Proceeds of Crime Act 2002

CHAPTER 1 - INTRODUCTION  

PART 1-4 - APPLICATION  

Division 2 - The national unexplained wealth provisions  

Subdivision A - General  

SECTION 14B   Constitutional basis of the national unexplained wealth provisions  

What this section is about

14B(1)  
This section sets out the constitutional basis of the *national unexplained wealth provisions. National unexplained wealth provisions

14B(2)  
The national unexplained wealth provisions are:


(a) the *main unexplained wealth provisions; and


(b) the *participating jurisdiction information gathering provisions; and


(c) the *unexplained wealth machinery and transitional provisions. Main unexplained wealth provisions

14B(3)  
The main unexplained wealth provisions are:


(a) section 20A and Part 2-6 ; and


(b) the other provisions of this Act in so far as they relate to that section or that Part; and


(c) instruments made under this Act for the purposes of a provision referred to in paragraph (a) or (b). Participating jurisdiction information gathering provisions

14B(4)  
The participating jurisdiction information gathering provisions are:


(a) section 14M and Schedule 1 ; and


(b) the other provisions of this Act in so far as they relate to that section or that Schedule; and


(c) instruments made under this Act for the purposes of a provision referred to in paragraph (a) or (b). Unexplained wealth machinery and transitional provisions

14B(5)  
The unexplained wealth machinery and transitional provisions are:


(a) the following provisions (the main machinery and transitional provisions ):


(i) sections 14A to 14L and 14N ;

(ii) the definitions of adoption Act , amendment reference , cooperating State , express amendment , information gathering , main machinery and transitional provisions , main unexplained wealth provisions , national unexplained wealth provisions , non-participating State , participating jurisdiction information gathering provisions , participating State , post-amended version 1 of this Act , post-amended version 2 of this Act , pre-amended version of this Act, referral Act , relevant law 1 , relevant law 2 , special confiscation law , text reference 1 , text reference 2 , unexplained wealth and unexplained wealth machinery and transitional provisions in section 338 ;

(iii) Schedule 2 ; and


(b) the other provisions of this Act in so far as they relate to any of the main machinery and transitional provisions; and


(c) instruments made under this Act for the purposes of a provision referred to in paragraph (a) or (b). Application in participating States

14B(6)  
The application of the *national unexplained wealth provisions in a *participating State is based on:


(a) the legislative powers that the Commonwealth Parliament has because of a reference or an adoption by the Parliaments of the participating States under paragraph 51(xxxvii) of the Constitution; and


(b) the other legislative powers that the Commonwealth Parliament has under the Constitution. Application in non-participating States

14B(7)  
The application of the *national unexplained wealth provisions (other than the *unexplained wealth machinery and transitional provisions) in a *non-participating State is based on:


(a) the legislative powers that the Commonwealth Parliament has under section 51 (other than paragraph 51(xxxvii) ) and section 122 of the Constitution; and


(b) the other legislative powers that the Commonwealth Parliament has under the Constitution.

14B(8)  
The application of the *unexplained wealth machinery and transitional provisions in a *non-participating State that:


(a) was a *participating State because it had referred to the Commonwealth Parliament:


(i) *text reference 1; and

(ii) *text reference 2; and

(iii) the *amendment reference; and


(b) ceased to be a participating State because it terminated either or both of the following:


(i) the referral of text reference 1;

(ii) the referral of the amendment reference; and


(c) has not terminated the referral of text reference 2;

is based on:


(d) the legislative powers that the Commonwealth Parliament has because of the referral of text reference 2 under paragraph 51(xxxvii) of the Constitution; and


(e) the other legislative powers that the Commonwealth Parliament has under the Constitution.

14B(9)  
The application of the *unexplained wealth machinery and transitional provisions in a *non-participating State that:


(a) was a *participating State because it had:


(i) adopted *post-amended version 1 of this Act; and

(ii) adopted *post-amended version 2 of this Act; and

(iii) referred to the Commonwealth Parliament the *amendment reference; and


(b) ceased to be a participating State because it terminated either or both of the following:


(i) the adoption of post-amended version 1 of this Act;

(ii) the referral of the amendment reference; and


(c) has not terminated the adoption of post-amended version 2 of this Act;

is based on:


(d) the legislative powers that the Commonwealth Parliament has because of the adoption of post-amended version 2 of this Act under paragraph 51(xxxvii) of the Constitution; and


(e) the other legislative powers that the Commonwealth Parliament has under the Constitution.

14B(10)  
The application of the *unexplained wealth machinery and transitional provisions in a *non-participating State not covered by subsection (8) or (9) is based on:


(a) the legislative powers that the Commonwealth Parliament has under section 51 (other than paragraph 51(xxxvii) ) and section 122 of the Constitution; and


(b) the other legislative powers that the Commonwealth Parliament has under the Constitution. Application in a self-governing Territory

14B(11)  
The application of the *national unexplained wealth provisions in a *self-governing Territory is based on:


(a) the legislative powers that the Commonwealth Parliament has under section 122 of the Constitution to make laws for the government of a Territory; and


(b) the other legislative powers that the Commonwealth Parliament has under the Constitution.

Despite section 2H of the Acts Interpretation Act 1901 , the national unexplained wealth provisions as applying in a self-governing Territory are laws of the Commonwealth.

Application outside Australia

14B(12)  
The application of the *national unexplained wealth provisions outside *Australia is based on:


(a) the legislative powers that the Commonwealth Parliament has under paragraph 51(xxix) of the Constitution; and


(b) the legislative powers that the Commonwealth Parliament has under section 51 (other than paragraph 51(xxix) ) and section 122 of the Constitution; and


(c) the other legislative powers that the Commonwealth Parliament has under the Constitution.




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