an-act-to-amend-various-acts-relating-to-the-enforcement-of-the.pdf, p.7
1 After paragraph 16(2)(c)
Identifies the Chief Executive Officer of Customs in certain circumstances.
2 Subsection 5(1) (after paragraph (b) of the definition of
3 Subsection 5(1) (after paragraph (b) of the definition of law
Defines staff members of Customs for the purposes of this Act.
4 After subsection 10(2)
an-act-to-amend-various-acts-relating-to-the-enforcement-of-the.pdf, p.8
4 Crimes Legislation Amendment Act (No. 2) 2011
A person referred to in paragraph (2A)(c) is a secondee to Customs.
5 After paragraph 10(5)(b)
a person referred to in paragraph (2A)(c)
Amendments apply in relation to corrupt conduct, regardless of when it was engaged in.
6 Application
an-act-to-amend-various-acts-relating-to-the-enforcement-of-the.pdf, p.5
1 Short title [see Note 1]
1 Section 1
1 January 2012
an-act-to-amend-various-acts-relating-to-the-enforcement-of-the.pdf, p.6
an-act-to-amend-various-acts-relating-to-the-enforcement-of-the.pdf, p.9
Commissioner may delegate powers to Deputy Commissioner or senior executive AFP employee.
1 At the end of section 69C
an-act-to-amend-various-acts-relating-to-the-enforcement-of-the.pdf, p.46
an-act-to-amend-various-acts-relating-to-the-enforcement-of-the.pdf, p.14
The DPP is responsible for the application or order.
10 Crimes Legislation Amendment Act (No. 2) 2011
an-act-to-amend-various-acts-relating-to-the-enforcement-of-the.pdf, p.15
10 Paragraph 19(1)(c)
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100 Subsections 179K(1) and (4)
101 Subsections 179N(2) and (3)
102 Subsections 179Q(2) and (3)
103 Paragraph 179S(1)(b)
104 Subsection 179S(4)
105 Subsection 182(2)
106 Subsection 183(1)
107 Paragraph 187(1)(b)
108 Paragraph 188(3)(c)
109 Subsection 189(1)
11 Paragraph 20(1)(c)
Responsible authorities for proceeds of crime
110 Paragraphs 191(1)(b) and (c)
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111 Paragraph 192(b)
112 Paragraph 193(1)(b)
113 Paragraph 194(2)(b)
114 Paragraph 322(5)(b)
Written notice must be given to enforcement agency
115 Paragraph 15Q(2)(b)
Omit 'DPP', substitute 'responsible authority'.
116 Subsection 29(1) (note)
Omit “DPP”, substitute ‘responsible authority’.
117 Section 29A (note)
Omit *DPP, substitute *responsible authority for the *restraining order
118 Subsection 34(2)
Prevents DPP from applying for recording of restraining order in register
119 Subsection 35(1)
12 Paragraph 20A(1)(c)
an-act-to-amend-various-acts-relating-to-the-enforcement-of-the.pdf, p.16
12 Crimes Legislation Amendment Act (No. 2) 2011
an-act-to-amend-various-acts-relating-to-the-enforcement-of-the.pdf, p.22
Omit 'the DPP', substitute 'a proceeds of crime authority (the Commissioner of the Australian Federal Police or the DPP)'
120 Section 46
Substitute responsible authority for restraining order under section 18
121 Paragraphs 47(1)(a) and (b)
Substitute responsible authority for restraining order under section 19
122 Paragraphs 49(1)(a) and (b)
Authority responsible for forfeiture order or application is also responsible for exclusion order.
123 At the end of subsection 75(1)
Authority responsible for forfeiture order or application is also responsible for compensation order.
124 At the end of subsection 79(1)
Omit *DPP, substitute *responsible authority for the *restraining order referred to in paragraph 92(1)(b)
125 Subsection 92A(1)
Prohibits the use of *DPP, requiring substitution with a responsible authority
an-act-to-amend-various-acts-relating-to-the-enforcement-of-the.pdf, p.23
126 Subsection 92A(1)
Omit specific term and substitute with alternative phrase.
127 Paragraphs 97(1)(b) and 110(1)(a)
Omit *DPP, substitute with responsible authority for the restraining order referred to in paragraph 92(1)(b)
128 Subsection 113(2)
129 Subsection 113(2)
13 Section 25
Omit specified phrase from DPP application
130 Subsection 116(4) (note)
Omit *DPP, substitute with responsible authority for pecuniary penalty order or restraining order.
131 Subsection 143(1)
Omit *DPP, substitute with specific authority
132 Subsection 170(1)
*responsible authority for the *literary proceeds order or *restraining order referred to in that section
A charge is created under section 169 if both a literary proceeds order and a restraining order have been made in relation to an indictable offence (or related offence).
133 At the end of subsection 170(1)
Both orders were made within the same temporal interval.
A literary proceeds order and a restraining order have been made in relation to an indictable offence (or related offence).
A charge has been created under section 169.
Both a literary proceeds order and a restraining order have been made in relation to an indictable offence (or related offence).
The charge is diffused from the literary proceeds order and restraining order.
Omit *DPP, substitute with responsible authority for the principal order
134 Subsection 182(1)
Omit ‘*DPP’, substitute ‘*responsible authority for the relevant order’.
135 Subsections 282(4) and 282A(4)
an-act-to-amend-various-acts-relating-to-the-enforcement-of-the.pdf, p.24
Omit *DPP, substitute with responsible authority for the restraining order referred to in section 293.
136 Section 294
137 Paragraph 297(ga)
Prohibits substitution of *DPP with another term
Omit ‘*DPP’, substitute ‘*responsible authority for the targeted order’.
138 Subsection 322(5)
Application of amendments—Divisions 1 to 4 of this Schedule
139 Application of amendments—Divisions 1 to 4 of this
14 Section 27
an-act-to-amend-various-acts-relating-to-the-enforcement-of-the.pdf, p.18
14 Crimes Legislation Amendment Act (No. 2) 2011
Substitute 'a proceeds of crime authority' for 'the DPP'
140 Paragraphs (ya) and (yb) of Schedule 1
141 After paragraph (yb) of Schedule 1
an-act-to-amend-various-acts-relating-to-the-enforcement-of-the.pdf, p.25
Defines Commonwealth proceeds of crime authority
142 Subsection 5(1)
Substitute authority for application under Proceeds of Crime Act 2002
143 Paragraph 12(1C)(a)
Insertion of Commissioner into Director of Public Prosecutions heading
144 Subsection 58A(3)
Insertion of authority for proceeds of crime order
145 Section 114C
Inserts the Commissioner of Australian Federal Police as an authority
an-act-to-amend-various-acts-relating-to-the-enforcement-of-the.pdf, p.26
Application for order under subsection (6A) must be made.
146 Paragraph 154(6)(a)
Application may be made by certain parties for a forfeiture order or pecuniary penalty order under the Proceeds of Crime Act 2002.
147 After subsection 154(6)
Permission to apply for a forfeiture order or pecuniary penalty order
Application for order under subsection (2A) must be made.
148 Paragraph 231A(2)(a)
Application may be made by certain persons for a forfeiture order or pecuniary penalty order under the Proceeds of Crime Act 2002.
149 After subsection 231A(2)
In the case of pending proceedings in relation to a forfeiture order or a pecuniary penalty order under the Proceeds of
Permission to apply for a forfeiture order or pecuniary penalty order.
15 Paragraphs 48(1)(a) and (2)(a)
an-act-to-amend-various-acts-relating-to-the-enforcement-of-the.pdf, p.27
150 Application of amendments—the Bankruptcy Act 1966
Omit 'Director of Public Prosecutions', substitute 'responsible authority for the proceeding under that Act'
151 Paragraph 15YU(4)(a)
Defines responsible authority and responsibility transfer between authorities.
152 At the end of subsection 15YU(4)
Establishes responsibility transfer between authorities
Responsibility can be transferred between these authorities
153 Application of amendments—the Crimes Act 1914
an-act-to-amend-various-acts-relating-to-the-enforcement-of-the.pdf, p.28
154 Paragraphs 107(2)(b) and (c) of Schedule 2
155 Subsection 4(1) (definition of DPP)
Omit “under the Proceeds of Crime Act 2002”.
156 Subsection 4(1) (definition of forfeiture application)
157 Subsection 4(1) (definition of forfeiture order)
158 Subsection 4(1)
State or Territory proceeds of crime law includes freezing order
freezing order is made under a State or Territory proceeds of crime law
State or Territory proceeds of crime law implies freezing order if it is of a kind declared by the regulations
If an order is made under a State or Territory proceeds of crime law and that is of a kind declared by the regulations to be a freezing order for the purposes of this paragraph, then it is a freezing order
State or Territory proceeds of crime law is a freezing order if it is of a kind declared by the regulations
freezing order means an order that is made under a State or Territory proceeds of crime law and that is of a kind declared by the regulations to be a freezing order for the purposes of this paragraph.
If an order is made under a State or Territory proceeds of crime law and that is of a kind declared by the regulations to be a freezing order for the purposes of this paragraph, then it implies freezing order
State or Territory proceeds of crime law is included in freezing order under the Proceeds of Crime Act 2002
Freezing order under the Proceeds of Crime Act 2002 includes freezing order made under State or Territory proceeds of crime law
Defines 'proceeds of crime authority' as per section 4C.
159 Subsection 4(1)
16 Section 50 (note)
16 Crimes Legislation Amendment Act (No. 2) 2011
an-act-to-amend-various-acts-relating-to-the-enforcement-of-the.pdf, p.29
Omit 'under the Proceeds of Crime Act 2002'
160 Subsection 4(1) (paragraphs (aa), (a) and (b) of the
161 Subsection 4(1)
the earlier law restricts the scope of restraining orders
a restraining order is made under a State or Territory proceeds of crime law that was enacted before this Act
the law restricts the scope of restraining orders
a restraining order must be made under a State or Territory proceeds of crime law
the regulation restricts the scope of restraining orders
a restraining order is an order that is made under a State or Territory proceeds of crime law and that is of a kind declared by the regulations to be a restraining order for the purposes of this paragraph
order is a superclass of restraining order
restraining order is a subclass of order
the later law restricts the scope of restraining orders
a restraining order is made under a State or Territory proceeds of crime law that was enacted after this Act
162 Subsection 4(1)
163 After section 4B
an-act-to-amend-various-acts-relating-to-the-enforcement-of-the.pdf, p.30
Omit 'DPP', substitute 'proceeds of crime authority'
164 Paragraph 79B(3)(b)
notification in writing, copy of proceeds of crime order or forfeiture application
an-act-to-amend-various-acts-relating-to-the-enforcement-of-the.pdf, p.31
Notify Registry Manager of proceeds of crime order or forfeiture application
165 Subsection 79B(3)
Omit 'DPP', substitute 'proceeds of crime authority'.
166 Subsections 79C(1A), (2), (3) and(4)
167 Paragraphs 79D(1)(a) and (b)
168 Subsection 79D(2)
Omit 'the DPP's', substitute 'the proceeds of crime authority's'.
169 Subsection 79D(3)
17 Paragraph 54(a)
Omit 'the DPP' and substitute 'the authority'
170 Subsection 79D(3)
Substitute 'proceeds of crime authority' for 'The DPP'
171 Subsection 79E(1)
Omit 'the DPP', substitute 'the authority'.
172 Subsection 79E(1)
173 Subsection 79E(2)
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174 Paragraph 90M(3)(b)
notification, copy of proceeds of crime order or forfeiture application
175 Subsection 90M(3)
176 Subsections 90N(1A), (2), (3) and (4)
177 Paragraphs 90P(1)(a) and (b)
178 Subsection 90P(2)
Omit 'DPP's', substitute 'proceeds of crime authority's'
179 Subsection 90P(3)
18 Subsection 59(1)
Duty to record particulars of order and responsible authority
18 Crimes Legislation Amendment Act (No. 2) 2011
180 Subsection 90P(3)
181 Subsection 90Q(1)
182 Subsection 90Q(1)
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183 Subsection 90Q(2)
Prohibits the omission of a specific phrase.
184 Paragraph 90VA(3)(b)
185 Subsection 90VA(3)
186 Subsections 90VB(2), (3), (4) and (5)
187 Paragraphs 90VC(1)(a) and (b)
188 Subsection 90VC(2)
189 Subsection 90VC(3)
19 Subsection 60(1)
190 Subsection 90VC(3)
Omit 'The DPP', substitute 'proceeds of crime authority'
191 Subsection 90VD(1)
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192 Subsection 90VD(1)
193 Subsection 90VD(2)
194 Application of amendments—the Family Law Act 1975
Omit 'Director of Public Prosecutions', substitute 'responsible authority (under that Act) in relation to the proceeding'
195 Paragraph 25A(2)(a)
Defines responsible authorities for proceeds of crime
196 At the end of subsection 25A(2)
an-act-to-amend-various-acts-relating-to-the-enforcement-of-the.pdf, p.35
Application of amendments made by items 195 and 196 of this Schedule
197 Application of amendments—the Foreign Evidence Act
198 Section 4
proceeds of crime authority is defined at the same time as the Commissioner of the Australian Federal Police or the DPP
the definition of proceeds of crime authority in section 338 of that Act
proceeds of crime authority is defined by the Commissioner of the Australian Federal Police or the DPP
proceeds of crime authority is either the Commissioner of the Australian Federal Police or the DPP
Same meaning as in the Proceeds of Crime Act
proceeds of crime authority has the same meaning as in the Proceeds of Crime Act
Omit 'the DPP', substitute 'a proceeds of crime authority'.
199 Subsection 82(1)
2 Commencement
The day after this Act receives the Royal Assent.
2 Section 2
2 Crimes Legislation Amendment Act (No. 2) 2011
Amendment application to Commissioner's powers, functions or duties as a proceeds of crime authority
2 Application of amendment—the Australian Federal Police
20 Paragraphs 60(3)(a) and (b)
20 Crimes Legislation Amendment Act (No. 2) 2011
200 Subsection 82(3)
201 Paragraph 82(5)(b)
202 Subsections 155(2) and 156(1)
Omit 'The DPP', substitute 'The proceeds of crime authority'
203 Subsection 156(2)
substitute 'The proceeds of crime authority'
Replaces 'The DPP' with 'The proceeds of crime authority' at the specified point in time
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204 Paragraph 156(2)(a)
205 Subsection 156(3)
Omit specific reference in order to apply authority instead.
206 Paragraph 157(2)(a)
Omit 'DPP', substitute 'proceeds of crime authority authorised under subsection 155(2)'
207 Subsection 158(8)
Omit 'The DPP', substitute 'That proceeds of crime authority'
208 Subsection 158(9)
Application of amendments—the International Criminal Court Act 2002
209 Application of amendments—the International Criminal
21 Paragraph 116(1)(a)
210 Section 4
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Omit 'the Director of Public Prosecutions', substitute 'a proceeds of crime authority'.
211 Subsection 44(1)
212 Subsection 45(1)
Omit 'The Director of Public Prosecutions', substitute 'The proceeds of crime authority'.
213 Subsection 45(1A)
Omit 'Director of Public Prosecutions', substitute 'authority'.
213A Paragraph 45(1A)(a)
Omit 'Director of Public Prosecutions', substitute 'proceeds of crime authority'.
213B Subsection 45(1B)
Prohibits the use of 'Director of Public Prosecutions'
214 Paragraph 46(1A)(a)
Prohibits the Director of Public Prosecutions from being referred to
Omit 'Director of Public Prosecutions', substitute 'proceeds of crime authority authorised under subsection 45(1)'
215 Subsection 46A(8)
Omit 'The Director of Public Prosecutions', substitute 'That proceeds of crime authority'.
216 Subsection 46A(9)
Prohibits the use of 'The Director of Public Prosecutions'
an-act-to-amend-various-acts-relating-to-the-enforcement-of-the.pdf, p.38
Application of amendments—the International War
217 Application of amendments—the International War
218 Subsection 3(1) (definition of DPP)
219 Subsection 3(1)
proceeds of crime authority has the same meaning as in the Proceeds of Crime Act.
22 Subsection 134(1)
22 Crimes Legislation Amendment Act (No. 2) 2011
an-act-to-amend-various-acts-relating-to-the-enforcement-of-the.pdf, p.45
Notes to the Crimes Legislation Amendment Act (No. 2) 2011
22 Sept 2012
220 Subsections 34(1), (2) and (3) and 34A(1)
Omit 'The DPP', substitute 'The proceeds of crime authority'.
221 Subsection 34A(2)
222 Paragraph 34A(2)(a)
223 Subsection 34A(3)
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224 Paragraph 34B(2)(a)
225 Paragraph 34B(2)(b)
Omit 'DPP', substitute 'proceeds of crime authority authorised under section 34'
226 Subsection 34C(8)
227 Subsection 34C(9)
substitute 'That proceeds of crime authority'
228 Subsection 34G(1)
229 Subsection 34G(3)
23 Subsection 135(1)
230 Subsections 34J(1) and 34K(1)
231 Paragraph 34K(3)(b)
Omit 'DPP', substitute 'proceeds of crime authority authorised under section 34J'
232 Paragraph 34M(1)(b)
233 Paragraph 35(a)
Must give written notice of application for order under section 35 in respect of property
234 Subsection 35A(1)
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235 Paragraph 35A(1)(b)
236 Subsection 35A(2)
237 Section 35E
238 Subsection 35L(2)
Amendments of the Mutual Assistance in Criminal Matters Act 1987 apply to foreign requests and proceedings.
239 Application of amendments—the Mutual Assistance in
24 Paragraphs 152(1)(a) and (2)(a)
24 Crimes Legislation Amendment Act (No. 2) 2011
Omit 'the Director of Public Prosecutions' and substitute 'a proceeds of crime authority (or a responsible authority)'
240 Subsection 159(1)
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Repeal paragraphs of definition of forfeiture order provisions
241 Subsection 159(2) (paragraphs (a) and (b) of the
Application of amendments—the Trade Marks Act 1995
242 Application of amendments—the Trade Marks Act 1995
an-act-to-amend-various-acts-relating-to-the-enforcement-of-the.pdf, p.42
Insertion of phrase in subsection 131(1)
243 Subsection 131(1)
Court may reduce penalty amount in interest of justice
244 After subsection 131(1)
Replace 'The tax' with 'Tax covered by this section'
245 Subsection 131(2)
Application of amendments—taking tax into account in pecuniary penalty orders
246 Application of amendments—taking tax into account in
The amendments apply from the commencement date onwards
Describes the temporal interval of application
The amendments apply in relation to pecuniary penalty orders under that Act if the applications for the orders are made at or after the commencement of those items.
Classifies the amendment as a prohibition
The amendments create a trace from the commencement date onwards
Describes the temporal interval of application as a trace
an-act-to-amend-various-acts-relating-to-the-enforcement-of-the.pdf, p.43
Substitute 'property that constitutes part of a person's wealth' for 'the property of a person'
247 Paragraph 202(5)(ea)
Replaces 'the property of a person' with 'property that constitutes part of a person's wealth'
Substitute 'total wealth' for 'total value of the person's wealth'
248 Paragraph 202(5)(ea)
Application of amendments—property-tracking
249 Application of amendments—property-tracking
25 Subsection 162(1)
26 Paragraph 179B(1)(a)
26 Crimes Legislation Amendment Act (No. 2) 2011
26(2) Crimes Legislation Amendment Act (No. 2) 2011
Defines proceeds of crime authority for State and Territory authorities
26(3) Crimes Legislation Amendment Act (No. 2) 2011
The Commissioner and Director of Public Prosecutions occurred before the commencement of this section
Defines a temporal relationship between entities
The Commissioner and Director of Public Prosecutions are proceeds of crime authorities that occur before the commencement of this section
State or Territory proceeds of crime authorities are the entities defined
Defines a term with specific entities using cognitive artificial intelligence logic
Proceeds of crime authority is defined in this section
State or Territory proceeds of crime authorities are the entities defined by the class hierarchy
Defines a term with specific entities using a class hierarchy
Defines a term with specific entities using diffusion logic
Defines a temporal relationship between entities using linear logic
Defines proceeds of crime authority for a provision in relation to a class of proceeds of crime order or forfeiture application.
26(4) Crimes Legislation Amendment Act (No. 2) 2011
Relates to a class of proceeds of crime order or forfeiture application.
Defines the concept of proceeds of crime authority.
27 Section 179M
28 Subsection 179N(1)
28 Crimes Legislation Amendment Act (No. 2) 2011
29 Subsection 179P(1)
3 Section 3
3 Schedule(s)
an-act-to-amend-various-acts-relating-to-the-enforcement-of-the.pdf, p.10
3 After section 315A
30 Paragraph 307(4)(c)
30 Crimes Legislation Amendment Act (No. 2) 2011
Amendments to Proceeds of Crime Act 2002
31 Multiple amendments
315B Transfer of responsibility for principal orders and
Transfer of responsibility for principal orders with consent.
315B(1) Transfer of responsibility for principal orders and
...or to which responsibility is transferred under this section.
Transfer of responsibility overlaps with other proceedings.
Either authority may start and conduct proceedings under this Act.
...with the consent of the other proceeds of crime authority.
Transfer of responsibility implies consent from the other authority.
The proceeds of crime authority may transfer...
Transfer of responsibility recognizes the role of the transferee authority.
The proceeds of crime authority is the Commissioner of the Australian Federal Police, or the DPP.
The transferor authority may transfer...
...the transferor authority may transfer responsibility for...
Transfer of responsibility diffuses to the transferee authority.
The responsible authority is referred to in this Act as...
Transfer notice to be given to specified parties upon transfer of responsibility for principal orders.
315B(2) Transfer of responsibility for principal orders and
Reasonable steps to give notice to the person.
Notice of transfer is sufficient compliance with a requirement.
315B(3) Transfer of responsibility for principal orders and
Notice of transfer is sufficient compliance.
Transfer of responsibility for principal orders and
315B(4) Transfer of responsibility for principal orders and
(4) The transferee authority for an application for a *restraining order or a *forfeiture order is not required to give any notice of the transfer (other than to the court before which proceedings on the application are being heard):
an-act-to-amend-various-acts-relating-to-the-enforcement-of-the.pdf, p.17
32 Subsection 21(2)
32 Crimes Legislation Amendment Act (No. 2) 2011
33 Paragraph 24(2)(b)
34 Subsections 24A(3) and (4)
34 Crimes Legislation Amendment Act (No. 2) 2011
35 Subsections 26(1), (2), (4) and (5)
36 Subsections 30(2), (3) and (4)
36 Crimes Legislation Amendment Act (No. 2) 2011
37 Subsections 31(4), (5) and (6)
38 Paragraph 32(b)
38 Crimes Legislation Amendment Act (No. 2) 2011
39 Subsections 33(1) to (4)
Commencement of provisions in Schedule 2
4 Section 4
an-act-to-amend-various-acts-relating-to-the-enforcement-of-the.pdf, p.13
Defines principal order as a specific type of order.
4 Section 338
40 Subsections 36(1) and (2)
41 Paragraphs 39(2)(a) and (3A)(a)
42 Subsections 39(4A) and (4B)
Commencement information for provisions of the Act
42 Crimes Legislation Amendment Act (No. 2) 2011
43 Subsections 42(2) and (4)
44 Section 43
45 Paragraphs 44(1)(d) and (2)(d)
46 Paragraph 49(1)(e)
47 Subsections 61(1) and (2)
48 Paragraphs 62(1)(a) and (b)
49 Subsection 62(3)
Defines meaning of proceeds of crime authority
4C Meaning of proceeds of crime authority
5 December
5 June 2012
5 Section 5
Definition of proceeds of crime authority
5 Section 338
proceeds of crime authority means ComLaw Authoritative Act C2012C00859
5 Dec 2011
50 Section 63
51 Paragraph 67(1)(b)
52 Subsection 67(2)
53 Subparagraph 68(1)(b)(i)
Note: Subsection 75(1) is also amended by item 123 of this Schedule.
54 Subsections 75(1), (2) and (3)
55 Section 76
Note: Subsection 79(1) is also amended by item 124 of this Schedule.
56 Subsections 79(1), (2) and (3)
57 Section 79A
58 Paragraphs 81(1)(b) and (2)(b)
59 Subsection 82(1) (including the note)
6 December
6 Section 6
6 Crimes Legislation Amendment Act (No. 2) 2011
Defines responsible authority for proceeds of crime applications and orders.
6 Section 338
Defines the definition of proceeds of crime authority.
60 Subsection 82(2)
61 Paragraphs 84(1)(a) and (b)
62 Subsections 87(2) and (3)
63 Subsection 92A(2)
64 Subsection 93(4)
65 Subsections 94(3) to (6)
66 Subsections 94A(6) to (9)
67 Paragraph 95(a)
an-act-to-amend-various-acts-relating-to-the-enforcement-of-the.pdf, p.19
68 Subsection 97(2)
69 Subsections 104(4) to (7)
Amendments to specified provisions of the Proceeds of Crime Act 2002
7 Multiple amendments
70 Paragraphs 107(1)(c) and (2)(b)
71 Subsection 108(1) (including the note)
72 Subsection 108(2)
73 Paragraph 110(1)(b)
74 Subsection 113(3)
75 Subsections 133(1) and (4)
76 Subsections 136(1), (2) and (3)
77 Paragraphs 137(1)(a) and (b)
78 Subsection 137(3)
79 Paragraph 141(1)(b)
an-act-to-amend-various-acts-relating-to-the-enforcement-of-the.pdf, p.12
8 Crimes Legislation Amendment Act (No. 2) 2011
8 Paragraph 17(1)(c)
Transfer of responsibility for principal orders and applications
8(5) Crimes Legislation Amendment Act (No. 2) 2011
Transfer of responsibility for applications and orders
8(6) Crimes Legislation Amendment Act (No. 2) 2011
Transferee authority has obligation to perform functions and powers of transferor authority
Transferor authority's functions, powers and duties extinguished; transferee authority bound by transferor authority's actions.
8(7) Crimes Legislation Amendment Act (No. 2) 2011
Extinguishment of functions, powers and duties
Transferor authority's actions bind transferee authority
Transferor authority remains liable for damages or costs awarded against it.
8(8) Crimes Legislation Amendment Act (No. 2) 2011
...on and after the day of effect of the transfer for any damages or costs...
Transferor authority's liability overlaps with new authority
(8) However, the transferor authority continues...
...while it was the responsible authority in relation to the application or order and any related applications or proceedings.
Transferor authority's liability implies responsibility
...for any damages or costs that had been awarded against the authority, while it was the responsible authority...
Transferor authority classified as liable entity using AI
...while it was the responsible authority...
(8) However, the transferor authority...
Transferor authority's liability propagates to new authority
80 Subsection 141(4)
81 Paragraphs 146(1)(b) and (2)(b)
82 Subsection 146(2A)
83 Section 147 (including the note)
84 Section 149
85 Paragraph 149A(1)(b)
86 Subsections 161(1) and (5)
87 Subsections 163(1) and (2)
Imposes a duty on the state to pay proceeds of crime
88 Paragraphs 164(1)(a) and (b)
89 Subsection 164(3)
9 Paragraph 18(1)(c)
Commencement of item 213 of Schedule 2 to the Crimes Legislation Amendment Act (No. 2) 2011
9 Section 9
90 Paragraph 168(1)(b)
91 Subsection 168(4)
92 Paragraphs 173(1)(b) and (2)(b)
93 Section 174 (including the note)
94 Section 176
95 Subsection 178(2)
96 Subsection 179B(3)
97 Subsections 179CA(3), (4) and (5)
98 Section 179D
99 Subsection 179EA(2)
An Act to amend various Acts relating to the enforcement of the criminal law and proceeds of crime, and for related purposes
An Act to amend various Acts relating to the enforcement of the criminal law and proceeds of crime, and for related