Recommendations
Recommendation 1
6.10 The committee recommends that the court should
have a discretion under proposed section 179C of the Proceeds of Crime Act
2002 to revoke a preliminary unexplained wealth order if it is in the
public interest to do so.
Recommendation 2
6.11 The committee recommends that the court should
have a discretion under proposed section 179E of the Proceeds of Crime Act
2002 to refuse to make an unexplained wealth order if it is not in the
public interest to do so.
Recommendation 3
6.12 The committee recommends that proposed
subsection 179B(2) of the Proceeds of Crime Act 2002 specify that an
officer must state in the affidavit supporting an application for a preliminary
unexplained wealth order the grounds on which he or she holds a reasonable
suspicion that a person’s total wealth exceeds his or her lawfully acquired
wealth.
Recommendation 4
6.17 The committee recommends that the disclosure
of information acquired under the Proceeds of Crime Act 2002 to law
enforcement and prosecuting agencies should be limited to disclosure for the
purpose of investigation, prosecution or prevention of an indictable offence
punishable by imprisonment for three or more years.
Recommendation 5
6.18 The committee recommends that disclosure of
information acquired under the Proceeds of Crime Act 2002 to foreign law
enforcement agencies should not be made unless the offence under investigation
would be an indictable offence punishable by imprisonment for three or more
years if it had occurred in Australia.
Recommendation 6
6.22 The committee recommends that that the
principal law enforcement officer with respect to a controlled operation should
be required to make a report to the chief officer of the law enforcement agency
within two months of the completion of the operation and the report should
include:
-
the
nature of the controlled conduct engaged in;
-
details
of the outcome of the operation; and
-
if
the operation involved illicit goods, the nature and quantity of any illicit
goods and the route through which the illicit goods passed during the
operation.
Recommendation 7
6.23 The committee recommends that the Bill be
amended to require that information relating to the handling of narcotic goods,
and people who had possession of narcotic goods, is recorded in the general
register that authorising agencies will be required to maintain under proposed
section 15HQ of the Crimes Act.
Recommendation 8
6.28 The committee recommends that proposed
subsection 15MM(5) of the Crimes Act be amended by deleting paragraph (a).
Recommendation 9
6.29 The committee recommends that proposed section
15M and proposed subsection 15MX(3) of the Crimes Act provide definitions of
the terms ‘chief officer’ and ‘senior officer’ in relation to agencies which
are prescribed as a 'law enforcement agency’ by regulation.
Recommendation 10
6.34 The committee recommends that the word ‘all’
be deleted from proposed paragraph 11.2A(6)(b) of the Criminal Code so that a
person will not be liable under the joint commission provisions if he or she
terminated his or her involvement in the agreement and took reasonable steps to
prevent the commission of the offence.
Recommendation 11
6.37 The committee recommends amending the
definition of ‘exempt proceeding’ in section 5B of the Telecommunications
(Interception and Access) Act 1979 to allow the use of lawfully acquired
telecommunications interception material in proceedings, under state criminal
organisation legislation, to obtain criminal organisation declarations as well
as proceedings to obtain interim control orders, or control orders, over
members of those organisations.
Recommendation 12
6.38 The committee recommends including first time
offences of association under section 26 of the Crimes (Criminal
Organisations Control) Act 2009 (NSW) within the definition of ‘prescribed
offence’ in section 5 of the Telecommunications (Interception and Access)
Act 1979.
Recommendation 13
6.40 Subject to the preceding recommendations, the
committee recommends that the Bill be passed.
Navigation: Previous Page | Contents | Next Page