Proceeds of Crime (Consequential Amendments and Transitional Provisions) Bill 2002

Type
Government
Portfolio
Justice and Customs
Originating house
House of Representatives
Status
Act
Parliament no
40
Summary
Introduced with the Proceeds of Crime Bill 2002, the bill amends the:
Criminal Code Act 1995
to insert new money laundering offences;
Telecommunications (Interception) Act 1979
to update cross references;
International War Crimes Tribunals Act 1995
in relation to enforcement of foreign restraining and forfeiture orders;
Mutual Assistance in Criminal Matters Act 1987
to: reflect provisions of the new proceeds regime; and relocate provisions which relate to foreign orders and offences;
Financial Transaction Reports Act 1988
to relocate record retention provisions;
Bankruptcy Act 1966
to ensure that bankruptcy is not used to thwart confiscation of proceeds of crime;
Family Law Act 1975
to ensure that property settlements and spousal maintenance cannot be used to defeat confiscation of proceeds of crime;
Administrative Decisions (Judicial Review) Act 1997
so that it does not apply to certain decisions of the Director of Public Prosecutions or an approved examiner;
Australian Federal Police Act 1979
and
Director of Public Prosecutions Act 1983
in relation to the functions of the AFP and the DPP respectively;
Telecommunications (Interception) Act 1979
and
National Crime Authority Act 1984
to include forfeiture proceedings within the meaning of relevant proceedings;
Taxation Administration Act 1953
in relation to access to taxation information; and
Proceeds of Crime Act 1987
to repeal relocated and redundant provisions, including provisions relating to existing money laundering offences. Also makes consequential amendments to 8 other Acts and contains transitional and application provisions.

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Progress

House of Representatives
Introduced and read a first time 13 Mar 2002
Second reading moved 13 Mar 2002
Second reading agreed to 27 Jun 2002
Third reading agreed to 27 Jun 2002
Senate
Introduced and read a first time 20 Aug 2002
Second reading moved 20 Aug 2002
Second reading debate 16 Sep 2002
Second reading debate 19 Sep 2002
Second reading agreed to 23 Sep 2002
Third reading agreed to 23 Sep 2002
Assent
  • Act no.: 86
  • Year: 2002
11 Oct 2002

Documents and transcripts

Text of bill

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Explanatory memoranda

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Proposed amendments

No proposed amendments have been circulated.

Schedules of amendments

No documents at present

Bills digest

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Notes

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Helpful information

Text of bill

  • First reading: Text of the bill as introduced into the Parliament
  • Third reading: Prepared if the bill is amended by the house in which it was introduced. This version of the bill is then considered by the second house.
  • As passed by both houses: Final text of bill agreed to by both the House of Representatives and the Senate which is presented to the Governor-General for assent.

Explanatory memoranda

  • Explanatory memorandum: Accompanies and provides an explanation of the content of the introduced version (first reading) of the bill.
  • Supplementary explanatory memorandum: Accompanies and explains amendments proposed by the government to the bill.
  • Revised explanatory memorandum: Accompanies and explains the amended version (third reading) of the bill. It supersedes the explanatory memorandum.

Proposed amendments

Circulated by members and senators when they propose to make changed to the bill. For details about the outcome of proposed amendments please refer to either theĀ Votes and Proceedings (House of Representatives) or the Journals (Senate).

Schedules of amendments

Schedules of amendments list amendments agreed to by the second house are communicated to the first house for consideration. Subsequent action by either house may also be included in a schedule.

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