Unexplained Wealth Review Crime (Confiscation of Profits) Act - Have your say

The Tasmanian Government is committed to ensuring that public consultation processes are open and transparent and we are seeking your input on the Crime (Confiscation of Profits) Amendment Bill 2018.

The Crime (Confiscation of Profits) Act 1993 (the Act) allows for the confiscation of the proceeds of crime. Part 9 of the Act primarily deals with ‘unexplained wealth’, which is wealth that has not been lawfully acquired.

Part 9 of the Act commenced on 1 March 2014. It contains provisions relating to, amongst other things:

  • restraining, forfeiting and valuing property;
  • investigations;
  • searches;
  • applications and declarations; and
  • an independent review of Part 9.

An independent review of Part 9 of the Act was undertaken in 2017 by Mr Damian Bugg AM QC and tabled in Parliament on 17 August 2017. The report made a number of recommendations to amend Part 9 of the Act. The report and its recommendations can be viewed at Independent Review of Part 9 Crime (Confiscation of Profits) Act 1993 (pdf, 17.8MB).

The Crime (Confiscation of Profits) Amendment Bill 2018 (the Bill) implements most of the recommendations made in the report on the independent review of Part 9.

The key features of the Bill:

  • clarify that Part 9 applies to a club or association and any associated office holder (Section 80);
  • make it clear that written notices issued to banks and other financial institutions by the Director of Public Prosecutions can require the provision of records, information, material or things that are relevant to unexplained wealth proceedings or persons specified in the notice and associated provisions (Section 87);
  • allow a person to also be examined about the nature, location and source of property (Section 92(2));
  • allow for a statement or disclosure that is made by a person who complies with an examination order to be used in any proceeding under the Act that may lead to the forfeiture of property (Section 94);
  • allow for information contained in a property tracking document, or statement or disclosure made by a person in the course of complying with a document productions order to be used in any proceeding under the Act that may lead to the forfeiture of property (Section 99);
  • allow for a person to be examined about whether his or her own wealth is lawfully acquired (Subdivision 2 (Examinations) of Division 2 of Part 9);
  • allow for a production order to be made in respect to a person’s own wealth (subdivision 3 (Production of Documents) of Part 9);
  • provide that an interim wealth restraining order has effect for 3 days after it was made (excluding Saturdays, Sundays or statutory holidays) or for a further period that is determined by the Court (Section 116);
  • provide that the Court may refuse to make an interim wealth restraining order, if the Director of Public Prosecutions refuses or fails to give an undertaking that the court considers appropriate in relation to the payment of damages or costs (Section 116);
  • provide that the Supreme Court may only make a wealth restraining order in relation to property of a person named in an application, if the Supreme Court is satisfied that the Director of Public Prosecutions intends to make an application for an unexplained wealth declaration or document production order within a reasonable period (which is not less than 21 days) after the wealth restraining order is made (Section 118);
  • provide that the Court may refuse to make a wealth restraining order if the Director of Public Prosecutions refuses or fails to give an undertaking to the court that the court considers appropriate in relation to the payment of damages or costs (Section 118); and
  • amend the Act and Crime (Confiscation of Profits) Regulations to clarify that the Public Trustee may recover fees and expenses incurred for the work performed by the Public Trustee (Section 169 and Regulation 9).

How to make a submission

We must receive all written submissions on the Crime (Confiscation of Profits) Amendment Bill 2018 by 5 pm on 27 July 2018.

You can make your submission either online, by email or by post.

Online

You can make your submission online by uploading it.

your can upload only docx, doc or pdf and not larger than 10 MB

Important: By submitting your file, you agree to publish it on this website.

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Email

Email your submission to haveyoursay@justice.tas.gov.au.

Post

Mail your submission to:

Department of Justice
Office of the Secretary
GPO Box 825
Hobart tas 7001

Publishing submissions

Other than indicated below, submissions will be treated as public information and will be published on our website.

Submissions will be published once the Government’s consideration of submissions has concluded.

No personal information other than an individual’s name or the organisation making a submission will be published.

For further information, please read the Tasmanian Government Public Submissions Policy (external link).

Accessibility of submissions

The Government recognises that not all individuals or groups are equally placed to access and understand information. We are therefore committed to ensuring Government information is accessible and easily understood by people with diverse communication needs.

Where possible, please consider typing your submission in plain English and providing it in a format such as Microsoft Word or equivalent.

The Government cannot however take responsibility for the accessibility of documents provided by third parties.

Important information to note

  1. Your name (or the name of the organisation) will be published unless you request otherwise.
  2. In the absence of a clear indication that a submission is intended to be treated as confidential (or parts of the submission), the Department will treat the submission as public.
  3. If you would like your submission treated as confidential, whether in whole or in part, please indicate this in writing at the time of making your submission clearly identifying the parts of your submission you want to remain confidential and the reasons why. In this case, your submission will not be published to the extent of that request.
  4. Copyright in submissions remains with the author(s), not with the Tasmanian Government.
  5. The Department will not publish, in whole or in part, submissions containing defamatory or offensive material. If your submission includes information that could enable the identification of other individuals then either all or parts of the submission will not be published.

Information provided to the Government may be provided to an applicant under the provisions of the Right to Information Act 2009 (RTI). If you have indicated that you wish all or part of your submission to be treated as confidential, your statement detailing the reasons may be taken into account in determining whether or not to release the information in the event of an RTI application for assessed disclosure. You may also be contacted to provide any further comment.

Next steps

  1. Submissions received on the draft Bill will be considered in finalising the Bill for tabling in Parliament.