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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Proceeds of Crime Amendment
(Proceeds and Other Matters) Bill 2017
No. , 2017
(Justice)
A Bill for an Act to amend the Proceeds of Crime
Act 2002, and for related purposes
No. , 2017
Proceeds of Crime Amendment (Proceeds and Other Matters) Bill
2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Enhancements to the proceeds of crime regime
3
Proceeds of Crime Act 2002
3
No. , 2017
Proceeds of Crime Amendment (Proceeds and Other Matters) Bill
2017
1
A Bill for an Act to amend the Proceeds of Crime
1
Act 2002, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Proceeds of Crime Amendment (Proceeds and
5
Other Matters) Act 2017.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Proceeds of Crime Amendment (Proceeds and Other Matters) Bill
2017
No. , 2017
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Enhancements to the proceeds of crime regime Schedule 1
No. , 2017
Proceeds of Crime Amendment (Proceeds and Other Matters) Bill
2017
3
Schedule 1--Enhancements to the proceeds
1
of crime regime
2
3
Proceeds of Crime Act 2002
4
1 Paragraph 5(ba)
5
After "derived", insert "or realised, directly or indirectly,".
6
2 Subparagraphs 20A(1)(g)(ii) and (3)(c)(ii)
7
After "derived", insert "or realised, directly or indirectly,".
8
3 Section 179A
9
After "derived", insert "or realised, directly or indirectly,".
10
4 Paragraphs 179E(1)(b) and (2)(b)
11
After "derived", insert "or realised, directly or indirectly,".
12
5 Subsection 179E(3)
13
After "derived", insert "or realised, directly or indirectly,".
14
6 Subsections 330(1) and (2)
15
Repeal the subsections, substitute:
16
(1) Property becomes proceeds of an offence if:
17
(a) the property is wholly or partly derived or realised from a
18
disposal or other dealing with
*
proceeds of the offence; or
19
(b) the property is wholly or partly acquired using proceeds of
20
the offence; or
21
(c) an
*
encumbrance or a security on, or a liability incurred to
22
acquire, retain, maintain or make
*
improvements to, the
23
property is wholly or partly discharged using proceeds of the
24
offence; or
25
(d) the costs of retaining, maintaining or making improvements
26
to the property are wholly or partly met using proceeds of the
27
offence; or
28
(e) the property is improved using proceeds of the offence;
29
Schedule 1 Enhancements to the proceeds of crime regime
4
Proceeds of Crime Amendment (Proceeds and Other Matters) Bill
2017
No. , 2017
including because of one or more previous applications of this
1
section.
2
(2) Property becomes an instrument of an offence if:
3
(a) the property is wholly or partly derived or realised from the
4
disposal or other dealing with an
*
instrument of the offence;
5
or
6
(b) the property is wholly or partly acquired using an instrument
7
of the offence; or
8
(c) an
*
encumbrance or a security on, or a liability incurred to
9
acquire, retain, maintain or make
*
improvements to, the
10
property is wholly or partly discharged using an instrument
11
of the offence; or
12
(d) the costs of retaining, maintaining or making improvements
13
to the property are wholly or partly met using an instrument
14
of the offence; or
15
(e) the property is improved using an instrument of the offence;
16
including because of one or more previous applications of this
17
section.
18
7 Subsection 330(3)
19
Omit "
*
proceeds of an offence or an
*
instrument", substitute "proceeds
20
of an offence or an instrument".
21
8 Subsection 330(4)
22
Omit "
*
proceeds of an offence or an
*
instrument", substitute "proceeds
23
of an offence or an instrument".
24
9 Subsection 330(5)
25
Omit "becomes proceeds of an offence or an instrument", substitute
26
"becomes proceeds of an offence or an instrument".
27
10 Subsection 330(6)
28
Omit "
*
proceeds of an
*
unlawful activity, or an
*
instrument", substitute
29
"proceeds of an
*
unlawful activity, or an instrument".
30
11 At the end of section 330
31
Add:
32
Enhancements to the proceeds of crime regime Schedule 1
No. , 2017
Proceeds of Crime Amendment (Proceeds and Other Matters) Bill
2017
5
(7) Paragraphs (1)(a) to (e) and (2)(a) to (e) do not limit each other.
1
(8) This section does not limit section 329.
2
12 Paragraph 336A(c)
3
Repeal the paragraph (including the note), substitute:
4
(c) the property or wealth is not
*
proceeds or an
*
instrument of
5
an offence.
6
13 Section 338
7
Insert:
8
improvements to property or
*
wealth includes additions to,
9
altering, repairing, restoring, structuring, restructuring, or any other
10
change to the whole or part of the property or
*
wealth (whether or
11
not it results in an increase in value of the property or wealth).
12
14 Application of amendments
13
(1)
The amendments made by items 1 to 5 of this Schedule apply after the
14
commencement of this Schedule in relation to property derived or
15
realised, before or after that commencement, from the commission of an
16
offence occurring before or after that commencement.
17
(2)
The amendments made by items 6 to 11 and 13 of this Schedule apply
18
after the commencement of this Schedule in relation to:
19
(a) property that is wholly or partly derived or realised from a
20
disposal or other dealing, before or after that commencement,
21
with property that is proceeds or an instrument of an offence
22
(within the meaning of the Proceeds of Crime Act 2002 as
23
amended by those items); and
24
(b) property that is wholly or partly acquired, before or after that
25
commencement, using property that is proceeds or an
26
instrument of an offence (within the meaning of that Act as
27
amended by those items); and
28
(c) property for which an encumbrance, security or liability is
29
wholly or partly discharged, before or after that
30
commencement, using property that is proceeds or an
31
instrument of an offence (within the meaning of that Act as
32
amended by those items); and
33
Schedule 1 Enhancements to the proceeds of crime regime
6
Proceeds of Crime Amendment (Proceeds and Other Matters) Bill
2017
No. , 2017
(d) property for which the costs of wholly or partly retaining,
1
maintaining or improving are met, before or after that
2
commencement, using property that is proceeds or an
3
instrument of an offence (within the meaning of that Act as
4
amended by those items); and
5
(e) property that is improved, before or after that
6
commencement, using proceeds or an instrument of an
7
offence (within the meaning of that Act as amended by those
8
items).
9
(3)
The amendment made by item 12 of this Schedule applies after the
10
commencement of this Schedule in relation to property or wealth
11
acquired before or after that commencement.
12