Unexplained Wealth Legislation Amendment Act 2018 (126 of 2018)
Schedule 1 State reference or adoption for the purposes of the national cooperative scheme on unexplained wealth
Proceeds of Crime Act 2002
6 At the end of the Act
Add:
Schedule 2 - Transitional, application and saving provisions relating to the national cooperative scheme on unexplained wealth
Note: See section 14N.
Part 1 - General
Division 1 - Termination of State reference or adoption
1 Effect of termination on things that happened beforehand etc.
(1) This clause applies if a *participating State ceases to be a participating State because it has terminated its reference or adoption as described in subsection 14C(8) or (9).
(2) The termination does not:
(a) revive anything not in force or existing at the time at which the termination takes effect; or
(b) affect the previous operation of the *national unexplained wealth provisions before the termination; or
(c) affect any proceedings instituted under or in relation to the national unexplained wealth provisions before the termination; or
(d) affect any order made under or in relation to the national unexplained wealth provisions before the termination; or
(e) affect any thing done under or in relation to the national unexplained wealth provisions before the termination; or
(f) affect any right, privilege, obligation or liability acquired, accrued or incurred under or in relation to the national unexplained wealth provisions before the termination; or
(g) affect any penalty, forfeiture or punishment incurred under or in relation to the national unexplained wealth provisions before the termination; or
(h) affect any investigation, action, proceedings or remedy in relation to any matter referred to in paragraph (c), (d), (e), (f) or (g).
Paragraphs (a) to (h) do not limit each other.
(3) Without limiting subclause (2) but subject to subclause (4):
(a) any proceedings instituted under or in relation to the *national unexplained wealth provisions before the termination continue after the termination as if the termination had not occurred; and
(b) any order made under or in relation to the national unexplained wealth provisions before the termination continues in force after the termination as if the termination had not occurred; and
(c) any proceedings or remedy in relation to a matter referred to in paragraph (2)(c), (d), (f) or (g) may be instituted, continued, obtained or enforced after the termination as if the termination had not occurred; and
(d) any investigation in relation to a matter referred to in paragraph (2)(c), (d), (f) or (g) may be continued after the termination as if the termination had not occurred; and
(e) any action in relation to any proceedings, order, remedy or investigation referred to in a paragraph of this subclause may be taken after the termination as if the termination had not occurred.
Paragraphs (a) to (e) of this subclause do not limit each other.
(4) This Act, as in force immediately before the termination, continues to apply after the termination in relation to any matter referred to in paragraphs (2)(c) to (h) or (3)(a) to (e) as if the termination had not occurred.
2 Effect of termination on the sharing of certain proceeds of confiscated assets
(1) If:
(a) a State ceases to be a *participating State because it has terminated its reference or adoption as described in subsection 14C(8) or (9); and
(b) the State has not terminated:
(i) if the State referred *text reference 2 - that referral; or
(ii) if the State adopted *post-amended version 2 of this Act - that adoption; and
(c) *proceeds of confiscated assets are credited to the *Confiscated Assets Account after the termination; and
(d) the amount credited as referred to in paragraph (c) is the amount of an *unexplained wealth order to the extent it has been paid to the Commonwealth (see paragraph 296(3)(fa)); and
(e) the unexplained wealth order relates to a *relevant offence of the State;
then Division 2 of Part 4-3 applies in relation to the sharing of those proceeds as if the State were a participating State.
Note: Division 2 of Part 4-3 is about sharing proceeds of confiscated assets under the national cooperative scheme.
(2) Subclause (1) does not apply if the State is a *cooperating State.
Note: If the State is a cooperating State, it will be treated in the same way as a participating State for all proceeds of confiscated assets (and not just proceeds that are amounts payable under unexplained wealth orders).
3 Effect of termination - regulations
(1) The regulations may make provision in relation to circumstances that arise because a State ceases to be a *participating State.
(2) Subclause (1) and clauses 1 and 2 do not limit each other.
Division 2 - Ceasing to be a relevant offence of a State
4 Effect of cessation on things that happen beforehand etc.
(1) This clause applies if an offence against a law of a *participating State ceases to be a *relevant offence of that State.
(2) The cessation does not:
(a) revive anything not in force or existing at the time at which the cessation takes effect; or
(b) affect the previous operation of the *national unexplained wealth provisions before the cessation; or
(c) affect any proceedings instituted under or in relation to the national unexplained wealth provisions before the cessation; or
(d) affect any order made under or in relation to the national unexplained wealth provisions before the cessation; or
(e) affect any thing done under or in relation to the national unexplained wealth provisions before the cessation; or
(f) affect any right, privilege, obligation or liability acquired, accrued or incurred under or in relation to the national unexplained wealth provisions before the cessation; or
(g) affect any penalty, forfeiture or punishment incurred under or in relation to the national unexplained wealth provisions before the cessation; or
(h) affect any investigation, proceedings or remedy in relation to any right, privilege, obligation, liability, penalty, forfeiture or punishment referred to in paragraph (f) or (g).
Paragraphs (a) to (h) do not limit each other.
(3) Without limiting subclause (2) but subject to subclause (4):
(a) any proceedings instituted under or in relation to the *national unexplained wealth provisions before the cessation continue after the cessation as if the cessation had not occurred; and
(b) any order made under or in relation to the national unexplained wealth provisions before the cessation continues in force after the cessation as if the cessation had not occurred; and
(c) any proceedings or remedy in relation to a matter referred to in paragraph (2)(c), (d), (f) or (g) may be instituted, continued, obtained or enforced after the cessation as if the cessation had not occurred; and
(d) any investigation in relation to a matter referred to in paragraph (2)(c), (d), (f) or (g) may be continued after the cessation as if the cessation had not occurred; and
(e) any action in relation to any proceedings, order, remedy or investigation referred to in a paragraph of this subclause may be taken after the cessation as if the cessation had not occurred.
Paragraphs (a) to (e) of this subclause do not limit each other.
(4) This Act, as in force immediately before the cessation, continues to apply after the termination in relation to any matter referred to in paragraphs (2)(a) to (h) or (3)(a) to (e) as if the cessation had not occurred.
5 Effect of cessation - regulations
(1) The regulations may make provision in relation to circumstances that arise because an offence against a law of a *participating State ceases to be a *relevant offence of that State.
(2) Subclause (1) and clause 4 do not limit each other.
Part 2 - Unexplained Wealth Legislation Amendment Act 2018
6 Definitions
In this Part:
amending Act means the Unexplained Wealth Legislation Amendment Act 2018.
commencement means the commencement of the amending Act.
7 Amendments made by Schedule 2 to the amending Act
The amendments made by Schedule 2 to the amending Act (which is about extending the *main unexplained wealth provisions to certain offences against the laws of *participating States) apply to an application made after commencement for an order in relation to an offence against a law of a participating State, whether or not:
(a) the offence is committed, or is suspected of having been committed, before or after commencement; or
(b) the application relates to property or wealth that is acquired before or after commencement; or
(c) the application relates to property or wealth that is derived or realised, directly or indirectly, before or after commencement; or
(d) the application relates to property or wealth that becomes subject to the *effective control of a person before or after commencement.
8 Amendments made by Schedule 4 to the amending Act
(1) Part 1 of Schedule 1, as inserted by Schedule 4 to the amending Act, applies in relation to *production orders applied for after commencement in relation to a document, whether or not:
(a) the document is created before or after commencement; or
(b) the document relates to property that is acquired before or after commencement; or
(c) the document relates to property that is derived or realised, directly or indirectly, before or after commencement; or
(d) the document relates to property that becomes subject to the *effective control of a person before or after commencement; or
(e) the document relates to the transfer of property before or after commencement; or
(f) the document is relevant for the purposes of:
(i) determining whether to take action under the *unexplained wealth legislation of a *participating State or *self-governing Territory in relation to a matter occurring before or after commencement; or
(ii) proceedings under the unexplained wealth legislation of a participating State or self-governing Territory instituted before or after commencement.
(2) Part 2 of Schedule 1, as inserted by Schedule 4 to the amending Act, applies in relation to notices to *financial institutions given after commencement in relation to information or a document, whether or not:
(a) the information is obtained or the document is created before or after commencement; or
(b) the information or document relates to property that is acquired before or after commencement; or
(c) the information or document relates to property that is derived or realised, directly or indirectly, before or after commencement; or
(d) the information or document relates to property that becomes subject to the *effective control of a person before or after commencement; or
(e) the information or document relates to an *account held by a person before or after commencement; or
(f) the information or document relates to a *stored value card issued before or after commencement; or
(g) the information or document relates to a transaction conducted by a financial institution on behalf of a person before or after commencement; or
(h) the information or document is relevant for the purposes of:
(i) determining whether to take action under the *unexplained wealth legislation of a *participating State or *self-governing Territory in relation to a matter occurring before or after commencement; or
(ii) proceedings under the unexplained wealth legislation of a participating State or self-governing Territory instituted before or after commencement.