crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.8
Definition of director in relation to a company.
1 Subsection 400.1(1) of the Criminal Code
Classifies director into a specific category
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.17
10 Section 400.3 (heading)
Insert Tier 1 offences before subsection 400.3(1) of the Criminal Code
11 Before subsection 400.3(1) of the Criminal Code
Omit 'proceeds of crime', substitute 'proceeds of indictable crime'.
12 Subparagraph 400.3(1)(b)(i) of the Criminal Code
Engaging in conduct with proceeds of general crime is an offence.
13 After subsection 400.3(1) of the Criminal Code
Prohibits conduct with proceeds of general crime.
The Criminal Code defines an offence as engaging in conduct with proceeds of general crime.
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.19
Insert Tier 2 offences before subsection 400.3(2) of the Criminal Code
14 Before subsection 400.3(2) of the Criminal Code
15 Subparagraph 400.3(2)(b)(i) of the Criminal Code
16 Paragraph 400.3(2)(c) of the Criminal Code
Money laundering is prohibited if conduct conceals or disguises proceeds of general crime.
17 After subsection 400.3(2) of the Criminal Code
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.20
Insert Tier 3 offences before subsection 400.3(3) of the Criminal Code
18 Before subsection 400.3(3) of the Criminal Code
19 Subparagraph 400.3(3)(b)(i) of the Criminal Code
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.9
2 Subsection 400.1(1) of the Criminal Code (definition of
Omit ‘proceeds of crime’, substitute ‘proceeds of indictable crime’.
20 Paragraph 400.3(3)(c) of the Criminal Code
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.21
21 After subsection 400.3(3) of the Criminal Code
21(3A) After subsection 400.3(3) of the Criminal Code
The conduct occurs within a specific temporal interval.
Defines temporal interval for conduct with proceeds of general crime.
(e) when the conduct occurs, the value of the money and other property is $1,000,000 or more.
(a) the person engages in conduct in relation to money or other property; and (b) the money or property is proceeds of general crime;
The person has a duty to disclose the nature of the money or property.
Requires person to be negligent about nature of money or property.
(c) the person is negligent as to the fact that the money or property is proceeds of general crime;
The person has permission to engage in conduct with proceeds of general crime if the value exceeds $1,000,000.
Allows person to engage in conduct with proceeds of general crime if value exceeds $1,000,000.
Requires person to disclose nature of money or property.
(d) the conduct concealed or disguised any or all of the following: (i) the nature of the money or property;
Engaging in conduct with proceeds of general crime on multiple occasions is an offence.
21(3B) After subsection 400.3(3) of the Criminal Code
Obligation to not engage in conduct with proceeds of general crime.
(a) on 2 or more occasions, the person engages in conduct in relation to money or other property;
The conduct concealed or disguised any or all of...
Obligation to be aware of the nature of proceeds of general crime.
(c) for each occasion, the person is negligent as to the fact that the money or property is proceeds of general crime;
Obligation to not conceal or disguise the source of proceeds of general crime.
(d) for each occasion, the conduct concealed or disguised any or all of...
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.22
22 Before subsection 400.3(4) of the Criminal Code
Omit specific subsections from the Criminal Code
23 Subsection 400.3(4) of the Criminal Code
24 Section 400.4 (heading)
Insert Tier 1 offences before subsection 400.4(1) of the Criminal Code
25 Before subsection 400.4(1) of the Criminal Code
26 Subparagraph 400.4(1)(b)(i) of the Criminal Code
27 After subsection 400.4(1) of the Criminal Code
27(1A) After subsection 400.4(1) of the Criminal Code
The conduct must occur within 6 months of the value exceeding $100,000.
Requires conduct to occur within a specific time frame
(d) when the conduct occurs, the value of the money and other property is $100,000 or more.
The conduct implies a moral or ethical argument about the nature of money laundering.
Implicates a moral or ethical argument about money laundering conduct
(a) the person engages in conduct in relation to money or other property; and (b) the money or property is, and the person believes it to be, proceeds of general crime;
The diffusion of responsibility for money laundering conduct is unclear.
Diffuses responsibility for money laundering conduct
The person must engage in recurring conduct to commit an offence.
Engaging in conduct to conceal or disguise proceeds of general crime on multiple occasions is an offence.
27(1B) After subsection 400.4(1) of the Criminal Code
The conduct occurs on multiple occasions.
Establishes a temporal relation between occasions of conduct
(a) on 2 or more occasions, the person engages in conduct...
The conduct is represented as an offence.
Represents knowledge about conduct and its classification
Establishes a recurring trace of conduct
Validates schema for classification of conduct
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.24
Insert Tier 2 offences before subsection 400.4(2) of the Criminal Code
28 Before subsection 400.4(2) of the Criminal Code
29 Subparagraph 400.4(2)(b)(i) of the Criminal Code
Defines 'proceeds of general crime' and 'proceeds of indictable crime'
3 Subsection 400.1(1) of the Criminal Code
30 Paragraph 400.4(2)(c) of the Criminal Code
31 After subsection 400.4(2) of the Criminal Code
31(2A) After subsection 400.4(2) of the Criminal Code
31(2B) After subsection 400.4(2) of the Criminal Code
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.25
32 Before subsection 400.4(3) of the Criminal Code
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.26
33 Subparagraph 400.4(3)(b)(i) of the Criminal Code
34 Paragraph 400.4(3)(c) of the Criminal Code
35 After subsection 400.4(3) of the Criminal Code
35(3A) After subsection 400.4(3) of the Criminal Code
The person must not engage in conduct with proceeds of general crime.
Imposes a duty to not engage in conduct with proceeds of general crime.
(e) when the conduct occurs, the value of the money and other property is $100,000 or more.
The person must not engage in conduct with proceeds of general crime if...
Prohibits engaging in conduct with proceeds of general crime if the value is $100,000 or more.
Implies that engaging in conduct with proceeds of general crime leads to an offence.
Money laundering offence requires concealment of property values and sources.
35(3B) After subsection 400.4(3) of the Criminal Code
The conduct occurs before the property values are known.
Requires temporal relation between conduct and property values
(e) the sum of the values of the money and other property...
The person has an obligation to conceal the property values and sources.
Imposes obligation to conceal property values and sources
(c) for each occasion, the person is negligent as to the fact that...
The conduct recurs on multiple occasions.
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.27
Absolute liability inserted before subsection 400.4(4) of the Criminal Code
36 Before subsection 400.4(4) of the Criminal Code
Insertion of absolute liability provision
Provision inserted before subsection 400.4(4)
37 Subsection 400.4(4) of the Criminal Code
38 Section 400.5 (heading)
39 Subparagraph 400.5(1)(b)(i) of the Criminal Code
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.10
4 Paragraph 400.1(3)(b) of the Criminal Code
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.28
40 Subparagraph 400.5(2)(b)(i) of the Criminal Code
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.11
400 Section 400
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.12
Dealing with money or property valued at $10,000,000 or more is prohibited.
400(1) Section 400
The provision imposes a prohibition on dealing with money or property valued at $10,000,000 or more.
Money laundering is prohibited if conduct conceals or disguises certain information about money or property.
400(2) Section 400
Engaging in conduct with proceeds of general crime on multiple occasions exceeds $10,000,000 value threshold.
400(3) Section 400
(3) A person commits an offence if: (a) on 2 or more occasions, the person engages in conduct in relation to money or other property; and
Imposes obligation to not engage in conduct with proceeds of general crime.
Implies imprisonment for life if conduct exceeds $10,000,000 value threshold.
Dealing with money or property that are proceeds of indictable crime is an offence.
400(4) Section 400
Defines a temporal interval during which the offence occurs.
(4) A person commits an offence if: (a) the person deals with money or other property; and (b) either: (i) the money or property is proceeds of indictable crime;
Prohibits dealing with money or property that are proceeds of indictable crime.
(a) the person deals with money or other property; and (b) either: (i) the money or property is proceeds of indictable crime;
Requires recklessness about the fact that money or property are proceeds of indictable crime.
(c) the person is reckless as to the fact that the money or property is proceeds of indictable crime;
Defines a diffusion of persons who commit an offence.
Defines a recurring trace of persons who commit an offence.
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.32
Recklessness is a fault element in relation to certain provisions of this Part.
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.35
Prove that money or property is proceeds of general crime if part of a controlled operation.
Person may have effective control of money or property without a legal or equitable estate or interest.
Temporal overlap between 'effective control' and 'legal or equitable estate or interest'
(a) a legal or equitable estate or interest in the money or property.
Granting capability to 'person' for 'effective control'
(a) a legal or equitable estate or interest in the money or property; or (b) a right, power or privilege in connection with the money or property.
Diffusing 'effective control' to 'person'
Universal quantification over 'person' and 'effective control'
Person with effective control of money or property for ultimate benefit
The control occurs during the trust period.
(2) For the purposes of this Division, if money or other property is held on trust for the ultimate benefit of a person
The person is taken to have effective control of the money or property.
Person has effective control of money or property
The control spreads during the trust period.
The control is traceable to the trust period.
Regard may be had to shareholdings, debentures, directorships, trusts, family relationships, domestic relationships, and business relationships when determining effective control of money or property.
Defines family relationships for the purpose of this section.
More than one person may have effective control of money or other property.
400(5) Section 400
41 Paragraph 400.5(2)(c) of the Criminal Code
42 Subparagraph 400.5(3)(b)(i) of the Criminal Code
43 Paragraph 400.5(3)(c) of the Criminal Code
44 Section 400.6 (heading)
45 Subparagraph 400.6(1)(b)(i) of the Criminal Code
46 Subparagraph 400.6(2)(b)(i) of the Criminal Code
47 Paragraph 400.6(2)(c) of the Criminal Code
48 Subparagraph 400.6(3)(b)(i) of the Criminal Code
49 Paragraph 400.6(3)(c) of the Criminal Code
Substitute “(1) For the purposes of this Division, a person”.
5 Section 400.2 of the Criminal Code
Substitute 'Proceeds of crime' for 'Dealing in proceeds of crime'
50 Section 400.7 (heading)
51 Subparagraph 400.7(1)(b)(i) of the Criminal Code
52 Subparagraph 400.7(2)(b)(i) of the Criminal Code
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.29
53 Paragraph 400.7(2)(c) of the Criminal Code
54 Subparagraph 400.7(3)(b)(i) of the Criminal Code
55 Paragraph 400.7(3)(c) of the Criminal Code
56 Section 400.8 (heading)
57 Subparagraph 400.8(1)(b)(i) of the Criminal Code
58 Subparagraph 400.8(2)(b)(i) of the Criminal Code
59 Paragraph 400.8(2)(c) of the Criminal Code
6 At the end of section 400.2 of the Criminal Code
Dealing with money or property is attributed to the first person if they are reckless about its consequences.
6(2) At the end of section 400.2 of the Criminal Code
Recklessness implies attribution of dealing
It is immaterial whether the identity of the other person can be established.
6(3) At the end of section 400.2 of the Criminal Code
Conduct substantially contributes to another person dealing with money or property.
6(4) At the end of section 400.2 of the Criminal Code
the conduct substantially contributes to another person dealing with money or property.
It is immaterial whether the identity of the other person can be established for the purposes of subsection (4).
6(5) At the end of section 400.2 of the Criminal Code
60 Subparagraph 400.8(3)(b)(i) of the Criminal Code
61 Paragraph 400.8(3)(c) of the Criminal Code
Dealing with proceeds of indictable crime over $10,000,000 is an offence.
62 Before subsection 400.9(1) of the Criminal Code
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.30
63 Paragraph 400.9(1)(b) of the Criminal Code
64 Paragraph 400.9(1A)(b) of the Criminal Code
Modify definition of 'proceeds of indictable crime'
65 Subsection 400.9(2) of the Criminal Code
Omit specified phrase from Criminal Code
66 Paragraph 400.9(2)(a) of the Criminal Code
Insertion of new subsections in the Criminal Code
67 Subsection 400.9(4) of the Criminal Code
68 Subsection 400.10(1) of the Criminal Code
Insertion of a clause after section 400.9
69 Subsection 400.10(1) of the Criminal Code
Inserts Schedule 1 and general amendments to the Criminal Code
7 After section 400.2 of the Criminal Code
70 After paragraph 400.10(1)(a) of the Criminal Code
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.31
Omit 'proceeds of crime' and substitute with 'proceeds of indictable crime'.
71 Subsection 400.10(1) of the Criminal Code (example)
Substitute with 'proceeds of indictable crime'
A person is not criminally responsible for an offence against a proceeds of general crime offence provision if they had a mistaken but reasonable belief about the value of money or property.
72 After subsection 400.10(1) of the Criminal Code
The belief must have occurred during the period of conduct
The person had that belief throughout that period
The person is not criminally responsible for an offence against a proceeds of general crime offence provision.
Obligation to not be criminally responsible
The person had a mistaken but reasonable belief about the value of money or property.
A defendant bears an evidential burden in relation to the matter in subsection (1A)
A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3))
The provision is part of the Criminal Code
After subsection 400.10(1) of the Criminal Code
The person's conduct would have constituted another offence if the value was what they believed it to be
Had the value been what the person believed it to be, the person’s conduct would have constituted another offence against this Division
Add: whether an offence is a foreign offence.
73 At the end of section 400.11 of the Criminal Code
Insertion of clause after 'this Division'
74 Subsection 400.12(1)
Repeal subsection and substitute with new provision
75 Subsection 400.13(1) of the Criminal Code
Insert clause after section 400.14 of the Criminal Code
76 After section 400.14 of the Criminal Code
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.33
Insertion of exception for proceeds of general crime offence provision
77 Paragraph 400.15(1)(b) of the Criminal Code
78 Subparagraph 400.15(1)(b)(i) of the Criminal Code
Prohibition on committing an offence against a proceeds of general crime offence provision outside Australia
79 After paragraph 400.15(1)(b) of the Criminal Code
Offence against proceeds of general crime offence provision
Insertion of new section number in Schedule 1
8 Subsection 400.2A(1) of the Criminal Code
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.34
80 Application of amendments
81 Section 400.10A of the Criminal Code (at the end of the
82 Subsection 400.10A(1) of the Criminal Code
Insertion of a clause after section 400.8
83 Subsection 400.10A(1) of the Criminal Code
Substitute 'proceeds of indictable crime' for 'proceeds of crime'
84 Subsection 400.10A(1) of the Criminal Code
Insert clause after section 400.10A of the Criminal Code
85 After section 400.10A of the Criminal Code)
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.36
86 Application of amendments
Insert clause after section 400.2A of the Criminal Code
9 After section 400.2A of the Criminal Code
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.37
1 Subsection 23B(1)
Exclusion of certain members from covert investigations
2 Subsection 23B(1) (paragraph (a) of the definition of
Excluding individuals from covert investigations
Prohibits a member of the police force from engaging in covert investigations under the orders of a superior.
3 Subsection 23B(1) (paragraph (b) of the definition of
Addition to definition of investigating official
4 Subsection 23B(1) (at the end of paragraph (c) of the
Adding a condition to an existing definition
Replace 'investigating official' with 'designated official'
5 Paragraph 23B(4)(a)
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.38
6 Subsection 23V(3)
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.39
Repeal section and substitute with new content.
1 Section 57
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.48
10 Paragraph 202(5)(f)
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.42
Court may make orders relating to buying back forfeited property.
103 Court may make orders relating to buying back forfeited
Court has an obligation to make orders relating to buying back forfeited property.
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.44
104A Applying for an order under section 103
A person may apply to the court for an order under section 103.
104A(1) Applying for an order under section 103
Cannot apply under subsection (1) of section 104A unless court gives leave.
104A(2) Applying for an order under section 103
Court may grant leave to apply for order under section 103
104A(3) Applying for an order under section 103
Court cannot hear application under subsection (1) if Official Trustee has taken action in relation to property under section 100.
104A(4) Applying for an order under section 103
Application and Official Trustee's action overlap in time
Official Trustee has taken action in relation to property under section 100
Court cannot make an order in relation to interest under section 103
It would not be practicable for the court to make an order in relation to the interest under section 103
Application and Official Trustee's action have a common temporal interval
Written notice to responsible authority is required for application and grounds.
104A(5) Applying for an order under section 103
Responsible authority may appear and adduce evidence at the hearing of the application.
104A(6) Applying for an order under section 103
Authority may represent Commonwealth in proceedings.
104A(7) Applying for an order under section 103
grounds on which it proposes to contest the application
Notice of grounds for contesting application
104A(8) Applying for an order under section 103
The responsible authority must give the applicant notice...
11 At the end of section 202
Eligible living expenses of a person and their dependants
11(10) At the end of section 202
Debt incurred in good faith is considered eligible.
11(11) At the end of section 202
It is immaterial whether the loan was made before or after the application.
11(7) At the end of section 202
11(8) At the end of section 202
Defines loan and borrow for purposes of section 202
11(9) At the end of section 202
loan includes anything that may reasonably be regarded as equivalent to a loan
(9) For the purposes of this section, loan includes anything that may reasonably be regarded as equivalent to a loan
(9) For the purposes of this section, loan includes anything that may reasonably be regarded as equivalent to a loan, and borrow has a corresponding meaning
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.49
Substitute specific examination orders in a definition.
12 Section 338 (definition of examination order)
Offences against certain sections related to examination orders under sections 181A and 181B are prohibited.
13 Section 338 (before paragraph (h) of the definition of
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.50
Continuation of Proceeds of Crime Act 2002 despite amendment
14 Transitional—section 57 of the Proceeds of Crime Act
Continues to apply certain provisions of the Proceeds of Crime Act 2002 despite amendments.
15 Transitional—sections 103 and 104 of the Proceeds of
Proceeds of Crime Act 2002 continues to apply
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.46
181A Examination orders relating to applications under section 57A
Court may make examination order for person related to forfeiture order
181A(1) Examination orders relating to applications under section 57A
Ceases to have effect under certain conditions
181A(2) Examination orders relating to applications under section 57A
(2) The *examination order ceases to have effect when...
181B Examination orders relating to applications under
Court may make examination order for person related to application
181B(1) Examination orders relating to applications under
181B(2) Examination orders relating to applications under
2 Section 103
3 Section 104 (heading)
4 Subsection 104(1)
5 After section 104
Court must make orders relating to buying back forfeited property under certain conditions.
57 Court may make orders relating to buying back forfeited
The court BETWEEN making orders relating to buying back forfeited property and the date of the forfeiture order.
Court must make orders relating to buying back forfeited property between certain dates.
The person had the interest immediately before the forfeiture order was made.
The court MUST make orders relating to buying back forfeited property.
Court must make orders relating to buying back forfeited property.
The court is satisfied that the person had the interest immediately before the forfeiture order was made.
The court MAY make orders relating to buying back forfeited property.
Court may make orders relating to buying back forfeited property under certain conditions.
The court ~ making orders relating to buying back forfeited property.
Court must make orders relating to buying back forfeited property if the person had the interest immediately before the forfeiture order was made.
The court ⇒ making orders relating to buying back forfeited property.
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.41
57A Applying for an order under section 57
57A(1) Applying for an order under section 57
A person may apply to the court for an order under section 57 after the forfeiture order is made.
57A(2) Applying for an order under section 57
Cannot apply under subsection (2) if notified of application for forfeiture order but did not make an application before forfeiture order was made.
57A(3) Applying for an order under section 57
Prohibition on applying under subsection (2)
Notified of application for forfeiture order but did not make an application before forfeiture order was made.
Court may give leave to apply under subsection (2)
57A(4) Applying for an order under section 57
6 After section 181
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.47
7 At the end of subsection 187(4)
8 Paragraph 187(5)(b)
Person must be able to repay loan and meet expenses
9 After paragraph 202(5)(eb)
The loan repayment must occur after the application
Loan repayment must occur after application
Person has made an application under section 57A for an order under section 57 in relation to an interest in property
The person will be able to repay the loan
The person will be able to meet the person's eligible living expenses
The person will be able to meet any eligible debts of the person
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.51
Definition of financial advantage includes financial advantage.
1 Section 338
financial advantage is included in the definition of advantage.
The definition of financial advantage is related to the concept of financial advantage.
See also the definition of financial advantage.
2 Section 338 (at the end of the definition of benefit)
Defines financial advantage as avoiding, deferring or reducing a debt, loss or liability.
3 Section 338
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.52
Applicability of amendments made by this Schedule
4 Application
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.53
1 Section 53
2 After section 68
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.54
3 After section 98
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.55
4 Subsection 314(2)
Jurisdiction of courts not excluded by location outside Australia
5 At the end of section 314
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.56
Application of amendments made by this Schedule to property acquired before, at or after commencement.
6 Application
68A Third exception—property located outside Australia
Commonwealth's equitable interest in property located outside Australia vests in equity.
68A(1) Third exception—property located outside Australia
No dealing for the purposes of subsection 69(1) if action by responsible authority under paragraph (1)(c)(i)
68A(2) Third exception—property located outside Australia
Despite section 66 and subsection (1) of this section, if property specified in a *forfeiture order is property located outside *Australia;
68A(3) Third exception—property located outside Australia
98A Third exception—property located outside Australia
Commonwealth's equitable interest in property located outside Australia must be protected and enforced.
98A(1) Third exception—property located outside Australia
Commonwealth has an obligation to protect its equitable interest in property.
No action by the responsible authority is a dealing for subsection 99(1).
98A(2) Third exception—property located outside Australia
Property vests in a person under the law of the place where it is located.
98A(3) Third exception—property located outside Australia
Temporal relation between property location and vesting
Equitable interest vested in the Commonwealth is unaffected by subsection (3)
98A(4) Third exception—property located outside Australia
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.57
1 Section 195 (penalty)
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.59
Enabling or assisting the International Criminal Court to perform its functions
10 Subsection 266A(2) (at the end of the table)
11 At the end of subsection 266A(2)
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.60
No duty to disclose information, but allows disclosure for certain purposes.
12 After subsection 266A(2)
Allows disclosure under specified conditions.
Insert proceedings for an offence against Part 3-1.
13 After paragraph 266A(4)(e)
No application of subsection (5) in proceedings for an offence against
14 After subsection 266A(6)
15 Paragraph 271(2)(b)
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.61
16 Paragraph 271(2)(c)
Omit proceedings under certain sections of the Criminal Code
17 Subsection 271(2)
Prohibits proceedings under certain sections
Definitions for International Criminal Court, Mutual Assistance Department, and International War Crimes Tribunal.
18 Section 338
Offence against section 195, 196 or 197A related to examination of person under section 180
19 Section 338 (after paragraph (g) of the definition of
2 Subsection 196(1) (penalty)
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.63
Amendments of section 266A apply in relation to information obtained before or after commencement.
20 Application—section 266A of the Proceeds of Crime Act
3 Section 197A (penalty)
Add: or (f) in proceedings for an offence against this Part.
4 At the end of section 198
5 Subsection 211(1) (penalty)
6 Subsection 218(1) (penalty)
Insertion of 'or someone else' after specific phrase.
7 Subparagraph 266A(1)(a)(ii)
Exercise of a power or performance of a function under Division 2 of Part 4-1 is added to paragraph 266A(1)(a)
8 At the end of paragraph 266A(1)(a)
9 Subsection 266A(2) (after table item 2C)
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.64
Transfer of assets from Confiscated Assets Account to COAG Reform Fund
1 Subsection 5(2) (after note 5)
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.66
Replace 'Minister' with '*Official Trustee'
10 Subsection 88(2)
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.68
Official Trustee may take custody and control of forfeited property.
101A Official Trustee may take custody and control of forfeited
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.69
Buyer must give written notice to other persons with interests in the property before purchasing their interest.
106 Buying out other interests in forfeited property
Buyer must give notice to other persons with interests in the property
Relevant Person gives written notice within 21 days after forfeiture
Interest in the property is required to be transferred to a person under section 105 or a direction under subparagraph 102(d)(i)
Buyer may purchase interest from the Commonwealth
Property is forfeited to the Commonwealth under section 92
Buyer may not purchase interest from the Commonwealth without objection
Buyer must lodge written objection within 21 days after receiving notice
Relevant Person gives written notice to other persons with interests in the property
Buyer must give written notice to other persons with interests in the property before purchasing their interest
Omit 'Minister' (second occurring) and substitute 'Official Trustee'.
11 Subsection 88(2)
Omit 'Minister', substitute '*Official Trustee'.
12 Paragraph 89(1)(d)
Repeal section and substitute with new provision
13 Section 90
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.67
Exercise of powers or performance of duties by Official Trustee not prevented or limited
14 At the end of section 99
Exercise of powers or performance of duties not prevented or limited
Substitution of authorization in subsection 99(1)
15 Subsection 100(1)
substitute ‘If subsection 99(1) authorises’
Omit ‘If subsection 99(1) no longer prevents’
Substitute ‘If subsection 99(1) authorises’
Apply GST entity's liability to pay GST in connection with disposal
16 After paragraph 100(1)(b)
Imposes obligation on the state to pay GST in connection with disposal
17 After Division 2 of Part 2-3
18 Subsection 105(1)
19 Section 106
Grant is not covered by section 298F of the Proceeds of Crime Act 2002.
2 At the end of subsection 7(1)
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.70
20 Subsection 114(1)
Omit 'Minister', substitute 'Official Trustee'.
21 Paragraph 114(1)(d)
22 Subsection 114(2)
Replace 'Minister' with 'Official Trustee'
23 Subsection 114(2)
24 After section 267
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.72
Insertion of additional actions after 'require the person'
25 Subsection 270(1)
Provide information and evidence to the Official Trustee within a specified period.
26 Paragraphs 270(1)(a) and (b)
267AA Additional property to which the Official Trustee’s powers
Exercise powers in relation to specified property types
267AA(1) Additional property to which the Official Trustee’s powers
Defines controlled property for Division 2 purposes.
267AA(2) Additional property to which the Official Trustee’s powers
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.71
267AB Additional property to which the Official Trustee’s powers
Official Trustee's powers and duties in relation to forfeited property
267AB(1) Additional property to which the Official Trustee’s powers
Describes temporal relation to forfeited property
(a) property that is the subject of a *forfeiture order; or (b) property forfeited under section 92; or (c) property that is subject to a direction under section 282 or 282A.
Describes application of Official Trustee's powers and duties
Describes diffusion of Official Trustee's powers and duties
Describes recurring relation to forfeited property
267AB(2) Additional property to which the Official Trustee’s powers
...ending at the later of the times set out in subsection 69(1); or (b) during the period mentioned in section 86.
Temporal interval for exercising powers and performing duties
(a) during the period: (i) beginning when the forfeiture order was made...
...the powers conferred on the *Official Trustee under Division 3 may be exercised...
(2) If property is the subject of a *forfeiture order...
...the duties imposed on the Official Trustee under Division 3 are to be performed...
Temporal interval for exercising powers and performing duties (LTL)
Official Trustee's powers and duties may be exercised in relation to forfeited property.
267AB(3) Additional property to which the Official Trustee’s powers
Official Trustee's powers and duties may be exercised.
Exercise powers and perform duties in relation to property during appeal period.
267AB(4) Additional property to which the Official Trustee’s powers
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.73
27 Subsection 270(2)
May require evidence to be given on oath or affirmation
27(2) Subsection 270(2)
An oath or affirmation may be administered in a specific way when giving evidence by video link.
27(3) Subsection 270(2)
Oath or affirmation must be administered in a specific way.
Excerpt describes a class of procedures for administering oaths and affirmations.
An oath or affirmation may be administered by the Official Trustee.
27(4) Subsection 270(2)
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.75
275A Failure to produce a book
Prohibition of refusing to produce a book upon notice
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.74
28 Section 275
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.77
Official Trustee does not acquire additional proprietary interests in controlled property when exercising powers or performing duties.
281A Official Trustee does not acquire any additional proprietary
29 Subparagraph 275(b)(ii)
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.80
298A Grants to the States and Territories for crime prevention etc.
Grant of financial assistance to States and Territories for specified purposes.
298A(1) Grants to the States and Territories for crime prevention etc.
Grant of reimbursement or partial reimbursement of costs or expenses
298A(2) Grants to the States and Territories for crime prevention etc.
298A(3) Grants to the States and Territories for crime prevention etc.
298B Terms and conditions of grants
298B(1) Terms and conditions of grants
Section applies to a grant of financial assistance
Written agreement required for financial assistance grants
298B(2) Terms and conditions of grants
298B(3) Terms and conditions of grants
Grant recipient must repay amounts to the Commonwealth under specified circumstances.
298B(4) Terms and conditions of grants
Minister must enter into agreement on behalf of Commonwealth.
298B(5) Terms and conditions of grants
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.81
298C Minister has powers etc. of the Commonwealth
The Minister has all the rights, responsibilities, duties and powers of the Commonwealth.
298C(1) Minister has powers etc. of the Commonwealth
The Minister has rights, responsibilities, duties and powers.
The Minister has powers to pay and institute actions on behalf of the Commonwealth.
298C(2) Minister has powers etc. of the Commonwealth
The Minister may institute an action during the period of the section 298A grant.
Minister has a power to act on behalf of the Commonwealth.
The Minister has a power to act on behalf of the Commonwealth.
The Minister must pay a section 298A grant on behalf of the Commonwealth.
Section 298A grant is payable by the Minister.
The Minister must institute an action or proceeding on behalf of the Commonwealth.
Minister has power to institute actions.
Instituting an action is a recurring trace.
The Minister may exercise a power conferred on the Minister by an agreement under section 298B.
298D Conferral of powers on the Minister
298E Channelling State/Territory grants through the COAG
Minister must direct grant of financial assistance to be debited from Confiscated Assets Account and credited to COAG Reform Fund.
298E(1) Channelling State/Territory grants through the COAG
Minister has a duty to direct grant of financial assistance.
Grant direction must be expressed to enable debiting from COAG Reform Fund.
298E(2) Channelling State/Territory grants through the COAG
Expressed direction is necessary for grant
Two or more directions under subsection (1) may be set out in the same document.
298E(3) Channelling State/Territory grants through the COAG
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.82
Ensure COAG Reform Fund is debited for grant purposes.
298F Debits from the COAG Reform Fund
Note on channelling grants payments through the COAG Reform Fund
3 At the end of subsection 7(3)
30 Subparagraph 275(b)(iii)
31 At the end of section 275
Refusal to provide evidence under notice may result in imprisonment or penalty units.
31(2) At the end of section 275
Prohibits refusal to provide evidence under notice.
Refusal to provide evidence under notice
31(3) At the end of section 275
Imprisonment for 6 months or 30 penalty units, or both.
Temporal overlap between notice and refusal to provide evidence
Prohibition of refusal to provide evidence
Obligation to provide evidence under notice
Permission to refuse evidence under certain circumstances
Recurring refusal to provide evidence under notice
32 At the end of Division 2 of Part 4-1
Insertion of 'written' before 'agreement'
33 Paragraph 278(2)(a)
Obligation to insert 'written' before 'agreement'
34 Section 279 (at the end of the heading)
Specify persons who may have an interest in forfeited property
35 Paragraphs 279(1)(a) and (b)
immediately before the forfeiture order was made
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.76
36 At the end of section 279
No written notice required for disposal of controlled property
36(5) At the end of section 279
Exemption from written notice requirement
Official Trustee must give person written notice of disposal of property after agreed disposal.
36(6) At the end of section 279
37 Section 281
Property covered by a restraining order or forfeiture order is taken to be so.
38 Paragraphs 281(a) and (b)
Proceeds of an offence or instrument of that offence continue to be proceeds of that offence.
39 At the end of section 281
Omit certain words related to property subject to restraining orders.
4 Paragraph 9(a)
40 At the end of Division 3 of Part 4-1
41 At the end of section 285
42 Paragraph 288(1)(a)
Prohibits omitting 'or under' and substituting ', under'.
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.78
Insertion of section references after Mutual Assistance Act
43 Paragraph 288(1)(a)
See also section 267AB for extension of controlled property meaning.
44 At the end of subsection 289(1)
Omit specific text from subsection 289(2)
45 Subsection 289(2)
46 At the end of subsection 290(1)
47 After paragraph 296(1)(a)
Substitute section 90(1)(f) for section 90(f)
48 Paragraph 296(3)(b)
Substitute provision in section 106(1)(f)
49 Paragraph 296(3)(d)
No effect on Official Trustee's powers and duties
5 At the end of section 69
Official Trustee exempt from Division 3 of Part 4-1
Transferring amounts to COAG Reform Fund for grants to States and Territories
50 After paragraph 297(b)
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.79
51 Paragraph 297(e)
Omit ‘but that the Official Trustee has been unable to recover’
Paying Official Trustee amounts under regulations
52 After paragraph 297(e)
Making payments in discharge of an associated GST entity's liability to pay GST is prohibited.
53 After paragraph 297(f)
Prohibition of making payments in discharge of an associated GST entity's liability to pay GST.
Prohibition on paying money under foreign deferred prosecution agreement
54 Before paragraph 296(1)(h)
Forbids payment of money under foreign deferred prosecution agreement
55 At the end of Part 4-3
Definitions for associated GST entity and COAG Reform Fund.
56 Section 338
57 Section 338 (note to the definition of controlled property)
58 Section 338 (at the end of the definition of controlled
Definition of foreign deferred prosecution agreement
59 Section 338
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.65
Apply GST liability to associated entity's payment
6 After paragraph 70(1)(b)
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.83
Amendments apply after commencement of item
60 Application—sections 270 and 275 of the Proceeds of
Amendment of section 278 of the Proceeds of Crime Act 2002 applies to agreements made or given after commencement.
61 Application—section 278 of the Proceeds of Crime Act
Amendment of subsection 279(1) of the Proceeds of Crime Act 2002 applies in relation to a notice given after commencement and an agreement made or given by a person after commencement.
62 Application—section 279 of the Proceeds of Crime Act
The amendment applies after the commencement.
Defines the temporal interval for the amendment and agreement.
(1) The amendment of subsection 279(1) of the Proceeds of Crime Act 2002 made by this Part applies in relation to a notice given after the commencement of this item.
Classifies the amendment as an undertaking.
The agreement is subject to the amended subsection 279(1).
Classifies the agreement as subject to the amended subsection 279(1) of the Proceeds of Crime Act 2002.
(2) Subsections 279(5) and (6) of the Proceeds of Crime Act 2002 (as amended by this Part) apply in relation to an agreement made or given by a person after the commencement of this item.
The agreement applies after the commencement.
Defines the temporal interval for the agreement.
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.84
63 Application—section 281 of the Proceeds of Crime Act
Application of paragraph 296(1)(aa) of the Proceeds of Crime Act 2002
64 Application—paragraph 296(1)(aa) of the Proceeds of
Amendment of paragraph 297(e) of the Proceeds of Crime Act 2002 applies to costs, charges and expenses incurred after commencement.
65 Application—paragraph 297(e) of the Proceeds of Crime
Application of paragraph 297(ea) of the Proceeds of Crime Act 2002 to costs, charges and expenses incurred after commencement.
66 Application—paragraph 297(ea) of the Proceeds of Crime
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.85
Payment of money under a Commonwealth deferred prosecution agreement
67 After paragraph 296(1)(f)
Imposes an obligation on the Commonwealth to accept payment under a deferred prosecution agreement
Definition of Commonwealth deferred prosecution agreement
68 Section 338
7 After Division 4 of Part 2-2
71A Official Trustee may take custody and control of forfeited
8 Subsection 88(1)
9 Paragraph 88(1)(d)
90 Buying out other interests in forfeited property
The relevant person must pay to the Commonwealth an amount equal to the value of that other interest.
90(1) Buying out other interests in forfeited property
The relevant person has an obligation to pay to the Commonwealth an amount equal to the value of that other interest.
Direct Official Trustee to transfer other interest if objection lodged within period.
90(2) Buying out other interests in forfeited property
Granting permission to the Minister or senior officer.
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.5
1 Short title
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.6
Commences on the day this Act receives the Royal Assent.
1 Section 1
The Act is the Crimes Legislation Amendment (Economic Disruption) Act 2021.
16 February
17 February
Commencement rules for provisions in the Act.
2 Commencement
2 Section 2
3 Section 3
crimes-legislation-amendment-economic-disruption-act-2021.pdf, p.7
Legislation in schedules is amended or repealed according to its terms.
3 Schedules
4 Section 4
5 Section 5
6 Section 6
An Act to amend the Crimes Act 1914, the Criminal Code Act 1995 and the Proceeds of Crime Act 2002, and for other purposes
Crimes Legislation Amendment (Economic Disruption) Act 2021