Proceeds of Crime Act 2002

CHAPTER 1 - INTRODUCTION  

PART 1-4 - APPLICATION  

Division 2 - The national unexplained wealth provisions  

Subdivision A - General  

SECTION 14B   Constitutional basis of the national unexplained wealth provisions  

What this section is about

14B(1)    
This section sets out the constitutional basis of the *national unexplained wealth provisions.

National unexplained wealth provisions

14B(2)    
The national unexplained wealth provisions are:

(a) the *main unexplained wealth provisions; and

(b) the *participating jurisdiction information gathering provisions; and

(c) the *unexplained wealth machinery and transitional provisions.

Main unexplained wealth provisions

14B(3)    
The main unexplained wealth provisions are:

(a) section 20A and Part 2-6 ; and

(b) the other provisions of this Act in so far as they relate to that section or that Part; and

(c) instruments made under this Act for the purposes of a provision referred to in paragraph (a) or (b).

Participating jurisdiction information gathering provisions

14B(4)    
The participating jurisdiction information gathering provisions are:

(a) section 14M and Schedule 1 ; and

(b) the other provisions of this Act in so far as they relate to that section or that Schedule; and

(c) instruments made under this Act for the purposes of a provision referred to in paragraph (a) or (b).

Unexplained wealth machinery and transitional provisions

14B(5)    
The unexplained wealth machinery and transitional provisions are:

(a) the following provisions (the main machinery and transitional provisions ):

(i) sections 14A to 14L and 14N ;

(ii) the definitions of adoption Act , amendment reference , cooperating State , express amendment , information gathering , main machinery and transitional provisions , main unexplained wealth provisions , national unexplained wealth provisions , non-participating State , participating jurisdiction information gathering provisions , participating State , post-amended version 1 of this Act , post-amended version 2 of this Act , pre-amended version of this Act, referral Act , relevant law 1 , relevant law 2 , special confiscation law , text reference 1 , text reference 2 , unexplained wealth and unexplained wealth machinery and transitional provisions in section 338 ;

(iii) Schedule 2 ; and

(b) the other provisions of this Act in so far as they relate to any of the main machinery and transitional provisions; and

(c) instruments made under this Act for the purposes of a provision referred to in paragraph (a) or (b).

Application in participating States

14B(6)    
The application of the *national unexplained wealth provisions in a *participating State is based on:

(a) the legislative powers that the Commonwealth Parliament has because of a reference or an adoption by the Parliaments of the participating States under paragraph 51(xxxvii) of the Constitution; and

(b) the other legislative powers that the Commonwealth Parliament has under the Constitution.

Application in non-participating States

14B(7)    
The application of the *national unexplained wealth provisions (other than the *unexplained wealth machinery and transitional provisions) in a *non-participating State is based on:

(a) the legislative powers that the Commonwealth Parliament has under section 51 (other than paragraph 51(xxxvii) ) and section 122 of the Constitution; and

(b) the other legislative powers that the Commonwealth Parliament has under the Constitution.

14B(8)    
The application of the *unexplained wealth machinery and transitional provisions in a *non-participating State that:

(a) was a *participating State because it had referred to the Commonwealth Parliament:

(i) *text reference 1; and

(ii) *text reference 2; and

(iii) the *amendment reference; and

(b) ceased to be a participating State because it terminated either or both of the following:

(i) the referral of text reference 1;

(ii) the referral of the amendment reference; and

(c) has not terminated the referral of text reference 2;

is based on:

(d) the legislative powers that the Commonwealth Parliament has because of the referral of text reference 2 under paragraph 51(xxxvii) of the Constitution; and

(e) the other legislative powers that the Commonwealth Parliament has under the Constitution.

14B(9)    
The application of the *unexplained wealth machinery and transitional provisions in a *non-participating State that:

(a) was a *participating State because it had:

(i) adopted *post-amended version 1 of this Act; and

(ii) adopted *post-amended version 2 of this Act; and

(iii) referred to the Commonwealth Parliament the *amendment reference; and

(b) ceased to be a participating State because it terminated either or both of the following:

(i) the adoption of post-amended version 1 of this Act;

(ii) the referral of the amendment reference; and

(c) has not terminated the adoption of post-amended version 2 of this Act;

is based on:

(d) the legislative powers that the Commonwealth Parliament has because of the adoption of post-amended version 2 of this Act under paragraph 51(xxxvii) of the Constitution; and

(e) the other legislative powers that the Commonwealth Parliament has under the Constitution.

14B(10)    
The application of the *unexplained wealth machinery and transitional provisions in a *non-participating State not covered by subsection (8) or (9) is based on:

(a) the legislative powers that the Commonwealth Parliament has under section 51 (other than paragraph 51(xxxvii) ) and section 122 of the Constitution; and

(b) the other legislative powers that the Commonwealth Parliament has under the Constitution.

Application in a self-governing Territory

14B(11)    
The application of the *national unexplained wealth provisions in a *self-governing Territory is based on:

(a) the legislative powers that the Commonwealth Parliament has under section 122 of the Constitution to make laws for the government of a Territory; and

(b) the other legislative powers that the Commonwealth Parliament has under the Constitution.

Despite section 2H of the Acts Interpretation Act 1901 , the national unexplained wealth provisions as applying in a self-governing Territory are laws of the Commonwealth.

Application outside Australia

14B(12)    
The application of the *national unexplained wealth provisions outside *Australia is based on:

(a) the legislative powers that the Commonwealth Parliament has under paragraph 51(xxix) of the Constitution; and

(b) the legislative powers that the Commonwealth Parliament has under section 51 (other than paragraph 51(xxix) ) and section 122 of the Constitution; and

(c) the other legislative powers that the Commonwealth Parliament has under the Constitution.