Crimes Legislation Amendment (Unexplained Wealth and Other Measures) Act 2015 (6 of 2015)

Schedule 1   Unexplained wealth

34   Application of amendments

(1) Section 20A of the Proceeds of Crime Act 2002, as amended by this Schedule, applies in relation to a restraining order applied for under that section on or after the commencement of this item, whether the application relates to:

(a) property or wealth acquired before, on or after that commencement; or

(b) an offence suspected of having been committed before, on or after that commencement.

(2) Sections 45 and 45A of the Proceeds of Crime Act 2002, as amended by this Schedule, apply in relation to a restraining order made on or after the commencement of this item, whether the order relates to:

(a) property or wealth acquired before, on or after that commencement; or

(b) an offence suspected of having been committed before, on or after that commencement.

(3) Sections 179B and 179E of the Proceeds of Crime Act 2002, as amended by this Schedule, apply in relation to an unexplained wealth order applied for on or after the commencement of this item, whether the application relates to wealth acquired before, on or after that commencement.

(4) Section 179N of the Proceeds of Crime Act 2002, as amended by this Schedule, applies in relation to a preliminary unexplained wealth order made on or after the commencement of this item, whether the relevant application for an unexplained wealth order:

(a) was made before, on or after that commencement; or

(b) relates to wealth acquired before, on or after that commencement.

(5) Section 179S of the Proceeds of Crime Act 2002, as amended by this Schedule, applies in relation to an unexplained wealth order made on or after the commencement of this item:

(a) whether the unexplained wealth order relates to wealth acquired before, on or after that commencement; and

(b) whether the property to which the order under subsection 179S(1) relates becomes subject to the effective control of the person subject to the unexplained wealth order before, on or after that commencement.

(6) Despite the repeal of section 179SA of the Proceeds of Crime Act 2002 made by this Schedule, that section, as in force immediately before that repeal, continues to apply in relation to an unexplained wealth order made before the commencement of this item.

(7) Sections 179SA and 179SB of the Proceeds of Crime Act 2002, as substituted by this Schedule, apply in relation to an unexplained wealth order made on or after the commencement of this item:

(a) whether the unexplained wealth order relates to wealth acquired before, on or after that commencement; and

(b) whether the restraining order referred to in subsection 179SA(1) is made before, on or after that commencement.

(8) Subsections 179U(3) to (5) of the Proceeds of Crime Act 2002, as added by this Schedule, apply in relation to the financial year starting on or after the day on which this item commences, and future financial years.

(9) Sections 227, 228 and 256 of the Proceeds of Crime Act 2002, as amended by this Schedule, apply in relation to a search warrant that is applied for under that Act on or after the commencement of this item, whether the thing relevant to unexplained wealth proceedings relates to:

(a) property or wealth acquired before, on or after that commencement; or

(b) an offence suspected of having been committed before, on or after that commencement.

(10) Section 266A of the Proceeds of Crime Act 2002, as amended by this Schedule, applies, on or after the commencement of this item, in relation to information obtained before, on or after that commencement.