Proceeds of Crime Act 2002

S 213(1) amended by No 4 of 2010, s 3 and Sch 1 items 129 to 132, by inserting " or was " after " is " in paras (a) and (b), omitting " such " after " transactions on " in para (d), inserting " or held " after " hold " in para (e) and inserting paras (ea) and (eb), applicable in relation to notices given under section 213 on or after 20 February 2010, whether the conduct constituting the offence concerned occurred or occurs before, on or after that commencement.

S 213(3) amended by No 89 of 2022, s 3 and Sch 1 item 161, by substituting para (ca), effective 1 July 2023. Para (ca) formerly read:

(ca) the Integrity Commissioner (within the meaning of the Law Enforcement Integrity Commissioner Act 2006 ); or

No 89 of 2022, s 3 and Sch 2 items 26 - 29 contain the following transitional provisions:

26 Transitional - freezing and production orders under the Proceeds of Crime Act 2002  
(1)
This item applies if one of the following orders, issued by a magistrate on application by the Integrity Commissioner or an authorised officer who was a staff member of the ACLEI, was in effect immediately before the transition time:
(a) a freezing order issued under subsection 15B(1) of the Proceeds of Crime Act 2002 ;
(b) a production order issued under subsection 202(1) of that Act.

(2)
The order has effect, after the transition time, as if it had been issued by the magistrate on application by an authorised officer who is a staff member of the NACC.

(3)
To avoid doubt, a reference in this item to a freezing order includes a reference to a freezing order as extended under section 15P of the Proceeds of Crime Act 2002 , or as varied under section 15Q of that Act, before the transition time.
27 Transitional - notices to financial institutions under the Proceeds of Crime Act 2002  
(1)
This item applies if a day specified in a notice given by the Integrity Commissioner under subsection 213(1) of the Proceeds of Crime Act 2002 for compliance with the notice occurs after the transition time.

(2)
The notice has effect, after the transition time, as if it had been given by the National Anti-Corruption Commissioner.
28 Transitional - monitoring orders under the Proceeds of Crime Act 2002  
(1)
This item applies if:
(a) the period during which transactions must have occurred specified in a monitoring order made by a judge of a court of a State or Territory under subsection 219(1) of the Proceeds of Crime Act 2002 had not ended before the transition time; and
(b) the order was made on application by the Integrity Commissioner or an authorised officer who was a staff member of the ACLEI.

(2)
The order has effect, after the transition time, as if it had been made on application by an authorised officer who is a staff member of the NACC.
29 Transitional - search warrants under the Proceeds of Crime Act 2002  
(1)
This item applies if:
(a) a search warrant issued by a magistrate under section 225 of the Proceeds of Crime Act 2002 had not expired and had not been fully executed before the transition time; and
(b) the warrant had been issued on application by the Integrity Commissioner or an authorised officer who was a staff member of the ACLEI.

(2)
The warrant has effect, after the transition time, as if it had been issued by the magistrate on application by an authorised officer who is a staff member of the NACC.

S 213(3) amended by No 41 of 2015, s 3 and Sch 6 item 175, by substituting " *Comptroller-General of Customs " for " Chief Executive Officer of Customs " in para (g), effective 1 July 2015. For transitional provisions, see note under s 223(5) .

S 213(3) amended by No 4 of 2010, s 3 and Sch 1 item 133, by inserting paras (f) to (h), applicable in relation to notices given under section 213 on or after 20 February 2010, whether the conduct constituting the offence concerned occurred or occurs before, on or after that commencement.