March 2012 (received 9 March 2012), p. 5.
[127] Law Council, Submission 3
(supplementary submission), p. 13.
[128] Law Council, Submission 3
(supplementary submission), p. 13; Queensland Law Society, Submission 12,
p. 4.
[129] AGD, answer to question on
notice, 2 March 2012 (received 9 March 2012), p. 3.
[130] AGD, answer to question on
notice, 2 March 2012 (received 9 March 2012), p. 3.
[131] AGD, answer to question on
notice, 2 March 2012 (received 9 March 2012), p. 4.
[132] International Covenant on
Civil and Political Rights, Article 14.3(d).
[133] AGD, answer to question on
notice, 2 March 2012 (received 9 March 2012), p. 4.
[134] AGD, answer to question on
notice, 16 December 2011 (received 1 February 2012), p. 11.
[135] AFP, Submission 9, p.
16.
[136] AFP, Submission 9, p.
16.
[137] AGD, answer to question on
notice, 16 December 2011 (received 1 February 2012), p. 11.
[138] Ms Kate Deakin, ACC, Committee
Hansard, 4 November 2011, pp 12, 15–16.
[139] Crimes Legislation Amendment
(Serious and Organised Crime) Bill 2009, first reading.
[140] Senate Legal and
Constitutional Affairs Legislation Committee, Inquiry into the Crimes Legislation
Amendment (Serious and Organised Crime) Bill 2009 [Provisions], pp 57–59.
[141] Mr Bill Rowlings, Civil
Liberties Australia, Committee Hansard, 4 November 2011, p. 40.
[142] Law Council, Submission 3
(supplementary submission), p. 12.
[143] Queensland Law Society, Submission
12, p. 3.
[144] Ms Kate Deakin, ACC, Committee
Hansard, 4 November 2011, pp 12, 15–16.
[145] Mr Graeme Davidson, CDPP, Committee
Hansard, 4 November 2011, p. 29.
[146] Mr Iain Anderson, AGD, Committee
Hansard, 4 November 2011, pp 37–38.
[147] Proceeds of Crime Act
2002, ss. 179E(1)(b).
CHAPTER 4 - The need for national harmonisation
[1]
AGD, answer to second question on notice, 16 December 2011 (received 1
February 2012), p. 1.
[2]
AGD, answer to second question on notice, 16 December 2011 (received 1
February 2012), p. 5.
[3]
AGD, answer to second question on notice, 16 December 2011 (received 1
February 2012), pp 1–2.
[4]
Criminal Property Forfeiture Act 2002 (NT), subsection 71(1); Property
Confiscation Act 2000 (WA), sub section 12(1).
[5]
Criminal Property Forfeiture Act 2002 (NT), subsection 71(1); Property
Confiscation Act 2000 (WA), sub section 12(1).
[6]
Criminal Property Forfeiture Act 2002 (NT), subsection 71(2); Property
Confiscation Act 2000 (WA), section 12(2).
[7]
Criminal Property Forfeiture Act 2002 (NT), Part 3; Property
Confiscation Act 2000 (WA), Part 5.
[8]
Criminal Property Forfeiture Act, Part 4, Division 3; Property
Confiscation Act 2000 (WA), section 50.
[9]
Criminal Property Forfeiture Act, Part 5; Property
Confiscation Act 2000 (WA), Part 6.
[10]
South Australia Police, Submission 7, p. 1.
[11]
AGD, answer to second question on notice, 16 December 2011 (received 1
February 2012), pp 2–3.
[12]
AGD, answer to second question on notice, 16 December 2011 (received 1
February 2012), p. 3.
[13]
Criminal Assets Recovery Amendment (Unexplained Wealth) Act 2010.
Assented to 10 September 2010.
[14]
AGD, answer to second question on notice, 16 December 2011 (received 1
February 2012), p. 3.
[15]
AGD, answer to second question on notice, 16 December 2011 (received 1
February 2012), p. 4.
[16]
Commissioner Tony Negus, AFP, Committee Hansard, 7 March 2012, p.
2.
[17]
Commander Colleen Gwynne, Northern Territory Police, Committee Hansard,
2 March 2009, pp 7–8.
[18]
Detective Superintendent Paul Hollowood, Victoria Police, Committee
Hansard, 28 October 2008, p. 11.
[19]
Deputy Commissioner Graham Ashton, Victoria Police, Committee Hansard,
7 March 2012, pp 5–6.
[20]
Commissioner Mal Hyde, South Australia Police, Committee Hansard, 7
March 2012, p. 6.
[21]
Commissioner Mal Hyde, South Australia Police, Committee Hansard, 7
March 2012, p. 6.
[22]
AFP, Submission 9, p. 6.
[23]
Police Federation of Australia, Submission 2 (Supplementary Submission),
p. 2.
[24]
Mr Richard Grant, ACC, Committee Hansard, 4 November 2011, p. 16.
[25]
South Australia Police, Submission 7, p. 1–2.
[26]
Victoria Police, Submission 4, p. 3.
[27]
Victoria Police, Submission 4, p. 4.
[28]
Assistant Commissioner Nick Anticich, Western Australian Police,
Committee Hansard, 9 September 2011, pp 3–4.
[29]
Mr Bill Rowlings, Civil Liberties Australia, Committee Hansard, 4
November 2011, p. 40.
[30]
Mr Tim Game SC, Law Council, Committee Hansard, 10 February 2012,
p. 41; Queensland Law Society, Submission 12, p. 2.
[31]
AFP, Submission 9, p. 6.
[32]
AGD, answer to second question on notice, 16 December 2011 (received 1
February 2012), p. 8.
[33]
Mr Iain Anderson, AGD, Committee Hansard, 4 November 2011, p. 34.
[34]
AGD, answer to second question on notice, 16 December 2011 (received 1
February 2012), p. 8.
[35]
Mr Peter Whowell, AFP, Committee Hansard, 4 November 2011, p. 3.
[36]
The Hon Greg Smith, SC, Attorney-General and Minister for Justice, New
South Wales Government, Committee Hansard, 7 March 2012, p. 11.
[37]
AGD, answer to second question on notice, 16 December 2011 (received 1
February 2012), p. 8.
[38]
AGD, answer to second question on notice, 16 December 2011 (received 1
February 2012), p. 8.
[39]
Commander Ian McCartney, AFP, Committee Hansard, 4 November 2011,
p. 3.
[40]
Ms Kate Deakin, ACC, Committee Hansard, 4 November 2011, p. 12.
[41]
Mr Iain Anderson, AGD, Committee Hansard, 4 November 2011, p. 34.
[42]
The Hon Greg Smith, SC, Attorney-General and Minister for Justice, New
South Wales Government, Committee Hansard, 7 March 2012, p. 11.
[43]
Mr Iain Anderson, AGD, Committee Hansard, 7 March 2012, p. 3.
[44]
Mr Iain Anderson, AGD, Committee Hansard, 4 November 2011, p. 36.
[45]
AFP, Submission 9, p. 11.
[46]
Commissioner Tony Negus, AFP, Committee Hansard, 7 March 2012, p.
3.
[47]
AFP, Submission 9, p. 12.
[48]
AFP, Submission 9, p. 16.
[49]
AFP, Submission 9, p. 10.
[50]
AFP, Submission 9, p. 10–11.
[51]
AFP, Submission 9, p. 11.
[52]
AFP, Submission 9, p. 11.
[53]
Commissioner Mal Hyde, South Australia Police, Committee Hansard, 7
March 2012, p. 7.
[54]
AGD, answer to first question on notice, 16 December 2011 (received 1
February 2012), p. 11.
[55]
AFP, Submission 9, p. 9.
[56]
United Nations Convention against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances 1988, Article 5, Paragraph 7.
[57]
Victoria Police, Submission 4, p. 2.
[58]
Victoria Police, Submission 4, p. 2.
[59]
Victoria Police, Submission 4, p. 2.
Top
|