South Australian Numbered Acts

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UNEXPLAINED WEALTH (COMMONWEALTH POWERS) ACT 2021 (NO 27 OF 2021) - SECT 3

3—Interpretation

In this Act, unless the contrary intention appears—

"adoption 1" means the adoption under section 4(1)(a)

;

"adoption 2" means the adoption under section 4(1)(b)

;

"amendment reference" means the reference under section 5(1)

;

"Commonwealth Proceeds of Crime Act" means the Proceeds of Crime Act 2002 of the Commonwealth (as in force from time to time);

"express amendment" of the Commonwealth Proceeds of Crime Act, means the direct amendment of the text of that Act (whether by the insertion, omission, repeal, substitution or relocation of words or matter) by another Commonwealth Act or by an instrument under a Commonwealth Act, but does not include the enactment by a Commonwealth Act of a provision that has, or will have, substantive effect otherwise than as part of the text of the Commonwealth Proceeds of Crime Act;

"information gathering" means the production or provision of information for the purposes of, or relevant to, the taking of action, or the institution of proceedings, under a law of the State;

"lawfully acquired" includes, but is not limited to, its meaning in the Commonwealth Proceeds of Crime Act as in force immediately before the enactment of the Unexplained Wealth (Commonwealth Powers) Act 2018 of New South Wales;

"National Unexplained Wealth Laws 1" of the Commonwealth, means the "post-amended version 1 of this Act" within the meaning of section 14C of the Commonwealth Proceeds of Crime Act as that section is in force immediately before this Act is assented to by the Governor;

"National Unexplained Wealth Laws 2" of the Commonwealth, means the "post-amended version 2 of this Act" within the meaning of section 14C of the Commonwealth Proceeds of Crime Act as that section is in force immediately before this Act is assented to by the Governor;

"property" includes, but is not limited to, its meaning in the Commonwealth Proceeds of Crime Act as in force immediately before the enactment of the Unexplained Wealth (Commonwealth Powers) Act 2018 of New South Wales;

"relevant offence" means an offence of a kind specified in section 8

;

"unexplained wealth" means property or wealth that might not have been lawfully acquired;

"unexplained wealth provisions" means—

            (a)         section 20A and Part 2-6 of the Commonwealth Proceeds of Crime Act; and

            (b)         the other provisions of that Act in so far as they relate to section 20A and Part 2-6 of that Act, and

            (c)         instruments made under that Act for the purposes of a provision referred to in paragraph (a)

or (b)

;

"wealth" includes, but is not limited to, its meaning in the Commonwealth Proceeds of Crime Act as in force immediately before the enactment of the Unexplained Wealth (Commonwealth Powers) Act 2018 of New South Wales.



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