Proceeds of Crime Act 2002

CHAPTER 1 - INTRODUCTION  

PART 1-4 - APPLICATION  

Division 2 - The national unexplained wealth provisions  

Subdivision C - Interaction of the national unexplained wealth provisions and orders with State and Territory laws and orders  

SECTION 14L   Concurrent operation of State and Territory laws with national unexplained wealth provisions  

Concurrent operation of laws

14L(1)    
The *national unexplained wealth provisions do not exclude or limit the operation of a law of a State or Territory (including a *special confiscation law) to the extent that the law is capable of operating concurrently with those provisions.

14L(2)    
A *corresponding law of a State or Territory is a special confiscation law while the State is a *participating State or the Territory is a *self-governing Territory.

14L(3)    
Without limiting subsection (1), the *national unexplained wealth provisions do not exclude or limit the concurrent operation of a *special confiscation law merely because:

(a) that law, or an order made under that law:

(i) prevents or restricts a person from disposing of, or dealing with, property (for example, by way of a restraining order made under that law); or

(ii) confiscates or forfeits property of a person (for example, by way of a forfeiture order made under that law); or

(iii) requires the person to pay an amount (for example, by way of an unexplained wealth order made under that law); or

(iv) deals with a matter prescribed by the regulations; and

(b) the national unexplained wealth provisions, or an order made under those provisions, also:

(i) prevent or restrict the person from disposing of, or dealing with, the property (for example, by way of a restraining order under section 20A ); or

(ii) require the person to pay an amount (for example, by way of an *unexplained wealth order); or

(iii) deal with a matter prescribed by the regulations.

14L(4)    
Subsection (3) applies even if the *special confiscation law, or order made under that law, does any one or more of the following:

(a) prevents or restricts a person from disposing of, or dealing with, property in circumstances in which a *restraining order under section 20A could not be obtained to prevent or restrict such disposal or dealing;

(b) prevents or restricts, in particular circumstances, disposal of, or dealing with, more or less property than could be covered by a restraining order under section 20A in those circumstances;

(c) prevents or restricts disposal of, or dealing with, property that is or could be excluded from a restraining order under section 20A ;

(d) confiscates or forfeits, in particular circumstances, property of a greater or lesser value than the *unexplained wealth amount of a person under an *unexplained wealth order that is or could be made in those circumstances;

(e) requires payment of an amount that is greater or lesser than the amount that is or could be payable under an unexplained wealth order;

(f) deals with a matter prescribed by the regulations.

This section does not affect section 14A

14L(5)    
This section does not by implication affect section 14A (which deals with the concurrent operation of this Act, except the *national unexplained wealth provisions, and laws of States and Territories).

Application of this section

14L(6)    
This section applies in relation to the operation of the *national unexplained wealth provisions and a law of a *participating State or *self-governing Territory in the period referred to in subsection (7), including in relation to:

(a) orders that are made under a *special confiscation law in that period in relation to proceedings that are instituted under the special confiscation law before or in that period; and

(b) orders that are made under a special confiscation law before that period and that are in force at any time in that period; and

(c) orders that are made under the national unexplained wealth provisions in that period in relation to proceedings that are instituted under the national unexplained wealth provisions before or in that period.

14L(7)    
For the purposes of subsection (6), the period is as follows:

(a) for a *participating State that has a *referral Act - the period starts at the commencement of this section and ends only if the State ceases to be a participating State, in which case, the period ends at the time the State so ceases;

(b) for a participating State that has an *adoption Act - the period starts at the commencement of the State ' s adoption Act and ends only if the State ceases to be a participating State, in which case, the period ends at the time the State so ceases;

(c) for a *self-governing Territory - the period starts at the commencement of this section and does not end.