6018

2008-2009

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Crimes Legislation Amendment (Serious and Organised Crime) Bill 2009

 

 

(Amendments to moved by Senator Brandis on behalf of the Opposition in committee of the whole)

(1)     Schedule 1, item 5, page 3 (line 23), omit “must”, substitute “may”.

[jurisdiction]

(2)     Schedule 1, item 5, page 5 (after line 19), after subsection 20A(3), insert:

Legal expenses

          (3A)  Without limiting the manner and circumstances that may be specified in an order under paragraph (1)(b), the court may order that specified property may be disposed of or otherwise dealt with for the purposes of meeting a person’s reasonable legal expenses arising from an application under this Act.

          (3B)  The court may require that a costs assessor certify that legal expenses have been properly incurred before permitting the payment of expenses from the disposal of any property covered by subsection (3A) and may make any further or ancillary orders it considers appropriate.

[legal expenses]

(3)     Schedule 1, item 5, page 5 (after line 25), after subsection 20A(4), insert:

          (4A)  If the court refuses to make a * restraining order, it may make any order as to costs it considers appropriate, including costs on an indemnity basis.

[costs]

(4)     Schedule 1, item 5, page 5 (line 27), omit “must”, substitute “may”.

[restraining orders]

(5)     Schedule 1, item 12, page 7 (after line 33), at the end of section 45A, add:

             (4)  In respect of a restraining order that ceases by operation of subsection (1) or (2), the court may make any order as to costs it considers appropriate, including costs on an indemnity basis.

[costs]

(6)     Schedule 1, item 13, page 8 (line 14), omit “must”, substitute “may”.

[preliminary unexplained wealth orders]

(7)     Schedule 1, item 13, page 10 (line 23), omit “must”, substitute “may”.

[procedure]

(8)     Schedule 1, item 13, page 11 (after line 24), after section 179E, insert:

179EA   Refusal to make an order for failure to give undertaking

             (1)  The court may refuse to make a * preliminary unexplained wealth order or an * unexplained wealth order if the Commonwealth refuses or fails to give the court an appropriate undertaking with respect to the payment of damages or costs, or both, for the making and operation of the order.

             (2)  The * DPP may give such an undertaking on behalf of the Commonwealth.

179EB   Costs

                   If the court refuses to make a * preliminary unexplained wealth order or an * unexplained wealth order, it may make any order as to costs it considers appropriate, including costs on an indemnity basis.

[undertakings/costs]

(9)     Schedule 1, item 13, page 17 (after line 18), after section 179S, insert:

179SA   Legal expenses

             (1)  If the court considers that it is appropriate to do so, it may order that specified property covered by an order under section 179S(1) is not available to satisfy the * unexplained wealth order and may instead be disposed of or otherwise dealt with for the purposes of meeting a person’s reasonable legal expenses arising from an application under this Act.

             (2)  The court may require that a costs assessor certify that legal expenses have been properly incurred before permitting the payment of expenses from the disposal of any property covered by subsection (1) and may make any further or ancillary orders it considers appropriate.

[legal expenses]

(10)   Schedule 1, item 13, page 17 (after line 33), at the end of the Part, add:

Division 5 — Oversight

179U   Parliamentary supervision

             (1)  The operation of this Part and section 20A is subject to the oversight of the Parliamentary Joint Committee on the Australian Crime Commission (the Committee ).

             (2)  The Committee may require the Australian Crime Commission, the Australian Federal Police, the * DPP or any other federal agency or authority that is the recipient of any material disclosed as the result of the operation of this Part to appear before it from time to time to give evidence.

[oversight]