Recommendations
Recommendation 1
5.12 The committee recommends that the Australian
Federal Police develops and provides mandatory education and training tools to
its investigators in relation to the nature of investigations in support of
civil action under the Proceeds of Crime Act 2002.
Recommendation 2
5.15 The committee recommends that, when making
applications for search warrants under section 225 of the Proceeds of Crime
Act 2002, the Australian Federal Police presents all relevant information
to the issuing magistrate, including full details of any other information
gathering activities undertaken by the Australian Federal Police in relation to
the matter and whether such activities are ongoing.
Recommendation 3
5.17 The committee recommends that the Australian
Federal Police implements protocols to ensure that applications made to a
magistrate for the granting of search warrants or other associated orders must
be accompanied by a copy of the legislative provisions to which the application
relates.
Recommendation 4
5.22 The
committee recommends that the Commonwealth government investigates options for
distinguishing literary proceeds matters from other matters under the Proceeds
of Crime Act 2002 (POC Act) with particular consideration given to:
-
retaining literary proceeds matters within the POC Act, and
amending the Act to clearly distinguish between literary proceeds matters and
other proceeds of crime matters; or
-
removing literary proceeds matters from the POC Act
altogether and creating standalone legislation to deal with literary proceeds
matters.
Recommendation 5
5.28 The committee recommends that the Commonwealth
government develops and introduces amendments to the Proceeds of Crime Act
2002 in order to ensure that, wherever possible during investigations under
the Act, information is sought via a production order before a search warrant
is granted.
Recommendation 6
5.32 The committee recommends that the Commonwealth
government investigates options for introducing enforceable undertakings powers
as an option available to law enforcement agencies during literary proceeds
investigations.
Recommendation 7
5.36 The committee recommends that the Commonwealth
government develops and introduces legally enforceable protocols governing the
procurement of information or records from media organisations during
investigations by the Australian Federal Police.
5.37 In developing these protocols, the Commonwealth
government should consult with relevant stakeholders and have regard to
relevant examples from other jurisdictions, including the United States'
Government's Policy regarding obtaining information from, or records of,
members of the news media; and regarding questioning, arresting, or charging
members of the news media.
Recommendation 8
5.39 The committee recommends that the Australian Federal
Police and relevant media and publishing stakeholders develop guidelines to be
observed during the execution of search warrants on the premises of media
organisations in circumstances where a claim of journalists' privilege is made.
Recommendation 9
5.44 The committee recommends that the Proceeds
of Crime Act 2002 be amended to ensure that information subject to
journalists' privilege cannot be obtained by the Australian Federal Police
during proceeds of crime investigations unless the criteria contained in
subsection 126H(2) of the Evidence Act 1995 are met.
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