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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Corruption, Crime and Misconduct and
Criminal Property Confiscation Amendment
Bill 2017
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Corruption, Crime and
Misconduct Act 2003 amended
3. Act amended 3
4. Long title amended 3
5. Section 3 amended 3
6. Section 7A amended 4
7. Section 7B amended 4
8. Section 21AD inserted 4
21AD. Unexplained wealth functions 4
9. Section 91 amended 5
10. Section 94 amended 6
11. Section 122 amended 7
12. Section 136 amended 7
13. Section 137 amended 8
14. Section 144 amended 8
15. Section 145 amended 9
16. Section 148 amended 11
17. Section 151 amended 11
18. Section 157 amended 11
19. Section 160A inserted 12
160A. Contempts in relation to examination
orders under the Criminal Property
Confiscation Act 2000 12
20. Section 162 amended 13
21--3 page i
Corruption, Crime and Misconduct and Criminal Property Confiscation
Amendment Bill 2017
Contents
21. Section 163 amended 13
22. Section 184 amended 13
23. Section 217 amended 14
24. Section 223A amended 14
25. Section 226A inserted 14
226A. Review of 2018 amendments to Act 14
Part 3 -- Criminal Property
Confiscation Act 2000 amended
26. Act amended 16
27. Section 10 amended 16
28. Section 11 amended 16
29. Section 12 amended 16
30. Section 15 amended 16
31. Section 27 amended 17
32. Section 30 amended 17
33. Section 31 amended 17
34. Section 32 amended 17
35. Section 36 amended 18
36. Section 39 amended 18
37. Section 41 amended 18
38. Section 43 amended 18
39. Section 45 amended 19
40. Section 46 amended 19
41. Section 47 amended 19
42. Section 48 amended 20
43. Section 49 amended 20
44. Section 53 amended 21
45. Section 54 amended 21
46. Section 58 amended 22
47. Section 59 amended 22
48. Section 60A inserted 22
60A. Examination by CCC 22
49. Section 61 amended 23
50. Section 62 amended 23
51. Section 63 amended 24
52. Section 64 amended 24
53. Section 65 amended 25
54. Section 66 amended 26
55. Section 67 amended 26
56. Section 68 amended 26
page ii
Corruption, Crime and Misconduct and Criminal Property Confiscation
Amendment Bill 2017
Contents
57. Section 70 amended 27
58. Section 71 amended 28
59. Section 73 amended 30
60. Section 74 amended 31
61. Section 75 amended 31
62. Section 76 amended 31
63. Section 77 amended 31
64. Section 78 amended 32
65. Section 88 amended 32
66. Section 89 amended 32
67. Section 90 amended 34
68. Section 103 amended 34
69. Section 108 amended 34
70. Section 118 amended 35
71. Section 122 amended 35
72. Section 126 amended 35
73. Section 127 amended 35
74. Section 131 amended 35
75. Section 132 amended 36
76. Section 134A inserted 37
134A. CCC's power to delegate 37
77. Section 135 amended 37
78. Section 140A inserted 38
140A. Review of 2018 amendments to Act 38
79. Glossary clause 1 amended 38
page iii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Corruption, Crime and Misconduct and
Criminal Property Confiscation Amendment
Bill 2017
A Bill for
An Act to --
• amend the Corruption, Crime and Misconduct Act 2003 in
relation to unexplained wealth and other matters; and
• amend the Criminal Property Confiscation Act 2000 in relation to
the role of the Corruption and Crime Commission.
The Parliament of Western Australia enacts as follows:
page 1
Corruption, Crime and Misconduct and Criminal Property Confiscation
Amendment Bill 2017
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Corruption, Crime and Misconduct and Criminal
4 Property Confiscation Amendment Act 2017.
5 2. Commencement
6 This Act comes into operation as follows --
7 (a) Part 1 -- on the day on which this Act receives the
8 Royal Assent;
9 (b) the rest of the Act -- on a day fixed by proclamation,
10 and different days may be fixed for different provisions.
page 2
Corruption, Crime and Misconduct and Criminal Property Confiscation
Amendment Bill 2017
Corruption, Crime and Misconduct Act 2003 amended Part 2
s. 3
1 Part 2 -- Corruption, Crime and Misconduct
2 Act 2003 amended
3 3. Act amended
4 This Part amends the Corruption, Crime and Misconduct
5 Act 2003.
6 4. Long title amended
7 In the long title delete "organised crime; and" and insert:
8
9 organised crime and with respect to the confiscation of
10 unexplained wealth and criminal benefits; and
11
12 5. Section 3 amended
13 (1) In section 3(1) insert in alphabetical order:
14
15 authorised officer has the meaning given in
16 section 184(1);
17 criminal benefit has the meaning given in the Criminal
18 Property Confiscation Act 2000 section 145;
19 unexplained wealth has the meaning given in the
20 Criminal Property Confiscation Act 2000 section 144;
21
22 (2) In section 3(1) in the definition of investigation after "under"
23 insert:
24
25 section 21AD or
26
page 3
Corruption, Crime and Misconduct and Criminal Property Confiscation
Amendment Bill 2017
Part 2 Corruption, Crime and Misconduct Act 2003 amended
s. 6
1 6. Section 7A amended
2 In section 7A:
3 (a) in paragraph (b) delete "sector." and insert:
4
5 sector; and
6
7 (b) after paragraph (b) insert:
8
9 (c) to facilitate the exercise of the Commission's
10 functions under the Criminal Property
11 Confiscation Act 2000.
12
13 7. Section 7B amended
14 After section 7B(6) insert:
15
16 (7) The Commission is to be able to investigate matters in
17 relation to unexplained wealth and criminal benefits for
18 the purpose of the exercise of its functions under the
19 Criminal Property Confiscation Act 2000.
20
21 8. Section 21AD inserted
22 At the end of Part 2 Division 2 insert:
23
24 21AD. Unexplained wealth functions
25 (1) The Commission has the functions (unexplained
26 wealth functions) that are conferred on it under the
27 Criminal Property Confiscation Act 2000.
28 (2) The Commission may decide to exercise its
29 unexplained wealth functions on the basis of --
30 (a) consultations, and investigations and other
31 actions (either by itself or in cooperation with
page 4
Corruption, Crime and Misconduct and Criminal Property Confiscation
Amendment Bill 2017
Corruption, Crime and Misconduct Act 2003 amended Part 2
s. 9
1 independent agencies, appropriate authorities
2 and other relevant persons or bodies); or
3 (b) information otherwise given to the
4 Commission.
5 (3) The Commission may exercise its powers under this
6 Act to assist in the performance of its functions under
7 the Criminal Property Confiscation Act 2000.
8 (4) For the purposes of the Criminal Property Confiscation
9 Act 2000, the Commission may make such use as it
10 thinks fit of any information obtained by it under this
11 Act.
12 (5) Without limiting how the Commission may perform its
13 unexplained wealth functions, the Commission may --
14 (a) investigate, either by itself or in cooperation
15 with another body, whether a person has or may
16 have acquired unexplained wealth or a criminal
17 benefit; and
18 (b) consult, cooperate and exchange information
19 with independent agencies, appropriate
20 authorities and any other relevant persons and
21 bodies.
22
23 9. Section 91 amended
24 In section 91(2):
25 (a) in paragraph (q) delete "functions." and insert:
26
27 functions; and
28
page 5
Corruption, Crime and Misconduct and Criminal Property Confiscation
Amendment Bill 2017
Part 2 Corruption, Crime and Misconduct Act 2003 amended
s. 10
1 (b) after paragraph (q) insert:
2
3 (r) a description of the Commission's activities
4 during that year in relation to its unexplained
5 wealth functions.
6
7 10. Section 94 amended
8 (1) In section 94(1) delete "investigation," and insert:
9
10 investigation under Part 3,
11
12 (2) After section 94(1) insert:
13
14 (1A) For the purposes of its functions under section 21AD,
15 the Commission may, by written notice served on a
16 person, require the person to produce a statement of
17 information.
18
19 (3) In section 94(3)(a) delete "authority or public officer; and" and
20 insert:
21
22 authority, public officer or other person served with the notice;
23 and
24
25 (4) In section 94(4)(c) delete "authority or public officer." and
26 insert:
27
28 authority, public officer or other person served with the notice.
29
page 6
Corruption, Crime and Misconduct and Criminal Property Confiscation
Amendment Bill 2017
Corruption, Crime and Misconduct Act 2003 amended Part 2
s. 11
1 (5) In section 94(5):
2 (a) in paragraph (c) delete "action." and insert:
3
4 action; or
5
6 (b) after paragraph (c) insert:
7
8 (d) under subsection (5A).
9
10 (6) After section 94(5) insert:
11
12 (5A) A statement of information produced in compliance
13 with a notice served under subsection (1A) is
14 admissible in evidence in any proceeding under the
15 Criminal Property Confiscation Act 2000.
16
17 11. Section 122 amended
18 After section 122(2) insert:
19
20 (2A) Subsection (2) does not apply to an authority to
21 conduct a controlled operation in respect of a matter
22 relating to the Commission's functions under
23 section 21AD.
24
25 12. Section 136 amended
26 In section 136 delete "functions under this Part." and insert:
27
28 functions.
29
page 7
Corruption, Crime and Misconduct and Criminal Property Confiscation
Amendment Bill 2017
Part 2 Corruption, Crime and Misconduct Act 2003 amended
s. 13
1 13. Section 137 amended
2 (1) In section 137 delete "The" and insert:
3
4 (1) The
5
6 (2) At the end of section 137 insert:
7
8 (2) Except as specified in the Criminal Property
9 Confiscation Act 2000 section 60A, this Part does not
10 apply to examinations conducted by the Commission
11 under Part 5 Division 2 of that Act.
12
13 14. Section 144 amended
14 (1) Before section 144(1) insert:
15
16 (1A) In this section --
17 unexplained wealth requirement means --
18 (a) a requirement under section 94(1A); or
19 (b) a requirement under section 95 made for the
20 purposes of the Commission's functions under
21 section 21AD.
22
23 (2) In section 144(1) delete "subsection (2)," and insert:
24
25 subsections (2) to (5),
26
page 8
Corruption, Crime and Misconduct and Criminal Property Confiscation
Amendment Bill 2017
Corruption, Crime and Misconduct Act 2003 amended Part 2
s. 15
1 (3) After section 144(2) insert:
2
3 (3) A person is not entitled to contravene an unexplained
4 wealth requirement in relation to any information,
5 document or other thing on the basis that the
6 information, document or thing is subject to legal
7 professional privilege, or contains or is likely to
8 contain information that would, apart from this
9 subsection, be subject to legal professional privilege.
10 (4) Any information, document or other thing produced or
11 obtained under an unexplained wealth requirement is
12 not inadmissible in any proceedings under this Act or
13 the Criminal Property Confiscation Act 2000 only
14 because the information, document or other thing
15 would, apart from this subsection, be subject to legal
16 professional privilege.
17 (5) Nothing in this section affects the operation of the
18 Criminal Property Confiscation Act 2000 section 139.
19
20 15. Section 145 amended
21 (1) In section 145(1):
22 (a) after "statement" (each occurrence) insert:
23
24 or disclosure
25
26 (b) delete paragraph (a) and insert:
27
28 (a) any criminal proceedings other than
29 proceedings for an offence under this Act; or
30
page 9
Corruption, Crime and Misconduct and Criminal Property Confiscation
Amendment Bill 2017
Part 2 Corruption, Crime and Misconduct Act 2003 amended
s. 15
1 (c) in paragraph (b)(ii) delete "against" and insert:
2
3 under
4
5 (2) After section 145(1) insert:
6
7 (1A) Despite subsection (1), a statement or disclosure made
8 by a witness in answer to a question that the
9 Commission requires the witness to answer is
10 admissible in evidence against the person making the
11 statement or disclosure --
12 (a) in any proceedings under the Criminal Property
13 Confiscation Act 2000; and
14 (b) in any civil proceeding.
15
16 (3) In section 145(2) after "statement" insert:
17
18 or disclosure
19
20 (4) After section 145(2) insert:
21
22 (3) For the purposes of this section, the transcript of an
23 examination of a witness is admissible as evidence of a
24 statement or disclosure made by the witness in answer
25 to a question that the Commission requires the witness
26 to answer.
27
page 10
Corruption, Crime and Misconduct and Criminal Property Confiscation
Amendment Bill 2017
Corruption, Crime and Misconduct Act 2003 amended Part 2
s. 16
1 16. Section 148 amended
2 After section 148(1) insert:
3
4 (1A) If a person who has been served under the Criminal
5 Property Confiscation Act 2000 section 59 with a copy
6 of an examination order made by the Commission fails
7 to attend before the Commission as required under the
8 examination order, the Commission may, on proof by a
9 statement verified by statutory declaration that the
10 examination order was served, issue a warrant for the
11 apprehension of that person.
12
13 17. Section 151 amended
14 In section 151(1) in the definition of restricted matter
15 paragraph (c) delete "this Act;" and insert:
16
17 this Act or by an authorised officer under the Criminal Property
18 Confiscation Act 2000;
19
20 18. Section 157 amended
21 In section 157 in the definition of reasonable excuse:
22 (a) delete "otherwise." and insert:
23
24 otherwise; or
25
26 (b) after paragraph (b) insert:
27
28 (c) the production of the document or other thing
29 might, but for section 144(3), be subject to
30 legal professional privilege.
31
page 11
Corruption, Crime and Misconduct and Criminal Property Confiscation
Amendment Bill 2017
Part 2 Corruption, Crime and Misconduct Act 2003 amended
s. 19
1 19. Section 160A inserted
2 After section 160 insert:
3
4 160A. Contempts in relation to examination orders under
5 the Criminal Property Confiscation Act 2000
6 (1) Subsection (2) applies to a person who has been served
7 under the Criminal Property Confiscation Act 2000
8 section 59 with an examination order made by the
9 Commission.
10 (2) A person to whom this subsection applies is in
11 contempt of the Commission if the person fails,
12 without reasonable excuse, to --
13 (a) attend before the Commission as required under
14 the examination order; or
15 (b) produce any document or other thing as
16 required under the examination order.
17 (3) Subsection (4) applies to a person who has been served
18 under the Criminal Property Confiscation Act 2000
19 section 59 with an examination order made by the
20 Commission requiring the person to attend before the
21 Commission and give information.
22 (4) A person to whom this subsection applies is in
23 contempt of the Commission if the person --
24 (a) refuses or fails to be sworn or make an
25 affirmation; or
26 (b) fails to answer any question relevant to the
27 examination that the Commission requires the
28 person to answer.
29
page 12
Corruption, Crime and Misconduct and Criminal Property Confiscation
Amendment Bill 2017
Corruption, Crime and Misconduct Act 2003 amended Part 2
s. 20
1 20. Section 162 amended
2 Before section 162(1) insert:
3
4 (1A) In this section --
5 examination includes an examination conducted by the
6 Commission under the Criminal Property Confiscation
7 Act 2000.
8
9 21. Section 163 amended
10 In section 163(5) delete "summons." and insert:
11
12 summons served under section 96.
13
14 22. Section 184 amended
15 (1) After section 184(3b) insert:
16
17 (3BA) For the purposes of the Criminal Property Confiscation
18 Act 2000, an authorised officer has the powers that are
19 specified in that Act as powers of an authorised CCC
20 officer.
21
22 (2) In section 184(3c) delete "(3b)." and insert:
23
24 (3BA).
25
page 13
Corruption, Crime and Misconduct and Criminal Property Confiscation
Amendment Bill 2017
Part 2 Corruption, Crime and Misconduct Act 2003 amended
s. 23
1 23. Section 217 amended
2 After section 217(3) insert:
3
4 (4) In any proceeding under this or any other Act, or
5 application for an order or declaration under the
6 Criminal Property Confiscation Act 2000, a document
7 signed by the Commission and stating that an
8 examination order has been made by the Commission
9 under the Criminal Property Confiscation Act 2000
10 section 58(1) is evidence of the matter stated.
11
12 24. Section 223A amended
13 Delete section 223A(1) and insert:
14
15 (1) The Criminal and Found Property Disposal Act 2006
16 applies to and in respect of --
17 (a) anything seized under this Act, other than a
18 thing seized under section 75(4); and
19 (b) anything seized by an authorised officer under
20 the Criminal Property Confiscation Act 2000.
21
22 25. Section 226A inserted
23 After section 226 insert:
24 226A. Review of 2018 amendments to Act
25 (1) The Minister must carry out a review of the operation
26 and effectiveness of the amendments made to this Act
27 by the Corruption, Crime and Misconduct and
28 Criminal Property Confiscation Amendment Act 2017
29 as soon as is practicable after every 5th anniversary of
30 the date on which the Corruption, Crime and
page 14
Corruption, Crime and Misconduct and Criminal Property Confiscation
Amendment Bill 2017
Corruption, Crime and Misconduct Act 2003 amended Part 2
s. 25
1 Misconduct and Criminal Property Confiscation
2 Amendment Act 2017 section 8 comes into operation.
3 (2) The Minister must prepare a report based on each
4 review and cause it to be laid before each House of
5 Parliament --
6 (a) as soon as practicable after the review is
7 completed; but
8 (b) not later than 1 year after each 5 year
9 anniversary.
page 15
Corruption, Crime and Misconduct and Criminal Property Confiscation
Amendment Bill 2017
Part 3 Criminal Property Confiscation Act 2000 amended
s. 26
1 Part 3 -- Criminal Property Confiscation
2 Act 2000 amended
3 26. Act amended
4 This Part amends the Criminal Property Confiscation Act 2000.
5 27. Section 10 amended
6 In section 10(2) delete "DPP must notify the" and insert:
7
8 DPP or the CCC, as the case requires, must notify the relevant
9
10 28. Section 11 amended
11 In section 11(1) after "DPP" insert:
12
13 or the CCC
14
15 29. Section 12 amended
16 In section 12(1) delete "person's" (each occurrence) and insert:
17
18 respondent's
19
20 30. Section 15 amended
21 In section 15(1) after "DPP" insert:
22
23 or the CCC
24
page 16
Corruption, Crime and Misconduct and Criminal Property Confiscation
Amendment Bill 2017
Criminal Property Confiscation Act 2000 amended Part 3
s. 31
1 31. Section 27 amended
2 In section 27(1) after "DPP" insert:
3
4 or the CCC
5
6 32. Section 30 amended
7 In section 30(1) after "DPP" insert:
8
9 or the CCC
10
11 33. Section 31 amended
12 (1) In section 31(1) delete "DPP" and insert:
13
14 applicant for the declaration
15
16 (2) In section 31(2) delete "DPP must lodge with the" and insert:
17
18 applicant for the declaration must lodge with the relevant
19
20 Note: The heading to amended section 31 is to read:
21 Applicant's duty to lodge memorial of confiscation
22 34. Section 32 amended
23 In section 32 delete "DPP" and insert:
24
25 applicant for the declaration
26
page 17
Corruption, Crime and Misconduct and Criminal Property Confiscation
Amendment Bill 2017
Part 3 Criminal Property Confiscation Act 2000 amended
s. 35
1 35. Section 36 amended
2 In section 36(3) after "notify the" insert:
3
4 relevant
5
6 36. Section 39 amended
7 In section 39(5) after "notify the" insert:
8
9 relevant
10
11 37. Section 41 amended
12 In section 41(1) after "DPP" insert:
13
14 or the CCC
15
16 38. Section 43 amended
17 (1) Delete section 43(1) and insert:
18
19 (1) The court may make a freezing order for property if --
20 (a) an examination order, a monitoring order or a
21 suspension order obtained by the applicant for
22 the freezing order is in force in relation to the
23 property; or
24 (b) the applicant for the freezing order advises the
25 court that the applicant has applied for an
26 examination order, monitoring order or
27 suspension order in relation to the property or is
28 likely to apply for such an order within 21 days
29 after the freezing order is made; or
page 18
Corruption, Crime and Misconduct and Criminal Property Confiscation
Amendment Bill 2017
Criminal Property Confiscation Act 2000 amended Part 3
s. 39
1 (c) the CCC advises the court that the CCC has
2 made an examination order in relation to the
3 property, or is likely to make an examination
4 order in relation to the property within 21 days
5 after the freezing order is made.
6
7 (2) In section 43(3)(c) delete "DPP" and insert:
8
9 applicant for the freezing order
10
11 39. Section 45 amended
12 In section 45(c) delete "DPP," and insert:
13
14 applicant for the order,
15
16 40. Section 46 amended
17 In section 46(3) after "notify the" insert:
18
19 relevant
20
21 41. Section 47 amended
22 In section 47(1) delete "DPP." and insert:
23
24 applicant for the order.
25
page 19
Corruption, Crime and Misconduct and Criminal Property Confiscation
Amendment Bill 2017
Part 3 Criminal Property Confiscation Act 2000 amended
s. 42
1 42. Section 48 amended
2 In section 48(4):
3 (a) after "likely to be made," insert:
4
5 or that an examination order is likely to be made by the
6 CCC,
7
8 (b) after paragraph (a) insert:
9
10 (ab) where the freezing order was made on the basis
11 of advice given to the court under
12 section 43(1)(c) that an examination order is
13 likely to be made -- the examination order is
14 not made within 21 days after the date of the
15 freezing order; or
16
17 43. Section 49 amended
18 In section 49(2):
19 (a) after "likely to be made," insert:
20
21 or that an examination order is likely to be made by the
22 CCC,
23
24 (b) after paragraph (a) insert:
25
26 (ab) if the freezing order was made on the basis of
27 advice given to the court under section 43(1)(c)
28 that an examination order is likely to be
29 made -- the examination order is not made
30 within 21 days after the date of the freezing
31 order;
32
page 20
Corruption, Crime and Misconduct and Criminal Property Confiscation
Amendment Bill 2017
Criminal Property Confiscation Act 2000 amended Part 3
s. 44
1 44. Section 53 amended
2 In section 53 delete "DPP or a police officer" and insert:
3
4 DPP, a police officer or an authorised CCC officer
5
6 45. Section 54 amended
7 (1) In section 54(1) delete "DPP or a police officer" and insert:
8
9 DPP, a police officer or an authorised CCC officer
10
11 (2) After section 54(1) insert:
12
13 (1A) Without limiting subsection (1), an authorised CCC
14 officer may require a financial institution to do any or
15 all of the actions set out in subsection (1)(a) to (f) for
16 the purposes of any of the following --
17 (a) any proceeding under the Corruption, Crime
18 and Misconduct Act 2003 that relates to the
19 performance of the CCC's functions under
20 section 21AD of that Act;
21 (b) assisting the CCC to decide whether to make an
22 examination order under this Act;
23 (c) assisting the CCC to decide whether to apply
24 for, or make, any order under the Corruption,
25 Crime and Misconduct Act 2003 that relates to
26 the performance of the CCC's functions under
27 section 21AD of that Act.
28
page 21
Corruption, Crime and Misconduct and Criminal Property Confiscation
Amendment Bill 2017
Part 3 Criminal Property Confiscation Act 2000 amended
s. 46
1 46. Section 58 amended
2 (1) In section 58(1) after "court" insert:
3
4 or the CCC
5
6 (2) In section 58(2)(a), (b), (c) and (d) after "court" insert:
7
8 or the CCC, as the case requires,
9
10 (3) In section 58(2)(e) after "court" insert:
11
12 or before the CCC at a place specified in the order, as the case
13 requires,
14
15 Note: The heading to amended section 58 is to read:
16 Court and CCC powers when making examination order
17 47. Section 59 amended
18 In section 59(1) after "examination order" insert:
19
20 or, if the examination order is made by the CCC, the CCC
21
22 48. Section 60A inserted
23 After section 60 insert:
24
25 60A. Examination by CCC
26 The Corruption, Crime and Misconduct Act 2003
27 sections 135, 136, 138(3), 141, 142, 143 and 147 apply
28 in relation to an examination order made by the CCC
29 and to an examination conducted by the CCC under
page 22
Corruption, Crime and Misconduct and Criminal Property Confiscation
Amendment Bill 2017
Criminal Property Confiscation Act 2000 amended Part 3
s. 49
1 this Division as if the examination were being
2 conducted for the purposes of an investigation under
3 that Act.
4
5 49. Section 61 amended
6 (1) After section 61(5) insert:
7
8 (5A) Subsection (5) applies in relation to an examination
9 order made by the CCC and an examination conducted
10 by the CCC under this Division despite the Corruption,
11 Crime and Misconduct Act 2003 section 147(3) as
12 applied under section 60A.
13
14 (2) In section 61(7) after "examination order" insert:
15
16 made by the court
17
18 (3) After section 61(7) insert:
19
20 (8) The Corruption, Crime and Misconduct Act 2003
21 section 145 applies in relation to the admissibility in
22 evidence of a statement or disclosure made by a person
23 in the course of complying with an examination order
24 made by the CCC.
25
26 50. Section 62 amended
27 In section 62(1) after "DPP" insert:
28
29 or the CCC
30
page 23
Corruption, Crime and Misconduct and Criminal Property Confiscation
Amendment Bill 2017
Part 3 Criminal Property Confiscation Act 2000 amended
s. 51
1 51. Section 63 amended
2 Delete section 63(2) and insert:
3
4 (2) The order may direct the person --
5 (a) to give the property-tracking document to --
6 (i) the DPP or a police officer, if the DPP
7 applied for the order; or
8 (ii) the CCC or an authorised CCC officer,
9 if the CCC applied for the order;
10 or
11 (b) to make the property-tracking document
12 available to --
13 (i) the DPP or a police officer for
14 inspection, if the DPP applied for the
15 order; or
16 (ii) the CCC or an authorised CCC officer,
17 if the CCC applied for the order.
18
19 52. Section 64 amended
20 (1) In section 64(1):
21 (a) delete "DPP or a police officer" and insert:
22
23 DPP, a police officer, the CCC or an authorised CCC
24 officer
25
26 (b) delete "DPP or police officer" and insert:
27
28 DPP, police officer, CCC or authorised CCC officer
29
page 24
Corruption, Crime and Misconduct and Criminal Property Confiscation
Amendment Bill 2017
Criminal Property Confiscation Act 2000 amended Part 3
s. 53
1 (2) In section 64(2) delete "DPP or police officer" (each
2 occurrence) and insert:
3
4 DPP, police officer, CCC or authorised CCC officer
5
6 (3) In section 64(3):
7 (a) delete "DPP or a police officer," and insert:
8
9 DPP, a police officer, the CCC or an authorised CCC
10 officer
11
12 (b) delete "DPP or police officer" and insert:
13
14 DPP, police officer, CCC or authorised CCC officer
15
16 53. Section 65 amended
17 (1) In section 65(2) delete "DPP or a police officer" and insert:
18
19 DPP, a police officer, the CCC or an authorised CCC officer
20
21 (2) In section 65(3)(a) and (c) delete "DPP or a police officer" and
22 insert:
23
24 DPP, a police officer, the CCC or an authorised CCC officer
25
page 25
Corruption, Crime and Misconduct and Criminal Property Confiscation
Amendment Bill 2017
Part 3 Criminal Property Confiscation Act 2000 amended
s. 54
1 54. Section 66 amended
2 In section 66(1):
3 (a) delete "DPP or a police officer," and insert:
4
5 DPP, a police officer, the CCC or an authorised CCC
6 officer,
7
8 (b) delete "DPP or a police officer for" and insert:
9
10 DPP, a police officer or the CCC (as the case requires)
11 for
12
13 55. Section 67 amended
14 In section 67(1) and (2) after "DPP" insert:
15
16 or the CCC
17
18 56. Section 68 amended
19 (1) Delete section 68(1) and insert:
20
21 (1) The court may order a financial institution to give
22 information about all transactions carried out through
23 an account held with the institution by a person named
24 in the order to --
25 (a) the DPP or a police officer, if the DPP applied
26 for the order; or
27 (b) the CCC, if the CCC applied for the order.
28
page 26
Corruption, Crime and Misconduct and Criminal Property Confiscation
Amendment Bill 2017
Criminal Property Confiscation Act 2000 amended Part 3
s. 57
1 (2) Delete section 68(2)(a) and (b) and insert:
2
3 (a) to notify the following persons immediately of
4 any transaction that has been initiated in
5 connection with an account held with the
6 institution by a person named in the order --
7 (i) the DPP or a police officer, if the DPP
8 applied for the order;
9 (ii) the CCC, if the CCC applied for the
10 order;
11 and
12 (b) to notify the following persons immediately if
13 there are reasonable grounds for suspecting that
14 a transaction is about to be initiated in
15 connection with the account --
16 (i) the DPP or a police officer, if the DPP
17 applied for the order;
18 (ii) the CCC, if the CCC applied for the
19 order;
20 and
21
22 57. Section 70 amended
23 In section 70(1)(a) delete "DPP" and insert:
24
25 DPP, a police officer or an authorised CCC officer
26
page 27
Corruption, Crime and Misconduct and Criminal Property Confiscation
Amendment Bill 2017
Part 3 Criminal Property Confiscation Act 2000 amended
s. 58
1 58. Section 71 amended
2 (1) Delete section 71(1)(a) and insert:
3
4 (a) the DPP or a police officer, if the restricted
5 disclosure relates to --
6 (i) information intended to be given to, or
7 that has been given to, the DPP or a
8 police officer under section 53; or
9 (ii) a requirement made by, or response
10 given to, the DPP or a police officer
11 under section 54; or
12 (iii) a production order, examination order,
13 monitoring order or suspension order
14 for which the DPP applied;
15 (aa) the CCC or an authorised CCC officer, if the
16 restricted disclosure relates to --
17 (i) information intended to be given to, or
18 that has been given to, the CCC or an
19 authorised CCC officer under
20 section 53; or
21 (ii) a requirement made by, or response
22 given to, the CCC or an authorised CCC
23 officer under section 54; or
24 (iii) an examination order made by the CCC
25 or a monitoring order or suspension
26 order for which the CCC applied;
27
page 28
Corruption, Crime and Misconduct and Criminal Property Confiscation
Amendment Bill 2017
Criminal Property Confiscation Act 2000 amended Part 3
s. 58
1 (2) Delete section 71(2) and insert:
2
3 (2) An individual who is not acting in the capacity of an
4 officer of a corporation or of a legal practitioner may
5 make a restricted disclosure to any one or more of the
6 following --
7 (a) the DPP or a police officer, if the restricted
8 disclosure relates to --
9 (i) information intended to be given to, or
10 that has been given to, the DPP or a
11 police officer under section 53; or
12 (ii) a requirement made by, or response
13 given to, the DPP or a police officer
14 under section 54; or
15 (iii) a production order, examination order,
16 monitoring order or suspension order
17 for which the DPP applied;
18 (b) the CCC or an authorised CCC officer, if the
19 restricted disclosure relates to --
20 (i) information intended to be given to, or
21 that has been given to, the CCC or an
22 authorised CCC officer under
23 section 53; or
24 (ii) a requirement made by, or response
25 given to, the CCC or an authorised CCC
26 officer under section 54; or
27 (iii) an examination order made by the CCC
28 or a monitoring order or suspension
29 order for which the CCC applied;
30 (c) a legal practitioner, but only for the purpose of
31 obtaining legal advice or representation in
32 relation to an examination order, if the
33 restricted disclosure is about information
34 intended to be given to or that has been given
page 29
Corruption, Crime and Misconduct and Criminal Property Confiscation
Amendment Bill 2017
Part 3 Criminal Property Confiscation Act 2000 amended
s. 59
1 to, the DPP, a police officer, the CCC or an
2 authorised CCC officer.
3
4 59. Section 73 amended
5 (1) In section 73(1) and (2) after "police officer" insert:
6
7 or an authorised CCC officer
8
9 (2) In section 73(3):
10 (a) delete "his or her" and insert:
11
12 their
13
14 (b) after "police officer" insert:
15
16 or an authorised CCC officer
17
18 (3) In section 73(4) after "police officer" insert:
19
20 or an authorised CCC officer
21
22 (4) In section 73(5):
23 (a) delete "his or her" and insert:
24
25 their
26
27 (b) after "police officer" insert:
28
29 or an authorised CCC officer
30
page 30
Corruption, Crime and Misconduct and Criminal Property Confiscation
Amendment Bill 2017
Criminal Property Confiscation Act 2000 amended Part 3
s. 60
1 60. Section 74 amended
2 In section 74(1) and (3) after "police officer" insert:
3
4 or an authorised CCC officer
5
6 61. Section 75 amended
7 (1) In section 75(1) delete "exercises his or her" and insert:
8
9 or an authorised CCC officer exercises their
10
11 (2) In section 75(2) after "police officer" insert:
12
13 or authorised CCC officer
14
15 62. Section 76 amended
16 In section 76(1) delete "exercises any of his or her" and insert:
17
18 or an authorised CCC officer exercises any of their
19
20 63. Section 77 amended
21 In section 77 after "police officer" insert:
22
23 or an authorised CCC officer
24
page 31
Corruption, Crime and Misconduct and Criminal Property Confiscation
Amendment Bill 2017
Part 3 Criminal Property Confiscation Act 2000 amended
s. 64
1 64. Section 78 amended
2 In section 78 after "police officer" insert:
3
4 or an authorised CCC officer
5
6 65. Section 88 amended
7 (1) In section 88(1) after "seized" insert:
8
9 by a police officer, whether
10
11 (2) After section 88(1) insert:
12
13 (1A) The CCC has responsibility for the control and
14 management of property seized by an authorised
15 CCC officer under a warrant under section 74.
16
17 66. Section 89 amended
18 (1) In section 89(1) after "frozen property" insert:
19
20 (except frozen property to which subsection (1A) relates)
21
22 (2) After section 89(1) insert:
23
24 (1A) The CCC has responsibility for the control and
25 management of frozen property that is subject to a
26 freezing order applied for by the CCC unless the court
27 otherwise orders under section 45(c) or 91(2).
28
page 32
Corruption, Crime and Misconduct and Criminal Property Confiscation
Amendment Bill 2017
Criminal Property Confiscation Act 2000 amended Part 3
s. 66
1 (3) In section 89(2) after "confiscated property" insert:
2
3 (except confiscated property to which subsection (2A) relates)
4
5 (4) After section 89(2) insert:
6
7 (2A) Until the property is disposed of, the CCC has
8 responsibility for the control and management of
9 confiscated property that is --
10 (a) property confiscated under section 6 to pay the
11 amount specified in an unexplained wealth
12 declaration or criminal benefits declaration
13 obtained by the CCC; or
14 (b) frozen property confiscated under section 7 that
15 is the subject of a freezing order obtained by
16 the CCC.
17
18 (5) In section 89(3):
19 (a) delete "The DPP" and insert:
20
21 The DPP or the CCC
22
23 (b) delete "the DPP has responsibility under subsection (1)
24 or (2) --" and insert:
25
26 the DPP or CCC (as the case requires) has responsibility
27 under this section --
28
page 33
Corruption, Crime and Misconduct and Criminal Property Confiscation
Amendment Bill 2017
Part 3 Criminal Property Confiscation Act 2000 amended
s. 67
1 67. Section 90 amended
2 In section 90 after "DPP" insert:
3
4 or the CCC
5
6 Note: The heading to amended section 90 is to read:
7 Capacity of DPP or CCC to carry out transactions
8 68. Section 103 amended
9 In section 103 after "DPP" insert:
10
11 or the CCC
12
13 69. Section 108 amended
14 (1) In section 108:
15 (a) delete "For the" and insert:
16
17 (1) For the
18
19 (b) after "under an examination order" insert:
20
21 made by the court
22
23 (2) At the end of section 108 insert:
24
25 (2) The Corruption, Crime and Misconduct Act 2003
26 section 145 applies in relation to the admissibility in
27 evidence of a statement or disclosure made by a person
28 in the course of complying with an examination order
29 made by the CCC.
30
page 34
Corruption, Crime and Misconduct and Criminal Property Confiscation
Amendment Bill 2017
Criminal Property Confiscation Act 2000 amended Part 3
s. 70
1 70. Section 118 amended
2 In section 118(4) after "DPP," insert:
3
4 the CCC
5
6 71. Section 122 amended
7 In section 122(2) after "DPP," insert:
8
9 the CCC
10
11 72. Section 126 amended
12 In section 126(1) and (3) delete "DPP" and insert:
13
14 DPP, the CCC
15
16 73. Section 127 amended
17 In section 127(1) and (3) delete "DPP" and insert:
18
19 DPP, the CCC
20
21 74. Section 131 amended
22 In section 131(2):
23 (a) in paragraph (e) after "Police" insert:
24
25 or the CCC
26
page 35
Corruption, Crime and Misconduct and Criminal Property Confiscation
Amendment Bill 2017
Part 3 Criminal Property Confiscation Act 2000 amended
s. 75
1 (b) in paragraph (f) delete "DPP" and insert:
2
3 DPP, the CCC
4
5 75. Section 132 amended
6 (1) In section 132(1):
7 (a) delete "in the performance of the functions of a police
8 officer" and insert:
9
10 or an authorised CCC officer in the performance of the
11 officer's functions
12
13 (b) delete "assisting a police officer" and insert:
14
15 assisting a police officer or an authorised CCC officer
16
17 (2) In section 132(2):
18 (a) delete "in the performance of the police" and insert:
19
20 or an authorised CCC officer in the performance of the
21
22 (b) delete "assisting a police officer" and insert:
23
24 assisting a police officer or an authorised CCC officer
25
26 Note: The heading to amended section 132 is to read:
27 Obstructing police officers or authorised CCC officers
page 36
Corruption, Crime and Misconduct and Criminal Property Confiscation
Amendment Bill 2017
Criminal Property Confiscation Act 2000 amended Part 3
s. 76
1 76. Section 134A inserted
2 After section 134 insert:
3
4 134A. CCC's power to delegate
5 (1) The CCC may delegate to an officer of the CCC the
6 performance of any of the functions of the CCC under
7 this Act, except the following --
8 (a) the power to make an order under
9 section 58(1);
10 (b) the power to examine a person under oath;
11 (c) this power of delegation.
12 (2) A delegation --
13 (a) must be made by written instrument; and
14 (b) is made on behalf of and subject to the direction
15 and control of the CCC; and
16 (c) may be made generally or as otherwise
17 provided by the instrument.
18
19 77. Section 135 amended
20 In section 135(1) after "DPP" insert:
21
22 or the CCC
23
page 37
Corruption, Crime and Misconduct and Criminal Property Confiscation
Amendment Bill 2017
Part 3 Criminal Property Confiscation Act 2000 amended
s. 78
1 78. Section 140A inserted
2 After section 140 insert:
3
4 140A. Review of 2018 amendments to Act
5 (1) The Minister must carry out a review of the operation
6 and effectiveness of the amendments made to this Act
7 by the Corruption, Crime and Misconduct and
8 Criminal Property Confiscation Amendment Act 2017
9 as soon as is practicable after every 5th anniversary of
10 the date on which the Corruption, Crime and
11 Misconduct and Criminal Property Confiscation
12 Amendment Act 2017 section 28 comes into operation.
13 (2) The Minister must prepare a report based on each
14 review and cause it to be laid before each House of
15 Parliament --
16 (a) as soon as practicable after the review is
17 completed; but
18 (b) not later than 1 year after each 5 year
19 anniversary.
20
21 79. Glossary clause 1 amended
22 In the Glossary clause 1 insert in alphabetical order:
23
24 authorised CCC officer means an authorised officer as
25 defined in the Corruption, Crime and Misconduct Act 2003
26 section 184(1);
27 CCC means the Corruption and Crime Commission
28 established under the Corruption, Crime and Misconduct
29 Act 2003 section 8(1);
30
31
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