Commonwealth Numbered Regulations - Explanatory Statements

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PROCEEDS OF CRIME REGULATIONS (AMENDMENT) 1997 NO. 110

Statutory Rules 1997 No. 110

Issued by the Authority of the Attorney-General and Minister for Justice

Proceeds of Crime Act 1987

Proceeds of Crime Regulations (Amendment)

Background

Section 104 of the Proceeds of Crime Act 1987 provides that the Governor-General may make regulations for the purposes of the Act.

Purpose

The purpose of the amendments is to enable proceeds that have been forfeited to the Commonwealth to be shared with a foreign country where that country has assisted in the investigation, and to enable the Commonwealth to accept from a foreign country proceeds that have been forfeited to that country where a Commonwealth agency has assisted in the investigation. Those sharing arrangements are intended to foster international co-operation in law enforcement. The second purpose of the amendments is to remove reference to prescribed law enforcement agencies. That reference is removed because funds which were formerly provided from the Confiscated Assets Trust Fund to law enforcement projects, will now be paid into the Consolidated Revenue Fund.

Background

The Proceeds of Crime Regulations (Amendment) amends the regulations to add reference to money paid into and money paid out of the Confiscated Assets Trust Fund in connection with sharing recoveries of proceeds of crime.

The value of proceeds forfeited to the Commonwealth may be shared with the government of a foreign country where an agency of that country (for example, its police force) has contributed significantly to the investigation which led to conviction and consequent forfeiture of proceeds to the Commonwealth. The amounts shared reflect the Commonwealth Attorney-General's view of the degree or the importance of the participation by the various agencies. The Commonwealth is also able to accept payments from a foreign country where an Australian agency has contributed to the investigation which led to the forfeiture of proceeds to that foreign country.

The regulations are also amended to remove references to law enforcement projects and prescribed law enforcement agencies, consequent upon the amendment of the Act removing reference to the distribution of funds from the Confiscated Assets Trust Fund to fund law enforcement projects. Those funds will now be paid into the Consolidated Revenue Fund.

The Amendments

Regulation 1 is a procedural clause. The Regulations commence on gazettal.

Regulation 2 amends Proceeds of Crime Regulation 3A, which sets out moneys that are paid into the Confiscated Assets Trust Fund. A reference to money paid to Australia by a foreign country in connection with assistance provided by the Commonwealth in relation to that foreign country recovering proceeds of unlawful activity or the investigation or prosecution of unlawful activity is added to Regulation 3A.

Subregulation 3.1 amends regulation 15 of the Proceeds of Crime Regulations. The matters to be taken into account by the Attorney-General in making a determination of the amount of funds available for payment into the Consolidated Revenue Fund is amended by adding to those matters, an amount payable to a foreign country. That amount refers to an amount which may be paid by Australia to a foreign country where that country has assisted in the recovery of proceeds of unlawful activity or the investigation or prosecution of unlawful activity.

Subregulation 3.2 removes subregulation 15(2). That subregulation required the AttorneyGeneral to make the first determination of the amount of funds available no later than 12 months after the regulations commenced. That subregulation is now spent.

Regulation 4 removes Proceeds of Crime Regulation 16, which formerly prescribed law enforcement agencies which were eligible to receive funding from the Confiscated Assets Trust Fund for law enforcement projects.