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