Summary
Amends the:
Criminal Code Act 1995
to update money laundering offences;
Crimes Act 1914
to clarify that certain obligations imposed on investigating officials do not apply to undercover operatives;
Proceeds of Crimes Act 2002
to: ensure that buy-back orders cannot be used by criminal suspects and their associates to buy back property forfeited to the Commonwealth or to delay court proceedings; clarify that courts may make orders confiscating the value of a debt, loss or liability that has been avoided, deferred or reduced through criminal offending; clarify that courts with proceeds jurisdiction are able to make orders in respect of property located overseas; increase penalties for non-compliance with information-gathering powers, and clarify and expand the circumstances in which information gathered can be disclosed and used; enable the minister to make grants from the Confiscated Assets Account (CAA) to the States and Territories for crime prevention and certain other measures; and provide that money (other than a penalty) paid to the Commonwealth under a foreign deferred prosecution agreement that represents benefits or property derived from unlawful criminal activity must be credited to the CAA; and
COAG Reform Fund Act 2008
and
Proceeds of Crime Act 2002
to expand the Official Trustee in Bankruptcy's powers in relation to property, information gathering and cost recovery.