Proceeds of Crime Amendment (Unexplained Wealth) Regulations 2020

I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 10 December 2020

David Hurley

Governor‑General

By His Excellency’s Command

Peter Dutton

Minister for Home Affairs

Contents

1 Name

2 Commencement

3 Authority

4 Schedules

Schedule 1—Amendments

Proceeds of Crime Regulations 2019

1  Name

  This instrument is the Proceeds of Crime Amendment (Unexplained Wealth) Regulations 2020.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under the Proceeds of Crime Act 2002.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Proceeds of Crime Regulations 2019

1  After subsection 20(1)

Insert:

Australian Capital Territory

 (1A) For the purposes of the definition of unexplained wealth legislation in section 338 of the Act, the unexplained wealth legislation of the Australian Capital Territory is Part 7A of the Confiscation of Criminal Assets Act 2003 (ACT), and the other provisions of that Act that relate to that Part.

Note: Section 11C of the Australian Capital Territory Act (which defines serious criminal activity) is an example of a provision that relates to Part 7A of that Act because Part 7A refers to that term.

2  Schedule 2 (at the end of table 7)

Add:

3  Schedule 3 (at the end of table 7)

Add: