Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug Offender Confiscation Order) Amendment Act 2013 (Qld)

Queensland Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug Offender Confiscation Order) Amendment Act 2013 Act No. 21 of 2013

Queensland Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug Offender Confiscation Order) Amendment Act 2013 Contents Part 1 1 2 Part 2 3 4 5 6 7 8 9 10 11 12 Part 3 13 14 15 16 17 18 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Amendment of Crime and Misconduct Act 2001 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Amendment of s 4 (Act’s purposes) . . . . . . . . . . . . . . . . . . . . . . . 10 Amendment of s 5 (How Act’s purposes are to be achieved). . . . 10 Amendment of s 26 (How commission performs its crime function) 11 Amendment of s 86 (Search warrant applications). . . . . . . . . . . . 11 Amendment of s 91 (What search warrant must state) . . . . . . . . 11 Amendment of s 92 (Powers under search warrants) . . . . . . . . . 11 Amendment of s 110A (General power to seize evidence—confiscation related investigation). . . . . . . . . . . . . . . . 12 Amendment of s 166 (Register of warrants, warrant applications etc.) ........................................ 12 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 12 Amendment of Criminal Proceeds Confiscation Act 2002 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Amendment of s 4 (Objects). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Amendment of s 11 (Interstate operation of particular orders). . . 17 Amendment of s 12 (Proceedings by the State and meaning of appropriate officer) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Amendment of s 13 (Explanation of ch 2) . . . . . . . . . . . . . . . . . . 17

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug Offender Confiscation Order) Amendment Act 2013 Contents 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Page 2 Amendment of s 26 (When property stops being illegally acquired property or serious crime derived property) . . . . . . . . . . . . . . . . . 18 Amendment of s 28 (Application for restraining order) . . . . . . . . . 18 Amendment of s 29 (Affidavit) . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Amendment of s 30A (Hearing of application) . . . . . . . . . . . . . . . 18 Amendment of s 33 (Condition about dealing with property by agreement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Amendment of s 34 (Condition about particular payments out of restrained property) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Amendment of s 36 (Duration of restraining order) . . . . . . . . . . . 19 Amendment of s 48 (When Supreme Court may exclude prescribed respondent’s property) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Amendment of s 52 (Contravention of restraining order) . . . . . . . 20 Amendment of s 54 (Effect of dismissal of particular applications on restraining order) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Amendment of s 58A (Forfeiture order relating to external serious crime related activity) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Amendment of s 62 (Relief from hardship for dependants) . . . . . 20 Amendment of s 69 (What is an exclusion order). . . . . . . . . . . . . 21 Amendment of s 77 (Application for proceeds assessment order) 21 Amendment of s 79 (Amount must be stated in proceeds assessment order) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Amendment of s 80 (Proceeds assessment order increase if forfeiture order discharged) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Insertion of new s 80A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 80A Notice of proceeds assessment order . . . . . . . . . . . . 22 Amendment of s 83 (How particular amounts may be treated) . . 22 Amendment of s 87 (Enforcement of order against property under effective control) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Amendment of s 88 (Charge on property) . . . . . . . . . . . . . . . . . . 23 Insertion of new ch 2, pt 5, div 4. . . . . . . . . . . . . . . . . . . . . . . . . . 24 Division 4 Hardship orders 89A Application for hardship order. . . . . . . . . . . . . . . . . . . 24 89B When Supreme Court may give leave for s 89A. . . . . 25 89C Making of hardship order . . . . . . . . . . . . . . . . . . . . . . 25 89D Property not to be disposed of during hardship order period . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Insertion of new ch 2, pt 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Part 5A Unexplained wealth orders 2013 Act No. 21

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug Offender Confiscation Order) Amendment Act 2013 Contents Division 1 Application for, and making and variation of, unexplained wealth orders 89E Meaning of current or previous wealth . . . . . . . . . . . . 27 89F Application for unexplained wealth order . . . . . . . . . . 28 89G Making of unexplained wealth order. . . . . . . . . . . . . . 28 89H Amount payable under unexplained wealth order . . . 29 89I Unexplained wealth order increase if forfeiture ends etc. 30 89J Notice of unexplained wealth order . . . . . . . . . . . . . . 30 Division 2 Assessment of value of unexplained wealth 89K Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 89L Assessment for unexplained wealth order . . . . . . . . . 31 Division 3 Operation of unexplained wealth orders 89M Unexplained wealth order amount is debt payable to State ............................... 32 89N Enforcement of order against property under effective control. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 89O Charge on property . . . . . . . . . . . . . . . . . . . . . . . . . . 33 89P Effect of other actions on unexplained wealth order. . 35 Division 4 Hardship orders 89Q Application for hardship order. . . . . . . . . . . . . . . . . . . 36 89R When Supreme Court may give leave for s 89Q . . . . 37 89S Making of hardship order . . . . . . . . . . . . . . . . . . . . . . 37 89T Property not to be disposed of during hardship order period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 41 Amendment of s 90 (Serious crime related activity can form basis of a number of orders) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 42 Insertion of new ch 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Chapter 2A Serious drug offender confiscation order scheme Part 1 Preliminary 93A Explanation of ch 2A . . . . . . . . . . . . . . . . . . . . . . . . . 40 93B Application of ch 2A . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Part 2 Interpretation 93C Definitions for ch 2A . . . . . . . . . . . . . . . . . . . . . . . . . . 41 93D Meaning of effective control . . . . . . . . . . . . . . . . . . . . 42 93E Meaning of protected property . . . . . . . . . . . . . . . . . . 42 93F Meaning of qualifying offence and pre-qualifying offence 42 Part 3 Restraining orders 2013 Act No. 21 Page 3

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug Offender Confiscation Order) Amendment Act 2013 Contents Division 1 Interpretation 93G Definition for pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2 Making and hearing of application for restraining order 93H Application for restraining order . . . . . . . . . . . . . . . . . 93I Affidavit—general requirements . . . . . . . . . . . . . . . . . 93J Particular requirements for affidavit relating to relevant property that is not prescribed respondent’s property 93K Notice of application for restraining order. . . . . . . . . . 93L Hearing of application. . . . . . . . . . . . . . . . . . . . . . . . . Division 3 Making restraining orders 93M Making restraining order. . . . . . . . . . . . . . . . . . . . . . . 93N Absence of risk does not prevent making of order . . . 93O Conditions of restraining order . . . . . . . . . . . . . . . . . . 93P Conditions about dealing with property by agreement 93Q Conditions about particular payments out of restrained property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93R Restraining order may direct public trustee to take control of property . . . . . . . . . . . . . . . . . . . . . . . . . . . 93S Duration of restraining order. . . . . . . . . . . . . . . . . . . . Division 4 Making other orders 93T Supreme Court may make other orders . . . . . . . . . . . 93U Hearing of application. . . . . . . . . . . . . . . . . . . . . . . . . 93V Administration orders Supreme Court may make. . . . 93W Investigation orders Supreme Court may make . . . . . Division 5 Provisions about particular orders Subdivision 1 Examination orders 93X Court officer’s power to conduct examinations. . . . . . 93Y Time and place of examination. . . . . . . . . . . . . . . . . . 93Z Examination to take place in private. . . . . . . . . . . . . . 93ZA Role of the examinee’s lawyer . . . . . . . . . . . . . . . . . . 93ZB Recording evidence . . . . . . . . . . . . . . . . . . . . . . . . . . 93ZC Privilege—examination order . . . . . . . . . . . . . . . . . . . 93ZD Offence to contravene examination order. . . . . . . . . . 93ZE Use and dissemination of examination information . . Subdivision 2 Property particulars orders 93ZF Privilege—property particulars order . . . . . . . . . . . . . 43 44 45 45 46 46 47 48 48 48 49 50 50 50 52 52 53 55 55 55 56 56 57 58 58 59 Page 4 2013 Act No. 21

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug Offender Confiscation Order) Amendment Act 2013 Contents 93ZG Offence to contravene property particulars order . . . . 60 Subdivision 3 Property seizure orders 93ZH If property seizure order directed to commission officer 60 93ZI If property seizure order directed to police officer . . . 61 Division 6 Notice of restraining orders and other orders 93ZJ Notice of restraining order and other orders. . . . . . . . 62 Division 7 Exclusion of property from restraining order Subdivision 1 Application by prescribed respondent 93ZK Supreme Court may exclude prescribed respondent’s property from restraining order. . . . . . . . . . . . . . . . . . 63 93ZL When Supreme Court may exclude prescribed respondent’s property. . . . . . . . . . . . . . . . . . . . . . . . . 64 Subdivision 2 Application by person other than prescribed respondent 93ZM Supreme Court may exclude other property from restraining order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 93ZN When Supreme Court may exclude applicant’s property 65 Division 8 Extension of restraining orders 93ZO Extension of restraining order . . . . . . . . . . . . . . . . . . 66 Division 9 Sale of restrained property 93ZP Supreme Court may order sale of restrained property 66 Division 10 Revocation of restraining orders 93ZQ Application to revoke restraining order . . . . . . . . . . . . 67 93ZR Notice of revocation of restraining order. . . . . . . . . . . 68 Division 11 Other provisions about restraining orders 93ZS Restraining order to be registered . . . . . . . . . . . . . . . 68 93ZT Contravention of restraining order . . . . . . . . . . . . . . . 69 93ZU Restraining order does not prevent other action under this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 93ZV Effect of dismissal of particular applications on restraining order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 93ZW Authority under restraining order . . . . . . . . . . . . . . . . 70 Part 4 Serious drug offender confiscation orders Division 1 Interpretation 93ZX Definition for pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 93ZY Meaning of serious drug offender confiscation order . 71 Division 2 Applications for serious drug offender confiscation orders 2013 Act No. 21 Page 5

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug Offender Confiscation Order) Amendment Act 2013 Contents 43 44 Page 6 93ZZ Application for serious drug offender confiscation order 72 93ZZA Response by prescribed respondent . . . . . . . . . . . . . 73 Division 3 Making and effect of serious drug offender confiscation order 93ZZB Making of serious drug offender confiscation order . . 73 93ZZC Particular property forfeited only if listed in serious drug offender confiscation order . . . . . . . . . . . . . . . . . . . . . 74 93ZZD Serious drug offender confiscation order may provide for discharge of encumbrance . . . . . . . . . . . . . . . . . . 75 93ZZE Notice of serious drug offender confiscation order. . . 75 93ZZF Effect of serious drug offender confiscation order . . . 76 93ZZG Forfeited property not to be disposed of during hardship order period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 93ZZH Dealing with forfeited property prohibited . . . . . . . . . . 77 93ZZI Effect of death . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 93ZZJ Effect of death of joint owner of restrained property. . 78 93ZZK Effect of appeal against conviction . . . . . . . . . . . . . . . 79 93ZZL Effect of amendment of serious drug offence certificate after serious drug offender confiscation order made . 79 93ZZM Ch 2A restraining order does not prevent making of ch 2 or 3 restraining order . . . . . . . . . . . . . . . . . . . . . . . . . 79 93ZZN Restriction on orders if serious drug offender confiscation order is applied for or made . . . . . . . . . . 80 Division 4 Hardship orders 93ZZO Application for hardship order. . . . . . . . . . . . . . . . . . . 80 93ZZP When Supreme Court may give leave for s 93ZZO . . 81 93ZZQ Making of hardship order . . . . . . . . . . . . . . . . . . . . . . 81 93ZZR Hardship orders court may make . . . . . . . . . . . . . . . . 83 Division 5 Discharge of serious drug offender confiscation order 93ZZS Circumstances in which serious drug offender confiscation order is discharged. . . . . . . . . . . . . . . . . 83 93ZZT Notice after discharge of serious drug offender confiscation order . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 93ZZU Request for Attorney-General to return property . . . . 85 93ZZV Application for order declaring value of property . . . . 85 Amendment of s 118 (Affidavit—general requirements). . . . . . . . 85 Amendment of s 119 (Particular requirements for affidavit relating to relevant property that is not prescribed respondent’s property) . . 86 2013 Act No. 21

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug Offender Confiscation Order) Amendment Act 2013 Contents 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Part 4 61 62 63 Amendment of s 125 (Conditions about dealing with property by agreement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 Amendment of s 143 (Contravention of restraining order) . . . . . . 86 Amendment of s 184 (Pecuniary penalty orders) . . . . . . . . . . . . . 86 Amendment of s 186 (Pecuniary penalty order increase if forfeiture order discharged) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 Amendment of s 213 (Forfeited property not to be disposed of during appeal period) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 Amendment of s 214 (Disposal of forfeited property by State). . . 87 Amendment of s 219 (Public trustee may apply for order for satisfying liability because of confiscation order or automatic forfeiture) ................................... 88 Amendment of s 249B (Giving notice to financial institution) . . . . 88 Amendment of s 249E (Financial institution must comply with a notice) ......................................... 90 Amendment of s 256A (Consent orders) . . . . . . . . . . . . . . . . . . . 90 Replacement of s 257 (Restriction on functions) . . . . . . . . . . . . . 91 257 Restriction on functions . . . . . . . . . . . . . . . . . . . . . . . 91 Amendment of s 260 (Sentencing court not to have regard to property forfeiture or pecuniary penalty) . . . . . . . . . . . . . . . . . . . 91 Insertion of new s 264A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 264A Payment of amount under equitable sharing program 92 Amendment of s 265 (Evidentiary provision) . . . . . . . . . . . . . . . . 92 Insertion of new ch 12, pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 Part 4 Transitional provisions for Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug Offender Confiscation Order) Amendment Act 2013 290 Definitions for pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 291 Transitional provision for ss 28, 29 and 58A. . . . . . . . 94 292 Hardship order provisions do not apply in relation to existing proceeds assessment orders etc. . . . . . . . . . 94 293 Transitional provision for s 90 . . . . . . . . . . . . . . . . . . . 94 294 Transitional provision for unexplained wealth orders . 94 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 95 Amendment of Penalties and Sentences Act 1992 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 100 Insertion of new pt 9C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 2013 Act No. 21 Page 7

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug Offender Confiscation Order) Amendment Act 2013 Contents 64 65 Part 5 66 67 68 69 70 71 72 73 Page 8 Part 9C Serious drug offences Division 1 Interpretation 161F Meaning of category A offence, category B offence and category C offence . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 Division 2 Issue of serious drug offence certificates 161G Issue of serious drug offence certificate. . . . . . . . . . . 101 161H Content of serious drug offence certificate. . . . . . . . . 103 161I Amendment of certificate by court to include related offence for which offender is sentenced later . . . . . . . 103 161J Amendment of certificate by proper officer to correct minor error . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 161K Amendment by proper officer, or cancellation, of certificate on quashing of conviction or appeal . . . . . 105 161L Effect of amendment of certificate on date of issue . . 106 161M Process for issuing or amending certificate . . . . . . . . 106 Insertion of new pt 14, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 Division 5 Transitional provision for Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug Offender Confiscation Order) Amendment Act 2013 226 Retrospective application of pt 9C in particular circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 Insertion of new sch 1B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 Schedule 1B Serious drug offences Amendment of Police Powers and Responsibilities Act 2000 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 Amendment of s 150 (Search warrant application) . . . . . . . . . . . 109 Amendment of s 180 (Production notices) . . . . . . . . . . . . . . . . . . 110 Amendment of s 190 (Making of production orders) . . . . . . . . . . 111 Amendment of s 351 (Definitions for div 1) . . . . . . . . . . . . . . . . . 111 Insertion of new ch 24, pt 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 Part 14 Transitional provision for Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug Offender Confiscation Order) Amendment Act 2013 877 Application of amendments about confiscation related evidence etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 Amendment of sch 3 (Relevant offences for chapter 13 disclosure of information provisions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 113 2013 Act No. 21

Queensland Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug Offender Confiscation Order) Amendment Act 2013 Act No. 21 of 2013 An Act to amend the Crime and Misconduct Act 2001, the Criminal ProceedsConfiscation Act 2002, the Penalties and Sentences Act 1992 and the PolicePowers and Responsibilities Act 2000 for particular purposes [Assented to 14 May 2013]

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 1 Preliminary [s 1] The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug Offender Confiscation Order) Amendment Act 2013. 2 Commencement This Act commences on a day to be fixed by proclamation. Part 2 Amendment of Crime and Misconduct Act 2001 3 Act amended This part amends the Crime and Misconduct Act 2001 . 4 Amendment of s 4 (Act’s purposes) Section 4(2), from ‘the investigation’— omit, insert— ‘a confiscation related investigation.’. 5 Amendment of s 5 (How Act’s purposes are to be achieved) Section 5(4), ‘investigations into confiscation related activities’— Page 10 2013 Act No. 21

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 2 Amendment of Crime and Misconduct Act 2001 [s 6] omit, insert— ‘confiscation related investigations’. 6 Amendment of s 26 (How commission performs its crime function) Section 26(b)— insert — ‘(iii) the recovery of other property liable to forfeiture, or a person’s unexplained wealth, under the Confiscation Act; and’. 7 Amendment of s 86 (Search warrant applications) (1) Section 86(1)(b), ‘in relation to a confiscation related activity’— omit. (2) Section 86(4)(c)— insert— ‘(iii) the qualifying offence, or suspected qualifying offence, to which the application relates.’. 8 Amendment of s 91 (What search warrant must state) Section 91(1)(b)— omit, insert— ‘(b) brief particulars of the major crime, misconduct, confiscation related activity, qualifying offence or suspected qualifying offence for which the warrant is issued; and’. 9 Amendment of s 92 (Powers under search warrants) (1) Section 92(1)(f), ‘or the confiscation related activity’— omit, insert— 2013 Act No. 21 Page 11

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 2 Amendment of Crime and Misconduct Act 2001 [s 10] ‘, the confiscation related activity or the qualifying offence’. (2) Section 92(4)— insert— ‘ qualifying offence , for a search warrant, means the qualifying offence, or suspected qualifying offence, to which the warrant relates.’. 10 Amendment of s 110A (General power to seize evidence—confiscation related investigation) Section 110A(1)(a)(i)— omit, insert— ‘(i) confiscation related evidence for any confiscation related investigation being conducted by the commission; or’. 11 Amendment of s 166 (Register of warrants, warrant applications etc.) Section 166(4)(a)— omit, insert— ‘(a) for an investigation into major crime or misconduct, or a confiscation related investigation, for which information in the register may be relevant; or’. 12 Amendment of sch 2 (Dictionary) (1) Schedule 2, definitions confiscation order and confiscation related evidence— omit. (2) Schedule 2— insert — ‘ confiscation order means— Page 12 2013 Act No. 21

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 2 Amendment of Crime and Misconduct Act 2001 [s 12] (a) any of the following orders under the Confiscation Act, chapter 2— (i) a restraining order; (ii) a forfeiture order; (iii) a proceeds assessment order; (iv) an unexplained wealth order; or (b) any of the following orders under the Confiscation Act, chapter 2A— (i) a restraining order; (ii) a serious drug offender confiscation order. confiscation related evidence — 1 Confiscation related evidence means a thing or evidence of an activity that may be or provide evidence of something for which a proceeding for a confiscation order may be started under the Confiscation Act, chapter 2 and includes each of the following— (a) a thing in which a person has an interest that is serious crime derived property; (b) a thing in which a person has an interest that is illegally acquired property of a person reasonably suspected of having engaged in a serious crime related activity; (c) evidence of a serious crime related activity; (d) evidence of illegal activity of a person reasonably suspected of having engaged in a serious crime related activity; (e) property that is restrained under a restraining order under the Confiscation Act. 2 The following are also confiscation related evidence— (a) a thing that may be or provide evidence of a suspected qualifying offence for which a 2013 Act No. 21 Page 13

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 3 Amendment of Criminal Proceeds Confiscation Act 2002 [s 13] proceeding for a confiscation order may be started under the Confiscation Act, chapter 2A; (b) evidence of property that may be subject to restraint or forfeiture under a confiscation order for which a proceeding may be started under the Confiscation Act, chapter 2A. qualifying offence see the Confiscation Act, section 93F.’. (3) Schedule 2, definition confiscation related activity , after ‘Act’— insert— ‘, chapter 2’. (4) Schedule 2, definition confiscation related investigation , after ‘2’— insert— ‘or 2A’. Part 3 Amendment of Criminal Proceeds Confiscation Act 2002 13 Act amended This part amends the CriminalProceedsConfiscationAct2002 . 14 Amendment of long title Long title, ‘crime,’— omit, insert— Page 14 2013 Act No. 21

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 3 Amendment of Criminal Proceeds Confiscation Act 2002 [s 15] ‘crime and property connected to persons convicted of particular serious drug offences, the payment to the State of unexplained wealth,’. 15 Amendment of s 4 (Objects) (1) Section 4(2)— omit, insert— ‘(2) It is also an important object of this Act— (a) to deprive persons of the following— (i) illegally acquired property, tainted property and benefits derived from the commission of offences; (ii) the benefits derived from contracts about confiscation offences; (iii) wealth that persons can not satisfy a court was lawfully acquired; and (b) to deter persons from committing serious criminal offences, including by increasing the financial risk associated with committing serious criminal offences; and (c) to prevent the reinvestment of financial gain from illegal activity in further illegal activity; and (d) to assist law enforcement agencies to effectively trace— (i) property acquired by persons who engage in illegal activity; and (ii) tainted property; and (iii) benefits derived from the commission of offences; and (iv) amounts of unexplained wealth; and (e) to forfeit to the State property of, or associated with, persons who commit qualifying offences, and against whom serious drug offender confiscation orders are 2013 Act No. 21 Page 15

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 3 Amendment of Criminal Proceeds Confiscation Act 2002 [s 15] made, in recognition of the impact of qualifying offences on the community and the justice system; and (f) to ensure orders of other States restraining or forfeiting property under corresponding laws may be enforced in Queensland; and (g) to protect property honestly acquired for sufficient consideration by persons innocent of illegal activity from forfeiture and other orders affecting property.’. (2) Section 4(3), ‘2’— omit, insert— ‘3’. (3) Section 4(4) and (5)— omit, insert— ‘(4) The scheme in chapter 2 does not depend on a charge or conviction and is administered by the commission. ‘(5) The scheme in chapter 2A relates to the charge or conviction of particular serious offences involving drugs and is administered by the commission. ‘(5A) The scheme in chapter 3 relies on a person being charged and convicted (as defined in this Act) of a confiscation offence and is administered by the DPP.’. (4) Section 4(6), ‘neither scheme is’— omit, insert— ‘none of the schemes are’. (5) Section 4(6), ‘the other’— omit, insert— ‘either of the other schemes’. (6) Section 4(5A) and (6)— renumber as section 4(6) and (7) . Page 16 2013 Act No. 21

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 3 Amendment of Criminal Proceeds Confiscation Act 2002 [s 16] 16 Amendment of s 11 (Interstate operation of particular orders) (1) Section 11(1), ‘a forfeiture order or a restraining order’— omit, insert— ‘a restraining order, a forfeiture order or a serious drug offender confiscation order’. (2) Section 11(2), ‘A forfeiture order or restraining order’— omit, insert— ‘An order mentioned in subsection (1)’. 17 Amendment of s 12 (Proceedings by the State and meaning of appropriate officer ) (1) Section 12(1)(a), after ‘2’— insert— ‘or 2A’. (2) Section 12(5)(a), after ‘2’— insert— ‘, chapter 2A’. 18 Amendment of s 13 (Explanation of ch 2) (1) Section 13— insert— ‘(5A) The chapter also enables the court to make an unexplained wealth order against a person, requiring the person to pay to the State an amount worked out under section 89L(2) or (3).’. (2) Section 13(6), after ‘proceeds assessment order’— insert— ‘or unexplained wealth order’. (3) Section 13(5A) to (7)— 2013 Act No. 21 Page 17

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 3 Amendment of Criminal Proceeds Confiscation Act 2002 [s 19] renumber as section 13(6) to (8). 19 Amendment of s 26 (When property stops being illegally acquired property or serious crime derived property) (1) Section 26(c), ‘or a proceeds assessment order;’— omit, insert— ‘, a proceeds assessment order or an unexplained wealth order;’. (2) Section 26(d), after ‘46’— insert— ‘, 93ZP’. 20 Amendment of s 28 (Application for restraining order) Section 28(4), ‘derived from external serious crime related activity’— omit, insert— ‘of a person suspected of having engaged in 1 or more external serious crime related activities’. 21 Amendment of s 29 (Affidavit) Section 29(2), ‘derived from external serious crime related activity’— omit, insert— ‘of a person suspected of having engaged in 1 or more external serious crime related activities’. 22 Amendment of s 30A (Hearing of application) Section 30A(2), ‘the DPP’— omit, insert— ‘an appropriate officer’. Page 18 2013 Act No. 21

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 3 Amendment of Criminal Proceeds Confiscation Act 2002 [s 23] 23 Amendment of s 33 (Condition about dealing with property by agreement) Section 33, ‘a pecuniary penalty order or a proceeds assessment order’— omit, insert— ‘another order made under this Act’. 24 Amendment of s 34 (Condition about particular payments out of restrained property) Section 34(3)(a), after ‘order’— insert— ‘and the person has no source of income to meet the expenses or debt’. 25 Amendment of s 36 (Duration of restraining order) (1) Section 36(2)(a), ‘either or both’— omit, insert— ‘any’. (2) Section 36(2)(a)(ii), ‘a person’— omit, insert— ‘the person’. (3) Section 36(2)(a)— insert— ‘(iii) an unexplained wealth order against the person whose property is restrained under the restraining order; or’. (4) Section 36(2)(b), after ‘assessment order’— insert— ‘or unexplained wealth order’. 2013 Act No. 21 Page 19

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 3 Amendment of Criminal Proceeds Confiscation Act 2002 [s 26] 26 Amendment of s 48 (When Supreme Court may exclude prescribed respondent’s property) Section 48(1)(b), after ‘order’— insert— ‘or unexplained wealth order’. 27 Amendment of s 52 (Contravention of restraining order) Section 52(5)— omit. 28 Amendment of s 54 (Effect of dismissal of particular applications on restraining order) Section 54(1)— insert— ‘(c) an unexplained wealth order against the person whose property is restrained under the restraining order.’. 29 Amendment of s 58A (Forfeiture order relating to external serious crime related activity) Section 58A(1), ‘derived from external serious crime related activity’— omit, insert — ‘of a prescribed respondent suspected of having engaged in 1 or more external serious crime related activities’. 30 Amendment of s 62 (Relief from hardship for dependants) Section 62(3)— omit. Page 20 2013 Act No. 21

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 3 Amendment of Criminal Proceeds Confiscation Act 2002 [s 31] 31 Amendment of s 69 (What is an exclusion order ) Section 69(2), after ‘order’— insert— ‘or unexplained wealth order’. 32 Amendment of s 77 (Application for proceeds assessment order) Section 77(2)— omit, insert— ‘(2) The State must give notice of the application to— (a) the person against whom the order is sought; and (b) anyone else who the commission, or if the application is made for the State by a police officer, the commissioner of the police service reasonably suspects may be affected by the order.’. 33 Amendment of s 79 (Amount must be stated in proceeds assessment order) Section 79(3), after ‘activities’— insert— ‘or under a serious drug offender confiscation order’. 34 Amendment of s 80 (Proceeds assessment order increase if forfeiture order discharged) Section 80(1)(b), after ‘order’— insert— ‘or serious drug offender confiscation order’. 35 Insertion of new s 80A Chapter 2, part 5, division 1— 2013 Act No. 21 Page 21

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 3 Amendment of Criminal Proceeds Confiscation Act 2002 [s 36] insert— ‘80A Notice of proceeds assessment order ‘(1) Within 28 days after a proceeds assessment order is made, the commission or, if the application for the order was made for the State by a police officer, the commissioner of the police service must give the following persons the documents mentioned in subsection (2)— (a) all known dependants of the person against whom the order is made; (b) anyone else the commission or the commissioner of the police service reasonably suspects may be affected by the order. ‘(2) For subsection (1), the documents are— (a) a copy of the proceeds assessment order; and (b) a written notice stating that a dependant of the person against whom the order is made may apply to the Supreme Court, within 3 months after the day the order is made, for a hardship order under section 89A. ‘(3) If required by the court, the commission or the commissioner of the police service must also give notice of the making of the order to the persons the court considers appropriate, in the way and within the time the court considers appropriate.’. 36 Amendment of s 83 (How particular amounts may be treated) Section 83(2) and (3), ‘an’— omit. 37 Amendment of s 87 (Enforcement of order against property under effective control) (1) Section 87(2)— omit, insert— Page 22 2013 Act No. 21

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 3 Amendment of Criminal Proceeds Confiscation Act 2002 [s 38] ‘(2) The commission or, if the application is made for the State by a police officer, the commissioner of the police service must give the following persons written notice of the application— (a) the controlling person; (b) anyone else the commission or the commissioner of the police service considers may have an interest in the property.’. (2) Section 87— insert— ‘(8) Subsection (5) does not apply to property that is the subject of a hardship order.’. 38 Amendment of s 88 (Charge on property) (1) Section 88(3)(d), after ‘this chapter’— insert— ‘, chapter 2A’. (2) Section 88(3)(d), after ‘46’— insert— ‘, 93ZP’. (3) Section 88(3)— insert— ‘(f) a hardship order is made excluding property from the operation of the charge.’. (4) Section 88(9), after ‘paid’— insert — ‘or the charge otherwise stops having effect under subsection (3)’. (5) Section 88(11), definitions appropriate form and registrar— omit. 2013 Act No. 21 Page 23

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 3 Amendment of Criminal Proceeds Confiscation Act 2002 [s 39] 39 Insertion of new ch 2, pt 5, div 4 Chapter 2, part 5— insert— ‘Division 4 Hardship orders ‘89A Application for hardship order ‘(1) A dependant of the person against whom a proceeds assessment order is made may apply to the Supreme Court for a hardship order. ‘(2) Unless the court gives leave under section 89B, the application must be made within 3 months after— (a) for property the subject of an order under section 87(4)—the day the order is made; or (b) for property the subject of a charge under section 88—the day the proceeds assessment order is made. ‘(3) For each application under this section, including an application for leave, the applicant must give the State and anyone else who has an interest in the property written notice of— (a) the making of the application; and (b) the grounds for the application, including, for an application for a hardship order, a description of the property the subject of an order under section 87(4) or a charge under section 88 that the application relates to; and (c) the facts relied on. ‘(4) The grounds for the application and the facts relied on must be stated fully in the notice. ‘(5) The notice must be given at least 28 days before the day set for hearing the application. ‘(6) The written notice must be accompanied by any affidavit the applicant intends to rely on at the hearing of the application. Page 24 2013 Act No. 21

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 3 Amendment of Criminal Proceeds Confiscation Act 2002 [s 39] ‘(7) The State must be a party to the application. ‘(8) Anyone else who is given notice of the application may appear at the hearing of the application. ‘(9) If the State proposes to oppose the application, the State must give the applicant notice of intention to oppose the application. ‘(10) The State must give the applicant notice of the grounds for opposing the application. ‘89B When Supreme Court may give leave for s 89A ‘The Supreme Court may give leave to apply for a hardship order after the end of the period mentioned in section 89A(2) if it is satisfied the delay in applying was not because of the applicant’s neglect. ‘89C Making of hardship order ‘(1) The Supreme Court may, on an application under section 89A, make an order ( hardship order ) excluding special property from the operation of an order under section 87(4) or a charge under section 88 if it is satisfied— (a) the applicant is a dependant of the person against whom the proceeds assessment order was made; and (b) the operation of the order under section 87(4) or charge under section 88 will cause hardship to the dependant. ‘(2) However, the court must not make a hardship order in favour of an adult dependant of the person against whom a proceeds assessment order was made unless the court is satisfied the dependant had no knowledge of the serious crime related activity which formed the basis of the proceeds assessment order. ‘(3) In this section— special property means— 2013 Act No. 21 Page 25

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 3 Amendment of Criminal Proceeds Confiscation Act 2002 [s 39] (a) any property, if the last change of ownership resulted from the death of someone other than the person against whom the proceeds assessment order was made; or Example — property given under a will (b) property that is or was the dependant’s principal place of residence, if— (i) the last change of ownership of the property was at least 6 years before the serious crime related activity which formed the basis of the proceeds assessment order started happening; and (ii) the property was occupied by the dependant as his or her principal place of residence for a consecutive period of 2 years during the 6-year period mentioned in subparagraph (i). ‘89D Property not to be disposed of during hardship order period ‘(1) During the hardship order period, the State must not, without the leave of the Supreme Court— (a) dispose of— (i) property the subject of an order under section 87(4); or (ii) property the subject of a charge under section 88; or (b) authorise anyone else to dispose of property mentioned in paragraph (a). ‘(2) In this section— hardship order period means the period of 3 months starting on the later of— (a) the day the following order was made— (i) for property the subject of an order under section 87(4)—that order; Page 26 2013 Act No. 21

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 3 Amendment of Criminal Proceeds Confiscation Act 2002 [s 40] (ii) for property the subject of a charge under section 88—the proceeds assessment order; or (b) the day on which all proceedings relating to hardship orders are finally decided.’. 40 Insertion of new ch 2, pt 5A Chapter 2— insert— ‘Part 5A Unexplained wealth orders ‘Division 1 Application for, and making and variation of, unexplained wealth orders ‘89E Meaning of current or previous wealth ‘(1) The current or previous wealth , of a person, is the amount that is the total value of the following— (a) all of the person’s property, including property that the person has, at any time, disposed of, whether by gift, sale or any other means; (b) all benefits provided to, and benefits derived by, the person; whether acquired, disposed of, provided or derived before or after the commencement of this section and whether within or outside Queensland. ‘(2) However, the current or previous wealth , of a person, does not include the value of any of the following— (a) any property that has been forfeited under this or any other Act; (b) any property, benefit or benefit derived that was taken into account for making an earlier unexplained wealth order against the person; 2013 Act No. 21 Page 27

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 3 Amendment of Criminal Proceeds Confiscation Act 2002 [s 40] (c) any property, benefit or benefit derived that was taken into account for making a tainted property substitution declaration against the person. ‘89F Application for unexplained wealth order ‘(1) The State may apply to the Supreme Court for an order ( unexplained wealth order ) requiring a person to pay to the State an amount assessed by the court to be the value of the person’s unexplained wealth. ‘(2) The State must give notice of the application to— (a) the person against whom the order is sought; and (b) anyone else who the commission, or if the application is made for the State by a police officer, the commissioner of the police service reasonably suspects may be affected by the order. ‘(3) A person given notice under subsection (2) may appear at the hearing of the application. ‘(4) The absence of a person required to be given notice of the application does not prevent the Supreme Court from making an unexplained wealth order. ‘89G Making of unexplained wealth order ‘(1) The Supreme Court must, on an application under section 89F, make an unexplained wealth order against a person if it is satisfied there is a reasonable suspicion that— (a) the person— (i) has engaged in 1 or more serious crime related activities; or (ii) has acquired, without giving sufficient consideration, serious crime derived property from a serious crime related activity of someone else, whether or not the person knew or suspected the property was derived from illegal activity; and Page 28 2013 Act No. 21

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 3 Amendment of Criminal Proceeds Confiscation Act 2002 [s 40] (b) any of the person’s current or previous wealth was acquired unlawfully. ‘(2) However, the court may refuse to make the order if the court is satisfied it is not in the public interest to make the order. ‘(3) A finding of the court under subsection (1)(a)— (a) need not be based on a reasonable suspicion that a particular offence was committed; and (b) may be based on a reasonable suspicion that some offence that is a serious crime related activity was committed. ‘(4) The court may not make an unexplained wealth order on an application that relates only to external serious crime related activity unless it is satisfied that no action has been taken under a law of the Commonwealth or any other place outside Queensland, including outside Australia, in relation to the proceeds of the external serious crime related activity. ‘(5) For subsection (4), an affidavit by an appropriate officer that includes a statement that the officer has made due enquiry and is satisfied that no action has been taken under a law of the Commonwealth or any place outside Queensland, including outside Australia, against any property in relation to the proceeds of the external serious crime related activity is proof, in the absence of evidence to the contrary, of the matters contained in the affidavit. ‘(6) The court may make the ancillary orders the court considers appropriate when it makes the unexplained wealth order or at a later time. ‘89H Amount payable under unexplained wealth order ‘(1) An unexplained wealth order must state, as the amount required to be paid to the State, the value of the person’s unexplained wealth. ‘(2) The value of the person’s unexplained wealth must be assessed by the Supreme Court under division 2. 2013 Act No. 21 Page 29

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 3 Amendment of Criminal Proceeds Confiscation Act 2002 [s 40] ‘(3) However, the court may reduce the amount that would otherwise be payable as assessed under division 2 if it is satisfied it is in the public interest to do so. ‘89I Unexplained wealth order increase if forfeiture ends etc. ‘(1) This section applies if— (a) the Supreme Court makes an unexplained wealth order against a person; and (b) in deciding the value of the person’s unexplained wealth, the court did not take into account the value of property mentioned in section 89E(2); and (c) after the unexplained wealth order is made, the forfeiture of the property, or the earlier unexplained wealth order or the tainted property substitution declaration, ends because of an appeal. ‘(2) The State may apply to the Supreme Court for a variation of the unexplained wealth order to increase the amount payable under the order. ‘(3) If the Supreme Court considers an increase appropriate, it may vary the amount payable under the unexplained wealth order. ‘89J Notice of unexplained wealth order ‘(1) Within 28 days after an unexplained wealth order is made, the commission or, if the application for the order was made for the State by a police officer, the commissioner of the police service must give the following persons the documents mentioned in subsection (2)— (a) all known dependants of the person against whom the order is made; (b) anyone else the commission or the commissioner of the police service reasonably suspects may be affected by the order. ‘(2) For subsection (1), the documents are— Page 30 2013 Act No. 21

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 3 Amendment of Criminal Proceeds Confiscation Act 2002 [s 40] (a) a copy of the unexplained wealth order; and (b) a written notice stating that a dependant of the person against whom the order is made may apply to the Supreme Court, within 3 months after the day the order is made, for a hardship order under section 89Q. ‘(3) If required by the court, the commission or the commissioner of the police service must also give notice of the making of the order to the persons the court considers appropriate, in the way and within the time the court considers appropriate. ‘Division 2 Assessment of value of unexplained wealth ‘89K Application of div 2 ‘This division applies to property in Queensland or elsewhere. ‘89L Assessment for unexplained wealth order ‘(1) The unexplained wealth of a person is the amount mentioned in subsection (2) or (3). ‘(2) For subsection (1), the amount may be the amount equivalent to— (a) the person’s current or previous wealth of which the State has given evidence; less (b) any of the current or previous wealth mentioned in paragraph (a) that the person proves was lawfully acquired. ‘(3) Alternatively, for subsection (1), the amount may be the amount equivalent to the person’s expenditure for a period of which the State has given evidence less the income for that period that the person proves was lawfully acquired. ‘(4) For subsection (2), the value of a thing included as current or previous wealth is— (a) if the wealth has been disposed of, the greater of— 2013 Act No. 21 Page 31

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 3 Amendment of Criminal Proceeds Confiscation Act 2002 [s 40] (i) the value when the wealth was acquired; or (ii) the value immediately before the wealth was disposed of; or (b) otherwise, the greater of— (i) the value when the wealth was acquired; or (ii) the value when the application for the unexplained wealth order was made. ‘(5) However, the court may— (a) treat, as the value of the person’s current or previous wealth, the value it would have had if it had been acquired at the time the court decides the application; and (b) without limiting paragraph (a), have regard to any decline in the purchasing power of money between the time the current or previous wealth was acquired and the time the court decides the application. ‘(6) In this section— acquired includes provided or derived. ‘Division 3 Operation of unexplained wealth orders ‘89M Unexplained wealth order amount is debt payable to State ‘(1) The amount a person is ordered to pay to the State under an unexplained wealth order is a debt payable by the person to the State. ‘(2) The unexplained wealth order may be enforced as if it were a money order made by the Supreme Court in a civil proceeding taken by the State against the person for the recovery of the amount payable under the unexplained wealth order. Page 32 2013 Act No. 21

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 3 Amendment of Criminal Proceeds Confiscation Act 2002 [s 40] ‘89N Enforcement of order against property under effective control ‘(1) The State may apply to the Supreme Court for an order declaring that particular property is under the effective control of a person against whom the court has made an unexplained wealth order (the controlling person ). ‘(2) The commission or, if the application is made for the State by a police officer, the commissioner of the police service must give the following persons written notice of the application— (a) the controlling person; (b) anyone else the commission or the commissioner of the police service considers may have an interest in the property. ‘(3) The controlling person, and anyone else who claims an interest in the property, may appear at the hearing of the application. ‘(4) If the court is satisfied that the property is under the effective control of the controlling person, the court may make an order declaring that the property is available to satisfy the unexplained wealth order to the extent to which other property of the controlling person is not readily available for the purpose. ‘(5) The unexplained wealth order may be enforced against the property to the extent stated in the declaration. ‘(6) The court may also make a restraining order in relation to the property. ‘(7) The absence of a person required to be given notice of the application does not prevent the court from making the order. ‘(8) Subsection (5) does not apply to property that is the subject of a hardship order. ‘89O Charge on property ‘(1) On the making of an unexplained wealth order against a person, all the interests of the person in property are, while the 2013 Act No. 21 Page 33

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 3 Amendment of Criminal Proceeds Confiscation Act 2002 [s 40] amount payable under the order remains unpaid, charged in favour of the State to the extent necessary to secure payment of the amount. ‘(2) A charge created under subsection (1)— (a) is subject to every encumbrance on the property that came into existence before the charge and that would, apart from this paragraph, have priority over the charge; and (b) has priority over all other encumbrances; and (c) is not affected by any change of ownership of the interest charged, unless the charge stops having effect under subsection (3); and (d) is declared to be a statutory interest to which the Personal Property Securities Act 2009 (Cwlth), section 73(2) applies. ‘(3) The charge stops having effect if any of the following happens— (a) the unexplained wealth order is discharged on an appeal against the making of the order; (b) the amount payable to the State is paid; (c) the relevant person becomes bankrupt; (d) the interest charged is sold or otherwise disposed of under this Act other than— (i) under a condition of a restraining order under this chapter, chapter 2A or chapter 3; or (ii) by order of the Supreme Court under section 46, 93ZP or 138; (e) the interest charged is sold to a purchaser for sufficient consideration who, at the time of purchase, had no notice of the charge; (f) a hardship order is made excluding property from the operation of the charge. Page 34 2013 Act No. 21

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 3 Amendment of Criminal Proceeds Confiscation Act 2002 [s 40] ‘(4) If a law, whether or not a law of the State, provides for the registration of title to, interests in, or charges over, property charged under subsection (1), the public trustee or an appropriate officer may cause the charge to be registered under that law. ‘(5) For subsection (4), it is declared that the charge may be registered under the Land Act 1994 or the Land Title Act 1994 over the property of the relevant person. ‘(6) The public trustee or the appropriate officer may lodge a request with the registrar for the registration of the charge. ‘(7) The request must be in the appropriate form. ‘(8) The registrar must register the charge over the land on lodgement of— (a) the request; and (b) a certificate of the public trustee or the appropriate officer stating there is a charge over the land under this section for the amount payable under the unexplained wealth order that is unpaid. ‘(9) As soon as practicable after the amount payable under the unexplained wealth order has been paid or the charge otherwise stops having effect under subsection (3), the public trustee or the appropriate officer must lodge a request with the registrar in the appropriate form to release the charge. ‘(10) The registrar must register the release of the charge over the land. ‘(11) In this section— relevant person means the person against whom the unexplained wealth order is made. ‘89P Effect of other actions on unexplained wealth order ‘(1) The quashing of a conviction of a serious criminal offence in relation to the serious crime related activity that formed the basis of an unexplained wealth order does not affect the validity of the order. 2013 Act No. 21 Page 35

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 3 Amendment of Criminal Proceeds Confiscation Act 2002 [s 40] ‘(2) If an unexplained wealth order is made against a deceased, the order has effect before final distribution of the estate as if the person had died the day after the making of the order. ‘Division 4 Hardship orders ‘89Q Application for hardship order ‘(1) A dependant of the person against whom an unexplained wealth order is made may apply to the Supreme Court for a hardship order. ‘(2) Unless the court gives leave under section 89R, the application must be made within 3 months after— (a) for property the subject of an order under section 89N(4)—the day the order is made; or (b) for property the subject of a charge under section 89O—the day the unexplained wealth order is made. ‘(3) For each application under this section, including an application for leave, the applicant must give the State and anyone else who has an interest in the property written notice of— (a) the making of the application; and (b) the grounds for the application, including, for an application for a hardship order, a description of the property the subject of an order under section 89N(4) or a charge under section 89O that the application relates to; and (c) the facts relied on. ‘(4) The grounds for the application and the facts relied on must be stated fully in the notice. ‘(5) The notice must be given at least 28 days before the day set for hearing the application. ‘(6) The written notice must be accompanied by any affidavit the applicant intends to rely on at the hearing of the application. Page 36 2013 Act No. 21

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 3 Amendment of Criminal Proceeds Confiscation Act 2002 [s 40] ‘(7) The State must be a party to the application. ‘(8) Anyone else who is given notice of the application may appear at the hearing of the application. ‘(9) If the State proposes to oppose the application, the State must give the applicant notice of intention to oppose the application. ‘(10) The State must give the applicant notice of the grounds for opposing the application. ‘89R When Supreme Court may give leave for s 89Q ‘The Supreme Court may give leave to apply for a hardship order after the end of the period mentioned in section 89Q(2) if it is satisfied the delay in applying was not because of the applicant’s neglect. ‘89S Making of hardship order ‘(1) The Supreme Court may, on an application under section 89Q, make an order ( hardship order ) excluding special property from the operation of an order under section 89N(4) or a charge under section 89O if it is satisfied— (a) the applicant is a dependant of the person against whom the unexplained wealth order was made; and (b) the operation of the order under section 89N(4) or charge under section 89O will cause hardship to the dependant. ‘(2) However, the court must not make a hardship order in favour of an adult dependant of the person against whom an unexplained wealth order was made unless the court is satisfied the dependant had no knowledge of the serious crime related activity which formed the basis of the unexplained wealth order. ‘(3) In this section— special property means— 2013 Act No. 21 Page 37

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 3 Amendment of Criminal Proceeds Confiscation Act 2002 [s 40] (a) any property, if the last change of ownership resulted from the death of someone other than the person against whom the unexplained wealth order was made; or Example — property given under a will (b) property that is or was the dependant’s principal place of residence, if— (i) the last change of ownership of the property was at least 6 years before the serious crime related activity which formed the basis of the unexplained wealth order started happening; and (ii) the property was occupied by the dependant as his or her principal place of residence for a consecutive period of 2 years during the 6-year period mentioned in subparagraph (i). ‘89T Property not to be disposed of during hardship order period ‘(1) During the hardship order period, the State must not, without the leave of the Supreme Court— (a) dispose of— (i) property the subject of an order under section 89N(4); or (ii) property the subject of a charge under section 89O; or (b) authorise anyone else to dispose of property mentioned in paragraph (a). ‘(2) In this section— hardship order period means the period of 3 months starting on the later of— (a) the day the following order was made— (i) for property the subject of an order under section 89N(4)—that order; Page 38 2013 Act No. 21

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 3 Amendment of Criminal Proceeds Confiscation Act 2002 [s 41] (ii) for property the subject of a charge under section 89O—the unexplained wealth order; or (b) the day on which all proceedings relating to hardship orders are finally decided.’. 41 Amendment of s 90 (Serious crime related activity can form basis of a number of orders) (1) Section 90(2) and (3), after ‘assessment order’— insert— ‘or an unexplained wealth order’. (2) Section 90— insert — ‘(4) However, a proceeds assessment order and an unexplained wealth order can not both be made on the basis of the same serious crime related activity of a person. ‘(5) If the State has unsuccessfully applied— (a) for a proceeds assessment order on the basis of a person’s serious crime related activity—the State can not apply for an unexplained wealth order against the person on the basis of the same serious crime related activity; or (b) for an unexplained wealth order on the basis of a person’s serious crime related activity—the State can not apply for a proceeds assessment order against the person on the basis of the same serious crime related activity.’. 42 Insertion of new ch 2A After chapter 2— insert— 2013 Act No. 21 Page 39

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 3 Amendment of Criminal Proceeds Confiscation Act 2002 [s 42] ‘Chapter 2A Serious drug offender confiscation order scheme ‘Part 1 Preliminary ‘93A Explanation of ch 2A ‘(1) This chapter enables proceedings to be started for the forfeiture of particular property of, or gifts given to someone else during a particular period by, a person who has been convicted of a qualifying offence for which a serious drug offence certificate has been issued. ‘(2) It does this by enabling the Supreme Court, as a preliminary step, to make a restraining order preventing particular property being dealt with without the court’s leave. ‘(3) Also, it allows— (a) the person against whom a serious drug offender confiscation order is made to keep protected property; and (b) a dependant of the person against whom a serious drug offender confiscation order is made to seek relief from the Supreme Court on the basis of hardship resulting from the order. ‘93B Application of ch 2A ‘(1) This chapter applies in relation to a qualifying offence, or a pre-qualifying offence, for which a person is charged after the commencement, whether the offence was committed before or after the commencement. ‘(2) In this section— commencement means the commencement of this section. Page 40 2013 Act No. 21

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 3 Amendment of Criminal Proceeds Confiscation Act 2002 [s 42] ‘Part 2 Interpretation ‘93C Definitions for ch 2A ‘In this chapter— cancelled , in relation to a serious drug offence certificate, means cancelled under the Penalties and Sentences Act 1992 , section 161K. category A offence see the Penalties and Sentences Act 1992 , section 161F. category B offence see the Penalties and Sentences Act 1992 , section 161F. category C offence see the Penalties and Sentences Act 1992 , section 161F. convicted , of a qualifying offence or a pre-qualifying offence, means convicted of the offence within the meaning of the Penalties and Sentences Act 1992 , section 4. effective control , of property, see section 93D. issued , in relation to a serious drug offence certificate, means issued under the PenaltiesandSentencesAct1992 , section 161G. pre-qualifying offence see section 93F. prescribed respondent see— (a) for part 3—section 93G; or (b) for part 4—section 93ZZ(1). protected property , of a person, see section 93E. qualifying offence see section 93F. serious drug offence certificate see the PenaltiesandSentences Act 1992 , section 161G. serious drug offender confiscation order see section 93ZY. 2013 Act No. 21 Page 41

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 3 Amendment of Criminal Proceeds Confiscation Act 2002 [s 42] ‘93D Meaning of effective control ‘(1) Effective control , of property, has the same meaning as in section 20. Note — The definition of property is given by the Acts Interpretation Act 1954 , section 36. ‘(2) For subsection (1), a reference in section 20 to chapter 2 is taken to be a reference to this chapter. ‘93E Meaning of protected property ‘(1) For this chapter, protected property , of a person, means property of the person of a kind mentioned in a relevant provision that would not, if the person became a bankrupt under the Bankruptcy Act 1966 (Cwlth), be divisible amongst the person’s creditors. ‘(2) A regulation may make provision for how the Bankruptcy Act 1966 (Cwlth), section 116(2) is to apply for the purpose of subsection (1). ‘(3) In this section— relevant provision means the following provisions of the Bankruptcy Act 1966 (Cwlth)— (a) section 116(2)(b)(i); (b) section 116(2)(ba); (c) section 116(2)(c)(i); (d) section 116(2)(ca); (e) section 116(2)(g). ‘(4) For subsection (3), definition relevant provision , paragraph (b), section 116(2)(ba)(iii) is to be disregarded. ‘93F Meaning of qualifying offence and pre- qualifying offence ‘(1) A category A offence is a qualifying offence . Page 42 2013 Act No. 21

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 3 Amendment of Criminal Proceeds Confiscation Act 2002 [s 42] ‘(2) Also, a category B offence or category C offence is a qualifying offence if— (a) the offence is committed by a person within 7 years after committing the following offences ( pre-qualifying offences )— (i) 2 category B offences; (ii) 2 category C offences; (iii) 1 category B offence and 1 category C offence; and (b) a serious drug offence certificate is issued and has not been cancelled for each pre-qualifying offence. ‘(3) For subsection (2), if an offence has been committed over a period of time, the offence is taken to have been committed on the day the person starts committing the offence. ‘(4) Subsection (5) applies if— (a) an offence (a relevant offence ) is a qualifying offence or pre-qualifying offence on the basis of which a serious drug offender confiscation order has been made; and (b) the serious drug offender confiscation order has not been discharged under part 4, division 5. ‘(5) Despite subsections (1) and (2), the relevant offence can not be a qualifying offence or pre-qualifying offence for the purposes of a later serious drug offender confiscation order. ‘Part 3 Restraining orders ‘Division 1 Interpretation ‘93G Definition for pt 3 ‘In this part— 2013 Act No. 21 Page 43

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 3 Amendment of Criminal Proceeds Confiscation Act 2002 [s 42] prescribed respondent means a person who— (a) is about to be, or has been, charged with the qualifying offence to which an application for a restraining order or a restraining order relates; or (b) has been convicted of a qualifying offence. ‘Division 2 Making and hearing of application for restraining order ‘93H Application for restraining order ‘(1) The State may apply to the Supreme Court for an order ( restraining order ) restraining any person from dealing with property stated in the order (the restrained property ) other than in a stated way or in stated circumstances. ‘(2) If the application is made in urgent circumstances or the prescribed respondent is about to be charged with a qualifying offence, the application may be made without notice to the prescribed respondent or anyone else to whom it relates. ‘(3) The application must be supported by an affidavit of an authorised commission officer or a police officer. ‘(4) The application may relate to all or any of the following property— (a) for property of a prescribed respondent— (i) stated property; or (ii) a stated class of property; or (iii) all property; or (iv) all property other than stated property; or (v) all or stated property acquired after the restraining order is made; (b) stated property, or a stated class of property, of a stated person, other than a prescribed respondent. Page 44 2013 Act No. 21

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 3 Amendment of Criminal Proceeds Confiscation Act 2002 [s 42] ‘(5) The court may refuse to consider the application until the applicant gives the court all the information the court requires about the application in the way the court requires. Example — The court may require additional information supporting the application to be given by affidavit or statutory declaration. ‘93I Affidavit—general requirements ‘The affidavit of the authorised commission officer or police officer must state the following— (a) the qualifying offence on which the application is based; (b) the officer suspects the prescribed respondent committed the qualifying offence and the reason for the suspicion; (c) if the qualifying offence is a category B offence—details of the pre-qualifying offences; (d) if the qualifying offence is a category C offence— (i) details of the pre-qualifying offences; and (ii) the officer suspects the prescribed respondent committed the qualifying offence with a commercial purpose and the reason for the suspicion; (e) details of the property sought to be restrained; (f) the officer suspects the property sought to be restrained is the property of the person mentioned in the affidavit and the reason for the suspicion. ‘93J Particular requirements for affidavit relating to relevant property that is not prescribed respondent’s property ‘(1) This section applies only if an authorised commission officer’s or a police officer’s affidavit relates to property of someone other than the prescribed respondent. ‘(2) This section is in addition to section 93I. 2013 Act No. 21 Page 45

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 3 Amendment of Criminal Proceeds Confiscation Act 2002 [s 42] ‘(3) The officer’s affidavit must state— (a) the officer suspects that the property is either— (i) under the prescribed respondent’s effective control; or (ii) a gift given by the prescribed respondent to someone else within 6 years before the prescribed respondent was charged with the qualifying offence; and (b) the reason for the suspicion. ‘93K Notice of application for restraining order ‘(1) Subject to section 93L(2), the State must give the following persons notice of the application— (a) each person whose property is the subject of the application; (b) anyone else the authorised commission officer or police officer whose affidavit supports the application considers has an interest in the property. Note — Under the Uniform Civil Procedure Rules 1999 , an application filed in a court must be served on each respondent at least 3 business days before the day set for hearing the application. ‘(2) Notice given under subsection (1)(a) must be accompanied by a copy of the affidavit supporting the application. ‘(3) Notice given under subsection (1)(b) must include a statement informing the person that if the person asks, the person will be given a copy of the affidavit supporting the application. ‘93L Hearing of application ‘(1) The Supreme Court must not hear an application for a restraining order unless satisfied the person whose property is the subject of the application has received reasonable notice of the application. Page 46 2013 Act No. 21

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 3 Amendment of Criminal Proceeds Confiscation Act 2002 [s 42] ‘(2) Despite subsection (1), the court must consider the application without notice having been given if an appropriate officer asks the court to do so. ‘(3) However, the Supreme Court may, at any time before finally deciding the application, direct the State to give notice of the application to a stated person or class of persons in the way and within the time the court considers appropriate. ‘(4) A person whose property is the subject of the application, and anyone else who claims to have an interest in the property, may appear at the hearing of the application. ‘Division 3 Making restraining orders ‘93M Making restraining order ‘(1) The Supreme Court must make a restraining order in relation to property if, after considering the application and the relevant affidavit, it is satisfied— (a) the application relates to a prescribed respondent; and (b) there are reasonable grounds for the suspicions on which the application is based. ‘(2) However, the court may refuse to make the order if— (a) the court is satisfied in the particular circumstances it is not in the public interest to make the order; or (b) the State fails to give the court the undertakings the court considers appropriate for the payment of damages or costs, or both, in relation to the making and operation of the order. ‘(3) The commission or, if the application is made by a police officer, the commissioner of the police service may give the court the undertakings the court requires. ‘(4) The court may make a restraining order in relation to a prescribed respondent who is about to be charged with a qualifying offence only if the court is satisfied the prescribed 2013 Act No. 21 Page 47

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 3 Amendment of Criminal Proceeds Confiscation Act 2002 [s 42] respondent will be charged with the qualifying offence within the next 48 hours. ‘(5) The making of a restraining order does not prevent the person whose property is restrained under the order from giving Legal Aid a charge over the property as a condition of an approval to give legal assistance under the Legal Aid Act in relation to— (a) a proceeding under this Act; or (b) a criminal proceeding in which the person is a defendant, including any proceeding on appeal against conviction or sentence. ‘93N Absence of risk does not prevent making of order ‘The Supreme Court may make a restraining order against property whether or not there is a risk of the property being dealt with in a way that would defeat the operation of this Act. ‘93O Conditions of restraining order ‘(1) It is a condition of every restraining order that the person whose property is restrained under the order must preserve the property. ‘(2) The Supreme Court may impose the other conditions the court considers appropriate, including, but not limited to, the following— (a) a condition about who is to have possession of the property; (b) a condition of a kind mentioned in section 93P or 93Q. ‘93P Conditions about dealing with property by agreement ‘The Supreme Court may impose a condition authorising the commission or, if the application is made by a police officer, the commissioner of the police service to agree to— Page 48 2013 Act No. 21

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 3 Amendment of Criminal Proceeds Confiscation Act 2002 [s 42] (a) the disposal of the property restrained under the restraining order by its owner to enable the proceeds of the disposal to be applied to satisfy all or part of a debt payable under another order made under this Act; or (b) the application of the property by its owner to satisfy all or part of a debt payable under another order made under this Act. ‘93Q Conditions about particular payments out of restrained property ‘(1) The Supreme Court may impose a condition providing for all or any of the following to be paid out of the property of a particular person, or a stated part of the person’s property, restrained under the restraining order— (a) the person’s reasonable living expenses and reasonable business expenses; (b) the reasonable living expenses of any of the person’s dependants; (c) a stated debt incurred in good faith by the person. ‘(2) Subsection (1) is the only provision of this chapter under which provision may be made for the payment of expenses or a debt mentioned in subsection (1). ‘(3) Also, subsection (1) applies only if the court is satisfied the person can not meet the expenses or debt out of property that is not restrained under the order and the person has no source of income to meet the expenses or debt. ‘(4) Further, subsection (1) does not authorise the imposition of a condition providing for the payment of a person’s legal expenses that are expenses payable because— (a) the person is a party to a proceeding under this Act; or (b) the person is a defendant in a criminal proceeding, including any proceeding on appeal against a conviction or sentence. 2013 Act No. 21 Page 49

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 3 Amendment of Criminal Proceeds Confiscation Act 2002 [s 42] ‘93R Restraining order may direct public trustee to take control of property ‘If the Supreme Court considers the circumstances require it, the court may, in a restraining order or a later order, direct the public trustee to take control of some or all of the property restrained under the order. ‘93S Duration of restraining order ‘(1) A restraining order made on an application made without notice to the person to whom it relates is in force for the period of not more than 7 days stated in the order or, if no period is stated, 7 days after it is made. ‘(2) However, a restraining order made on the basis that the prescribed respondent is about to be charged with a qualifying offence lapses if the person is not charged with the offence or a related offence within 48 hours after the order is made. ‘(3) Otherwise, a restraining order is in force for the period stated in the order or, if no period is stated, for 1 year after it is made. ‘(4) This section applies subject to division 8. ‘(5) In this section— related offence means an offence that would have been a qualifying offence when the restraining order was made. ‘Division 4 Making other orders ‘93T Supreme Court may make other orders ‘(1) The Supreme Court may make the other orders in relation to a restraining order the court considers appropriate, including, but not limited to, orders mentioned in sections 93V and 93W. ‘(2) However, section 93V(1)(f) is the only provision of this chapter under which provision may be made for the payment of legal expenses that are expenses payable because— (a) the person is a party to a proceeding under this Act; or Page 50 2013 Act No. 21

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 3 Amendment of Criminal Proceeds Confiscation Act 2002 [s 42] (b) the person is a defendant in a criminal proceeding, including any proceeding on appeal against a conviction or sentence. ‘(3) The court may make an order under this section— (a) when making the restraining order or, on application, at a later time; and (b) whether or not it affects a person whose property is restrained under the restraining order. ‘(4) Any of the following may apply for an order, other than an investigation order, under this section— (a) the State; (b) the prescribed respondent; (c) a person whose property is restrained under the restraining order; (d) if the restraining order directs the public trustee to take control of the restrained property under the restraining order—the public trustee. ‘(5) Another person may apply for an order, other than an investigation order, under this section with the Supreme Court’s leave. ‘(6) An applicant under subsection (4) must give notice of the making of the application to each other person who may apply under subsection (4) for an order under this section. ‘(7) An applicant under subsection (5) must give notice of the making of the application to each person who may apply under subsection (4) for an order under this section. ‘(8) The State may apply for an investigation order. ‘(9) The State must give notice of an application under subsection (8) to— (a) the person to whom the order is to be directed if the order is to be made under section 93W(1)(a), (b), or (c); or 2013 Act No. 21 Page 51

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 3 Amendment of Criminal Proceeds Confiscation Act 2002 [s 42] (b) the person whose property is to be seized if the order is made under section 93W(1)(d). ‘(10) Subsections (6), (7) and (9) do not apply to an application for an order under this section made in a proceeding on an application for a restraining order that is made without notice to any person to whom it relates. ‘(11) Also, subsection (9) does not apply to an application for an investigation order of which notice does not have to be given because of section 93U(2). ‘93U Hearing of application ‘(1) The Supreme Court must not hear an application for an order under section 93T unless satisfied the person who is, or whose property is, the subject of the application has received reasonable notice of the application. ‘(2) Despite subsection (1), the court must consider an application for an investigation order without notice having been given if the DPP asks the court to do so. ‘(3) However, the Supreme Court may, at any time before finally deciding the application, direct the State to give notice of the application to a stated person or class of persons in the way, and within the time, the court considers appropriate. ‘(4) A person who is, or whose property is, the subject of the application, and anyone else who claims to have an interest in the property, may appear at the hearing of the application. ‘93V Administration orders Supreme Court may make ‘(1) The court may make any of the following orders under section 93T— (a) an order varying the property restrained under the restraining order; (b) an order imposing additional conditions on the restraining order or varying a condition of the order; Page 52 2013 Act No. 21

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 3 Amendment of Criminal Proceeds Confiscation Act 2002 [s 59] insert— ‘, or a serious drug offender confiscation order,’. (3) Section 265(1)(c), after ‘the forfeiture order’— insert— ‘, serious drug offender confiscation order’. (4) Section 265(1)— insert— ‘(d) a serious drug offence certificate.’. 59 Insertion of new ch 12, pt 4 Chapter 12— insert— ‘Part 4 Transitional provisions for Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug Offender Confiscation Order) Amendment Act 2013 ‘290 Definitions for pt 4 ‘In this part— amendment Act means the Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug Offender Confiscation Order) Amendment Act 2013. commencement means the commencement of this section. 2013 Act No. 21 Page 93

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 3 Amendment of Criminal Proceeds Confiscation Act 2002 [s 59] ‘291 Transitional provision for ss 28, 29 and 58A ‘Sections 28(4), 29 and 58A as amended by the amendment Act do not apply to an application for a restraining order or forfeiture order made before the commencement. ‘292 Hardship order provisions do not apply in relation to existing proceeds assessment orders etc. ‘(1) This section applies if, before the commencement— (a) an application for a proceeds assessment order is made but has not been decided; or (b) a proceeds assessment order has been made. ‘(2) The following provisions as inserted or amended by the amendment Act do not apply in relation to the application or order— (a) section 77(2); (b) section 80A; (c) chapter 2, part 5, division 4. ‘(3) Section 77(2) as in force immediately before the commencement continues to apply to the application. ‘293 Transitional provision for s 90 ‘(1) For section 90(4), a reference to a proceeds assessment order includes a proceeds assessment order made before the commencement. ‘(2) For section 90(5), a reference to an unsuccessful application includes an application unsuccessfully made before the commencement. ‘294 Transitional provision for unexplained wealth orders ‘An unexplained wealth order may be applied for, and made, in relation to— Page 94 2013 Act No. 21

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 3 Amendment of Criminal Proceeds Confiscation Act 2002 [s 60] (a) a serious crime related activity engaged in by a person whether before or after the commencement; or (b) serious crime derived property acquired by a person from someone else whether before or after the commencement.’. 60 Amendment of sch 6 (Dictionary) (1) Schedule 6, definitions applicant , convicted , quash , restrained property and restraining order— omit. (2) Schedule 6— insert— ‘ applicant see— (a) for chapter 2, part 3, division 7, subdivision 2—section 49; or (b) for chapter 2A, part 3, division 7, subdivision 2—section 93ZM; or (c) for chapter 4, part 4, division 2A—section 153A. appropriate form means the appropriate form under the LandAct 1994 or the Land Title Act 1994. boat means a ship within the meaning of the TransportOperations (Marine Safety) Act 1994 that— (a) is registrable under that Act; and (b) has a unique alphanumeric identifier, of at least 14 characters, that is— (i) assigned to the ship by the ship’s manufacturer or under a law of a State; and (ii) permanently attached to, or marked on, the hull of the ship. cancelled , for chapter 2A, see section 93C. category A offence , for chapter 2A, see section 93C. 2013 Act No. 21 Page 95

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 3 Amendment of Criminal Proceeds Confiscation Act 2002 [s 60] category B offence , for chapter 2A, see section 93C. category C offence , for chapter 2A, see section 93C. convicted — (a) for chapter 2A—see section 93C; or (b) otherwise—in relation to a confiscation offence, means convicted of the offence within the meaning of section 106. current or previous wealth see section 89E. dependant , of a person, means a spouse or child of the person, or a member of the household of the person, dependent for support on the person. hardship order see— (a) for chapter 2, part 5—section 89C; or (b) for chapter 2, part 5A—section 89S; or (c) for chapter 2A—section 93ZZQ. issued , for chapter 2A, see section 93C. motor vehicle , for chapter 2, chapter 2A and chapter 3— (a) means a land vehicle that moves on wheels and is propelled by a motor that is part of the vehicle; and (b) includes a caravan or trailer designed to be attached to, or drawn by, a motor vehicle of a type mentioned in paragraph (a); and (c) does not include the following— (i) a vehicle designed for use primarily in the mining industry; (ii) farm machinery; (iii) a vehicle designed for use on a railway or tramway. outboard motor means an internal combustion engine that— (a) has a propeller and an engine number; and Page 96 2013 Act No. 21

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 3 Amendment of Criminal Proceeds Confiscation Act 2002 [s 60] (b) is designed to be attached to the stern of a boat and used to propel a boat. pre-qualifying offence see section 93F. property seizure order see— (a) for chapter 2—section 38A(1)(d); or (b) for chapter 2A—section 93W(1)(d). protected property , of a person for chapter 2A, see section 93E. qualifying offence see section 93F. quash — 1 Quash , a conviction, has the meaning given in section 107. 2 However, for chapter 2A, section 107(2)(b) and (c) does not apply. registrar means— (a) for registration under the LandAct1994— the chief executive under that Act; or (b) for registration under the LandTitleAct1994 —the registrar of titles. restrained property means— (a) for chapter 2—property restrained under a restraining order under chapter 2; or (b) for chapter 2A—property restrained under a restraining order under chapter 2A; or (c) for chapter 3—property restrained under a restraining order under chapter 3; or (d) otherwise—property restrained under a restraining order made under chapter 2, chapter 2A or chapter 3. restraining order means— (a) for chapter 2—a restraining order made under chapter 2; or 2013 Act No. 21 Page 97

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 3 Amendment of Criminal Proceeds Confiscation Act 2002 [s 60] (b) for chapter 2A—a restraining order made under chapter 2A; or (c) for chapter 3—a restraining order made under chapter 3; or (d) otherwise—a restraining order made under chapter 2, chapter 2A or chapter 3. serious drug offence certificate see the PenaltiesandSentences Act 1992 , section 161G. serious drug offender confiscation order see section 93ZY. unexplained wealth see section 89L. unexplained wealth order see section 89F.’. (3) Schedule 6, definition confiscation order — insert — ‘(ba) a serious drug offender confiscation order; or (d) an unexplained wealth order.’. (4) Schedule 6, definition confiscation order , paragraphs (ba) to (d)— renumber as paragraphs (c) to (e). (5) Schedule 6, definition examination order— insert— ‘(aa) for chapter 2A—section 93W; or’. (6) Schedule 6, definition examination order , paragraphs (aa) and (b)— renumber as paragraphs (b) and (c). (7) Schedule 6, definition investigation order— insert— ‘(aa) for chapter 2A—section 93W; or’. (8) Schedule 6, definition investigation order , paragraphs (aa) and (b)— renumber as paragraphs (b) and (c). Page 98 2013 Act No. 21

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 3 Amendment of Criminal Proceeds Confiscation Act 2002 [s 60] (9) Schedule 6, definition prescribed respondent — insert— ‘(aa) for chapter 2A, part 3—section 93G; or (ab) for chapter 2A, part 4—section 93ZZ(1); or’. (10) Schedule 6, definition prescribed respondent , paragraphs (aa) to (e) — renumber as paragraphs (b) to (g). (11) Schedule 6, definition property , paragraph (b), after ‘2’— insert — ‘or 2A’. (12) Schedule 6, definition property particulars order — insert— ‘(aa) for chapter 2A—section 93W; or’. (13) Schedule 6, definition property particulars order , paragraphs (aa) and (b)— renumber as paragraphs (b) and (c). (14) Schedule 6, definition serious drug offence , ‘ serious ’— omit, insert— ‘ major ’. (15) Schedule 6, definition suspects , after ‘2,’— insert— ‘2A,’. 2013 Act No. 21 Page 99

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 4 Amendment of Penalties and Sentences Act 1992 [s 61] Part 4 Amendment of Penalties and Sentences Act 1992 61 Act amended This part amends the Penalties and Sentences Act 1992. 62 Amendment of s 4 (Definitions) (1) Section 4— insert— ‘ authorised officer , for part 9C, means the director of public prosecutions, a deputy director of public prosecutions, or a lawyer appointed to assist the director of public prosecutions in the performance of the functions of the director of public prosecutions under part 9C. category A offence see section 161F. category B offence see section 161F. category C offence see section 161F. most serious related offence see section 161G. related offences see section 161G. serious drug offence means a category A offence, category B offence or category C offence. serious drug offence certificate see section 161G.’. (2) Section 4, definition proper officer , after ‘made’— insert— ‘or certificate issued’. 63 Insertion of new pt 9C After part 9B— insert— Page 100 2013 Act No. 21

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 4 Amendment of Penalties and Sentences Act 1992 [s 63] ‘Part 9C Serious drug offences ‘Division 1 Interpretation ‘161F Meaning of category A offence , category B offence and category C offence ‘(1) An offence is a category A offence if the offence is against a provision listed in schedule 1B, part 1, column 1. ‘(2) An offence is a category B offence if the offence is— (a) against a provision listed in schedule 1B, part 2, column 1; and (b) either— (i) no relevant circumstance is listed in column 3; or (ii) the relevant circumstance listed for the provision in column 3 applies in relation to the offence. ‘(3) An offence is a category C offence if— (a) the offence is against a provision listed in schedule 1B, part 3, column 1; and (b) the relevant circumstance listed for the provision in column 3 applies in relation to the offence. ‘(4) Column 2 of schedule 1B gives the headings of the provisions mentioned in column 1 of the schedule, and is for information only. ‘Division 2 Issue of serious drug offence certificates ‘161G Issue of serious drug offence certificate ‘(1) When a court is imposing a sentence on an offender who is convicted of a serious drug offence, the court must issue a certificate (a serious drug offence certificate ) for each serious drug offence of which the offender is convicted. 2013 Act No. 21 Page 101

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 4 Amendment of Penalties and Sentences Act 1992 [s 63] Notes — 1 For provisions about the use of serious drug offence certificates in relation to forfeiture of property, see the CriminalProceedsConfiscation Act 2002 , chapter 2A. 2 Section 161M provides for the process to be followed by the proper officer of the court on the issue of a serious drug offence certificate. ‘(2) Subsection (3) applies if— (a) the court is sentencing the offender for 2 or more serious drug offences ( related offences ); and (b) the court is satisfied on the balance of probabilities that the offences arise out of a single course of conduct. Example for subsection (2) — An offender is convicted of producing a dangerous drug, possessing a dangerous drug and possessing things used in connection with the production of a dangerous drug and the 3 offences arise from the production of the same dangerous drug. ‘(3) Despite subsection (1), the court must issue a serious drug offence certificate only for the most serious related offence of which the person is convicted. ‘(4) For subsection (3), the most serious related offence of which the person is convicted is— (a) the related offence that belongs to the highest category mentioned in schedule 1B, with category A being the highest; or (b) if more than 1 related offence belongs to the same category mentioned in schedule 1B—the offence that was committed first. ‘(5) For subsection (4)(b), if an offence has been committed over a period of time, the date of commission of the offence is the date the person started committing the offence. ‘(6) The court must hear any submission made by the offender or an authorised officer about the issue of the serious drug offence certificate. ‘(7) If the court has made a finding of fact that the offender committed a category C offence with a commercial purpose— Page 102 2013 Act No. 21

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 4 Amendment of Penalties and Sentences Act 1992 [s 63] (a) the court must record this finding on the certificate; and (b) a sentencing judge or magistrate must sign the certificate to confirm the finding. ‘(8) This section applies subject to section 161I. Note — Section 161I applies if a court is later sentencing the offender for a serious drug offence and the court is satisfied that the offence is a related offence in relation to an offence for which a serious drug offence certificate has already been issued. The later offence is taken to be a related offence. Instead of issuing a further serious drug offence certificate for the later offence, the court must amend the serious drug offence certificate. ‘161H Content of serious drug offence certificate ‘A serious drug offence certificate must be in the approved form and must state the following— (a) the name of the offender; (b) the serious drug offence for which the certificate is issued; (c) whether the offence was a category A offence, category B offence or category C offence; (d) the date the certificate was issued; (e) a list of any related offences for which the court did not issue a serious drug offence certificate under section 161G(3) or section 161I(2), in the order of seriousness of the related offences. ‘161I Amendment of certificate by court to include related offence for which offender is sentenced later ‘(1) This section applies if— (a) a court is imposing a sentence on an offender for a serious drug offence (the later offence ); and 2013 Act No. 21 Page 103

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 4 Amendment of Penalties and Sentences Act 1992 [s 63] (b) a serious drug offence certificate has already been issued by a court for a serious drug offence (the earlier offence ) of which the person is convicted; and (c) the court is satisfied on the balance of probabilities the later offence would be a related offence in relation to the earlier offence if the offender had been sentenced for both offences at the same time. ‘(2) The later offence is taken to be a related offence in relation to the earlier offence and any other related offences for which a serious drug offence certificate was not issued under section 161G(3). ‘(3) The court must amend the serious drug offence certificate issued for the earlier offence— (a) if the later offence is the most serious related offence—so the certificate is issued for the later offence and to list the earlier offence as a related offence for which a serious drug offence certificate is not issued under subsection (2); or (b) otherwise—to list the later offence as a related offence for which a serious drug offence certificate is not issued under subsection (2). ‘(4) The court must hear any submission made by the offender or an authorised officer about whether the later offence is a related offence and how the serious drug offence certificate should be amended. ‘161J Amendment of certificate by proper officer to correct minor error ‘(1) The proper officer of the court that issued a serious drug offence certificate may amend the certificate if the amendment is necessary to correct a minor error. ‘(2) The proper officer may refer the matter to the court for a decision on whether the certificate should be amended and how. Page 104 2013 Act No. 21

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 4 Amendment of Penalties and Sentences Act 1992 [s 63] Note — Section 161M provides for the process to be followed by the proper officer of the court on the amendment of a serious drug offence certificate. ‘161K Amendment by proper officer, or cancellation, of certificate on quashing of conviction or appeal ‘(1) This section applies if— (a) a conviction of the serious drug offence for which a serious drug offence certificate is issued is quashed; or (b) a category B offence or a category C offence for which a serious drug offence certificate is issued is, following an appeal, no longer either a category B offence or a category C offence. Example for paragraph (b) — Because of a finding made by an appeal court, a relevant circumstance mentioned in schedule 1B, column 3 no longer applies to a category B offence or category C offence. ‘(2) Subject to subsection (4), the serious drug offence certificate is taken to be cancelled and can not be used in a proceeding under the Criminal Proceeds Confiscation Act 2002. ‘(3) Subsection (4) applies if— (a) related offences for which a serious drug offence certificate was not issued under section 161G(3) or section 161I(2) are listed on the serious drug offence certificate; and (b) the offender’s conviction of 1 or more of the related offences has not been quashed. ‘(4) The proper officer of the court that issued the serious drug offence certificate must, on an application by an authorised officer, amend the certificate so it is issued for the next most serious related offence for which the conviction of the offender has not been quashed. 2013 Act No. 21 Page 105

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 4 Amendment of Penalties and Sentences Act 1992 [s 64] Note — Section 161M provides for the process to be followed by the proper officer of the court on the amendment of a serious drug offence certificate. ‘(5) The proper officer may refer the matter to the court for a decision on how the certificate should be amended. ‘161L Effect of amendment of certificate on date of issue ‘(1) This section applies if a certificate is amended under section 161I or section 161K. ‘(2) The certificate is taken to have been issued on the date the certificate is most recently amended. ‘161M Process for issuing or amending certificate ‘(1) This section applies if a court, or the proper officer of a court, issues a serious drug offence certificate under section 161G or amends a serious drug offence certificate under section 161I, 161J or 161K. ‘(2) The proper officer must as soon as reasonably practicable— (a) place a copy of the issued or amended certificate on the court file; and (b) give a copy of the issued or amended certificate to the offender; and (c) give 2 copies of the issued or amended certificate to the director of public prosecutions. ‘(3) The director of public prosecutions must give 1 copy of the issued or amended certificate to the Crime and Misconduct Commission. ‘(4) A copy of a certificate required to be given under subsection (2) or (3) may be given electronically.’. 64 Insertion of new pt 14, div 5 Part 14— Page 106 2013 Act No. 21

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 4 Amendment of Penalties and Sentences Act 1992 [s 65] insert— ‘Division 5 Transitional provision for Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug Offender Confiscation Order) Amendment Act 2013 ‘226 Retrospective application of pt 9C in particular circumstances ‘(1) Part 9C applies in relation to a serious drug offence if the offender is charged with the offence on or after the commencement, regardless of whether the offence was committed before or after the commencement. ‘(2) In this section— commencement means the commencement of this section.’. 65 Insertion of new sch 1B After schedule 1A— insert— ‘Schedule 1B Serious drug offences section 161F ‘Drugs Misuse Act 1986 ‘Part 1 Category A offences Column 1 Section 5 Column 2 Section heading Trafficking in dangerous drugs 2013 Act No. 21 Page 107

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 4 Amendment of Penalties and Sentences Act 1992 [s 65] ‘Part 2 Category B offences Column 1 Section 6(1) Column 2 Section heading Supplying dangerous drugs Column 3 Relevant circumstance The quantity of the dangerous drug is of or exceeds the quantity specified in the Drugs MisuseRegulation 1987 , schedule 3 in respect of that drug. 7 Receiving or possessing property obtained from trafficking or supplying 8 Producing The circumstances mentioned in dangerous drugs paragraph (a), (b), (c) or (d) of the penalty apply. 10B Possession of a prohibited combination of items Page 108 2013 Act No. 21

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 5 Amendment of Police Powers and Responsibilities Act 2000 [s 66] ‘Part 3 Category C offences Column 1 Section 8 9 Column 2 Section heading Producing dangerous drugs Possessing dangerous drugs Column 3 Relevant circumstance The circumstances mentioned in paragraph (e) of the penalty apply and the court has made a finding of fact that the offender committed the offence with a commercial purpose. Note — See the EvidenceAct1977 , section 132C. The circumstances mentioned in paragraph (a), (b) or (c) of the penalty apply and the court has made a finding of fact that the offender committed the offence with a commercial purpose. Note — See the Evidence Act 1977 , section 132C. ’. Part 5 Amendment of Police Powers and Responsibilities Act 2000 66 Act amended This part amends the Police Powers and Responsibilities Act2000. 67 Amendment of s 150 (Search warrant application) (1) Section 150(1)(b)— 2013 Act No. 21 Page 109

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 5 Amendment of Police Powers and Responsibilities Act 2000 [s 68] omit, insert— ‘(b) to obtain evidence that may be confiscation related evidence; or’. (2) Section 150(5)(b)— omit, insert— ‘(b) include information required under the responsibilities code about any search warrants issued within the previous year in relation to— (i) for an application relating to SDOCO related evidence—the person convicted of the qualifying offence to which the application relates; or (ii) for another application— (A) the place or a person suspected of being involved in the commission of the offence or suspected offence to which the application relates; or (B) the confiscation related activity to which the application relates.’. 68 Amendment of s 180 (Production notices) (1) Section 180(1)— insert— ‘(c) SDOCO related evidence.’. (2) Section 180(3)(b)— omit, insert— ‘(b) include information required under the responsibilities code about any production notices issued within the previous year in relation to— (i) for an application relating to SDOCO related evidence—the person convicted of the qualifying offence to which the application relates; or Page 110 2013 Act No. 21

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 5 Amendment of Police Powers and Responsibilities Act 2000 [s 69] (ii) for another application—the person suspected of being involved in the commission of the offence or suspected offence or confiscation related activity to which the application relates.’. 69 Amendment of s 190 (Making of production orders) Section 190(4)(b) after ‘82’— insert— ‘or 89L’. 70 Amendment of s 351 (Definitions for div 1) Section 351, definition relevant proceeding , paragraph (f), from ‘for the’— omit, insert— ‘for— (i) the confiscation, forfeiture or restraint of property or for a pecuniary penalty order, an unexplained wealth order or a proceeds assessment order in connection with a serious crime related activity as defined under that Act; or (ii) a serious drug offender confiscation order; or (iii) a special forfeiture order;’. 71 Insertion of new ch 24, pt 14 Chapter 24— insert— 2013 Act No. 21 Page 111

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 5 Amendment of Police Powers and Responsibilities Act 2000 [s 72] ‘Part 14 Transitional provision for Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug Offender Confiscation Order) Amendment Act 2013 ‘877 Application of amendments about confiscation related evidence etc. ‘(1) This section applies if, before the commencement— (a) an application for a relevant order is made but has not been decided; or (b) a relevant order has been made. ‘(2) This Act, as in force immediately before the commencement, continues to apply in relation to the application or order. ‘(3) In this section— commencement means the commencement of this section. relevant order means— (a) a search warrant under section 150; or (b) a production notice under section 181; or (c) a production order under section 192.’. 72 Amendment of sch 3 (Relevant offences for chapter 13 disclosure of information provisions) Schedule 3, entry for CriminalProceedsConfiscationAct2002— insert— ‘• section 93ZD (Offence to contravene examination order)’. Page 112 2013 Act No. 21

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 5 Amendment of Police Powers and Responsibilities Act 2000 [s 73] 73 Amendment of sch 6 (Dictionary) (1) Schedule 6, definitions confiscation order and confiscation related evidence — omit. (2) Schedule 6— insert — ‘ confiscation order means a confiscation order or special forfeiture order under the Confiscation Act. confiscation related evidence — 1 Confiscation related evidence means a thing or evidence of an activity that may be or provide evidence of something for which a proceeding for a confiscation order may be started under the Confiscation Act, chapter 2, chapter 3 or chapter 4 and includes— (a) a thing in which a person has an interest that is serious crime derived property; and (b) a thing in which a person has an interest that is illegally acquired property of a person reasonably suspected of having engaged in a serious crime related activity; and (c) evidence of a serious crime related activity; and (d) evidence of illegal activity of a person reasonably suspected of having engaged in a serious crime related activity; and (e) evidence of a contract— (i) about a depiction of a confiscation offence or alleged confiscation offence; and (ii) from which a person convicted of the offence, or someone else for that person, derives benefits; and (f) evidence of a contract— 2013 Act No. 21 Page 113

Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug OffenderConfiscation Order) Amendment Act 2013 Part 5 Amendment of Police Powers and Responsibilities Act 2000 [s 73] (i) about the expression of thoughts, opinions or emotions about a confiscation offence of a person who has been convicted of the offence; and (ii) from which that person, or someone else for that person, derives benefits; and (g) property that is restrained under a restraining order under the Confiscation Act. 2 The term also includes SDOCO related evidence. qualifying offence see the Confiscation Act, section 93F. SDOCO related evidence means evidence of property that may be subject to forfeiture under a confiscation order for which a proceeding may be started under the Confiscation Act, chapter 2A.’. (3) Schedule 6, definition confiscation related activity , after ‘Act’— insert— ‘other than chapter 2A’. © State of Queensland 2013 Authorised by the Parliamentary Counsel Page 114 2013 Act No. 21