Supplementary Explanatory Memorandum
Circulated By Authority of the Attorney General, the Honourable Robert Mcclelland MPGENERAL OUTLINE
The Crimes Legislation Amendment (Serious and Organised Crime) Bill 2009 will:
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- strengthen criminal asset confiscation, including introducing unexplained wealth provisions (Schedules 1 and 2)
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- enhance police powers to investigate organised crime by implementing model laws for controlled operations, assumed identities and witness identity protection (Schedule 3)
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- address the joint commission of criminal offences (Schedule 4, Part 1), and
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- facilitate greater access to telecommunications interception for criminal organisation offences (Schedule 4, Part 2).
The purpose of these Government amendments is to insert an additional ground on which the court may grant a revocation of a preliminary unexplained wealth order or a restraining order. The amendments would also insert a new provision allowing for the revocation of a freezing order. These amendments will allow a court that is hearing a revocation order to have regard to matters that are relevant to the interests of justice.
The amendments respond to the High Court's decision in International Finance Trust Company Limited v New South Wales Crime Commission [2009] HCA 49.
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