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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
CRIME (CONFISCATION OF PROFITS)
AMENDMENT BILL 2018
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Repeal of Act
PART 2 - CRIME (CONFISCATION OF PROFITS) ACT 1993
AMENDED
4. Principal Act
5. Section 80 amended (Interpretation)
6. Section 87 amended (Notice to financial organisations to provide
information)
7. Section 90 amended (Giving false or misleading information)
8. Section 92 amended (Examination orders )
9. Section 94 amended (Complying with examination orders)
10. Section 97 amended (Document production orders)
11. Section 99 amended (Complying with document production
orders)
12. Section 108 amended (Disclosure not permitted)
13. Section 116 amended (Interim wealth-restraining orders)
14. Section 118 amended (Wealth-restraining orders)
[Bill 34]-VI
15. Section 169 amended (Application of Act to property held by
Public Trustee under this Part)
16. Section 206 inserted
206. Further amendment of regulations not prevented
PART 3 - CRIME (CONFISCATION OF PROFITS) REGULATIONS
2014 AMENDED
17. Principal Regulations
18. Regulation 9 amended (Prescribed purpose under section
79(5)(e) of Act)
2
CRIME (CONFISCATION OF PROFITS)
AMENDMENT BILL 2018
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
25 September 2018
(Brought in by the Minister for Justice, the Honourable Elise
Nicole Archer)
A BILL FOR
An Act to amend the Crime (Confiscation of Profits) Act
1993 and the Crime (Confiscation of Profits) Regulations
2014
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Crime
(Confiscation of Profits) Amendment Act 2018.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 34] 3
Crime (Confiscation of Profits) Amendment Act 2018
Act No. of 2018
s. 3 Part 1 - Preliminary
3. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
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Crime (Confiscation of Profits) Amendment Act 2018
Act No. of 2018
Part 2 - Crime (Confiscation of Profits) Act 1993 Amended s. 4
PART 2 - CRIME (CONFISCATION OF PROFITS) ACT
1993 AMENDED
4. Principal Act
In this Part, the Crime (Confiscation of Profits)
Act 1993* is referred to as the Principal Act.
5. Section 80 amended (Interpretation)
Section 80 of the Principal Act is amended by
inserting after subsection (2) the following
subsection:
(3) For the avoidance of doubt, if under this
Part a requirement is made of, or an
obligation is held by, a body of persons,
whether corporate or unincorporated, the
requirement is made of, or obligation is
held by, each person within that body of
persons, in so far as that person can fulfil
the requirement, or satisfy the obligation,
in his or her actual, or apparent, authority
as a member of that body of persons.
6. Section 87 amended (Notice to financial
organisations to provide information)
Section 87 of the Principal Act is amended as
follows:
_______________________________________________________________
*No. 20 of 1993
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Crime (Confiscation of Profits) Amendment Act 2018
Act No. of 2018
s. 6 Part 2 - Crime (Confiscation of Profits) Act 1993 Amended
(a) by inserting the following paragraph after
paragraph (b) in subsection (1):
(ba) provide each record, information,
material or thing in the custody or
possession, or under the control,
of the organisation that may be
relevant to unexplained wealth
proceedings, or persons, specified
in the notice;
(b) by inserting the following subsections
after subsection (2):
(2A) In requiring a financial
organisation to provide a record,
information, material or thing in
the custody or possession, or
under the control, of the
organisation, the DPP may direct
that the record, information,
material or thing be delivered -
(a) at a place specified in the
notice; and
(b) to the DPP or any other
person specified in the
notice; and
(c) in person, by certified
mail or in another
specified manner.
(2B) If the DPP has required a
financial organisation to provide
a record, information, material or
6
Crime (Confiscation of Profits) Amendment Act 2018
Act No. of 2018
Part 2 - Crime (Confiscation of Profits) Act 1993 Amended s. 6
thing in the custody or
possession, or under the control,
of the organisation -
(a) the DPP may retain that
record, information,
material or thing for so
long as is necessary for
the purposes of this Part;
and
(b) if possible and on the
request of a person who
would be entitled to
possession of that record,
information, material or
thing if it were not in the
possession of the DPP,
the DPP must provide that
person with a certified
copy of the record,
information, material or
thing as soon as
practicable.
(2C) A certified copy of a record,
information, material or thing
provided under
subsection (2B)(b) is to be
received in all courts and
elsewhere as evidence of the
matters contained in the copy as
if it were the original.
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Act No. of 2018
s. 7 Part 2 - Crime (Confiscation of Profits) Act 1993 Amended
7. Section 90 amended (Giving false or misleading
information)
Section 90(1)(c) of the Principal Act is amended
by omitting "section 88" and substituting
"section 87 or 88".
8. Section 92 amended (Examination orders )
Section 92 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "another
person's" and substituting "the person's,
or another person's,";
(b) by omitting from subsection (2)(a)
"another person" and substituting "a
person";
(c) by inserting the following paragraph after
paragraph (a) in subsection (2):
(ab) the nature, location and source of
property that forms, or may form,
part of the wealth, liabilities,
income and expenditure of a
person who has, or is suspected
on reasonable grounds of having,
wealth that is not lawfully
acquired;
(d) by inserting the following paragraph after
paragraph (b) in subsection (2):
8
Crime (Confiscation of Profits) Amendment Act 2018
Act No. of 2018
Part 2 - Crime (Confiscation of Profits) Act 1993 Amended s. 8
(ba) the identity of any person who
may have possession, control,
custody or management of -
(i) the wealth, liabilities,
income and expenditure
of a person who has, or is
suspected on reasonable
grounds of having, wealth
that is not lawfully
acquired; and
(ii) the wealth, liabilities,
income and expenditure
of the person to be
examined; and
(iii) any property-tracking
documents;
(e) by omitting from subsection (2)(c)
"another person's" first occurring and
substituting "the person's, or another
person's,";
(f) by omitting from subsection (2)(c)
"another person's" second occurring and
substituting "that";
(g) by omitting from subsection (3)(b)
"another" and substituting "the";
(h) by omitting from subsection (3)(c)
"another person's" first occurring and
substituting "the person's, or another
person's,";
9
Crime (Confiscation of Profits) Amendment Act 2018
Act No. of 2018
s. 9 Part 2 - Crime (Confiscation of Profits) Act 1993 Amended
(i) by omitting from subsection (3)(c)
"another person's" second occurring and
substituting "that".
9. Section 94 amended (Complying with examination
orders)
Section 94(7) of the Principal Act is amended as
follows:
(a) by omitting "against the person" first
occurring;
(b) by inserting in paragraph (b) "against the
person" after "proceeding";
(c) by omitting from paragraph (c) "property
owned, effectively controlled or given
away by the person, but only for the
purpose of facilitating the identification
of such property." and substituting
"property.".
10. Section 97 amended (Document production orders)
Section 97(1)(a) of the Principal Act is amended
by omitting "another" and substituting "a".
11. Section 99 amended (Complying with document
production orders)
Section 99(5) of the Principal Act is amended as
follows:
10
Crime (Confiscation of Profits) Amendment Act 2018
Act No. of 2018
Part 2 - Crime (Confiscation of Profits) Act 1993 Amended s. 12
(a) by omitting "against the person" first
occurring;
(b) by inserting in paragraph (b) "against the
person" after "proceeding";
(c) by omitting from paragraph (c) "property
owned, effectively controlled or given
away by the person, but only for the
purpose of facilitating the identification
of such property." and substituting
"property.".
12. Section 108 amended (Disclosure not permitted)
Section 108(1)(g) of the Principal Act is
amended by omitting "another" and substituting
"a".
13. Section 116 amended (Interim wealth-restraining
orders)
Section 116 of the Principal Act is amended as
follows:
(a) by inserting the following subsection
after subsection (4):
(4A) The Magistrates Court or
Supreme Court may refuse to
make an interim wealth-
restraining order under
subsection (3) if the DPP, on
behalf of the State, refuses or
fails to give to the court such
undertakings as the court
11
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Act No. of 2018
s. 14 Part 2 - Crime (Confiscation of Profits) Act 1993 Amended
considers appropriate with
respect to the payment of
damages or costs, or both, in
relation to the making and
operation of the order.
(b) by omitting subsection (6) and
substituting the following subsection:
(6) An interim wealth-restraining
order has effect until the
expiration of -
(a) 3 days after it was made,
excluding any Saturdays,
Sundays or statutory
holidays as defined in the
Statutory Holidays Act
2000; or
(b) such further period as is
specified in the interim
wealth-restraining order
by the court making the
order.
14. Section 118 amended (Wealth-restraining orders)
Section 118 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2)(c)
"within 21 days" and substituting "within
a reasonable period that is not less than
21 days";
12
Crime (Confiscation of Profits) Amendment Act 2018
Act No. of 2018
Part 2 - Crime (Confiscation of Profits) Act 1993 Amended s. 15
(b) by inserting the following subsection
after subsection (2):
(2A) The Supreme Court may refuse to
make a wealth-restraining order
under this section if the DPP, on
behalf of the State, refuses or
fails to give to the court such
undertakings as the court
considers appropriate with
respect to the payment of
damages or costs, or both, in
relation to the making and
operation of the order.
15. Section 169 amended (Application of Act to
property held by Public Trustee under this Part)
Section 169 of the Principal Act is amended by
inserting after subsection (4) the following
subsection:
(5) For the purpose of this section, a
reference in section 35, 36 or 37 to the
Public Trustee having custody and
control of property under a restraining
order is taken to be a reference to the
Public Trustee having control or
management of the property under this
Part.
16. Section 206 inserted
After section 205 of the Principal Act, the
following section is inserted in Part 10:
13
Crime (Confiscation of Profits) Amendment Act 2018
Act No. of 2018
s. 16 Part 2 - Crime (Confiscation of Profits) Act 1993 Amended
206. Further amendment of regulations not
prevented
The amendment, by the Crime
(Confiscation of Profits) Amendment Act
2018, of a provision of the regulations
made under this Act does not prevent
that, or any other, provision of those
regulations from being amended or
rescinded by a later regulation.
14
Crime (Confiscation of Profits) Amendment Act 2018
Act No. of 2018
Part 3 - Crime (Confiscation of Profits) Regulations 2014 Amended s. 17
PART 3 - CRIME (CONFISCATION OF PROFITS)
REGULATIONS 2014 AMENDED
17. Principal Regulations
In this Part, the Crime (Confiscation of Profits)
Regulations 2014* are referred to as the
Principal Regulations.
18. Regulation 9 amended (Prescribed purpose under
section 79(5)(e) of Act)
Regulation 9 of the Principal Regulations is
amended by inserting after paragraph (a) the
following paragraph:
(ab) the reimbursement to the Public Trustee
of any reasonable costs or expenses,
incurred by the Public Trustee as a result
of having control or management of
property under Part 9 of the Act, that are
not otherwise reimbursed under the Act;
_______________________________________________________________
*S.R. 2014, No. 117
Government Printer, Tasmania 15