PROCEEDS OF CRIME (CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL PROVISIONS) ACT 2002 - SCHEDULE 6

Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

PROCEEDS OF CRIME (CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL PROVISIONS) ACT 2002 - SCHEDULE 6

- Other amendments

Administrative Decisions (Judicial Review) Act 1977

1 After paragraph (y) of Schedule 1

Insert:

(z): decisions of the DPP or an approved examiner under Part 3-1 of the Proceeds of Crime Act 2002 ;

Australian Federal Police Act 1979

2 After paragraph 8(1)(bc)

Insert:

(bd): to perform functions under the Proceeds of Crime Act 2002 ; and

Crimes Act 1914

3 Subparagraph 3(2)(a)(ii)

Repeal the subparagraph, substitute:

(ii): by a pecuniary penalty order or a literary proceeds order made under the Proceeds of Crime Act 2002 ; or
(iia): by a pecuniary penalty order made under the Proceeds of Crime Act 1987 ; or

4 After subparagraph 3E(6)(a)(ii)

Insert:

; or (iii) evidential material (within the meaning of the Proceeds of Crime Act 2002 ) or tainted property (within the meaning of that Act); 5 After subparagraph 3E(7)(a)(ii)

Insert:

; or (iii) evidential material (within the meaning of the Proceeds of Crime Act 2002 ) or tainted property (within the meaning of that Act); 6 After subparagraph 3F(1)(d)(ii)

Insert:

; or (iii) evidential material (within the meaning of the Proceeds of Crime Act 2002 ) or tainted property (within the meaning of that Act); 7 After subparagraph 3F(2)(c)(ii)

Insert:

; or (iii) evidential material (within the meaning of the Proceeds of Crime Act 2002 ) or tainted property (within the meaning of that Act); 8 Paragraph 9A(c)

Omit "Confiscated Assets Reserve as required by section 34B of the Proceeds of Crime Act 1987 ", substitute "Confiscated Assets Account as required by section 296 of the Proceeds of Crime Act 2002 ".

9 Subsection 9B(3)

Omit "section 55 of the Proceeds of Crime Act 1987 " (wherever occurring), substitute "section 288 of the Proceeds of Crime Act 2002 ".

10 Subsection 21E(4) (definition of confiscation
proceedings)

Repeal the definition, substitute:

"confiscation proceedings" includes:

(a): proceedings for forfeiture orders, pecuniary penalty orders, literary proceeds orders and restraining orders under the Proceeds of Crime Act 2002 ; and
(b): proceedings for forfeiture orders, pecuniary penalty orders and restraining orders under the Proceeds of Crime Act 1987 ; and
(c): proceedings for restraining orders and pecuniary penalty orders under Part XIII of the Customs Act 1901 .

11 Subsection 22(7)

Insert:

"narcotic substance" has the same meaning as in the Proceeds of Crime Act 2002 .

12 Subsection 22(7)

Insert:

"possession" includes possession for supply.

13 Subsection 22(7)

Insert:

"production" includes growing and manufacture.

14 Subsection 22(7) (definition of serious narcotics
offence)

Repeal the definition, substitute:

"serious narcotics offence" means an offence:

(a): constituted by the production, possession, supply, importation or export of a narcotic substance; and
(b): involving a quantity of the narcotic substance that is equal to or greater than the trafficable quantity applicable to the narcotic substance.

15 Subsection 22(7)

Insert:

"trafficable quantity", in relation to a narcotic substance, means:

(a): if paragraph (b) does not apply—a trafficable quantity of the substance within the meaning of the Customs Act 1901 ; or
(b): if the law against which the offence is committed is not the Customs Act 1901 and that law includes references to trafficable quantity—a trafficable quantity of the substance within the meaning of that law.

16 Subsection 22A(2) (definition of serious narcotics
offence)

Omit "section 7 of the Proceeds of Crime Act 1987 ", substitute "section 22".

Customs Act 1901

17 Subparagraph 198(4)(a)(i)

After "another offence", insert ", or to be evidential material (within the meaning of the Proceeds of Crime Act 2002 ) or tainted property (within the meaning of that Act)".

18 Subparagraph 199(1)(d)(i)

After "another offence", insert ", or to be evidential material (within the meaning of the Proceeds of Crime Act 2002 ) or tainted property (within the meaning of that Act)".

19 Paragraph 208DA(3)(a)

20 Subparagraph 208DA(3)(b)(iii)

21 Subparagraph 219A(2)(c)(iii)

After "warrant under", insert "the Proceeds of Crime Act 2002 or".

22 Subparagraph 243G(6)(a)(ii)

23 Subparagraph 243G(6)(b)(iii)

24 Paragraph 243G(7)(a)

25 Subsection 243G(8)

Omit "Trust Fund as required by section 34B of the Proceeds of Crime Act 1987 ", substitute "Confiscated Assets Account as required by section 296 of the Proceeds of Crime Act 2002 ".

26 Subsection 243P(3)

Omit "section 55 of the Proceeds of Crime Act 1987 " (wherever occurring), substitute "section 288 of the Proceeds of Crime Act 2002 ".

Director of Public Prosecutions Act 1983

27 After paragraph 6(1)(ma)

Insert:

(mb): for the purpose of enforcing orders under Chapter 2 of the Proceeds of Crime Act 2002 :

(i): to institute proceedings; or
(ii): to carry on proceedings (whether or not instituted by the Director); or
(iii): to co-ordinate or supervise the institution or carrying on of proceedings;

28 Paragraph 6(1)(n)

Omit "paragraphs (a) to (ma)", substitute "paragraphs (a) to (mb)".

29 Subsection 9(6A) (paragraph (d) of the definition of
specified proceedings)

After "out of", insert "the Proceeds of Crime Act 2002 ,".

30 After subsection 16A(1A)

Insert:

(1AB): If the Director applies to a court under section 25 of the Proceeds of Crime Act 2002 for a restraining order under that Act, the court may, at any time after the making of the application and before the application is determined, make an order prohibiting or restricting the publication of all or any of the matters:

(a): that are referred to in subsection 17(3) or 18(3), paragraph 19(1)(e) or subsection 20(3) (whichever is applicable) of that Act; and
(b): that were contained in an affidavit made in support of the application;

if it appears to the Court to be necessary to make the order in order to prevent prejudice to the administration of justice.

31 Subsection 16A(2)

After "(1A)", insert ", (1AB)".

Foreign Evidence Act 1994

32 Subsection 3(1) (paragraph (a) of the definition of
related civil proceeding)

After "under", insert "the Proceeds of Crime Act 2002 or".

National Environment Protection Measures (Implementation) Act 1998

40 At the end of subsection 14(4)

Add:

; (e) the Proceeds of Crime Act 2002 . 41 At the end of subsection 19(4)

Add:

; (e) the Proceeds of Crime Act 2002 .

Sea Installations Act 1987

42 Schedule (after the reference to the Proceeds of Crime
Act 1987)

Insert:

Proceeds of Crime Act 2002

Service and Execution of Process Act 1992

43 Subsection 3(1) (definition of proceeds of crime
legislation)

Repeal the definition, substitute:

"proceeds of crime legislation" means:

(a): the Proceeds of Crime Act 1987 ; or
(b): the Proceeds of Crime Act 2002 ; or
(c): a law of a State that is a corresponding law within the meaning of the Proceeds of Crime Act 2002 .

Taxation Administration Act 1953

44 Subsection 3E(10)

Omit "(within the meaning of section 5 of the Proceeds of Crime Act 1987 )", substitute "(within the meaning of section 331 of the Proceeds of Crime Act 2002 )".

45 Subsection 3E(11) (definition of proceeds of crime
order)

Repeal the definition, substitute:

"proceeds of crime order" means an order, relating to a person's commission of a serious offence, under:

(a): Chapter 2 or Division 1 of Part 3-1 of the Proceeds of Crime Act 2002 ; or
(b): Part II or III of the Proceeds of Crime Act 1987 ; or
(c): a law of a State or Territory corresponding to paragraph (a) or (b); or
(d): Division 3 of Part XIII of the Customs Act 1901 .

Telecommunications (Interception) Act 1979

46 Subparagraph 6K(c)(i)

Repeal the subparagraph, substitute:

(i): the Proceeds of Crime Act 1987 or the Proceeds of Crime Act 2002 ".

47 Paragraph 6L(2)(a)

Repeal the paragraph, substitute:

(a): in the case of the Authority—a reference to:

(i): a proceeding by way of a prosecution for a prescribed offence to which a prescribed investigation relates or related; or
(ii): a proceeding under a law of the Commonwealth or a State for the confiscation or forfeiture of property, or for the imposition of a pecuniary penalty, in connection with the commission of a prescribed offence to which a prescribed investigation relates or related; or

Trade Marks Act 1995

48 Subsection 159(2) (at the end of the definition of forfeiture
order provision)

Add:

(d): Part 2-3 of the Proceeds of Crime Act 2002 .

Note: The heading to section 159 is altered by omitting " Proceeds of Crime Act 1987 " and substituting "proceeds of crime legislation".

Witness Protection Act 1994

49 Subsection 23(2)

After " Proceeds of Crime Act 1987 ," insert "the Proceeds of Crime Act 2002 ,".

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]