House of Representatives

Explanatory Memorandum

Circulated by Authority of the Minister for Justice, the Honourable Brendan O'Connor MP

GENERAL OUTLINE

This Bill will enhance processes for the confiscation of criminal assets and expand the jurisdiction of the Australian Commission for Law Enforcement Integrity (ACLEI).

The Bill will amend the Administrative Decisions (Judicial Review) Act 1977, Australian Federal Police Act 1979, Bankruptcy Act 1966, Crimes Act 1914, Crimes Legislation Amendment (Serious and Organised Crime) Act 2010, Customs Administration Act 1985, Family Law Act 1975 ( FLA) , Foreign Evidence Act 1994, International Criminal Court Act 2002, International War Crimes Tribunals Act 1995, Law Enforcement Integrity Commissioner Act 2006 ( the LEIC Act) , Mutual Assistance in Criminal Matters Act 1987, Proceeds of Crime Act 2002 ( POCA) and Trade Marks Act 1995.

The Bill will:

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amend the LEIC Act and a related Act to include the Australian Customs and Border Protection Service (ACBPS) within the jurisdiction of ACLEI

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enable the Commissioner of Australian Federal Police (AFP) to commence litigation under the POCA

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enable the Commonwealth Director of Public Prosecutions (DPP) to transfer POCA matters to the Commissioner of the AFP, and vice versa

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extend procedures currently available in the FLA, for when a Commonwealth proceeds of crime order or forfeiture application applies to property the subject of certain family law proceedings, to when State and Territory proceeds of crime orders and forfeiture applications apply to such property

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improve the interaction between collection of tax-related liabilities and proceeds of crime proceedings in the POCA, and

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extend the definition of 'property-tracking document' in the POCA to enable production orders to be issued in relation to documents relevant to identifying, locating or quantifying property which forms part of a person's wealth.