Additional comments by Liberal Senators

1.1        Liberal senators agree with the majority report, except for the findings and recommendations made in relation to the Bill's provisions which allow the Commissioner of the Australian Federal Police to commence and conduct litigation under the Proceeds of Crime Act 2002 (Cth).

1.2        Liberal senators acknowledge the concerns of the Law Council of Australia with respect to these provisions of the Bill.

1.3        Liberal senators support, in principle, separation between bodies of investigation and prosecution as a safeguard of integrity in law enforcement.

1.4        Liberal senators note the ongoing investigation in to the NSW Crime Commission by the Police Integrity Commission:

Recent experience in New South Wales indicates that apparent success in confiscating criminal assets may, in fact, mask serious problems in practice and procedure. In that regard, it is noted that the NSW Crime Commission and its practices and procedures is the conduct of actions under the Criminal Assets Recovery Act 1990 (NSW) are now the subject of a Police Integrity Commission inquiry.[1]

1.5        Liberal senators are unpersuaded that there is a compelling case at present to alter the current separation of powers of investigation and litigation of proceeds of crime matters.  At the very least, this legislation should be held back until the NSW Police Integrity Commission inquiry into the NSW Crime Commission is completed.

Recommendation 1

1.6        Liberal senators recommend that the provisions in the Bill which allow the Commissioner of the Australian Federal Police to commence and conduct litigation under the Proceeds of Crime Act 2002 (Cth) not proceed at this time.

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