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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Criminal Assets Recovery Amendment Bill
2014
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
The Mining and Petroleum Legislation Amendment Bill 2014 is cognate with this Bill.
Overview of Bill
The object of this Bill is to amend the Criminal Assets Recovery Act 1990:
(a) to provide for proceeds of an activity engaged in by a person to include certain interests,
services, advantages or benefits derived or realised (whether directly or indirectly) by other
persons if the person engaged in the activity intended that result or knew, or ought
reasonably to have known, that it would be likely to be the result, and
(b) to make it clear that proceeds of an activity can include an increase in the value of an interest
in property resulting from the activity, and
(c) to include provisions of a savings or transitional nature.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on the date of assent to the
proposed Act.
Schedule 1 Amendment of Criminal Assets Recovery Act
1990 No 23
Currently, section 4 (1) of the Act defines proceeds, in relation to an activity, to include certain
interests in property, services, advantages or benefits that are derived or realised by a person (a
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Criminal Assets Recovery Amendment Bill 2014 [NSW]
Explanatory note
secondary person) other than the person engaged in the activity (the perpetrator) if it was at the
direction or request (given or made directly or indirectly) of the perpetrator.
Schedule 1 [1] amends the definition of proceeds to make it clear that it includes an increase in
the value of an interest in property resulting from an activity.
Schedule 1 [2] amends the definition of proceeds so that it is not necessary to establish that the
interest, service, advantage or benefit derived or realised by a secondary person from an activity
was at the direction or request of the perpetrator. A new test will be substituted requiring the
perpetrator:
(a) to intend for the secondary person to derive or realise (whether directly or indirectly) the
interest, service, advantage or benefit, or
(b) to know, or to ought reasonably to have known, that the secondary person would be likely
to derive or realise (whether directly or indirectly) the interest, service, advantage or
benefit.
Schedule 1 [3] enables the Governor to make regulations of a savings or transitional nature
consequent on the enactment of another Act that amends the Act (including the proposed Act).
Schedule 1 [4] provides for the amendments made to the Act by the proposed Act to extend to:
(a) activities engaged in, and to proceeds that were derived or realised, before the
commencement of the amendments, and
(b) pending applications for orders under the Act.
Page 2
First print
New South Wales
Criminal Assets Recovery Amendment Bill
2014
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Criminal Assets Recovery Act 1990 No 23 3
b2014-016-94.d14
New South Wales
Criminal Assets Recovery Amendment Bill
2014
No , 2014
A Bill for
An Act to amend the Criminal Assets Recovery Act 1990 to make further provision with respect
to the recovery of proceeds of illegal activities from persons associated with the perpetrators, and
for other purposes.
See also the Mining and Petroleum Legislation Amendment Bill 2014.
Criminal Assets Recovery Amendment Bill 2014 [NSW]
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Criminal Assets Recovery Amendment Act 2014. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
Page 2
Criminal Assets Recovery Amendment Bill 2014 [NSW]
Schedule 1 Amendment of Criminal Assets Recovery Act 1990 No 23
Schedule 1 Amendment of Criminal Assets Recovery Act 1
1990 No 23 2
[1] Section 4 Definitions 3
Insert "(including, without limitation, an increase in the value of an interest in property)" 4
after "benefit" in the definition of proceeds in section 4 (1). 5
[2] Section 4 (1), definition of "proceeds" 6
Omit paragraph (b). Insert instead: 7
(b) by another person if the person engaged in the activity: 8
(i) intended for the other person to derive or realise (whether directly 9
or indirectly) the interest, service, advantage or benefit, or 10
(ii) knew, or ought reasonably to have known, that the other person 11
would be likely to derive or realise (whether directly or 12
indirectly) the interest, service, advantage or benefit. 13
[3] Schedule 1 Savings and transitional provisions 14
Insert at the end of clause 1 (1): 15
any other Act that amends this Act 16
[4] Schedule 1, Part 6 17
Insert after Part 5: 18
Part 6 Criminal Assets Recovery Amendment Act 2014 19
26 Application of amendments 20
(1) The amendments made to this Act by the Criminal Assets Recovery 21
Amendment Act 2014 extend to: 22
(a) activities engaged in, and to proceeds that were derived or realised, 23
before the commencement of those amendments, and 24
(b) applications for orders under this Act made (but not yet determined) 25
before the commencement of those amendments. 26
(2) Nothing in those amendments affects the validity of any order made under this 27
Act before the commencement of the amendments. 28
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