Customs and Other Legislation Amendment (Australian Border Force) Act 2015 (41 of 2015)

Schedule 6   Amendments of Acts referring to the CEO of Customs

Proceeds of Crime Act 2002

181   Transitional provisions

(1) A notice mentioned in paragraph 15Q(2)(b) or subsection 15R(2) of the Proceeds of Crime Act 2002 that was given to Customs before the commencement of this item is taken on and after that commencement to have been given to the Immigration and Border Protection Department.

(2) If:

(a) a freezing order under the Proceeds of Crime Act 2002 is made before, on or after the commencement of this item; and

(b) the order is made because of an application made by an authorised officer described in paragraph (c) of the definition of authorised officer in section 338 of that Act, as in force immediately before that commencement;

then, for the purposes of the application of paragraph 15Q(2)(b) or subsection 15R(2) of that Act in relation to that order on and after that commencement, the enforcement agency is taken to be the Immigration and Border Protection Department.

(3) An application referred to in subsection 202(3), 219(4) or 225(3) of the Proceeds of Crime Act 2002 that was made before the commencement of this item by an authorised officer described in paragraph (c) of the definition of authorised officer in section 338 of that Act and that was pending immediately before that commencement is taken on and after that commencement to be an application made by an authorised officer described in paragraph (c) of that definition (as amended by this Schedule).

(4) A notice given by the Chief Executive Officer of Customs before the commencement of this item under subsection 213(1) of the Proceeds of Crime Act 2002 is taken on and after that commencement to have been given under that subsection by the Comptroller-General of Customs.

(5) A monitoring order in force immediately before the commencement of this item that, under paragraph 220(1)(d) of the Proceeds of Crime Act 2002, specifies Customs as the enforcement agency is taken on and after commencement, under that paragraph, to specify the Immigration and Border Protection Department as the enforcement agency.

(6) If, immediately before the commencement of this item, the head of Customs was the responsible custodian of a thing under section 254 of the Proceeds of Crime Act 2002, then on and after that commencement the Comptroller-General of Customs is taken to be the responsible custodian of that thing.