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Queensland
Criminal Proceeds
Confiscation and Other Acts
Amendment Bill 2008
Queensland
Criminal Proceeds Confiscation and Other
Acts Amendment Bill 2008
Contents
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Part 2 Amendment of Criminal Proceeds Confiscation Act 2002
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Insertion of new s 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
5A Territorial application of Act . . . . . . . . . . . . . . . . . . . . 8
5 Amendment of s 16 (Meaning of serious crime related activity). . 9
6 Amendment of s 17 (Meaning of serious criminal offence) . . . . . 9
7 Amendment of s 20 (Meaning of effective control of property). . . 10
8 Amendment of s 28 (Application for restraining order) . . . . . . . . . 10
9 Amendment of s 29 (Affidavit) . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
10 Amendment of s 37 (Supreme Court may make other orders) . . 11
11 Insertion of new s 37A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
37A Hearing of application. . . . . . . . . . . . . . . . . . . . . . . . . 12
12 Replacement of s 38 (Particular orders Supreme Court may
make) ........................................ 13
38 Administration orders Supreme Court may make. . . . 13
13 Insertion of new s 38A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
38A Investigation orders Supreme Court may make . . . . . 14
14 Omission of ch 2, pt 3, div 4, sdiv 1, s 38A (Meaning of judicial
registrar for subdiv 1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
15 Replacement of s 39 (Judicial registrar's power to conduct
examinations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
39 Court officer's power to conduct examinations. . . . . . 16
16 Amendment of s 39B (Examination to take place in private) . . . . 16
17 Amendment of s 39C (Role of the examinee's lawyer). . . . . . . . . 16
18 Amendment of s 39D (Recording evidence). . . . . . . . . . . . . . . . . 16
Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Contents
19 Amendment of s 41 (Offence to contravene examination order) . 17
20 Insertion of new s 41A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
41A Use and dissemination of examination information . . 17
21 Insertion of new s 42A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
42A Offence to contravene property particulars order. . . . 18
22 Amendment of s 45 (Notice of restraining order and other
orders) ....................................... 18
23 Amendment of s 47 (Supreme Court may exclude prescribed
respondent's property from restraining order) . . . . . . . . . . . . . . . 19
24 Amendment of s 49 (Supreme Court may exclude other property
from restraining order) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
25 Insertion of new of s 58A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
58A Forfeiture order relating to external serious crime
related activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
26 Amendment of s 65 (Exclusion of property from forfeiture order
application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
27 Amendment of s 66 (Exclusion of property from forfeiture order). 21
28 Amendment of s 71 (Exclusion of value of innocent interest from
forfeiture order). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
29 Amendment of s 78 (Making of proceeds assessment order) . . . 22
30 Amendment of s 80 (Proceeds assessment order increase if
forfeiture order discharged) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
31 Amendment of s 83 (How particular amounts may be treated) . . 24
32 Amendment of s 88 (Charge on property) . . . . . . . . . . . . . . . . . . 24
33 Amendment of s 103 (Meaning of effective control) . . . . . . . . . . . 25
34 Amendment of s 126 (Conditions about particular payments out
of restrained property) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
35 Amendment of s 129 (Supreme Court may make other orders) . 26
36 Insertion of new s 129A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
129A Hearing of application. . . . . . . . . . . . . . . . . . . . . . . . . 27
37 Replacement of s 130 (Particular orders Supreme Court may
make) ......................................... 27
130 Administration orders Supreme Court may make. . . . 28
38 Insertion of new s 130A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
130A Investigation orders Supreme Court may make . . . . . 29
39 Omission of ch 3, pt 3, div 5, sdiv 1, s 130A (Meaning of judicial
registrar for subdiv 1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
40 Replacement of s 131 (Judicial registrar's power to conduct
examinations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Page 2
Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Contents
131 Court officer's power to conduct examinations. . . . . . 30
41 Amendment of s 131B (Examination to take place in private) . . . 30
42 Amendment of s 131C (Role of the examinee's lawyer). . . . . . . . 31
43 Amendment of s 131D (Recording evidence). . . . . . . . . . . . . . . . 31
44 Amendment of s 133 (Offence to contravene examination order) 31
45 Insertion of new s 133A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
133A Use and dissemination of examination information . . 32
46 Insertion of new s 134A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
134A Offence to contravene property particulars order. . . . 33
47 Amendment of s 135 (Notice of restraining order) . . . . . . . . . . . . 33
48 Amendment of s 139 (Supreme Court may exclude prescribed
respondent's property from restraining order) . . . . . . . . . . . . . . . 33
49 Amendment of s 140 (Supreme Court may exclude other
property from restraining order) . . . . . . . . . . . . . . . . . . . . . . . . . . 33
50 Insertion of new ch 3, pt 4, div 2A . . . . . . . . . . . . . . . . . . . . . . . . 34
Division 2A Tainted property substitution declaration
153A Definitions for div 2A. . . . . . . . . . . . . . . . . . . . . . . . . . 34
153B References to property that is not available for
forfeiture ............................. 34
153C Application for tainted property substitution
declaration ............................ 34
153D Court may make tainted property substitution
declaration ............................. 35
153E Restraining order for property that may become
subject to a tainted property substitution declaration . 36
51 Amendment of s 158 (Making an innocent interest exclusion
order) ........................................ 38
52 Amendment of s 186 (Pecuniary penalty order increase if
forfeiture order discharged) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
53 Amendment of s 236 (Cancellation of filing). . . . . . . . . . . . . . . . . 39
54 Insertion of new ch 8, pt 2, div 1, hdg and div 2, hdg . . . . . . . . . . 39
55 Amendment of s 249 (Communication of information by financial
institutions to particular officers). . . . . . . . . . . . . . . . . . . . . . . . . . 39
56 Insertion of new ch 8, pt 2, div 3. . . . . . . . . . . . . . . . . . . . . . . . . . 40
Division 3 Notices to financial institutions
249A Definition for div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
249B Giving notice to financial institution . . . . . . . . . . . . . . 40
249C Prohibition on disclosure . . . . . . . . . . . . . . . . . . . . . . 41
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Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Contents
249D Protection from suits etc. in relation to action taken
under s 249B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
249E Financial institution must comply with a notice. . . . . . 42
57 Amendment of s 250 (Money laundering) . . . . . . . . . . . . . . . . . . 42
58 Insertion of new s 256A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
256A Consent orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
59 Replacement of s 257 (Restriction on functions) . . . . . . . . . . . . . 44
257 Restriction on functions . . . . . . . . . . . . . . . . . . . . . . . 44
60 Omission of s 266 (Review of Act) . . . . . . . . . . . . . . . . . . . . . . . . 44
61 Amendment of ch 12, hdg (Transitional provisions, repeal and
amendments) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
62 Amendment of ch 12, pt 1, hdg (Transitional provisions) . . . . . . . 44
63 Insertion of new ch 12, pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Part 3 Transitional provisions for the Criminal
Proceeds Confiscation and Other Acts
Amendment Act 2008
283 Definition for this part . . . . . . . . . . . . . . . . . . . . . . . . . 45
284 Property controlled by public trustee . . . . . . . . . . . . . 45
285 Proceeds assessment order relating to an external
serious crime related activity . . . . . . . . . . . . . . . . . . . 45
286 Charges on property . . . . . . . . . . . . . . . . . . . . . . . . . 45
287 Orders under ss 37 and 129. . . . . . . . . . . . . . . . . . . . 45
288 Exclusion of property from orders . . . . . . . . . . . . . . . 46
289 Transitional provision for amendment of definition of
dealing ................................. 46
64 Amendment of schedule 1 (Examples) . . . . . . . . . . . . . . . . . . . . 47
65 Amendment of schedule 1 (Examples) . . . . . . . . . . . . . . . . . . . . 47
66 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 47
Part 3 Amendment of Fair Trading Act 1989
67 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
68 Amendment of s 71A (Exemptions from division for particular
contracts or types of contract) . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
69 Insertion of new pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Part 9 Transitional provision for Criminal Proceeds
Confiscation and Other Acts Amendment Act
2008
118 Existing exemptions and applications for exemptions
for section 63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Page 4
Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Contents
Part 4 Amendment of Security Providers Act 1993
70 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
71 Amendment of s 10 (Application) . . . . . . . . . . . . . . . . . . . . . . . . . 51
72 Amendment of s 11 (Entitlement to licences--individuals) . . . . . 51
73 Amendment of s 13 (Entitlement to licences--corporations or
firms) ......................................... 51
74 Amendment of s 21 (Grounds for suspension, cancellation or
refusal to renew). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
75 Insertion of new s 21A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
21A Approved security industry association must give
notice of persons whose membership of the
association ends. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
76 Insertion of new s 25B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
25B Approval of security industry associations . . . . . . . . . 53
77 Amendment of pt 2, div 6, hdg (Appeals against licence
decisions) ..................................... 53
78 Amendment of s 26 (Right to appeal to the Court). . . . . . . . . . . . 54
79 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 54
Part 5 Amendment of Trusts Act 1973
80 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
81 Amendment of s 5 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 55
82 Amendment of s 67 (Protection of trustees by means of
advertisements) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
83 Renumbering of pts 9 and 10 and ss 107 to 115 . . . . . . . . . . . . . 55
84 Insertion of new pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Part 9 Gifts by particular trusts for philanthropic
purposes
107 Definitions for pt 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
108 Prescribed trust--trust instrument containing
express power to give to eligible recipients . . . . . . . . 56
109 Prescribed trust--trust instrument not containing
express power to give to eligible recipients . . . . . . . . 56
110 Ancillary provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . 57
85 Amendment of pt 11 hdg as renumbered. . . . . . . . . . . . . . . . . . . 58
86 Insertion of new pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Part 12 Transitional provisions for Criminal Proceeds
Confiscation and Other Acts Amendment Act
2008
120 Definitions for pt 12. . . . . . . . . . . . . . . . . . . . . . . . . . . 59
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Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Contents
121 Application of pt 9 to existing trusts . . . . . . . . . . . . . . 59
122 Validation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Page 6
2008
A Bill
for
An Act to amend the Criminal Proceeds Confiscation Act 2002,
the Fair Trading Act 1989, the Security Providers Act 1993 and
theTrusts Act 1973 for particular purposes
Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Criminal Proceeds Confiscation 4
and Other Acts Amendment Act 2008. 5
Clause 2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
Part 2 Amendment of Criminal 8
Proceeds Confiscation Act 9
2002 10
Clause 3 Act amended in pt 2 11
This part amends the Criminal Proceeds Confiscation Act 12
2002. 13
Clause 4 Insertion of new s 5A 14
After section 5-- 15
insert-- 16
`5A Territorial application of Act 17
`(1) This Act applies both within and outside Queensland. 18
`(2) This Act applies outside Queensland to the full extent of the 19
extraterritorial legislative power of the Parliament.'. 20
Page 8
Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Part 2 Amendment of Criminal Proceeds Confiscation Act 2002
[s 5]
Clause 5 Amendment of s 16 (Meaning of serious crime related 1
activity) 2
(1) Section 16, heading, after `activity'-- 3
insert-- 4
`and external serious crime related activity' 5
(2) Section 16-- 6
insert-- 7
`(3) An external serious crime related activity is a serious crime 8
related activity arising out of an offence under the law of the 9
Commonwealth or a place outside Queensland, including 10
outside Australia, that, if the offence had been committed in 11
Queensland, would be a serious criminal offence.'. 12
Clause 6 Amendment of s 17 (Meaning of serious criminal offence) 13
(1) Section 17(1)(c)-- 14
renumber as section 17(1)(d). 15
(2) section 17(1)-- 16
insert-- 17
`(c) an offence under the law of the Commonwealth or a 18
place outside Queensland, including outside Australia, 19
that, if the offence had been committed in Queensland, 20
would be an offence mentioned in paragraph (a) or (b); 21
or'. 22
(3) Section 17(1)(d) as renumbered-- 23
omit, insert-- 24
`(d) an ancillary offence to an offence mentioned in 25
paragraph (a), (b) or (c) including an offence that would 26
be an ancillary offence to an offence mentioned in 27
paragraph (c) if the offence had been committed in 28
Queensland.'. 29
Page 9
Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Part 2 Amendment of Criminal Proceeds Confiscation Act 2002
[s 7]
Clause 7 Amendment of s 20 (Meaning of effective control of 1
property) 2
Section 20-- 3
insert-- 4
`(5) Subsection (6) applies if-- 5
(a) a restraining order is made for particular property 6
because a person to whom the restraining order relates 7
has effective control of the property; and 8
(b) the restraining order directs the public trustee to take 9
control of the property. 10
`(6) For the purposes of the Supreme Court's power to make 11
further orders under this chapter in relation to the property in 12
reliance, directly or indirectly, on a provision of this Act that 13
mentions property that is, or is not, under the effective control 14
of the person, the property is taken to continue to be under the 15
effective control of the person.'. 16
Clause 8 Amendment of s 28 (Application for restraining order) 17
(1) Section 28(4)-- 18
renumber as section 28(5). 19
(2) Section 28-- 20
insert-- 21
`(4) An application for a restraining order that relates to property 22
derived from external serious crime related activity may be 23
made only if the person whose property it is lives in 24
Queensland or the property is situated in Queensland.'. 25
Clause 9 Amendment of s 29 (Affidavit) 26
Section 29-- 27
insert-- 28
`(2) Also, for property derived from external serious crime related 29
activity, the affidavit must state that the authorised 30
Page 10
Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Part 2 Amendment of Criminal Proceeds Confiscation Act 2002
[s 10]
commission officer or police officer has made due enquiry 1
and is satisfied that no action has been taken under a law of 2
the Commonwealth or any place outside Queensland, 3
including outside Australia, against property of the prescribed 4
respondent that is the subject of the application as a result of 5
the external serious crime related activity.'. 6
Clause 10 Amendment of s 37 (Supreme Court may make other 7
orders) 8
(1) Section 37(1), `section 38.'-- 9
omit, insert-- 10
`sections 38 and 38A.'. 11
(2) Section 37(2), `section 38(h)'-- 12
omit, insert-- 13
`section 38(1)(f)'. 14
(3) Section 37(4), after `an order'-- 15
insert-- 16
`, other than an investigation order,'. 17
(4) Section 37(5) to (7)-- 18
omit, insert-- 19
`(5) Another person may apply for an order, other than an 20
investigation order, under this section with the Supreme 21
Court's leave. 22
`(6) An applicant under subsection (4) must give notice of the 23
making of the application to each other person who may apply 24
under subsection (4) for an order under this section. 25
`(7) An applicant under subsection (5) must give notice of the 26
making of the application to each person who may apply 27
under subsection (4) for an order under this section. 28
`(8) The State may apply for an investigation order. 29
`(9) The State must give notice of an application under subsection 30
(8)-- 31
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Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Part 2 Amendment of Criminal Proceeds Confiscation Act 2002
[s 11]
(a) to the person to whom the order is to be directed if the 1
order is to be made under section 38A(1)(a), (b), or (c); 2
or 3
(b) to the person whose property is to be seized if the order 4
is made under section 38A(1)(d). 5
`(10) Subsections (6), (7) and (9) do not apply to an application for 6
an order under this section made in a proceeding on an 7
application for a restraining order that is made without notice 8
to any person to whom it relates. 9
`(11) Also, subsection (9) does not apply to an application for an 10
investigation order of which notice does not have to be given 11
because of section 37A(2).'. 12
Clause 11 Insertion of new s 37A 13
After section 37-- 14
insert-- 15
`37A Hearing of application 16
`(1) The Supreme Court must not hear an application for an order 17
under section 37 unless satisfied the person who is, or whose 18
property is, the subject of the application has received 19
reasonable notice of the application. 20
`(2) Despite subsection (1), the court must consider an application 21
for an investigation order without notice having been given if 22
the DPP asks the court to do so. 23
`(3) However, the Supreme Court may, at any time before finally 24
deciding the application, direct the State to give notice of the 25
application to a stated person or class of persons in the way, 26
and within the time, the court considers appropriate. 27
`(4) A person who is, or whose property is, the subject of the 28
application, and anyone else who claims to have an interest in 29
the property, may appear at the hearing of the application.'. 30
Page 12
Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Part 2 Amendment of Criminal Proceeds Confiscation Act 2002
[s 12]
Clause 12 Replacement of s 38 (Particular orders Supreme Court 1
may make) 2
Section 38-- 3
omit, insert-- 4
`38 Administration orders Supreme Court may make 5
`(1) The court may make any of the following orders under section 6
37 (each an administration order)-- 7
(a) an order varying the property restrained under the 8
restraining order; 9
(b) an order imposing additional conditions on the 10
restraining order or varying a condition of the order; 11
(c) an order about the performance of an undertaking given 12
in relation to the restraining order for the payment of 13
damages or costs; 14
(d) if the restraining order directs the public trustee to take 15
control of property, an order-- 16
(i) regulating the way the public trustee may perform 17
functions under the restraining order; or 18
(ii) deciding any question about the property, including 19
a question affecting the liabilities of the owner of 20
the property or the functions of the public trustee; 21
(e) an order requiring a person whose property is restrained 22
under the restraining order to do anything necessary or 23
convenient to bring the property within the State; 24
(f) an order for the payment to Legal Aid, from property 25
restrained under the restraining order, of expenses 26
payable by the person whose property is restrained 27
because-- 28
(i) the person is a party to a proceeding under this 29
Act; or 30
(ii) the person is a defendant in a criminal proceeding, 31
including any proceeding on appeal against 32
conviction or sentence. 33
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Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Part 2 Amendment of Criminal Proceeds Confiscation Act 2002
[s 13]
`(2) A person must not contravene an order mentioned in 1
subsection (1)(e). 2
Maximum penalty--100 penalty units or 2 years 3
imprisonment.'. 4
Clause 13 Insertion of new s 38A 5
Chapter 2, part 3, division 3-- 6
insert-- 7
`38A Investigation orders Supreme Court may make 8
`(1) Also, the court may make any of the following orders under 9
section 37 (each an investigation order)-- 10
(a) an order (examination order) requiring a person whose 11
property is restrained under the restraining order or a 12
stated person to attend for examination on oath before 13
the court or a court officer about the following-- 14
(i) the affairs of any person whose property is 15
restrained under the restraining order; 16
(ii) the nature and location of any property of a person 17
whose property is restrained under the restraining 18
order; 19
(iii) the nature and location of any property restrained 20
under the restraining order that the applicant for 21
the order reasonably suspects is serious crime 22
derived property; 23
(b) an order (also an examination order) requiring the 24
spouse of a person whose property is restrained under 25
the restraining order to attend for examination on oath 26
before the court or a court officer about the spouse's 27
affairs, including the nature and location of property in 28
which the spouse or the person has an interest; 29
(c) an order (property particulars order) directing any of 30
the following to give to the commission within a stated 31
time a sworn statement of particulars of, or of dealings 32
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Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Part 2 Amendment of Criminal Proceeds Confiscation Act 2002
[s 14]
with, any property (whether or not the restrained 1
property) as the court considers appropriate-- 2
(i) a person whose property is restrained under the 3
restraining order; 4
(ii) a person whose property the restrained property 5
was at any time before the restraining order was 6
made; 7
(iii) if the person mentioned in subparagraph (i) or (ii) 8
is or was a corporation--an executive officer of the 9
corporation; 10
(d) an order (property seizure order) requiring or 11
authorising a commission officer or a police officer to 12
seize property restrained under the restraining order. 13
Note-- 14
See sections 43 and 44 for the general effect of a property 15
seizure order. 16
`(2) An order mentioned in subsection (1)(d) may state the powers 17
the commission officer or police officer may exercise for 18
giving effect to the order. 19
`(3) Subsection (4) applies if an examination order is made 20
without notice of the application for the order being given to a 21
person required to attend for examination. 22
`(4) The examination must not be conducted less than 7 days after 23
the day on which the examination order is made, unless the 24
court considers it appropriate for the examination to be 25
conducted at an earlier time.'. 26
Clause 14 Omission of ch 2, pt 3, div 4, sdiv 1, s 38A (Meaning of 27
judicial registrar for subdiv 1) 28
Chapter 2, part 3, division 4, subdivision 1, section 38A-- 29
omit. 30
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Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
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[s 15]
Clause 15 Replacement of s 39 (Judicial registrar's power to 1
conduct examinations) 2
Section 39-- 3
omit, insert-- 4
`39 Court officer's power to conduct examinations 5
`(1) This section applies if a court officer conducts an examination 6
under an examination order. 7
`(2) The court officer constitutes, and may exercise all the 8
jurisdiction and powers of, the court. 9
`(3) However, the court officer may not exercise any power of the 10
court to punish for contempt.'. 11
Clause 16 Amendment of s 39B (Examination to take place in 12
private) 13
Section 39B(2), `or judicial registrar'-- 14
omit, insert-- 15
`or court officer'. 16
Clause 17 Amendment of s 39C (Role of the examinee's lawyer) 17
Sections 39C, `or judicial registrar'-- 18
omit, insert-- 19
`or court officer'. 20
Clause 18 Amendment of s 39D (Recording evidence) 21
(1) Section 39D, `or judicial registrar'-- 22
omit, insert-- 23
`or court officer'. 24
(2) Section 39D(3)(b), `in the court's or judicial registrar's 25
presence'-- 26
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Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Part 2 Amendment of Criminal Proceeds Confiscation Act 2002
[s 19]
omit, insert-- 1
`in the court's and court officer's presence'. 2
Clause 19 Amendment of s 41 (Offence to contravene examination 3
order) 4
Section 41(d), `or judicial registrar'-- 5
omit, insert-- 6
`or court officer'. 7
Clause 20 Insertion of new s 41A 8
Chapter 2, part 3, division 4, subdivision 1-- 9
insert-- 10
`41A Use and dissemination of examination information 11
`(1) This section applies to a statement, disclosure, document or 12
other thing mentioned in section 40(2) (examination 13
information). 14
`(2) The DPP or the commission may give the examination 15
information to-- 16
(a) a corresponding entity to help the entity to obtain other 17
evidence or other information (derived evidence) that 18
may be relevant to the enforcement of a corresponding 19
law; or 20
(b) an entity of the State, another State or the 21
Commonwealth that has a function of investigating or 22
prosecuting offences to help the entity to obtain other 23
evidence or other information (derived evidence) that 24
may be relevant to the investigation or prosecution of an 25
offence. 26
`(3) The giving of examination information under subsection (2), 27
its use to obtain derived evidence or the admissibility of the 28
derived evidence in a proceeding, including a prosecution for 29
an offence, is unaffected by-- 30
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Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Part 2 Amendment of Criminal Proceeds Confiscation Act 2002
[s 21]
(a) the fact that the examination information was obtained 1
because of section 40 and subject to section 39B; or 2
(b) any duty of confidentiality owed to the person from 3
whom the examination information was obtained; or 4
(c) the objects of this Act or the particular purpose for 5
which the examination information was obtained. 6
`(4) In this section-- 7
entity of the State, another State or the Commonwealth 8
includes a law enforcement agency established under a law of 9
the State, another State or the Commonwealth.'. 10
Clause 21 Insertion of new s 42A 11
Chapter 2, part 3, divsion 4, subdivision 3, after section 42-- 12
insert-- 13
`42A Offence to contravene property particulars order 14
`A person directed under a property particulars order to give a 15
statement to the commission within a stated period of time-- 16
(a) must comply with the direction unless the person has a 17
reasonable excuse; and 18
(b) must not make a statement that is false or misleading in 19
a material particular. 20
Maximum penalty--100 penalty units or 2 years 21
imprisonment.'. 22
Clause 22 Amendment of s 45 (Notice of restraining order and other 23
orders) 24
Section 45-- 25
insert-- 26
`(2A) However, under subsection (2) the commission is not required 27
to give a person whose property is restrained under a 28
restraining order a copy of, or notice of, an investigation order 29
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Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Part 2 Amendment of Criminal Proceeds Confiscation Act 2002
[s 23]
made under section 38A(1)(a), (b) or (c) directed to another 1
person.'. 2
Clause 23 Amendment of s 47 (Supreme Court may exclude 3
prescribed respondent's property from restraining order) 4
(1) Section 47(3)-- 5
omit, insert-- 6
`(3) The prescribed respondent must give a written notice of the 7
making of the application, the grounds for the application and 8
the facts relied on to the State and anyone else who has an 9
interest in the property. 10
`(3A) The grounds for the application and the facts relied on must be 11
stated fully in the notice.'. 12
(2) Section 47(8), after `applicant'-- 13
insert-- 14
`or a relevant person'. 15
(3) Section 47-- 16
insert-- 17
`(9) In this section-- 18
relevant person means a person other than the applicant who, 19
on examination under an examination order, may be able to 20
give evidence relevant to the application.'. 21
Clause 24 Amendment of s 49 (Supreme Court may exclude other 22
property from restraining order) 23
(1) Section 49(2)-- 24
omit, insert-- 25
`(2) The applicant must give a written notice of the making of the 26
application, the grounds for the application and the facts 27
relied on to the State and anyone else who has an interest in 28
the property. 29
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Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Part 2 Amendment of Criminal Proceeds Confiscation Act 2002
[s 25]
`(2A) The grounds for the application and the facts relied on must be 1
stated fully in the notice.'. 2
(2) Section 49(7), after `applicant'-- 3
insert-- 4
`or a relevant person'. 5
(3) Section 49-- 6
insert-- 7
`(8) In this section-- 8
relevant person means a person other than the applicant who, 9
on examination under an examination order, may be able to 10
give evidence relevant to the application.'. 11
Clause 25 Insertion of new of s 58A 12
After section 58-- 13
insert-- 14
`58A Forfeiture order relating to external serious crime 15
related activity 16
`(1) An application for a forfeiture order that relates to property 17
derived from external serious crime related activity may be 18
made only if the prescribed respondent lives in Queensland or 19
the property is situated in Queensland. 20
`(2) The Supreme Court may not make the forfeiture order unless 21
it is satisfied that no action has been taken under a law of the 22
Commonwealth or any place outside Queensland, including 23
outside Australia, against the property of the prescribed 24
respondent that is the subject of the application as a result of 25
the external serious crime related activity. 26
`(3) For subsection (2), an affidavit of an appropriate officer that 27
includes a statement that the officer has made due enquiry and 28
is satisfied that no action has been taken under a law of the 29
Commonwealth or any place outside Queensland, including 30
outside Australia, against property of the prescribed 31
respondent that is the subject of the application as a result of 32
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Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Part 2 Amendment of Criminal Proceeds Confiscation Act 2002
[s 26]
the external serious crime related activity is proof, in the 1
absence of evidence to the contrary, of the matters contained 2
in the affidavit.'. 3
Clause 26 Amendment of s 65 (Exclusion of property from forfeiture 4
order application) 5
(1) Section 65(3)-- 6
omit, insert-- 7
`(3) The applicant must give a written notice of the making of the 8
application, the grounds for the application and the facts 9
relied on to the State and anyone else who has an interest in 10
the property. 11
`(3A) The grounds for the application and the facts relied on must be 12
stated fully in the notice.'. 13
(2) Section 65(8), after `applicant'-- 14
insert-- 15
`or a relevant person'. 16
(3) Section 65-- 17
insert-- 18
`(9) In this section-- 19
relevant person means a person other than the applicant who, 20
on examination under an examination order, may be able to 21
give evidence relevant to the application for the exclusion 22
order.'. 23
Clause 27 Amendment of s 66 (Exclusion of property from forfeiture 24
order) 25
(1) Section 66(3)-- 26
omit, insert-- 27
`(3) For each application made under this section, including an 28
application for leave, the applicant must give a written notice 29
of the making of the application, the grounds for the 30
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Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Part 2 Amendment of Criminal Proceeds Confiscation Act 2002
[s 28]
application and the facts relied on to the State and anyone else 1
who has an interest in the property. 2
`(3A) The grounds for the application and the facts relied on must be 3
stated fully in the notice.'. 4
(2) Section 66(8), after `applicant'-- 5
insert-- 6
`or a relevant person'. 7
(3) Section 66-- 8
insert-- 9
`(9) In this section-- 10
relevant person means a person other than the applicant who, 11
on examination under an examination order, may be able to 12
give evidence relevant to the application for the exclusion 13
order.'. 14
Clause 28 Amendment of s 71 (Exclusion of value of innocent 15
interest from forfeiture order) 16
Section 71(3)-- 17
omit, insert-- 18
`(3) For each application made under this section, including an 19
application for leave, the applicant must give a written notice 20
of the making of the application, the grounds for the 21
application and the facts relied on to the State and anyone else 22
who has an interest in the property. 23
`(3A) The grounds for the application and the facts relied on must be 24
stated fully in the notice.'. 25
Clause 29 Amendment of s 78 (Making of proceeds assessment 26
order) 27
(1) Section 78(1), after `activity'-- 28
insert-- 29
`(a finding of serious crime related activity)'. 30
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Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Part 2 Amendment of Criminal Proceeds Confiscation Act 2002
[s 30]
(2) Section 78-- 1
insert-- 2
`(5) The Supreme Court may not make a proceeds assessment 3
order on an application that relates wholly to external serious 4
crime related activity, unless it is satisfied that no action has 5
been taken under a law of the Commonwealth or any other 6
place outside Queensland, including outside Australia, in 7
relation to the proceeds of the external serious crime related 8
activity. 9
`(6) For subsection (5), an affidavit by an appropriate officer that 10
includes a statement that the officer has made due enquiry and 11
is satisfied that no action has been taken under a law of the 12
Commonwealth or any place outside Queensland, including 13
outside Australia, against any property in relation to the 14
proceeds of the external serious crime related activity is proof, 15
in the absence of evidence to the contrary, of the matters 16
contained in the affidavit. 17
`(7) The court may make a pecuniary penalty order and a proceeds 18
assessment order in relation to the same serious crime related 19
activity. 20
`(8) However, the court must take the amount of a pecuniary 21
penalty order into account when making a later proceeds 22
assessment order in relation to the same serious crime related 23
activity.'. 24
Clause 30 Amendment of s 80 (Proceeds assessment order 25
increase if forfeiture order discharged) 26
Section 80(1)(c)-- 27
omit, insert-- 28
`(c) after the proceeds assessment order is made-- 29
(i) the forfeiture ends because of an appeal; or 30
(ii) an exclusion order or an innocent interest 31
exclusion order is made in relation to any property 32
forfeited under the forfeiture order.'. 33
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Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Part 2 Amendment of Criminal Proceeds Confiscation Act 2002
[s 31]
Clause 31 Amendment of s 83 (How particular amounts may be 1
treated) 2
(1) Section 83(1), from `if, at the hearing' to `activity; or'-- 3
omit, insert-- 4
`if the court makes a finding of serious crime related activity 5
in relation to a person under section 78(1) and-- 6
(a) evidence is given that the value of the relevant person's 7
property at the end of the period of 6 years mentioned in 8
section 78(1) was more than the value of the relevant 9
person's property at the start of the period; or'. 10
(2) Sections 83(1)(b), `the person's'-- 11
omit, insert-- 12
`the relevant person's'. 13
(3) Sections 83(2) and (3), `the person'-- 14
omit, insert-- 15
`the relevant person'. 16
(4) Section 83(2), `the activity'-- 17
omit, insert-- 18
`an illegal activity'. 19
Clause 32 Amendment of s 88 (Charge on property) 20
(1) Section 88(3)(c), `person against whom the order is made'-- 21
omit, insert-- 22
`relevant person'. 23
(2) Section 88-- 24
insert-- 25
`(5) For subsection (4), it is declared that the charge may be 26
registered under the Land Act 1994 or the Land Title Act 1994 27
over the property of the relevant person. 28
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Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Part 2 Amendment of Criminal Proceeds Confiscation Act 2002
[s 33]
`(6) The public trustee or the appropriate officer may lodge a 1
request with the registrar for the registration of the charge. 2
`(7) The request must be in the appropriate form. 3
`(8) The registrar must register the charge over the land on 4
lodgement of-- 5
(a) the request; and 6
(b) a certificate of the public trustee or the appropriate 7
officer stating there is a charge over the land under this 8
section for the amount payable under the proceeds 9
assessment order that is unpaid. 10
`(9) As soon as practicable after the amount payable under the 11
proceeds assessment order has been paid, the public trustee or 12
the appropriate officer must lodge a request with the registrar 13
in the appropriate form to release the charge. 14
`(10) The registrar must register the release of the charge over the 15
land. 16
`(11) In this section-- 17
appropriate form means the appropriate form under the Land 18
Act 1994 or the Land Titles Act 1994. 19
registrar means-- 20
(a) for registration under the Land Act 1994--the chief 21
executive under that Act; or 22
(b) for registration under the Land Title Act 1994--the 23
registrar of titles. 24
relevant person means the person against whom the proceeds 25
assessment order is made.'. 26
Clause 33 Amendment of s 103 (Meaning of effective control) 27
Section 103-- 28
insert-- 29
`(2) For subsection (1), a reference in section 20 to chapter 2 is 30
taken to be a reference to this chapter.'. 31
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Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Part 2 Amendment of Criminal Proceeds Confiscation Act 2002
[s 34]
Clause 34 Amendment of s 126 (Conditions about particular 1
payments out of restrained property) 2
Section 126(3)(b) after `tainted property'-- 3
insert-- 4
`and is not available substitute property'. 5
Clause 35 Amendment of s 129 (Supreme Court may make other 6
orders) 7
(1) Section 129(1), `section 130'-- 8
omit, insert-- 9
`sections 130 and 130A'. 10
(2) Section 129(2), `section 130(h)'-- 11
omit, insert-- 12
`section 130(1)(f)'. 13
(3) Section 129(4), after `an order'-- 14
insert-- 15
`, other than an investigation order,'. 16
(4) Section 129(5) to (7)-- 17
omit, insert-- 18
`(5) Another person may apply for an order, other than an 19
investigation order, under this section with the Supreme 20
Court's leave. 21
`(6) An applicant under subsection (4) must give notice of the 22
making of the application to each other person who may apply 23
under subsection (4) for an order under this section. 24
`(7) An applicant under subsection (5) must give notice of the 25
making of the application to each person who may apply 26
under subsection (4) for an order under this section. 27
`(8) The State may apply for an investigation order. 28
`(9) The State must give notice of an application under subsection 29
(8) to the person to whom the order is to be directed. 30
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Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Part 2 Amendment of Criminal Proceeds Confiscation Act 2002
[s 36]
`(10) Subsections (6), (7) and (9) do not apply to an application for 1
an order under this section made in a proceeding on an 2
application for a restraining order that is made without notice 3
to any person to whom it relates. 4
`(11) Also, subsection (9) does not apply to an application for an 5
investigation order of which notice does not have to be given 6
because of section 129A(2).'. 7
Clause 36 Insertion of new s 129A 8
After section 129-- 9
insert-- 10
`129A Hearing of application 11
`(1) The Supreme Court must not hear an application for an order 12
under section 129 unless satisfied the person who is, or whose 13
property is, the subject of the application has received 14
reasonable notice of the application. 15
`(2) Despite subsection (1), the court must consider an application 16
for an investigation order without notice having been given if 17
the DPP asks the court to do so. 18
`(3) However, the Supreme Court may, at any time before finally 19
deciding the application, direct the State to give notice of the 20
application to a stated person or class of persons in the way, 21
and within the time, the court considers appropriate. 22
`(4) A person who is, or whose property is, the subject of the 23
application, and anyone else who claims to have an interest in 24
the property, may appear at the hearing of the application.'. 25
Clause 37 Replacement of s 130 (Particular orders Supreme Court 26
may make) 27
Section 130-- 28
omit, insert-- 29
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Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Part 2 Amendment of Criminal Proceeds Confiscation Act 2002
[s 37]
`130 Administration orders Supreme Court may make 1
`(1) The court may make any of the following orders under section 2
129, (each an administration order)-- 3
(a) an order varying the property restrained under the 4
restraining order; 5
(b) an order imposing additional conditions on the 6
restraining order or varying a condition of the order; 7
(c) an order about the performance of an undertaking for 8
the payment of damages or costs given for the 9
restraining order; 10
(d) if the restraining order directs the public trustee to take 11
control of the property, an order-- 12
(i) regulating the way the public trustee may perform 13
functions under the restraining order; or 14
(ii) deciding any question about the property, including 15
a question affecting the liabilities of the owner of 16
the property or the functions of the public trustee; 17
(e) an order requiring a person whose property is restrained 18
under the restraining order to do anything necessary or 19
convenient to bring the property within Queensland; 20
(f) an order for the payment to Legal Aid, from property 21
restrained under the restraining order, of expenses 22
payable by the person whose property is restrained 23
because-- 24
(i) the person is a party to a proceeding under this 25
Act; or 26
(ii) the person is a defendant in a criminal proceeding, 27
including any proceeding on appeal against 28
conviction or sentence. 29
`(2) A person must not contravene an order made under subsection 30
(1)(e). 31
Maximum penalty--100 penalty units or 2 years 32
imprisonment.'. 33
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Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Part 2 Amendment of Criminal Proceeds Confiscation Act 2002
[s 38]
Clause 38 Insertion of new s 130A 1
Chapter 3, part 3, division 4-- 2
insert-- 3
`130A Investigation orders Supreme Court may make 4
`(1) Also, the court may make any of the following orders under 5
section 130 (each an investigation order)-- 6
(a) an order (examination order) requiring a person whose 7
property is restrained under the restraining order or a 8
stated person to attend for examination on oath before 9
the court or a court officer about the following-- 10
(i) the affairs of any person whose property is 11
restrained under the restraining order; 12
(ii) the nature and location of any property of a person 13
whose property is restrained under the restraining 14
order; 15
(iii) the nature and location of any property restrained 16
under the restraining order that the applicant for 17
the order reasonably suspects is tainted property; 18
(b) an order (also an examination order) requiring the 19
spouse of a person whose property is restrained under 20
the restraining order to attend for examination on oath 21
before the court or a court officer about the spouse's 22
affairs, including the nature and location of property in 23
which the spouse or the person has an interest; 24
(c) an order (property particulars order) directing any of 25
the following to give to the DPP within a stated time a 26
sworn statement of particulars of, or of dealings with, 27
any property (whether or not the restrained property) as 28
the court considers appropriate-- 29
(i) a person whose property is restrained under the 30
restraining order; 31
(ii) a person whose property the restrained property 32
was at any time before the restraining order was 33
made; 34
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Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Part 2 Amendment of Criminal Proceeds Confiscation Act 2002
[s 39]
(iii) if the person mentioned in subparagraph (i) or (ii) 1
is or was a corporation--an executive officer of the 2
corporation. 3
`(2) Subsection (3) applies if an examination order is made 4
without notice of the application for the order being given to a 5
person required to attend for examination. 6
`(3) The examination must not be conducted less than 7 days after 7
the day on which the examination order is made, unless the 8
court considers it appropriate for the examination to be 9
conducted at an earlier time.'. 10
Clause 39 Omission of ch 3, pt 3, div 5, sdiv 1, s 130A (Meaning of 11
judicial registrar for subdiv 1) 12
Chapter 3, part 3, division 5, subdivision 1, section 130A-- 13
omit. 14
Clause 40 Replacement of s 131 (Judicial registrar's power to 15
conduct examinations) 16
Section 131-- 17
omit, insert-- 18
`131 Court officer's power to conduct examinations 19
`(1) This section applies if a court officer conducts an examination 20
under an examination order. 21
`(2) The court officer constitutes, and may exercise all the 22
jurisdiction and powers of, the court. 23
`(3) However, the court officer may not exercise any power of the 24
court to punish for contempt.'. 25
Clause 41 Amendment of s 131B (Examination to take place in 26
private) 27
Section 131B(2), `or judicial registrar'-- 28
Page 30
Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Part 2 Amendment of Criminal Proceeds Confiscation Act 2002
[s 42]
omit, insert-- 1
`or court officer'. 2
Clause 42 Amendment of s 131C (Role of the examinee's lawyer) 3
Sections 131C, `or judicial registrar'-- 4
omit, insert-- 5
`or court officer'. 6
Clause 43 Amendment of s 131D (Recording evidence) 7
(1) Section 131D, `or judicial registrar'-- 8
omit, insert-- 9
`or court officer'. 10
(2) Section 131D(3)(b), `in the court's or judicial registrar's 11
presence'-- 12
omit, insert-- 13
`in the court's or court officer's presence'. 14
Clause 44 Amendment of s 133 (Offence to contravene examination 15
order) 16
Section 133(d), `or judicial registrar'-- 17
omit, insert-- 18
`or court officer'. 19
Clause 45 Insertion of new s 133A 20
Chapter 3, part 3, division 5, subdivision 1-- 21
insert-- 22
Page 31
Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Part 2 Amendment of Criminal Proceeds Confiscation Act 2002
[s 46]
`133A Use and dissemination of examination information 1
`(1) This section applies to a statement, disclosure, document or 2
other thing mentioned in section 132(2) (examination 3
information). 4
`(2) The DPP or the commission may give the examination 5
information to-- 6
(a) a corresponding entity to help the entity to obtain other 7
evidence or other information (derived evidence) that 8
may be relevant to the enforcement of a corresponding 9
law; or 10
(b) an entity of the State, another State or the 11
Commonwealth that has a function of investigating or 12
prosecuting offences to help the entity to obtain other 13
evidence or other information (derived evidence) that 14
may be relevant to the investigation or prosecution of an 15
offence. 16
`(3) The giving of examination information under subsection (2), 17
its use to obtain derived evidence or the admissibility of the 18
derived evidence in a proceeding, including a prosecution for 19
an offence is unaffected by-- 20
(a) the fact that the examination information was obtained 21
because of section 132 and subject to section 131B; or 22
(b) any duty of confidentiality owed to the person from 23
whom the examination information was obtained; or 24
(c) the objects of this Act or the particular purpose for 25
which the examination information was obtained. 26
`(4) In this section-- 27
entity of the State, another State or the Commonwealth 28
includes a law enforcement agency established under a law of 29
the State, another State or the Commonwealth.'. 30
Clause 46 Insertion of new s 134A 31
Chapter 3, part 3, division 5, subdivision 2, after section 32
134-- 33
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Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Part 2 Amendment of Criminal Proceeds Confiscation Act 2002
[s 47]
insert-- 1
`134A Offence to contravene property particulars order 2
`A person directed under a property particulars order to give a 3
statement to the DPP within a stated period of time-- 4
(a) must comply with the direction unless the person has a 5
reasonable excuse; and 6
(b) must not make a statement that is false or misleading in 7
a material particular. 8
Maximum penalty--100 penalty units or 2 years 9
imprisonment.'. 10
Clause 47 Amendment of s 135 (Notice of restraining order) 11
Section 135-- 12
insert-- 13
`(2A) However, under subsection (2), the DPP is not required to give 14
a person whose property is restrained under a restraining order 15
a copy of, or notice of, an investigation order directed to 16
another person.'. 17
Clause 48 Amendment of s 139 (Supreme Court may exclude 18
prescribed respondent's property from restraining order) 19
Section 139(2)(a), after `tainted property'-- 20
insert-- 21
`and is not available substitute property'. 22
Clause 49 Amendment of s 140 (Supreme Court may exclude other 23
property from restraining order) 24
(1) Section 140(2)(a), after `tainted property'-- 25
insert-- 26
`and is not available substitute property'. 27
Page 33
Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Part 2 Amendment of Criminal Proceeds Confiscation Act 2002
[s 50]
(2) Section 140(3)(a), after `tainted property'-- 1
insert-- 2
`and is not available substitute property'. 3
Clause 50 Insertion of new ch 3, pt 4, div 2A 4
Chapter 3, part 4-- 5
insert-- 6
`Division 2A Tainted property substitution 7
declaration 8
`153A Definitions for div 2A 9
`In this division-- 10
applicant means a person who may apply for-- 11
(a) a forfeiture order; or 12
(b) a restraining order for the purposes of forfeiture. 13
convicted person means a person convicted of a confiscation 14
offence. 15
prescribed respondent see section 116. 16
unavailable property means property that is not available for 17
forfeiture. 18
`153B References to property that is not available for 19
forfeiture 20
`For this division, property is not available for forfeiture if the 21
convicted person does not have an interest in the property. 22
`153C Application for tainted property substitution 23
declaration 24
`(1) If a person is convicted of a confiscation offence, the State 25
may apply for a tainted property substitution declaration to the 26
Page 34
Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Part 2 Amendment of Criminal Proceeds Confiscation Act 2002
[s 50]
Supreme Court or the court before which the convicted person 1
is convicted. 2
`(2) The application under subsection (1) must-- 3
(a) be made in conjunction with an application for a 4
forfeiture order; and 5
(b) state the details of property that the convicted person 6
used or intended to use in, or in connection with, the 7
commission of the confiscation offence; and 8
(c) state the details of property that is to be substituted for 9
the property mentioned in paragraph (b) that-- 10
(i) is property in which the person had an interest at 11
the time the confiscation offence was committed; 12
and 13
(ii) is of the same nature or description as the property 14
mentioned in paragraph (b). 15
Example-- 16
A person is convicted of a confiscation offence involving 17
growing cannabis in a rented home unit. The prosecution may 18
apply to the court for a declaration that a home unit owned by 19
the person is tainted property even though the rented home unit 20
and the defendant's home unit are not of equal value. 21
`153D Court may make tainted property substitution 22
declaration 23
`(1) Subject to subsection (2), a court may make a tainted property 24
substitution declaration if the court is satisfied-- 25
(a) that the convicted person used, or intended to use, 26
particular property in, or in connection with, the 27
commission of the confiscation offence; and 28
(b) that the property mentioned in paragraph (a) is 29
unavailable property; and 30
(c) that the property that is to be substituted for the property 31
mentioned in paragraph (a)-- 32
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Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Part 2 Amendment of Criminal Proceeds Confiscation Act 2002
[s 50]
(i) is property in which the convicted person had an 1
interest at the time that the confiscation offence 2
was committed; and 3
(ii) is of the same nature or description as the property 4
mentioned in paragraph (a). 5
`(2) The court may make a tainted property substitution 6
declaration whether or not the value of the unavailable 7
property is equal to the value of the property that is to be 8
substituted for the unavailable property. 9
`(3) If the court makes a tainted property substitution declaration 10
for property, the property-- 11
(a) is substituted for the unavailable property; and 12
(b) is taken to be tainted property for this chapter. 13
`153E Restraining order for property that may become 14
subject to a tainted property substitution declaration 15
`(1) The State may apply under section 117 for a restraining order 16
for available substitute property. 17
`(2) The application under subsection (1) must-- 18
(a) state the details of property that the prescribed 19
respondent used or intended to use in, or in connection 20
with, the commission of the confiscation offence; and 21
(b) state the details of the property that may be substituted 22
for the property mentioned in paragraph (a) under a 23
tainted property substitution order that-- 24
(i) is property in which the prescribed respondent had 25
an interest at the time the confiscation offence was 26
committed; and 27
(ii) is of the same nature or description as the property 28
mentioned in paragraph (a). 29
`(3) For subsection (1), chapter 3, part 3 and any other provisions 30
of this Act that relate to the operation of that part apply with 31
necessary changes and changes prescribed by this section. 32
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Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Part 2 Amendment of Criminal Proceeds Confiscation Act 2002
[s 50]
`(4) For subsection (3)-- 1
(a) section 126 does not apply; and 2
(b) for section 118(b)(i), the affidavit of the police officer 3
must state instead-- 4
(i) the police officer suspects that-- 5
(A) stated property of the prescribed respondent 6
is tainted property; and 7
(B) other stated property of the prescribed 8
respondent, that is the subject of the 9
application, is available substitute property; 10
and 11
(ii) the reason for the suspicion; and 12
(c) for section 119(3)(a), the affidavit of the police officer 13
must state instead-- 14
(i) the police officer suspects that-- 15
(A) stated property of the other person is tainted 16
property; and 17
(B) other stated property of the prescribed 18
respondent, that is the subject of the 19
application, is available substitute property; 20
and 21
(ii) the reason for the suspicion; and 22
(d) for section 119(4)(a), the affidavit of the police officer 23
must state instead-- 24
(i) the police officer suspects that-- 25
(A) stated property of the other person is tainted 26
property; and 27
(B) other stated property of the prescribed 28
respondent, that is the subject of the 29
application, is available substitute property; 30
and 31
(ii) the reason for the suspicion; and 32
Page 37
Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Part 2 Amendment of Criminal Proceeds Confiscation Act 2002
[s 51]
(e) for section 130A(1)(a)(iii), the reference to tainted 1
property is taken to be a reference to available substitute 2
property; and 3
(f) for section 139(2)(a), the court must instead be satisfied 4
that either-- 5
(i) the prescribed respondent's property is not 6
available substitute property; or 7
(ii) the property for which the available substitute 8
property may be substituted under a tainted 9
property substitution declaration is not tainted 10
property; and 11
(g)) for section 140(2)(a) and section 140(3)(a), the court 12
must instead be satisfied that either-- 13
(i) the prescribed respondent's property is not 14
available substitute property; or 15
(ii) the property for which the available substitute 16
property may be substituted under a tainted 17
property substitution declaration is not tainted 18
property.'. 19
Clause 51 Amendment of s 158 (Making an innocent interest 20
exclusion order) 21
Section 158(2)(c)(ii), after `tainted property'-- 22
insert-- 23
`or could become tainted property under a tainted property 24
substitution declaration'. 25
Clause 52 Amendment of s 186 (Pecuniary penalty order increase if 26
forfeiture order discharged) 27
Section 186(1)(c)-- 28
omit, insert-- 29
`(c) after the pecuniary penalty order is made-- 30
Page 38
Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Part 2 Amendment of Criminal Proceeds Confiscation Act 2002
[s 53]
(i) the forfeiture ends because of an appeal against the 1
forfeiture order; or 2
(ii) an innocent interest exclusion order is made in 3
relation to any property forfeited under the 4
forfeiture order.'. 5
Clause 53 Amendment of s 236 (Cancellation of filing) 6
(1) Section 236(1), `or a judicial registrar'-- 7
omit. 8
(2) Section 236(1), `or judicial registrar'-- 9
omit. 10
Clause 54 Insertion of new ch 8, pt 2, div 1, hdg and div 2, hdg 11
(1) Before section 247-- 12
insert-- 13
`Division 1 Records'. 14
(2) After section 248-- 15
insert-- 16
`Division 2 Information volunteered by financial 17
institutions'. 18
Clause 55 Amendment of s 249 (Communication of information by 19
financial institutions to particular officers) 20
(1) Section 249(6)-- 21
renumber as 249(7). 22
(2) Section 249-- 23
insert-- 24
`(6) A person must not, other than as permitted under subsection 25
(2) or (3), disclose to anyone-- 26
Page 39
Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Part 2 Amendment of Criminal Proceeds Confiscation Act 2002
[s 56]
(a) that a financial institution, or an officer of a financial 1
institution, intends to give or has given information to a 2
police officer under subsection (2); or 3
(b) that a financial institution, or an officer of a financial 4
institution, intends to give or has given information to a 5
commission officer under subsection (3); or 6
(c) the nature of any information given under subsection (2) 7
or (3). 8
Maximum penalty--10 penalty units.'. 9
Clause 56 Insertion of new ch 8, pt 2, div 3 10
After section 249-- 11
insert-- 12
`Division 3 Notices to financial institutions 13
`249A Definition for div 3 14
`In this division-- 15
officer includes director, secretary, executive officer or 16
employee. 17
`249B Giving notice to financial institution 18
`(1) A police officer of or above the rank of inspector, or an 19
authorised commission officer, may give a written notice to a 20
financial institution requiring the financial institution to 21
advise a police officer or commission officer whether a stated 22
person holds an account with the financial institution. 23
`(2) The notice must state that-- 24
(a) the police officer or commission officer reasonably 25
believes that the notice is required-- 26
(i) to decide whether to take any action under this Act; 27
or 28
Page 40
Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Part 2 Amendment of Criminal Proceeds Confiscation Act 2002
[s 56]
(ii) in relation to proceedings under this Act; and 1
(b) the advice must be given within 14 days after the notice 2
is given. 3
`(3) The police officer or commission officer must not give the 4
notice unless the police officer or commission officer 5
reasonably believes that giving the notice is required-- 6
(a) to decide whether to take any action under this Act; or 7
(b) in relation to proceedings under this Act. 8
`249C Prohibition on disclosure 9
`A person must not, other than as required under section 10
249B, disclose to anyone that-- 11
(a) a financial institution, or an officer of a financial 12
institution, intends to give or has given information to a 13
police officer, or commission officer, under section 14
249B; or 15
(b) a financial institution is required to give information to a 16
police officer, or commission officer, under section 17
249B. 18
Maximum penalty--100 penalty units. 19
`249D Protection from suits etc. in relation to action taken 20
under s 249B 21
`(1) No action, suit or proceeding lies against-- 22
(a) a financial institution; or 23
(b) an officer or agent of the institution acting in the course 24
of the officer's or agent's employment or agency; 25
in relation to any action taken by the institution, officer or 26
agent under a notice under section 249B or in the mistaken 27
belief that action was required under the notice. 28
`(2) If a financial institution, or an officer or agent of the 29
institution, gives information under section 249B, the 30
Page 41
Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Part 2 Amendment of Criminal Proceeds Confiscation Act 2002
[s 57]
institution, officer or agent is taken, for the purposes of 1
sections 250 and 252, not to have been in possession of that 2
information at any time. 3
`249E Financial institution must comply with a notice 4
`A financial institution must comply with a notice given to it 5
under section 249B. 6
Maximum penalty--100 penalty units.'. 7
Clause 57 Amendment of s 250 (Money laundering) 8
(1) Section 250(1), penalty-- 9
omit, insert-- 10
`Maximum penalty-- 11
(a) for knowingly engaging in money laundering--3000 12
penalty units or 20 years imprisonment; or 13
(b) for recklessly engaging in money laundering--1500 14
penalty units or 10 years imprisonment.'. 15
(2) Section 250(2)-- 16
omit, insert-- 17
`(2) A person engages in money laundering if the person 18
knowingly or recklessly-- 19
(a) engages, directly or indirectly, in a transaction involving 20
money or other property that is tainted property; or 21
(b) receives, possesses, disposes of or brings into 22
Queensland money or other property that is tainted 23
property; or 24
(c) conceals or disguises the source, existence, nature, 25
location, ownership or control of tainted property. 26
`(2A) For subsection (2), a person knowingly does an act mentioned 27
in subsection (2)(a), (b) or (c) in relation to property 28
(knowingly engaging in money laundering) if the person 29
knows, or ought reasonably to know, that the property is 30
Page 42
Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Part 2 Amendment of Criminal Proceeds Confiscation Act 2002
[s 58]
tainted property or is derived from some form of unlawful 1
activity. 2
`(2B) For subsection (2), a person recklessly does an act mentioned 3
in subsection (2)(a), (b) or (c) in relation to property 4
(recklessly engaging in money laundering) if-- 5
(a) the person is aware there is a substantial risk the 6
property is tainted property or derived from some form 7
of criminal activity; and 8
(b) having regard to the circumstances known to the person, 9
it is unjustifiable for the person to take the risk. 10
`(2C) The question whether taking a risk is unjustifiable is one of 11
fact.'. 12
Clause 58 Insertion of new s 256A 13
Chapter 10, part 2, before section 257-- 14
insert-- 15
`256A Consent orders 16
`(1) Subject to subsection (2), the court may make an order in a 17
proceeding under chapter 2 or chapter 3 with the consent of-- 18
(a) the applicant in the proceeding; and 19
(b) everyone whom the court has reason to believe has an 20
interest in the property that is the subject of the 21
proceeding. 22
`(2) The court may make an order under subsection (1) if-- 23
(a) a person mentioned in subsection (1)(b) withholds 24
consent but the court considers it appropriate to make 25
the order; or 26
(b) the consent of a person mentioned in subsection (1)(b) 27
could not be obtained but the court considers it 28
appropriate to make the order. 29
`(3) The order may be made without consideration of the matters 30
the court would otherwise consider in the proceeding. 31
Page 43
Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Part 2 Amendment of Criminal Proceeds Confiscation Act 2002
[s 59]
`(4) This section does not apply to an order made on sentence for a 1
criminal offence.'. 2
Clause 59 Replacement of s 257 (Restriction on functions) 3
Section 257-- 4
omit, insert-- 5
`257 Restriction on functions 6
`A restraining order under chapter 2 and a restraining order 7
under chapter 3 may not both be made to be in force in 8
relation to the same property at the same time.'. 9
Clause 60 Omission of s 266 (Review of Act) 10
Section 266-- 11
omit. 12
Clause 61 Amendment of ch 12, hdg (Transitional provisions, repeal 13
and amendments) 14
Chapter 12, heading, `, repeal and amendments'-- 15
omit, insert-- 16
`and repeal provision'. 17
Clause 62 Amendment of ch 12, pt 1, hdg (Transitional provisions) 18
Chapter 12, part 1, heading, at the end-- 19
insert-- 20
`for Act No. 68 of 2002'. 21
Clause 63 Insertion of new ch 12, pt 3 22
After section 282-- 23
insert-- 24
Page 44
Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Part 2 Amendment of Criminal Proceeds Confiscation Act 2002
[s 63]
`Part 3 Transitional provisions for the 1
Criminal Proceeds 2
Confiscation and Other Acts 3
Amendment Act 2008 4
`283 Definition for this part 5
`In this part-- 6
amendment Act means the Criminal Proceeds Confiscation 7
and Other Acts Amendment Act 2008. 8
`284 Property controlled by public trustee 9
`This Act as amended by the amendment Act, section 7 10
applies in relation to property whether the public trustee was 11
directed to take control of the property before or after the 12
commencement of the section. 13
`285 Proceeds assessment order relating to an external 14
serious crime related activity 15
`This Act as amended by the amendment Act, section 29 16
applies in relation to external serious crime related activity 17
happening before or after the commencement of the section. 18
`286 Charges on property 19
`This Act as amended by the amending Act section 32, applies 20
in relation to all proceeds assessment orders made after the 21
commencement of the section. 22
`287 Orders under ss 37 and 129 23
`(1) This section applies if a person makes an application for a 24
particular type of order under section 37 or 129 before the 25
commencement and the Supreme Court has not dealt with the 26
application on the commencement. 27
Page 45
Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Part 2 Amendment of Criminal Proceeds Confiscation Act 2002
[s 63]
`(2) The application remains valid despite the amendment Act and 1
the Supreme Court, on the application, may make an order of 2
the same type after the commencement under the Act as 3
amended by the amendment Act. 4
`288 Exclusion of property from orders 5
`(1) This section applies if-- 6
(a) a person gave a notice under old section 47(3), 49(2), 7
65(3), 66(3) or 71(3); and 8
(b) the Supreme Court has not made an order on the 9
application of which notice was given in the notice. 10
`(2) The person is taken to comply with the following provisions 11
in relation to the application-- 12
· if the notice was given under old section 47(3)--section 13
47(3) and (3A) 14
· if the notice was given under old section 49(2)--section 15
49(2) and (2A) 16
· if the notice was given under old section 65(3)--section 17
65(3) and (3A) 18
· if the notice was given under old section 66(3)--section 19
66(3) and (3A) 20
· if the notice was given under old section 71(3)--section 21
71(3) and (3A). 22
`(3) In this section-- 23
old section 47(3), 49(2), 65(3), 66(3) or 71(3) means section 24
47(3), 49(2), 65(3), 66(3) or 71(3) as in force immediately 25
before the commencement of this section. 26
`289 Transitional provision for amendment of definition of 27
dealing 28
`To remove doubt, it is declared that the transaction described 29
in schedule 6, definition dealing, paragraph (da), inserted into 30
the definition by the amendment Act, section 66, was, from 31
Page 46
Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Part 2 Amendment of Criminal Proceeds Confiscation Act 2002
[s 64]
the commencement of the definition, always a dealing with 1
property.'. 2
Clause 64 Amendment of schedule 1 (Examples) 3
Schedule 1, part 2, section 3, example 1, subsection (6)(b)-- 4
omit, insert-- 5
`(b) the amount of $400000, made up of the $60000 6
mentioned in subsection (2)(a), and the $20000 7
mentioned in subsection (4)(b), for each year, is derived 8
proceeds.'. 9
Clause 65 Amendment of schedule 1 (Examples) 10
Schedule 1, part 4, section 12 example 3, subsection (6)(b)-- 11
omit, insert-- 12
`(b) the amount of $400000, made up of the $60000 13
mentioned in subsection (2)(a), and the $20000 14
mentioned in subsection (4)(b), for each year, is derived 15
proceeds.'. 16
Clause 66 Amendment of sch 6 (Dictionary) 17
(1) Schedule 6, definitions property and property particulars 18
order-- 19
omit. 20
(2) Schedule 6-- 21
insert-- 22
`applicant for chapter 4, part 4, division 2A, see section 23
153A. 24
available substitute property means property that may 25
become substituted for other property under a tainted property 26
substitution declaration. 27
convicted person for chapter 4, part 4, division 2A, see 28
section 153A. 29
Page 47
Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Part 2 Amendment of Criminal Proceeds Confiscation Act 2002
[s 66]
corresponding entity means an entity that has a function of 1
enforcing a corresponding law. 2
court officer means an officer of the Supreme Court 3
appointed by the principal registrar. 4
examination order see-- 5
(a) for chapter 2--section 38A(1)(a) or (b); or 6
(b) for chapter 3--section 130A(1)(a) or (b). 7
external serious crime related activity see section 16(3). 8
finding of serious crime related activity see section 78(1). 9
investigation order see-- 10
(a) for chapter 2--section 38A(1); or 11
(b) for chapter 3--section 130A(1). 12
officer, for chapter 8, part 2, division 3, see section 249A. 13
principal registrar means the person appointed as the 14
principal registrar of the Supreme Court. 15
property includes-- 16
(a) generally--property whether situated in Queensland or 17
elsewhere, including outside Australia; and 18
(b) for chapter 2--see section 19. 19
Note-- 20
For the meaning of property generally, see the Acts Interpretation Act 21
1954, sections 32AB (Terms defined both in this Act and another Act) 22
and 36 (Meaning of commonly used words and expressions), which 23
defines property as follows-- 24
property means any legal or equitable estate or interest (whether present 25
or future, vested or contingent, or tangible or intangible) in real or 26
personal property of any description (including money), and includes 27
things in action. 28
property particulars order see-- 29
(a) for chapter 2--section 38A(1)(c); or 30
(b) for chapter 3--section 130A(1)(c). 31
Page 48
Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Part 3 Amendment of Fair Trading Act 1989
[s 67]
tainted property substitution declaration means a tainted 1
property substitution declaration made under section 153C. 2
unavailable property for chapter 4, part 4, division 2A, see 3
section 153A.'. 4
(3) Schedule 6, definition dealing-- 5
insert-- 6
`(da) engaging in a transaction that has the direct or indirect 7
effect of changing the value of a person's interest in the 8
property; and'. 9
(4) Schedule 6, definition dealing, paragraph (i), after `(d)'-- 10
insert-- 11
`(da),'. 12
(5) Schedule 6, definition prescribed respondent, paragraph (d)-- 13
omit, insert-- 14
(d) for chapter 4, other than part 4, division 2A--section 15
200; or 16
(e) for chapter 4, part 4, division 2A--section 116. 17
Part 3 Amendment of Fair Trading Act 18
1989 19
Clause 67 Act amended in pt 3 20
This part amends the Fair Trading Act 1989 21
Clause 68 Amendment of s 71A (Exemptions from division for 22
particular contracts or types of contract) 23
Section 71A(1), after `division'-- 24
Page 49
Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Part 3 Amendment of Fair Trading Act 1989
[s 69]
insert-- 1
`, other than section 63,'. 2
Clause 69 Insertion of new pt 9 3
After section 117-- 4
insert-- 5
`Part 9 Transitional provision for 6
Criminal Proceeds 7
Confiscation and Other Acts 8
Amendment Act 2008 9
`118 Existing exemptions and applications for exemptions 10
for section 63 11
`(1) On the commencement-- 12
(a) any relevant exemption existing immediately before the 13
commencement is revoked; and 14
(b) any application for a relevant exemption existing 15
immediately before the commencement ends; and 16
(c) any entitlement or expectation that anyone has 17
immediately before the commencement to apply for or 18
to be given a relevant exemption is extinguished. 19
`(2) In this section-- 20
commencement means the commencement of the Criminal 21
Proceeds Confiscation and Other Acts Amendment Act 2008, 22
section 68. 23
relevant exemption means an exemption given under section 24
71A for section 63.'. 25
Page 50
Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Part 4 Amendment of Security Providers Act 1993
[s 70]
Part 4 Amendment of Security 1
Providers Act 1993 2
Clause 70 Act amended in pt 4 3
This part amends the Security Providers Act 1993. 4
Clause 71 Amendment of s 10 (Application) 5
Section 10-- 6
insert-- 7
`(3B) If the application is for carrying out the functions of a security 8
firm, the application must include evidence that the applicant 9
is a current member of an approved security industry 10
association.'. 11
Clause 72 Amendment of s 11 (Entitlement to licences--individuals) 12
(1) Section 11(2)(c)-- 13
renumber as section 11(2)(d). 14
(2) Section 11(2)-- 15
insert-- 16
`(c) for an application for a security firm licence--is a 17
current member of an approved security industry 18
association; and'. 19
Clause 73 Amendment of s 13 (Entitlement to 20
licences--corporations or firms) 21
Section 13(3)-- 22
insert-- 23
`(c) the applicant is a current member of an approved 24
security industry association.'. 25
Page 51
Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Part 4 Amendment of Security Providers Act 1993
[s 74]
Clause 74 Amendment of s 21 (Grounds for suspension, 1
cancellation or refusal to renew) 2
(1) Section 21(1)(f)-- 3
renumber as section 21(1)(g). 4
(2) Section 21(1)(d) and (e)-- 5
omit, insert-- 6
`(d) if the licensee is an individual or a partnership--the 7
individual, the partnership or any partner-- 8
(i) has been convicted of an offence against the 9
Industrial Relations Act 1999, section 666(1) 10
relating to the under payment of wages; or 11
(ii) has contravened an order of the industrial 12
commission or of the Industrial Magistrates Court 13
to pay wages; 14
(e) if the licensee is a corporation-- 15
(i) the licensee has been convicted of an offence 16
against the Workplace Relations Act 1996 (Cwlth), 17
section 719 in relation to the payment of an 18
amount to a person; or 19
(ii) the licensee has contravened an order of an eligible 20
court under the Workplace Relations Act 1996 21
(Cwlth), section 719(6) or (7) or 720 to pay an 22
amount to or on behalf of the person; 23
(f) the licensee is not a member of an approved security 24
industry association;'. 25
(3) Section 21-- 26
omit, insert-- 27
`(1A) However, subsection (1)(f) applies only if at least 60 days 28
have passed since the later of the following-- 29
(a) the licensee was last a member of an approved security 30
industry association; 31
(b) the commencement of this subsection.'. 32
Page 52
Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Part 4 Amendment of Security Providers Act 1993
[s 75]
Clause 75 Insertion of new s 21A 1
After section 21-- 2
insert-- 3
`21A Approved security industry association must give 4
notice of persons whose membership of the 5
association ends 6
`An approved security industry association must, within 14 7
days after the end of each successive month after becoming an 8
approved security industry association, give the chief 9
executive written notice of-- 10
(a) each person whose membership of the association ended 11
during the month; and 12
(b) the date the membership ended. 13
Maximum penalty--20 penalty units.'. 14
Clause 76 Insertion of new s 25B 15
Part 2, division 5, after section 25A-- 16
insert-- 17
`25B Approval of security industry associations 18
`The chief executive may, under requirements prescribed 19
under a regulation-- 20
(a) approve security industry associations for the purposes 21
of this part; or 22
(b) withdraw a security industry association's approval 23
under paragraph (a).'. 24
Clause 77 Amendment of pt 2, div 6, hdg (Appeals against licence 25
decisions) 26
Part 2, division 6, heading, after `decisions'-- 27
insert-- 28
`and decisions about approval of security industry 29
associations'. 30
Page 53
Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Part 4 Amendment of Security Providers Act 1993
[s 78]
Clause 78 Amendment of s 26 (Right to appeal to the Court) 1
Section 26(3)-- 2
omit, insert-- 3
`(3) A security industry association may appeal against a decision 4
of the chief executive-- 5
(a) to refuse to approve the association for the purposes of 6
this part; or 7
(b) to withdraw the association's approval under section 8
25B(a). 9
`(4) The appeal may be made-- 10
(a) for an appeal under subsection (1) or (2)--to the 11
Magistrates Court nearest the place where the applicant 12
or licensee resides or carries on, or proposes to carry on, 13
business or employment under the licence; or 14
(b) for an appeal under subsection (3)-- 15
(i) if the association's principal place of business is in 16
Queensland--to the Magistrates Court nearest that 17
place; or 18
(ii) if the association's principal place of business is 19
outside Queensland--the Brisbane Magistrates 20
Court.'. 21
Clause 79 Amendment of sch 2 (Dictionary) 22
Schedule 2-- 23
insert-- 24
`approved security industry association means a security 25
industry association approved under section 25B(a) whose 26
approval under that section has not been withdrawn by the 27
chief executive under section 25B(b). 28
security industry association means an association that 29
represents the interests of security providers.'. 30
Page 54
Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Part 5 Amendment of Trusts Act 1973
[s 80]
Part 5 Amendment of Trusts Act 1973 1
Clause 80 Act amended in pt 5 2
This part amends the Trusts Act 1973. 3
Clause 81 Amendment of s 5 (Definitions) 4
Section 5(1), definition approved form, `section 114.' and 5
footnote-- 6
omit, insert-- 7
`section 118.'. 8
Clause 82 Amendment of s 67 (Protection of trustees by means of 9
advertisements) 10
Section 67(4)(a), `section 109'-- 11
omit, insert-- 12
`section 113'. 13
Clause 83 Renumbering of pts 9 and 10 and ss 107 to 115 14
(1) Parts 9 and 10-- 15
renumber as parts 10 and 11. 16
(2) Sections 107 to 115-- 17
renumber as sections 111 to 119. 18
Clause 84 Insertion of new pt 9 19
After section 106-- 20
insert-- 21
`Part 9 Gifts by particular trusts for 22
philanthropic purposes 23
Page 55
Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Part 5 Amendment of Trusts Act 1973
[s 84]
`107 Definitions for pt 9 1
`In this part-- 2
eligible recipient means a deductible gift recipient under the 3
Income Tax Assessment Act 1997 (Cwlth), whether or not the 4
deductible gift recipient is a charity at law or (without 5
limitation) is established for a charitable purpose or purposes. 6
prescribed trust means a trust-- 7
(a) that establishes and maintains a fund mentioned in item 8
2 of the table of the Income Tax Assessment Act 1997 9
(Cwlth), section 30-15; or 10
(b) that is established for charitable or philanthropic 11
purposes and is of a class prescribed under a regulation. 12
trust instrument means the initial instrument establishing a 13
prescribed trust, as modified by all validly executed 14
amendments. 15
`108 Prescribed trust--trust instrument containing 16
express power to give to eligible recipients 17
`The trust instrument of a prescribed trust may include an 18
express power for the trustees to provide money, property or 19
benefits to or for an eligible recipient or for the establishment 20
of an eligible recipient. 21
`109 Prescribed trust--trust instrument not containing 22
express power to give to eligible recipients 23
`(1) The powers of the trustees of a prescribed trust, whose trust 24
instrument does not contain an express power to do so, 25
include a power to provide money, property or benefits to or 26
for an eligible recipient or for the establishment of an eligible 27
recipient. 28
`(2) Subsection (1)-- 29
(a) applies despite any provision to the contrary in the trust 30
instrument; but 31
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Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Part 5 Amendment of Trusts Act 1973
[s 84]
(b) does not apply in relation to a particular eligible 1
recipient or a particular class of eligible recipients to the 2
extent that there is an express prohibition in the trust 3
instrument against the provision by the trustees of 4
money, property or benefits-- 5
(i) to or for that eligible recipient or class of eligible 6
recipients; or 7
(ii) for the establishment of that eligible recipient or 8
class of eligible recipients. 9
`(3) Subsection (1) does not apply to the trustees of a prescribed 10
trust unless there is in force a declaration substantially to the 11
effect of the approved form for the prescribed trust. 12
`(4) For the purpose of making a declaration under this section, the 13
approved form may be modified so as to limit the application 14
of the declaration to a stated eligible recipient or stated class 15
of eligible recipients. 16
`(5) If the declaration made for a prescribed trust is so limited, 17
subsection (1) in its application to the prescribed trust has 18
effect only in relation to the stated eligible recipient or stated 19
class of eligible recipients. 20
`(6) The trustees must ensure that the declaration, or a certified 21
copy of it, is retained with the records of the prescribed trust. 22
`(7) The trustees are not under a duty to make a declaration under 23
this section, nor are the trustees in breach of a duty in making 24
a declaration under this section. 25
`110 Ancillary provisions 26
`(1) A reference in this section to prescribed power, in relation to a 27
prescribed trust, means-- 28
(a) a power referred to in section 108 included in the trust 29
instrument; or 30
(b) the power referred to in section 109 as applying to the 31
prescribed trust. 32
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Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Part 5 Amendment of Trusts Act 1973
[s 85]
`(2) This Act applies to a prescribed trust as if the prescribed 1
power were a power exercisable for a charitable purpose. 2
`(3) Without limiting subsection (2)-- 3
(a) neither the existence nor the exercise of the prescribed 4
power affects the validity or status of a charitable trust 5
as a charitable trust; and 6
(b) a prescribed trust is to be construed and given effect to 7
as if-- 8
(i) the prescribed power were a power exercisable for 9
a charitable purpose; and 10
(ii) any payment or application of the trust property or 11
the trust income, or any part of either of them, in 12
the way allowed by the power were to or for a 13
charitable purpose; and 14
(c) the existence or exercise of the prescribed power does 15
not affect the control of a prescribed trust by the court in 16
the exercise of the court's general jurisdiction in relation 17
to charitable trusts; and 18
(d) the jurisdiction mentioned in paragraph (c) extends to 19
the prescribed power as if the power were exercisable 20
for a charitable purpose.'. 21
Clause 85 Amendment of pt 11 hdg as renumbered 22
Part 11, as renumbered, heading, after `Transitional 23
provision'-- 24
insert-- 25
`for Trusts (Investments) Amendment Act 1999'. 26
Clause 86 Insertion of new pt 12 27
After section 119-- 28
insert-- 29
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Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Part 5 Amendment of Trusts Act 1973
[s 86]
`Part 12 Transitional provisions for 1
Criminal Proceeds 2
Confiscation and Other Acts 3
Amendment Act 2008 4
`120 Definitions for pt 12 5
`In this part-- 6
commencement day means the date of assent of the Criminal 7
Proceeds Confiscation and Other Acts Amendment Act 2008. 8
eligible recipient see section 107. 9
prescribed trust see sections 107 and 121. 10
`121 Application of pt 9 to existing trusts 11
`For part 9 and this part, a trust is a prescribed trust as defined 12
under section 107 whether the trust was created before, on or 13
after the commencement day. 14
`122 Validation 15
`(1) The provision, before the commencement day, by the trustees 16
of a prescribed trust of money, property or benefits to or for an 17
eligible recipient or for the establishment of an eligible 18
recipient-- 19
(a) is taken to be, and always to have been, a provision for 20
an authorised and valid purpose of the prescribed trust; 21
and 22
(b) does not affect, and is taken never to have affected, the 23
status of the prescribed trust as a charitable trust. 24
`(2) Subsection (1) applies despite anything to the contrary in the 25
trust instrument. 26
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Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Part 5 Amendment of Trusts Act 1973
[s 86]
`(3) The inclusion of a power referred to in section 108 in the trust 1
instrument of a prescribed trust before the commencement 2
day is taken to be, and always to have been, validly included.'. 3
© State of Queensland 2008
Page 60
AMENDMENTS TO BILL
Criminal Proceeds Confiscation and Other Acts Amendment Bill 2008
Criminal Proceeds Confiscation and Other
Acts Amendment Bill 2008
Amendment agreed to during Consideration
1 Clause 74 (Amendment of s 21 (Grounds for suspension,
cancellation or refusal to renew))--
At page 52, line 27, `omit,'--
omit.
© State of Queensland 2009
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