CHAPTER 1


CHAPTER 1

INTRODUCTION

1.1        On 23 June 2011, the Senate referred the Crimes Legislation Amendment Bill (No. 2) 2011 (Bill) to the Legal and Constitutional Affairs Legislation Committee (committee) for inquiry and report by 23 August 2011.

Purpose of the Bill

1.2        The Bill was introduced into the House of Representatives on 23 March 2011 by the Minister for Home Affairs and Justice, the Hon Brendan O'Connor MP (Minister). In his second reading speech, the Minister stated that one of the purposes of the Bill is to bring the Australian Customs and Border Protection Service (Customs) within the jurisdiction of the Australian Commission for Law Enforcement Integrity (ACLEI). The Bill also seeks to amend a range of Acts to enhance processes in relation to the confiscation of criminal assets.[1]

1.3        The main functions of the Bill are to:

  • include Customs within the jurisdiction of ACLEI by amending the Law Enforcement Integrity Commissioner Act 2006 (LEIC Act) and the Customs Administration Act 1985;
  • allow the Commissioner of the Australian Federal Police (AFP) to commence and conduct litigation under the Proceeds of Crime Act 2002 (Proceeds of Crime Act);
  • enable proceedings under the Proceeds of Crime Act to be transferred between the Commonwealth Director of Public Prosecutions (CDPP) and the  Commissioner of the AFP;
  • amend the Family Law Act 1975 (Family Law Act) to extend Commonwealth procedures relating to proceeds of crime orders and forfeiture applications, and to include the application of state and territory proceeds of crime orders and forfeiture applications in proceedings in the Family Court;
  • enhance the interaction between the collection of relevant tax liabilities and proceeds of crime proceedings; and
  • extend, add, and make consistent definitions in various Acts, through minor and consequential amendments, to provide certainty and consistency.[2]

Conduct of the inquiry

1.4        The committee advertised the inquiry in The Australian newspaper on 6 July 2011, and invited submissions by 15 July 2011. Details of the inquiry, the Bill and associated documents were placed on the committee's website.

1.5        The committee received eight submissions, which are listed at Appendix 1. Submissions were placed on the committee's website for ease of access by the public.

1.6        A public hearing was held in Canberra on 4 August 2011. A list of witnesses who appeared at the hearing is at Appendix 2, and copies of the Hansard transcript are available through the internet at https://www.aph.gov.au/hansard/index.htm.

Acknowledgement

1.7        The committee thanks organisations and individuals who made submissions to this inquiry and gave evidence at the public hearing.

Note on references

1.8        Submission references in this report are to individual submissions as received by the committee, not to a bound volume. References to the committee Hansard are to the proof Hansard. Page numbers may vary between the proof and official Hansard transcripts.

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