crimes-legislation-amendment-unexplained-wealth-and-other-measures-act-2015.pdf, p.7
Undermine the profitability of criminal enterprises
1 After paragraph 5(d)
Prohibits undermining the profitability of criminal enterprises
crimes-legislation-amendment-unexplained-wealth-and-other-measures-act-2015.pdf, p.8
10 After subsection 45A(3)
Ceases to be in force if certain conditions are met
10(3A) After subsection 45A(3)
Appeals have expired or lapsed after a certain time
the time for an appeal against the refusal has expired without an appeal being lodged; an appeal against the refusal has lapsed; an appeal against the refusal has been dismissed and finally disposed of.
the restraining order was made at the same time as or after an application for an unexplained wealth order is made in relation to the suspect to whom the restraining order relates;
the court refuses to make either a preliminary unexplained wealth order in connection with the application for the unexplained wealth order; or the unexplained wealth order itself;
one of the following applies: the time for an appeal against the refusal has expired without an appeal being lodged; an appeal against the refusal has lapsed; an appeal against the refusal has been dismissed and finally disposed of.
Restraining order ceases to be in force under certain conditions.
10(3B) After subsection 45A(3)
the restraining order was made at the same time as or after an application for an unexplained wealth order is made
crimes-legislation-amendment-unexplained-wealth-and-other-measures-act-2015.pdf, p.9
Court may make costs order if restraining order ceases
11 Before subsection 45A(4)
crimes-legislation-amendment-unexplained-wealth-and-other-measures-act-2015.pdf, p.10
12 Subsection 45A(4)
Repeal heading and substitute with new text.
13 Section 179B (heading)
Must make an order instead of may make an order.
14 Subsection 179B(1)
15 Subsection 179B(2)
Paragraphs (1)(b) and (c) do not apply if a restraining order is in force or has been revoked.
15(1A) Subsection 179B(2)
Court may take into account affidavit and material provided by proceeds of crime authority
15(1B) Subsection 179B(2)
Affidavit of authorised officer stating suspicion and grounds
Application for unexplained wealth order must be supported by affidavit of authorised officer.
15(2) Subsection 179B(2)
Application must be supported by affidavit
crimes-legislation-amendment-unexplained-wealth-and-other-measures-act-2015.pdf, p.11
16 Before subsection 179B(3)
Court may refuse to make preliminary unexplained wealth order if no reasonable grounds exist.
17 At the end of section 179B
179B Making a preliminary unexplained wealth order requiring a
crimes-legislation-amendment-unexplained-wealth-and-other-measures-act-2015.pdf, p.13
179SA Charge on property subject to restraining order
Charge on property subject to restraining order
179SA(1) Charge on property subject to restraining order
Temporal interval for charge application
Charge ceases to have effect upon specified events or determinations.
179SA(2) Charge on property subject to restraining order
Prohibits the charge from having effect.
Charge on property subject to restraining order has priority over other encumbrances.
179SA(3) Charge on property subject to restraining order
(3) The charge: (a) is subject to every *encumbrance on the property (other than an encumbrance in which the person referred to in paragraph (1)(a) has an *interest) that came into existence before the charge and that would, apart from this subsection, have priority over the charge; and
Charge on property subject to restraining order during change of ownership.
(3) The charge: (a) is subject to every *encumbrance on the property (other than an encumbrance in which the person referred to in paragraph (1)(a) has an *interest) that came into existence before the charge and that would, apart from this subsection, have priority over the charge; and (b) has priority over all other encumbrances; and (c) subject to subsection (2), is not affected by any change of ownership of the property.
Charge on property subject to restraining order is not affected by change of ownership.
Priority between charge and security interest determined by this Act.
179SA(4) Charge on property subject to restraining order
This subsection is between the charge and the Personal Property Securities Act 2009.
(4) Subsection 73(2) of the Personal Property Securities Act 2009 applies to the charge (to the extent, if any, to which that Act applies in relation to the property charged).
Determines priority between charge and security interest.
Priority is determined by this subsection.
The priority between the charge and the security interest is ordered by this subsection.
A determination made under paragraph (2)(e) is not a legislative instrument.
179SA(5) Charge on property subject to restraining order
(5) A determination made under paragraph (2)(e)
crimes-legislation-amendment-unexplained-wealth-and-other-measures-act-2015.pdf, p.14
179SB Charges may be registered
Authority to register charge under other laws
179SB(1) Charges may be registered
A person who purchases or acquires an interest in property after the registration of a charge must have notice of the charge.
179SB(2) Charges may be registered
Registration of data in relation to personal property for the purposes of paragraph 148(c) of the Personal Property Securities Act 2009.
179SB(3) Charges may be registered
Data registration is a subclass of personal property registration.
18 Subsection 179E(1)
Court may consider information not included in application when making an order under subsection (1).
19 Subsection 179E(4)
Omit “may order”, substitute ‘must order’.
2 Subsection 20A(1)
crimes-legislation-amendment-unexplained-wealth-and-other-measures-act-2015.pdf, p.12
Court may refuse to make an order under subsection 179E(6) if person's unexplained wealth amount is less than $100,000 or not in public interest.
20 Subsection 179E(6)
Describes the conditions under which an order may be refused
Provide copies of application and affidavit to person
21 Paragraph 179N(2)(b)
Must provide copies of application and affidavit
22 After subsection 179N(2)
Court may extend deadline for actions by responsible authority.
22(2A) After subsection 179N(2)
Responsible authority applies for order before end of period
22(2B) After subsection 179N(2)
(2B) The period referred to in subsection (2) may be extended more than once.
The court may make a restraining order under section 20A in respect of the property if certain requirements are satisfied.
23 Subsection 179S(3)
Repeal section and substitute with new provision
24 Section 179SA
crimes-legislation-amendment-unexplained-wealth-and-other-measures-act-2015.pdf, p.15
25 Before subsection 179U(2)
26 At the end of section 179U
Must provide report with specific information to Committee
26(3) At the end of section 179U
Report must be given as soon as practicable after a report under section 67 of the Australian Federal Police Act 1979 is laid before a House of Parliament.
26(4) At the end of section 179U
The report must be given within a certain time frame after the report under section 67 of the Australian Federal Police Act 1979 is laid before a House of Parliament.
The report must be given as soon as practicable after a report under section 67 of the Australian Federal Police Act 1979 is laid before a House of Parliament.
The system recognizes the need for the report to be given as soon as practicable after reports under section 67 of the Australian Federal Police Act 1979 are laid before Houses of Parliament.
The report must be given as soon as practicable after the report under section 67 of the Australian Federal Police Act 1979 is laid before a House of Parliament.
Report under section 67 of the Australian Federal Police Act 1979 is laid before a House of Parliament.
The information in the report must be disseminated to relevant parties.
Information dissemination classification
The report must be given in a recurring pattern after reports under section 67 of the Australian Federal Police Act 1979 are laid before Houses of Parliament.
26(5) At the end of section 179U
crimes-legislation-amendment-unexplained-wealth-and-other-measures-act-2015.pdf, p.16
Duty to seize relevant items during search
27 After paragraph 227(1)(h)
28 After paragraph 228(1)(d)
Imposes a duty on the state to seize relevant items
29 Subparagraph 256(1)(b)(ii)
3 Subsections 20A(3A) to (3C)
Add a thing relevant to unexplained wealth proceedings
30 At the end of paragraph 256(1)(b)
Authority to engage in proceedings under corresponding law
31 Subsection 266A(2) (after table item 2A)
State or self-governing Territory has a function under corresponding law
crimes-legislation-amendment-unexplained-wealth-and-other-measures-act-2015.pdf, p.17
32 Subsection 304(2)
Defines 'thing relevant to unexplained wealth proceedings'
33 Section 338
Section 20A of the Proceeds of Crime Act 2002 applies in relation to a restraining order applied for under that section on or after the commencement of this item.
34 Application of amendments
Section 20A applies in relation to a restraining order.
Omit words from and including 'if' to and including 'the order'
4 Subsection 20A(4)
Substitute 'this section' for 'subsection (1)'
5 Subsection 20A(4A)
6 Subsection 20A(5)
Restraining order does not cease to be in force until the charge ceases to have effect.
7 After subsection 45(6)
Restraining order and charge have overlapping temporal intervals.
Restraining order and charge overlap in time.
Restraining order can be deduced from the charge.
Restraining order is inferred from the charge.
Restraining order does not cease to be in force.
Restraining order continues if charge remains in effect.
Restraining order spreads to other properties.
Restraining order diffuses to other properties if charge remains in effect.
Restraining order repeats with the same temporal interval as the charge.
Restraining order repeats if charge remains in effect.
Ceases restraining order if no application for unexplained wealth order is made within 28 days.
8 Subsection 45A(1)
Restraining order ceases to be in force.
No application for unexplained wealth order is made within 28 days.
Court refusal of preliminary unexplained wealth order or the order itself.
9 Paragraph 45A(2)(c)
crimes-legislation-amendment-unexplained-wealth-and-other-measures-act-2015.pdf, p.20
Omit “*terrorism”, substitute “*serious”.
1 Subparagraph 54(a)(i)
Omit 'paragraph 51(xx)', substitute 'paragraph 51(v)'
2 Section 338 (subparagraph (b)(ii) of the definition of
crimes-legislation-amendment-unexplained-wealth-and-other-measures-act-2015.pdf, p.5
Cites this Act as the Crimes Legislation Amendment (Unexplained Wealth and Other Measures) Act 2015.
1 Short title
crimes-legislation-amendment-unexplained-wealth-and-other-measures-act-2015.pdf, p.6
Commences on the day after receiving Royal Assent.
2 Commencement
3 Schedule(s)
An Act to amend legislation relating to the criminal law, and for related purposes
Crimes Legislation Amendment (Unexplained Wealth and Other Measures) Act 2015