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Crimes Legislation Amendment (Serious and Organised Crime) Bill 2010

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2008-2009

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

Crimes Legislation Amendment (Serious and Organised Crime) Bill 2009

 

 

(1)     Clause 2, page 2 (table item 5), omit “Part 6”, substitute “Parts 6 and 7”.

[ex parte applications]

(2)     Schedule 1, item 13, page 9 (line 32), omit “so.”, substitute “so; or”.

[ex parte applications]

(3)     Schedule 1, item 13, page 9 (after line 32), at the end of subsection 179C(5), add:

                     (c)  it is otherwise in the interests of justice to do so.

[ex parte applications]

( 4 )     Schedule  2 , item  3 , page 31 (lines 7 to 17) , omit section  15J , substitute:

15J   Service of freezing order etc. on financial institution and account-holder

             (1)  If a magistrate makes a * freezing order relating to an * account with a * financial institution, the applicant for the order must cause the things described in subsection (2) to be given to:

                     (a)  the financial institution; and

                     (b)  each person in whose name the account is held.

             (2)  The things are as follows:

                     (a)  a copy of the order (or of a form of the order under section 15E);

                     (b)  a written statement of the name and contact details of the * enforcement agency mentioned in the paragraph of the definition of authorised officer in section 338 that describes the applicant.

Note:          If the copy of the order is given to the financial institution after the end of the first working day after the order is made, the order does not come into force: see subsection 15N(1).

[ex parte applications]

( 5 )     Schedule  2 , item  3 , page 34 (after line 27) , at the end of Part  2-1A , add:

Division 6 Revoking freezing orders

15R   Application to revoke a freezing order

             (1)  A person may apply to a magistrate to revoke a * freezing order.

             (2)  The applicant for the revocation must give written notice of the application and the grounds on which the revocation is sought to the * enforcement agency mentioned in the paragraph of the definition of authorised officer in section 338 that describes the * authorised officer who applied for the * freezing order.

             (3)  One or more of the following may adduce additional material to the magistrate relating to the application to revoke the * freezing order:

                     (a)  the * authorised officer who applied for the freezing order;

                     (b)  the authorised officer whose affidavit supported the application for the freezing order;

                     (c)  another authorised officer described in the paragraph of the definition of authorised officer in section 338 that describes the authorised officer mentioned in paragraph (a) or (b) of this subsection.

             (4)  The magistrate may revoke the * freezing order if satisfied that it is in the interests of justice to do so.

15S   Notice of revocation of a freezing order

             (1)  If a * freezing order relating to an * account with a * financial institution is revoked under section 15R, an * authorised officer (the notifying officer ) described in the paragraph of the definition of authorised officer in section 338 that describes the authorised officer who applied for the freezing order must cause written notice of the revocation to be given to:

                     (a)  the financial institution; and

                     (b)  each person in whose name the account is held.

             (2)  However, the notifying officer need not give notice to the applicant for the revocation.

             (3)  Subsection (1) does not require more than one * authorised officer to cause notice of the revocation to be given.

[ex parte applications]

(6)     Schedule 2, page 51 (after line 19), at the end of the Schedule, add:

Part 7 Other amendments

Proceeds of Crime Act 2002

106  Subsection 42(5)

Repeal the subsection, substitute:

             (5)  The court may revoke the * restraining order if satisfied that:

                     (a)  there are no grounds on which to make the order at the time of considering the application to revoke the order; or

                     (b)  it is otherwise in the interests of justice to do so.

107  Application and transitional

(1)       The amendment of section 42 of the Proceeds of Crime Act 2002 made by this Part applies in relation to the revocation of a restraining order on or after commencement, whether the application for that revocation was made before, on or after commencement.

(2)       If an application under section 42 of the Proceeds of Crime Act 2002 for the revocation of a restraining order has been made but not determined as at commencement:

                     (a)  the applicant may vary the application to take account of paragraph 42(5)(b) of the Proceeds of Crime Act 2002 as in force at commencement; and

                     (b)  if the application is varied under paragraph (a) of this subitem—the applicant must give a copy of the application as varied, and written notice of any additional grounds that he or she proposes to rely on in seeking that revocation, to the DPP and the Official Trustee; and

                     (c)  the DPP may adduce additional material to the court relating to those additional grounds.

(3)       In this item:

commencement means the commencement of this item.

[ex parte applications]