Proceeds of Crime Act 2002

CHAPTER 1 - INTRODUCTION  

PART 1-4 - APPLICATION  

Division 2 - The national unexplained wealth provisions  

Subdivision A - General  

SECTION 14C   What is a participating State ?  

Participating State

14C(1)    
A State is a participating State if, for the purposes of paragraph 51(xxxvii) of the Constitution, the Parliament of the State:

(a) has, by its *referral Act, referred to the Commonwealth Parliament:

(i) *text reference 1 (see subsection (2)); and

(ii) *text reference 2 (see subsection (3)); and

(iii) the *amendment reference (see subsection (4));

before the enactment of the Unexplained Wealth Legislation Amendment Act 2018 ; or

(b) has, by its *adoption Act:

(i) adopted *post-amended version 1 of this Act (see subsection (5)); and

(ii) adopted *post-amended version 2 of this Act (see subsection (6)); and

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

after the enactment of the Unexplained Wealth Legislation Amendment Act 2018 .

Text reference 1

14C(2)    
Text reference 1 of a State means the matters to which the *pre-amended version of this Act would relate if *express amendments were made to it in the terms, or substantially in the terms, of *relevant law 1, but excluding matters to which the pre-amended version of this Act otherwise relates.

Text reference 2

14C(3)    
Text reference 2 of a State means the matters to which the *pre-amended version of this Act would relate if *express amendments were made to it in the terms, or substantially in the terms, of *relevant law 2, but excluding matters to which the pre-amended version of this Act otherwise relates.

Amendment reference

14C(4)    
The amendment reference of a State means the matters relating to:

(a) *unexplained wealth (see section 14D ); and

(b) *information gathering (see section 14E );

to the extent of making laws with respect to those matters by making *express amendments of this Act.

Post-amended version 1 of this Act

14C(5)    
Post-amended version 1 of this Act , in relation to the *adoption Act of a State, means this Act as amended by:

(a) *relevant law 1; and

(b) any other *express amendments of this Act that:

(i) were enacted at any time after the enactment of relevant law 1 but before the enactment of the adoption Act; and

(ii) were not amendments of the *main machinery and transitional provisions (see subsection 14B(5) );

to the extent that this Act as so amended is a law with respect to *text reference 1 or the *amendment reference referred to the Commonwealth Parliament by the Parliament of another State for the purposes of paragraph 51(xxxvii) of the Constitution.

Post-amended version 2 of this Act

14C(6)    
Post-amended version 2 of this Act , in relation to the *adoption Act of a State, means this Act as amended by:

(a) *relevant law 2; and

(b) any other *express amendments of this Act that:

(i) were enacted at any time after the enactment of relevant law 2 but before the enactment of the adoption Act; and

(ii) were amendments of the *main machinery and transitional provisions (see subsection 14B(5) );

to the extent that this Act as so amended is a law with respect to *text reference 2 or the *amendment reference referred to the Commonwealth Parliament by the Parliament of another State for the purposes of paragraph 51(xxxvii) of the Constitution.

Certain things do not affect a participating State ' s status

14C(7)    
A State is a participating State even if the State ' s *referral Act or *adoption Act provides that:

(a) the reference to the Commonwealth Parliament of *text reference 1, *text reference 2 or the *amendment reference is to terminate in particular circumstances; or

(b) the adoption of *post-amended version 1 of this Act or *post-amended version 2 of this Act is to terminate in particular circumstances; or

(c) the reference to the Commonwealth Parliament of the amendment reference does not include the matter of including a provision in section 20A or Part 2-6 that:

(i) requires a person pay an amount otherwise than by order of a court; or

(ii) requires or permits property (within the meaning of subsection 14D(2) ) to be restrained, forfeited or seized otherwise than by order of a court; or

(d) the reference to the Commonwealth Parliament of text reference 1, text reference 2 or the amendment reference has effect only:

(i) if and to the extent that the matter is not included in the legislative powers of the Commonwealth Parliament (otherwise than by a reference under paragraph 51(xxxvii) of the Constitution); or

(ii) if and to the extent that the matter is included in the legislative powers of the Parliament of the State.

When a State ceases to be a participating State

14C(8)    
A State ceases to be a participating State if:

(a) in the case where the Parliament of the State has referred to the Commonwealth Parliament *text reference 1 and *text reference 2 - either or both of those references terminate; or

(b) in the case where the Parliament of the State has adopted the *post-amended version 1 of this Act and *post-amended version 2 of this Act - either or both of those adoptions terminate.

14C(9)    
A State ceases to be a participating State if:

(a) the State ' s referral of the *amendment reference terminates; and

(b) subsection (10) does not apply to the termination.

14C(10)    
A State does not cease to be a participating State because of the termination of its referral of the *amendment reference if:

(a) the termination is effected by the Governor of that State fixing a day by proclamation as the day on which the reference terminates; and

(b) the day fixed is no earlier than the first day after the end of the period of 6 months beginning on the day on which the proclamation is published; and

(c) that State ' s amendment reference, and the amendment reference of every other State, terminates on the same day.

Other definitions

14C(11)    
In this Act:

adoption Act
, of a State, means the Act of the State that:

(a) adopts *post-amended version 1 of this Act; and

(b) adopts *post-amended version 2 of this Act; and

(c) refers the *amendment reference to the Commonwealth Parliament.

express amendment
of this Act means the direct amendment of the text of this Act (whether by the insertion, omission, repeal, substitution or relocation of words or matter) by another Commonwealth Act or by an instrument under a Commonwealth Act, but does not include the enactment by a Commonwealth Act of a provision that has, or will have, substantive effect otherwise than as part of the text of this Act.

pre-amended version of this Act
, in relation to the *referral Act of a State, means this Act as originally enacted and as subsequently amended by amendments enacted at any time before the enactment of the referral Act of the State.

referral Act
, of a State, means the Act of the State that refers *text reference 1, *text reference 2 and the *amendment reference to the Commonwealth Parliament.

relevant law 1
means Schedules 2 and 4 to the Unexplained Wealth Legislation Amendment Act 2018 .

relevant law 2
means Schedule 1 to the Unexplained Wealth Legislation Amendment Act 2018 .