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Department of Justice

Crime (Confiscation of Profits) Act 1993 Review

Section 204 of the Crime (Confiscation of Profits) Act 1993 (the Act) requires that an independent review of the operation of Part 9 of the Act is to be undertaken as soon as practicable after the third anniversary of its commencement. Part 9 of the Act commenced on 1 March 2014.

The intention of Part 9 of the Act is:

  • to deter organised crime by targeting the ‘profit’ and removing the funds which would otherwise be available for use in further criminal activities;
  • to target people who organise and derive profit from crime and whose wealth exceeds the value of their lawful earnings but who may be difficult to prosecute and convict of specific crimes or offence;
  • to provide for unexplained wealth declarations to be made without having to prove that the respondent has engaged in specific criminal activity or prove a link between the commission of a specific offence and the person’s wealth;
  • to introduce non-conviction based civil forfeiture laws involving a presumption that respondents have not lawfully acquired their wealth unless they prove otherwise.

The review is to assess:

  1. What has been achieved under the new provisions in Part 9 of the Act including the number of proceedings and the quantum obtained from unexplained wealth declarations made under that Part;  
  2. Whether the interaction between criminal proceedings and civil proceedings under Part 9 of the Act are operating effectively and as intended;
  3. Any deficiencies or unintended consequences of and/or impediments to the implementation of Part 9 of the Act; and
  4. Any proposed improvements to Part 9 of the Act, including any recommendations for law reform of the Act or any other legislation that is necessary for the implementation of Part 9 of the Act.

Independent Reviewer

Damian Bugg AM QC has been appointed as the Independent Reviewer to undertake this Review.

The Independent Reviewer is calling for written submissions from interested parties to enable consideration of the matters detailed above.

The Independent Reviewer will be responsible for determining the confidentiality of any written submissions.

Making a submission

Written submissions may be forwarded to review@justice.tas.gov.au or mailed to:

The Independent Reviewer
PO Box 825
Hobart Tasmania 7001

Submitters should indicate whether their written submission is being made in confidence, in full or in part, and the basis for the request to be treated in confidence. Submitters are also invited to indicate whether the party making the submission wishes to make oral submissions to the Independent Reviewer. These will be taken in private.

Submissions must be received by Monday 22 May 2017.

Report

The report on the outcome of the Review is to be tabled in each House of Parliament within 10 sitting days of that House after the review is completed.