Unexplained Wealth (Commonwealth Powers) Act 2018 (NSW)

Unexplained Wealth (Commonwealth Powers) Act 2018 No 42

An Act to refer certain matters relating to unexplained wealth and information gathering to the Parliament of the Commonwealth for the purposes of section 51 (xxxvii) of the Constitution of the Commonwealth; and for other purposes.

1 Name and purpose of Act (1) This Act is the Unexplained Wealth (Commonwealth Powers) Act 2018. (2) The main purpose of this Act is to refer certain matters relating to unexplained wealth and information gathering to the Parliament of the Commonwealth for the purposes of section 51 (xxxvii) of the Constitution of the Commonwealth.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Definitions (1) In this Act— amendment reference means the reference to the Parliament of the Commonwealth of the matters covered by section 4 (1) (c). assent date means the date of assent to this Act. commencement day means the day on which section 4 (1) comes into operation. Commonwealth Proceeds of Crime Act means the Proceeds of Crime Act 2002 of the Commonwealth, as in force from time to time. express amendment of the Commonwealth Proceeds of Crime Act means the direct amendment of the text of that Act (whether by the insertion, omission, repeal, substitution or relocation of words or matter) by another Commonwealth Act or by an instrument under a Commonwealth Act, but does not include the enactment by a Commonwealth Act of a provision that has, or will have, substantive effect otherwise than as part of the text of the Commonwealth Proceeds of Crime Act. pre-assent version of the Commonwealth Proceeds of Crime Act means the Proceeds of Crime Act 2002 of the Commonwealth, as originally enacted and as subsequently amended by amendments enacted at any time before the assent date. prescribed termination day means the day on which text reference 1 and the amendment reference are to terminate as set out in section 9 (1). reference means— (a) text reference 1, or (b) text reference 2, or (c) the amendment reference. relevant offence means an offence of a kind specified in section 8. text reference 1 means the reference to the Parliament of the Commonwealth of the matters covered by section 4 (1) (a). text reference 2 means the reference to the Parliament of the Commonwealth of the matters covered by section 4 (1) (b). unexplained wealth—see section 5. unexplained wealth provisions means— (a) section 20A and Part 2-6 of the Commonwealth Proceeds of Crime Act, and (b) the other provisions of that Act in so far as they relate to section 20A and Part 2-6 of that Act, and (c) instruments made under that Act for the purposes of a provision referred to in paragraph (a) or (b).