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 ):
(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:
(b) ceased to be a participating State because it terminated either or both of the following:
(c) has not terminated the referral of text reference 2;
(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:
(b) ceased to be a participating State because it terminated either or both of the following:
(c) has not terminated the adoption of post-amended version 2 of this Act;
(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.
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.
View history note
Hide history noteWhat 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.
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.
