Amendments to Part 9 (Unexplained Wealth) of Crime (Confiscation of Profits) Act 1993
Change to Part 9 of the Crime (Confiscation of Profits) Act 1993
Part 9 of the Crime (Confiscation of Profits) Act 1993 provides for non-conviction based unexplained wealth forfeiture laws. It commenced on 1 March 2014. An independent review of this Part was undertaken in 2017.
A draft Crime (Confiscation of Profits) Amendment Bill 2018 which implements the majority of the recommendations of the report of the independent review was prepared for consultation purposes.
Consultation on the change
Public consultation on the draft Crime (Confiscation of Profits) Amendment Bill 2018 commenced on 10 July 2018 and concluded on 27 July 2018.
The consultation process was undertaken by the Department of Justice and was subject to the Government’s ‘Publication of Submissions Received by Tasmanian Government Departments in Response to Consultation on Major Policy Issues’ policy.
Further details on the policy and a link to the full document are available on the Department of Premier and Cabinet website (external link).
The Department of Justice received one submission that is required to be published in accordance with the policy. As the Government’s consideration of all submissions has now concluded, the submission that is required to be published is made available below.
Crime (Confiscation of Profits) Amendment Bill 2018
The Bill implements the majority of the recommendations from the Report of the Independent Reviewer and provides for the following matters.
- Amends section 80 of the Act to clarify that where a requirement is made or obligation is held by a body of persons, such as an incorporated or unincorporated club or association, it is also held by each person who is a member of that body given their actual or apparent authority within that body.
- Amends section 87 of the Act by clarifying that the Director of Public Prosecutions may by written notice require financial organisations to provide any record, information, material or thing that may be relevant to unexplained wealth proceedings or persons specified in a notice. A number of additional minor amendments are made to section 87 to give effect to this requirement.
- Extends the operation of examination orders to allow for a person to be examined about whether his or her own wealth is lawfully acquired.
- Provides that a person may be examined about the nature, location and source of property that forms or may form part of the wealth, liabilities, income and expenditure of a person who is suspected of having unexplained wealth, and may also be examined about the identity of any person who may have the possession, control, custody or management of particular wealth, liabilities, income and expenditure and property-tracking documents.
- Amends section 97 to clarify that document production orders may also apply to the subject of unexplained wealth proceedings.
- Extends the provisions relating to the admissibility of evidence to allow for statements and disclosures that have been made by persons, including the subject of unexplained wealth proceedings to be used for proceedings under the Act that may lead the forfeiture of property.
- Extends the provisions relating to the admissibility of evidence to allow for information contained in a property tracking document or statement or disclosure made by a person in complying with a document production order to be used for proceedings under the Act that may lead the forfeiture of property.
- Provides that the Supreme Court may only make a wealth restraining order if satisfied that the Director of Public Prosecutions intends to make an unexplained wealth declaration application within a reasonable period that is not less than 21 days, but the Supreme Court may refuse to make the order if the Director of Public Prosecutions refuses or fails to give to the court such undertakings that the court considers appropriate in relation to the payment of damages or costs, or both.
- Provides that an interim wealth-restraining order lasts for 3 days, excluding Saturdays, Sundays or statutory holidays or for a further period as the court specifies. It further provides that the court may refuse to make the order, if the Director of Public Prosecutions refuses or fails to give such undertakings as the court considers appropriate in relation to the payment of damages or costs, or both.
- Amends the Crime (Confiscation of Profits) Regulations 2014 and section 169 of the Act to clarify that the Public Trustee may be reimbursed for any reasonable costs or expenses incurred as a result of having control or management of property under Part 9.
The final Bill will be available on the Parliament of Tasmania website once tabled.
Accessibility of submissions
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The Government cannot however take responsibility for the accessibility of documents provided by third parties.