Commonwealth Consolidated Acts

AUSTRALIAN CRIME COMMISSION ESTABLISHMENT ACT 2002 - SCHEDULE 3

Note:   The operation of the amendments in this Schedule depends on when the Proceeds of Crime Act 2002 commences.

Part   1 -- Amendments

Note:   The amendments in this Part operate if section   3 of the Proceeds of Crime Act 2002 commences before 1   January 2003 .

Australian Crime Commission Act 2002

1   Subsection 4(1) ( paragraph   ( d) of the definition of serious and organised crime )

Omit "that is of a kind prescribed by the regulations or involves any of the following:", substitute "that is a serious offence within the meaning of the Proceeds of Crime Act 2002 , an offence of a kind prescribed by the regulations or an offence that involves any of the following:".

Note:   If section   3 of the Proceeds of Crime Act 2002 commences on or after 1   January 2003 , this item does not commence at all. See subsection 2(3).

2   Subsection 4(1) (after paragraph   ( d) of the definition of serious and organised crime )

Insert:

  and (da)   that is:

  (i)   punishable by imprisonment for a period of 3 years or more; or

  (ii)   a serious offence within the meaning of the Proceeds of Crimes Act 2002 ;

Note:   If section   3 of the Proceeds of Crime Act 2002 commences on or after 1   January 2003 , this item does not commence at all. See subsection 2(3).

3   Subsection 4(1) ( paragraph   ( f) of the definition of serious and organised crime )

Omit "and".

Note:   If section   3 of the Proceeds of Crime Act 2002 commences on or after 1   January 2003 , this item does not commence at all. See subsection 2(3).

4   Subsection 4(1) ( paragraph   ( g) of the definition of serious and organised crime )

Repeal the paragraph.

Note:   If section   3 of the Proceeds of Crime Act 2002 commences on or after 1   January 2003 , this item does not commence at all. See subsection 2(3).

5   Subsection 12(1B)

Omit "Where, in carrying out or co - ordinating an investigation in relation to a relevant criminal activity, the Authority obtains evidence that would be admissible in confiscation proceedings, it may", substitute "Where the ACC, in carrying out an ACC operation/investigation, obtains evidence that would be admissible in confiscation proceedings, the CEO may".

Note:   If section   3 of the Proceeds of Crime Act 2002 commences on or after 1   January 2003 , this item does not commence at all. See subsection 2(3).

6   Paragraph 61(2)(ea)

Omit "its investigations", substitute "investigations by the ACC".

Note:   If section   3 of the Proceeds of Crime Act 2002 commences on or after 1   January 2003 , this item does not commence at all. See subsection 2(3).

Part   2 -- Alternative amendments

Note:   The amendments in this Part operate if section   3 of the Proceeds of Crime Act 2002 commences on or after 1   January 2003 .

Australian Crime Commission Act 2002

7   Subsection 4(1)

Insert:

"confiscation proceeding" means a proceeding under the Proceeds of Crime Act 1987 or the Proceeds of Crime Act 2002 , or under a corresponding law within the meaning of either of those Acts, but does not include a criminal prosecution for an offence under either of those Acts or a corresponding law.

Note:   If section   3 of the Proceeds of Crime Act 2002 commences before 1   January 2003 , this item does not commence at all. See subsection 2(4).

8   Subsection 4(1) ( paragraph   ( d) of the definition of serious and organised crime )

Omit "that is of a kind prescribed by the regulations or involves any of the following:", substitute "that is a serious offence within the meaning of the Proceeds of Crime Act 2002 , an offence of a kind prescribed by the regulations or an offence that involves any of the following:".

Note:   If section   3 of the Proceeds of Crime Act 2002 commences before 1   January 2003 , this item does not commence at all. See subsection 2(4).

9   Subsection 4(1) (after paragraph   ( d) of the definition of serious and organised crime )

Insert:

  and (da)   that is:

  (i)   punishable by imprisonment for a period of 3 years or more; or

  (ii)   a serious offence within the meaning of the Proceeds of Crimes Act 2002 ;

Note:   If section   3 of the Proceeds of Crime Act 2002 commences before 1   January 2003 , this item does not commence at all. See subsection 2(4).

10   Subsection 4(1) ( paragraph   ( f) of the definition of serious and organised crime )

Omit "and".

Note:   If section   3 of the Proceeds of Crime Act 2002 commences before 1   January 2003 , this item does not commence at all. See subsection 2(4).

11   Subsection 4(1) ( paragraph   ( g) of the definition of serious and organised crime )

Repeal the paragraph.

Note:   If section   3 of the Proceeds of Crime Act 2002 commences before 1   January 2003 , this item does not commence at all. See subsection 2(4).

12   After subsection 12(1)

Insert:

  (1A)   Where the ACC, in carrying out an ACC operation/investigation, obtains evidence that would be admissible in confiscation proceedings, the CEO may assemble the evidence and give it to:

  (a)   the Attorney - General of the Commonwealth or the State, as the case requires; or

  (b)   a relevant law enforcement agency; or

  (c)   any person or authority (other than a law enforcement authority) who is authorised to commence the confiscation proceedings.

Note:   If section   3 of the Proceeds of Crime Act 2002 commences before 1   January 2003 , this item does not commence at all. See subsection 2(4).

13   Subsection 30(5)

Omit all the words from and including "other than a proceeding", substitute:

other than:

  (c)   confiscation proceedings; or

  (d)   a proceeding in respect of:

  (i)   in the case of an answer--the falsity of the answer; or

  (ii)   in the case of the production of a document--the falsity of any statement contained in the document.

Note:   If section   3 of the Proceeds of Crime Act 2002 commences before 1   January 2003 , this item does not commence at all. See subsection 2(4).

14   After paragraph 61(2)(e)

Insert:

  (ea)   the extent to which investigations by the ACC have resulted in confiscation proceedings;

Note:   If section   3 of the Proceeds of Crime Act 2002 commences before 1   January 2003 , this item does not commence at all. See subsection 2(4).

Proceeds of Crime (Consequential Amendments and Transitional Provisions) Act 2002

15   Heading before item   33 of Schedule   6

Repeal the heading.

Note:   If section   3 of the Proceeds of Crime Act 2002 commences before 1   January 2003 , this item does not commence at all. See subsection 2(4).

16   Items   33 to 39 of Schedule   6

Repeal the items.

Note:   If section   3 of the Proceeds of Crime Act 2002 commences before 1   January 2003 , this item does not commence at all. See subsection 2(4).

Telecommunications (Interception) Act 1979

17   Paragraph 6L(2)(a)

Omit "Authority", substitute "ACC".

Note:   If section   3 of the Proceeds of Crime Act 2002 commences before 1   January 2003 , this item does not commence at all. See subsection 2(4).

[ Minister's second reading speech made in--

House of Representatives on 26   September 2002

Senate on 15   November 2002 ]