Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug Offender Confiscation Order) Amendment Bill 2012

Call for Submissions

Submissions closed on Friday, 8 February 2013.

Consultation

The Government has undertaken some consultation on the Bill. For further information please refer to the Explanatory Notes.

Objective of the Bill

The main objectives of the Bill are to:  

  • amend the Criminal Proceeds Confiscation Act 2002 to introduce a scheme for recovering ‘unexplained wealth’;
  • amend the Criminal Proceeds Confiscation Act 2002 to provide innocent dependants of persons against whom proceeds assessment orders are made with the ability to apply to the Supreme Court for relief from hardship;
  • amend the Criminal Proceeds Confiscation Act 2002 and the Penalties and Sentences Act 1992 to introduce serious drug offender confiscation orders;
  • amend the Crime and Misconduct Act 2001 and the Police Powers and Responsibilities Act 2000 to facilitate the investigation of evidence related to matters concerning the Criminal Proceeds Confiscation Act 2002; and
  • amend the Criminal Proceeds Confiscation Act 2002 to increase the general effectiveness of the criminal confiscation regime in Queensland.

Other Information

The Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug Offender Confiscation Order) Amendment Bill 2012 and the Explanatory Notes are available from the Office of the Queensland Parliamentary Counsel at www.legislation.qld.gov.au.  

The Hansard transcript of the explanatory speech for the Bill can be found here.

Reasons for the Bill

The reasons for the Bill appear on pages 1-2 of the Explanatory Notes which can be viewed here.

Referral

On 28 November 2012, the Attorney-General and Minister for Justice, the Hon Jarrod Bleijie MP, introduced the Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug Offender Confiscation Order) Amendment Bill 2012 into the Queensland Parliament.

In accordance with Standing Order 131 of the Standing Rules and Orders of the Legislative Assembly, the Bill was referred to the Legal Affairs and Community Safety Committee (the Committee) for detailed consideration. 

By resolution of the Committee of the Legislative Assembly, the Committee was required to report to the Parliament by 8 April 2013.

Report

On 8 April 2013, the Committee tabled its Report No. 26, Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug Offender Confiscation Order) Amendment Bill 2012. A copy of the report is available here or can be accessed at Related Publications.

As the Committee made a single recommendation for the Legislative Assembly to pass the Bill, there is no requirement for the Government to table a response.

The Criminal Proceeds Confiscation (Unexplained Wealth and Serious Drug Offender Confiscation Order) Amendment Bill 2012 was passed by the Legislative Assembly on 1 May 2013.

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