Commonwealth of Australia Explanatory Memoranda

[Index] [Search] [Download] [Bill] [Help]

CRIMES LEGISLATION AMENDMENT BILL (NO. 2) 2011

                                 2010 - 2011








               THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA






                                   SENATE





               CRIMES LEGISLATION AMENDMENT BILL (No. 2) 2011







                               ADDENDUM TO THE
                           EXPLANATORY MEMORANDUM







            (Circulated by authority of the Minister for Justice,
                    the Honourable Brendan O'Connor, MP)


PURPOSE, Proceeds of crime amendments (p 2)

Before paragraph 1, insert a new paragraph:

Existing institutional arrangements for confiscating criminal assets have
been successful.  With the exception of the 2008-09 financial year, the
level of confiscation recoveries has increased every year since the
introduction of non-conviction based confiscation provisions in the POCA.
However, recent developments in the areas of organised crime and proceeds
of crime, including the introduction of unexplained wealth proceedings,
present an opportunity to revisit these arrangements to increase their
effectiveness into the future.

After paragraph 1, insert a new paragraph:

The Taskforce commenced operation in January 2011 and is designed to take a
more proactive, intelligence-led approach to the identification of
potential criminal asset confiscation matters by bringing together
intelligence, operations, legal and other specialist resources.  The AFP,
Australian Taxation Office and the Australian Crime Commission are
participating agencies in the Taskforce.  The DPP will continue to work
closely with the Taskforce in a liaison role.  A multi-agency taskforce
represents a more streamlined, efficient, coordinated and integrated
methodology, with significant operational and administrative benefits,
including effective collaboration in the coordinated use of resources, and
the streamlining of issues between investigative and litigation resources.

SCHEDULE 2 - Proceeds of crime amendments (p 9)

After paragraph 3, insert a new paragraph:

Various scrutiny and accountability mechanisms will ensure the integrity of
the AFP's proceeds of crime function.  The Commissioner will only be able
to delegate his or her powers to senior executive AFP employees, which will
ensure that relevant decisions are only made by staff with the appropriate
level of seniority and expertise.  The commencement and conduct of proceeds
of crime matters will be undertaken by suitably qualified and experienced
lawyers within the Taskforce.  These lawyers will:
    . hold independent practising certificates, which require them to abide
      by the professional conduct and practice rules under relevant State or
      Territory legislation
    . have a professional and ethical duty as officers of the court
    . be subject to the AFP Legal Charter of Independence and Ethical
      Responsibilities and other internal policies similar to those
      currently used by the DPP
    . be bound by the Legal Services Directions 2005, and
    . seek external advice on high-value or contentious matters.
Within the Taskforce, there will be a separation of responsibilities
ensuring that the legal arm of the Taskforce provides advice that is
independent of the operational arm of the Taskforce.  Additionally,
decisions to commence proceeds of crime matters will also be subject to the
scrutiny of the Ombudsman, the Australian Commission for Law Enforcement
Integrity (ACLEI), and the courts.  The AFP, including the Taskforce, will
also be accountable to Parliament through the Parliamentary Joint Committee
on Law Enforcement and through the Senate Estimates process.