Western Australian Bills

[Index] [Search] [Download] [Related Items] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


CORRUPTION, CRIME AND MISCONDUCT AND CRIMINAL PROPERTY CONFISCATION AMENDMENT BILL 2017

                    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




 


[Index] [Search] [Download] [Related Items] [Help]