Crimes Legislation Amendment (Unexplained Wealth and Other Measures) Act 2015 (Cth)

Crimes Legislation Amendment (Unexplained Wealth and Other Measures) Act 2015

No. 6, 2015

An Act to amend legislation relating to the criminal law, and for related purposes

Contents 1 Short title 2 Commencement 3 Schedule(s) Schedule 1—Unexplained wealth Proceeds of Crime Act 2002 Schedule 2—Other amendments Proceeds of Crime Act 2002

Crimes Legislation Amendment (Unexplained Wealth and Other Measures) Act 2015 No. 6, 2015

An Act to amend legislation relating to the criminal law, and for related purposes

[Assented to 25 February 2015]

The Parliament of Australia enacts:

1 Short title This Act may be cited as the Crimes Legislation Amendment (Unexplained Wealth and Other Measures) Act 2015.

2 Commencement This Act commences on the day after this Act receives the Royal Assent.

3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Unexplained wealth

Proceeds of Crime Act 2002

1 After paragraph 5(d) Insert: (da) to undermine the profitability of criminal enterprises; and

2 Subsection 20A(1) Omit "may order", substitute "must order".

3 Subsections 20A(3A) to (3C) Repeal the subsections.

4 Subsection 20A(4) Omit all the words from and including "if" to and including "the order" substitute: if the court is satisfied that: (a) there are not reasonable grounds to suspect that the person's *total wealth exceeds by $100,000 or more the value of the person's *wealth that was *lawfully acquired; or (b) it is not in the public interest to make the order.

5 Subsection 20A(4A) Omit "subsection (1)", substitute "this section".

6 Subsection 20A(5) Omit "may", substitute "must".

7 After subsection 45(6) Insert: