{"id":"nsw:act-2018-042","name":"Unexplained Wealth (Commonwealth Powers) Act 2018","slug":"unexplained-wealth-commonwealth-powers-act-2018","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"42 of 2018","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29131,"registerId":"nsw-act-2018-042-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name and purpose of Act","content":"#### 1 Name and purpose of Act\n\n1 Name and purpose of Act\n\n> > (1) This Act is the [Unexplained Wealth (Commonwealth Powers) Act 2018](/view/html/inforce/current/act-2018-042).\n> \n> > (2) The main purpose of this Act is to refer certain matters relating to unexplained wealth and information gathering to the Parliament of the Commonwealth for the purposes of section 51 (xxxvii) of the Constitution of the Commonwealth.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act—\n> > \n> > amendment reference means the reference to the Parliament of the Commonwealth of the matters covered by section 4 (1) (c).\n> > \n> > assent date means the date of assent to this Act.\n> > \n> > commencement day means the day on which section 4 (1) comes into operation.\n> > \n> > Commonwealth Proceeds of Crime Act means the [Proceeds of Crime Act 2002](http://www.legislation.gov.au/) of the Commonwealth, as in force from time to time.\n> > \n> > express amendment of the Commonwealth Proceeds of Crime Act means the direct amendment of the text of that Act (whether by the insertion, omission, repeal, substitution or relocation of words or matter) by another Commonwealth Act or by an instrument under a Commonwealth Act, but does not include the enactment by a Commonwealth Act of a provision that has, or will have, substantive effect otherwise than as part of the text of the Commonwealth Proceeds of Crime Act.\n> > \n> > pre-assent version of the Commonwealth Proceeds of Crime Act means the [Proceeds of Crime Act 2002](http://www.legislation.gov.au/) of the Commonwealth, as originally enacted and as subsequently amended by amendments enacted at any time before the assent date.\n> > \n> > prescribed termination day means the day on which text reference 1 and the amendment reference are to terminate as set out in section 9 (1).\n> > \n> > reference means—\n> > \n> > > (a) text reference 1, or\n> > \n> > > (b) text reference 2, or\n> > \n> > > (c) the amendment reference.\n> > \n> > relevant offence means an offence of a kind specified in section 8.\n> > \n> > text reference 1 means the reference to the Parliament of the Commonwealth of the matters covered by section 4 (1) (a).\n> > \n> > text reference 2 means the reference to the Parliament of the Commonwealth of the matters covered by section 4 (1) (b).\n> > \n> > unexplained wealth—see section 5.\n> > \n> > unexplained wealth provisions means—\n> > \n> > > (a) section 20A and Part 2-6 of the Commonwealth Proceeds of Crime Act, and\n> > \n> > > (b) the other provisions of that Act in so far as they relate to section 20A and Part 2-6 of that Act, and\n> > \n> > > (c) instruments made under that Act for the purposes of a provision referred to in paragraph (a) or (b).\n> > \n> > Note—\n> > \n> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.\n> \n> > (2) Notes included in this Act (except in Schedules 1–4) do not form part of this Act.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Reference of matters","content":"#### 4 Reference of matters\n\n4 Reference of matters\n\n> > (1) The following matters are referred to the Parliament of the Commonwealth—\n> > \n> > > (a) the matters to which the pre-assent version of the Commonwealth Proceeds of Crime Act would relate if express amendments were made to it in the terms, or substantially in the terms, of the text set out in Schedules 1 and 2 to this Act but excluding matters to which that version otherwise relates,\n> > \n> > > (b) the matters to which the pre-assent version of the Commonwealth Proceeds of Crime Act would relate if express amendments were made to it in the terms, or substantially in the terms, of the text set out in Schedule 3 to this Act but excluding matters to which that version otherwise relates,\n> > \n> > > (c) the matters relating to unexplained wealth (not including a matter excluded by subsection (2)) and to information gathering, but only to the extent of the making of laws with respect to those matters by making express amendments of the Commonwealth Proceeds of Crime Act.\n> \n> > (2) The following matters are excluded for the purposes of subsection (1) (c)—\n> > \n> > > (a) the matter of including a provision in section 20A or Part 2-6 of the Commonwealth Proceeds of Crime Act that requires a person to pay an amount otherwise than by order of a court,\n> > \n> > > (b) the matter of including a provision in section 20A or Part 2-6 of the Commonwealth Proceeds of Crime Act that requires or permits property to be restrained, forfeited or seized otherwise than by order of a court.\n> \n> > (3) The operation of each paragraph of subsection (1) is not affected by any other paragraph.\n> \n> > (4) The reference of a matter under subsection (1) has effect only—\n> > \n> > > (a) if and to the extent that the matter is not included in the legislative powers of the Parliament of the Commonwealth (otherwise than by a reference for the purposes of section 51 (xxxvii) of the Constitution of the Commonwealth), and\n> > \n> > > (b) if and to the extent that the matter is included in the legislative powers of the Parliament of the State.\n> \n> > (5) To avoid doubt, it is the intention of the Parliament of the State that—\n> > \n> > > (a) the Commonwealth Proceeds of Crime Act may be expressly amended, or have its operation otherwise affected, at any time after the commencement of subsection (1) by provisions of Commonwealth Acts the operation of which is based on legislative powers that the Parliament of the Commonwealth has apart from under the references under subsection (1), and\n> > \n> > > (b) the Commonwealth Proceeds of Crime Act may have its operation affected, otherwise than by express amendment, at any time after the commencement of subsection (1) by provisions of instruments made or issued under that Act.\n> \n> > (6) Despite any other provision of this section, a reference under subsection (1) has effect for a period—\n> > \n> > > (a) beginning at the beginning of the commencement day, and\n> > \n> > > (b) ending at the beginning of the day fixed under this Act as the day on which the reference is to terminate,\n> > \n> > but no longer.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Meaning of “unexplained wealth”","content":"#### 5 Meaning of “unexplained wealth”\n\n5 Meaning of “unexplained wealth”\n\n> > (1) For the purposes of section 4 (1) (c), unexplained wealth means property or wealth that might not have been lawfully acquired.\n> \n> > (2) For the purposes of subsection (1) and section 4 (2) (b), the meaning of lawfully acquired, property and wealth includes, but is not limited to, the meaning of those terms in the pre-assent version of the Commonwealth Proceeds of Crime Act.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Meaning of “information gathering”","content":"#### 6 Meaning of “information gathering”\n\n6 Meaning of “information gathering”\n\n> For the purposes of section 4 (1) (c), information gathering means the production or provision of information for the purposes of, or relevant to, the taking of action, or the institution of proceedings, under a law of the State.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Rollback of particular express amendments","content":"#### 7 Rollback of particular express amendments\n\n7 Rollback of particular express amendments\n\n> > (1) For the purposes of section 14G of the Commonwealth Proceeds of Crime Act, the Governor may, by proclamation published on the NSW legislation website, declare that an express amendment of that Act (other than Subdivision B of Division 2 of Part 1-4) is not to apply to proceedings covered by subsection (3), (4) or (5) of that section.\n> > \n> > Note—\n> > \n> > To be effective for the purposes of section 14G of the Commonwealth Proceeds of Crime Act, the proclamation must come into force in the period of 6 months beginning on the day the amendment is enacted. On the coming into force of the proclamation, that Act applies to the proceedings as if the amendment had not been enacted.\n> \n> > (2) For the purposes of section 14J of the Commonwealth Proceeds of Crime Act, the Governor may, by proclamation published on the NSW legislation website, declare that an express amendment of that Act (other than Subdivision B of Division 2 of Part 1-4) is not to apply to—\n> > \n> > > (a) an application covered by subsection (3) of that section, or\n> > \n> > > (b) an order made as a result of an application referred to in paragraph (a) of this subsection, or\n> > \n> > > (c) a notice covered by subsection (4) of that section.\n> > \n> > Note—\n> > \n> > To be effective for the purposes of section 14J of the Commonwealth Proceeds of Crime Act, the proclamation must come into force in the period of 6 months beginning on the day the express amendment is enacted. On the coming into force of the proclamation, that Act applies to the application, order and notice as if the amendment had not been enacted.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Relevant offences","content":"#### 8 Relevant offences\n\n8 Relevant offences\n\n> For the Commonwealth Proceeds of Crime Act, a serious criminal offence, within the meaning of the [Criminal Assets Recovery Act 1990](/view/html/inforce/current/act-1990-023), section 6(2), is specified by this Act, other than—\n> \n> > (a) an offence specified in paragraph (c) or (h) of the definition, and\n> \n> > (b) an offence specified in paragraph (i) of the definition, but only to the extent to which the offence relates to an offence specified in paragraph (c) or (h) of the definition.\n> \n> **s 8:** Subst 2022 No 55, Sch 4.3.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Termination of text reference 1 and amendment reference","content":"#### 9 Termination of text reference 1 and amendment reference\n\n9 Termination of text reference 1 and amendment reference\n\n> > (1) Subject to earlier termination under subsection (2), text reference 1 and the amendment reference terminate on the day that is the sixth anniversary of the commencement day or on a later day fixed by the Governor by proclamation under section 11 (1).\n> \n> > (2) Text reference 1 or the amendment reference terminates on a day that is earlier than the prescribed termination day if the Governor fixes that earlier day by proclamation under section 12 (1) (a) or (b) or section 13 (2) or (4) as the day on which the reference is to terminate.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Termination of text reference 2","content":"#### 10 Termination of text reference 2\n\n10 Termination of text reference 2\n\n> > (1) The Governor may, at any time, by proclamation published on the NSW legislation website, fix a day as the day on which text reference 2 is to terminate.\n> \n> > (2) The Governor may, by proclamation published on the NSW legislation website, revoke a proclamation published under subsection (1).\n> \n> > (3) A revoking proclamation has effect only if published before the day fixed under subsection (1).\n> \n> > (4) The revocation of a proclamation published under subsection (1) does not prevent publication of a further proclamation under that subsection.","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Extension of period of reference by proclamation","content":"#### 11 Extension of period of reference by proclamation\n\n11 Extension of period of reference by proclamation\n\n> > (1) The Governor may, at any time before the prescribed termination day, by proclamation published on the NSW legislation website, fix a day that is later than the prescribed termination day as the day on which text reference 1 and the amendment reference are to terminate.\n> \n> > (2) More than one proclamation may be made under subsection (1).","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Earlier termination of reference by proclamation","content":"#### 12 Earlier termination of reference by proclamation\n\n12 Earlier termination of reference by proclamation\n\n> > (1) The Governor may, at any time, by proclamation published on the NSW legislation website, fix a day that is earlier than the prescribed termination day as the day on which—\n> > \n> > > (a) text reference 1 is to terminate, or\n> > \n> > > (b) the amendment reference is to terminate.\n> \n> > (2) The Governor may, by proclamation published on the NSW legislation website, revoke a proclamation published under subsection (1), in which case the revoked proclamation is taken (for the purposes of section 9 (2)) never to have been published.\n> \n> > (3) A revoking proclamation has effect only if published before the day fixed under subsection (1).\n> \n> > (4) The revocation of a proclamation published under subsection (1) does not prevent publication of a further proclamation under that subsection.\n> \n> > (5) A proclamation under subsection (1) has effect despite any earlier proclamation published under section 11 (1).","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Termination in particular circumstances","content":"#### 13 Termination in particular circumstances\n\n13 Termination in particular circumstances\n\n> > (1) Nothing in this section limits, or affects the operation of, section 9, 10, 11 or 12.\n> \n> > (2) The Governor may, by proclamation published on the NSW legislation website, fix a day as the day on which text reference 1 and the amendment reference are to terminate if the Commonwealth Parliament enacts an express amendment of the Commonwealth Proceeds of Crime Act that, in the opinion of the Governor, is inconsistent with the fundamental attributes of the unexplained wealth provisions.\n> \n> > (3) Without limiting subsection (2), an express amendment of the Commonwealth Proceeds of Crime Act that is inconsistent with the fundamental attributes of the unexplained wealth provisions includes an amendment to section 20A or Part 2-6 of that Act that has the effect of allowing a restraining order, payment order, seizure order or forfeiture order to be made under those provisions otherwise than by order of a court.\n> \n> > (4) For the purposes of section 14F of the Commonwealth Proceeds of Crime Act, the Governor may, by proclamation published on the NSW legislation website, fix a day as the day on which both text reference 1 and the amendment reference are to terminate, or the amendment reference only is to terminate, if the Commonwealth Parliament enacts an express amendment of section 14G or 14J (about rollback), or Division 2 of Part 4-3 (about sharing proceeds), of the Commonwealth Proceeds of Crime Act.\n> \n> > (5) The Governor may, by proclamation published on the NSW legislation website, revoke a proclamation published under subsection (2) or (4), in which case the revoked proclamation is taken (for the purposes of section 9 (2)) never to have been published.\n> \n> > (6) A revoking proclamation has effect only if published before the day fixed under subsection (2) or (4).\n> \n> > (7) The revocation of a proclamation published under subsection (2) or (4) does not prevent publication of a further proclamation under that subsection.\n> \n> > (8) A proclamation under subsection (2) or (4) has effect despite any earlier proclamation published under section 11 (1).","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Regulations","content":"#### 14 Regulations\n\n14 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) Without limiting subsection (1), the regulations may deal with matters of a transitional, application or savings nature relating to an offence becoming, or ceasing to be, a relevant offence.","sortOrder":13},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Text for amendments extending the main unexplained wealth provisions to certain offences against the laws of participating States","content":"# Schedule 1 Text for amendments extending the main unexplained wealth provisions to certain offences against the laws of participating States\n\nSchedule 1 Text for amendments extending the main unexplained wealth provisions to certain offences against the laws of participating States","sortOrder":14},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Text for amendments concerning information gathering under the national cooperative scheme on unexplained wealth","content":"# Schedule 2 Text for amendments concerning information gathering under the national cooperative scheme on unexplained wealth\n\nSchedule 2 Text for amendments concerning information gathering under the national cooperative scheme on unexplained wealth","sortOrder":23},{"sectionNumber":"sch.2-sec.1-frag-sdiv","sectionType":"division","heading":"Subdivision D—Other matters","content":"### sch.2-sec.1-frag-sdiv Subdivision D—Other matters\n\nSubdivision D—Other matters","sortOrder":25},{"sectionNumber":"14M","sectionType":"section","heading":"Information gathering by participating States and self-governing Territories","content":"#### 14M Information gathering by participating States and self-governing Territories\n\n14M Information gathering by participating States and self-governing Territories\n\n> Schedule 1 has effect.","sortOrder":26},{"sectionNumber":"sch.2-sec.6-frag-sch-pt","sectionType":"part","heading":"Part 1—Production orders","content":"# sch.2-sec.6-frag-sch-pt Part 1—Production orders\n\nPart 1—Production orders","sortOrder":33},{"sectionNumber":"sch.2-sec.6-frag-sch-pt-oc.2","sectionType":"part","heading":"Part 2—Notices to financial institutions","content":"# sch.2-sec.6-frag-sch-pt-oc.2 Part 2—Notices to financial institutions\n\nPart 2—Notices to financial institutions","sortOrder":45},{"sectionNumber":"15","sectionType":"section","heading":"Making false statements in notices","content":"#### 15 Making false statements in notices\n\n15 Making false statements in notices\n\n> A person commits an offence if—\n> \n> > (a) the person makes a statement (whether orally, in a document or in any other way); and\n> \n> > (b) the statement—\n> > \n> > > (i) is false or misleading; or\n> > \n> > > (ii) omits any matter or thing without which the statement is misleading; and\n> \n> > (c) the statement is made in, or in connection with, a notice under clause 12.\n> \n> Penalty: Imprisonment for 12 months or 60 penalty units, or both.","sortOrder":49},{"sectionNumber":"16","sectionType":"section","heading":"Disclosing existence or nature of notices","content":"#### 16 Disclosing existence or nature of notices\n\n16 Disclosing existence or nature of notices\n\n> A person commits an offence if—\n> \n> > (a) the person is given a notice under clause 12; and\n> \n> > (b) the notice specifies that information about the notice must not be disclosed; and\n> \n> > (c) the person discloses the existence or nature of the notice.\n> \n> Penalty: Imprisonment for 2 years or 120 penalty units, or both.","sortOrder":50},{"sectionNumber":"17","sectionType":"section","heading":"Failing to comply with notices","content":"#### 17 Failing to comply with notices\n\n17 Failing to comply with notices\n\n> > (1) A person commits an offence if—\n> > \n> > > (a) the person is given a notice under clause 12; and\n> > \n> > > (b) the person fails to comply with the notice.\n> > \n> > Penalty: Imprisonment for 6 months or 30 penalty units, or both.\n> > \n> > Note: Sections 137.1 and 137.2 of the [Criminal Code](http://www.legislation.gov.au/) also create offences for providing false or misleading information or documents.\n> \n> > (2) It is a defence to an offence against subclause (1) if—\n> > \n> > > (a) the person fails to comply with the notice only because the person does not provide the information or a document within the period specified in the notice; and\n> > \n> > > (b) the person took all reasonable steps to provide the information or document within that period; and\n> > \n> > > (c) the person provides the information or document as soon as practicable after the end of that period.\n> > \n> > Note: A defendant bears an evidential burden in relation to the matters in subclause (2) (see subsection 13.3(3) of the [Criminal Code](http://www.legislation.gov.au/)).","sortOrder":51},{"sectionNumber":"sch.2-sec.6-frag-sch-pt-oc.3","sectionType":"part","heading":"Part 3—Disclosure of information","content":"# sch.2-sec.6-frag-sch-pt-oc.3 Part 3—Disclosure of information\n\nPart 3—Disclosure of information","sortOrder":52},{"sectionNumber":"18","sectionType":"section","heading":"Disclosure","content":"#### 18 Disclosure\n\n18 Disclosure\n\n> > (1) This clause applies if a person obtains information—\n> > \n> > > (a) as a direct result of the exercise of a power (by the person or someone else), or performance (by the person) of a function, under Part 1 or 2; or\n> > \n> > > (b) as a result of a disclosure, or a series of disclosures, under this clause.\n> \n> > (2) The person may disclose the information to an authority described in an item of the following table for a purpose described in that item if—\n> > \n> > > (a) the person believes on reasonable grounds that the disclosure will serve that purpose; and\n> > \n> > > (b) a court has not made an order prohibiting the disclosure of the information to the authority for that purpose.\n> > \n> > | Recipients and purposes of disclosure |\n> > | Item | Authority to which disclosure may be made | Purpose for which disclosure may be made |\n> > | 1 | Authority of a State or *self-governing Territory that has a function under a *corresponding law of the State or Territory | Any one or more of the following purposes—(a) engaging in proceedings under that corresponding law;(b) engaging in proceedings for the forfeiture of things under a law of that State or Territory;(c) deciding whether to institute proceedings of a kind referred to in paragraph (a) or (b) |\n> > | 2 | Authority of the Commonwealth with one or more functions under this Act | Facilitating the authority’s performance of its functions under this Act |\n> > | 3 | Authority of the Commonwealth, or of a State or *self-governing Territory, that has a function of investigating or prosecuting offences against a law of the Commonwealth, State or Territory | Assisting in the prevention, investigation or prosecution of an offence against that law that is punishable on conviction by imprisonment for at least 3 years or for life |\n> > | 4 | Australian Taxation Office | Protecting public revenue |\n> \n> > (3) In a \\*criminal proceeding against a person who produced or made available a document under a \\*production order, none of the following that is disclosed under this clause is admissible in evidence against the person—\n> > \n> > > (a) the document;\n> > \n> > > (b) information contained in the document.\n> \n> > (4) Subclause (3) does not apply in a proceeding under, or arising out of, section 137.1 or 137.2 of the [Criminal Code](http://www.legislation.gov.au/) (false or misleading information or documents) in relation to producing the document or making it available.\n> > \n> > Note: Subclauses (3) and (4) reflect subclause 5(2).\n> \n> > (5) To avoid doubt—\n> > \n> > > (a) this clause does not prohibit the disclosure under section 266A of any information disclosed under this clause; and\n> > \n> > > (b) this clause does not affect the admissibility in evidence of any information, document or thing obtained as an indirect consequence of a disclosure under this clause.","sortOrder":53},{"sectionNumber":"19","sectionType":"section","heading":"Parliamentary supervision of the operation of this Schedule","content":"#### 19 Parliamentary supervision of the operation of this Schedule\n\n19 Parliamentary supervision of the operation of this Schedule\n\n> > (1) The operation of this Schedule is subject to the oversight of the Parliamentary Joint Committee on Law Enforcement.\n> \n> > (2) The Committee may require an authority of a \\*participating State or \\*self-governing Territory that is the recipient of any information disclosed as the result of the operation of this Schedule to appear before it from time to time to give evidence.","sortOrder":54},{"sectionNumber":"20","sectionType":"section","heading":"Reports about the operation of this Schedule","content":"#### 20 Reports about the operation of this Schedule\n\n20 Reports about the operation of this Schedule\n\n> > (1) The Commissioner or head (however described) of a police force or police service of a \\*participating State or \\*self-governing Territory must give the Minister a written report in respect of each financial year that contains the following information—\n> > \n> > > (a) the number and results of applications for \\*production orders under clause 1 in the year by an \\*authorised State/Territory officer of the State or Territory;\n> > \n> > > (b) the number of notices to \\*financial institutions issued under clause 12 in the year by an official specified in subclause 12(3) of the State or Territory;\n> > \n> > > (c) any other information of a kind prescribed by the regulations.\n> \n> > (2) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after its receipt by the Minister.","sortOrder":55},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Text for amendments concerning State reference or adoption for the purposes of the national cooperative scheme on unexplained wealth","content":"# Schedule 3 Text for amendments concerning State reference or adoption for the purposes of the national cooperative scheme on unexplained wealth\n\nSchedule 3 Text for amendments concerning State reference or adoption for the purposes of the national cooperative scheme on unexplained wealth","sortOrder":56},{"sectionNumber":"14A","sectionType":"section","heading":"Concurrent operation of State and Territory laws","content":"#### 14A Concurrent operation of State and Territory laws\n\n14A Concurrent operation of State and Territory laws\n\n> > (1) This Act does not exclude or limit the operation of a law of a State or Territory to the extent that the law is capable of operating concurrently with this Act.\n> \n> > (2) Subsection (1) does not apply to the \\*national unexplained wealth provisions.\n> \n> Note: For the interaction between the national unexplained wealth provisions and a law of a State or Territory, see section 14L.","sortOrder":59},{"sectionNumber":"sch.3-sec.2-frag-div","sectionType":"division","heading":"Division 2—The national unexplained wealth provisions","content":"## sch.3-sec.2-frag-div Division 2—The national unexplained wealth provisions\n\nDivision 2—The national unexplained wealth provisions","sortOrder":60},{"sectionNumber":"sch.3-sec.2-frag-div-sdiv","sectionType":"division","heading":"Subdivision A—General","content":"### sch.3-sec.2-frag-div-sdiv Subdivision A—General\n\nSubdivision A—General","sortOrder":61},{"sectionNumber":"14B","sectionType":"section","heading":"Constitutional basis of the national unexplained wealth provisions","content":"#### 14B Constitutional basis of the national unexplained wealth provisions\n\n14B Constitutional basis of the national unexplained wealth provisions\n\n> > (1) What this section is about This section sets out the constitutional basis of the \\*national unexplained wealth provisions.\n> \n> > (2) National unexplained wealth provisions The national unexplained wealth provisions are—\n> > \n> > > (a) the \\*main unexplained wealth provisions; and\n> > \n> > > (b) the \\*participating jurisdiction information gathering provisions; and\n> > \n> > > (c) the \\*unexplained wealth machinery and transitional provisions.\n> \n> > (3) Main unexplained wealth provisions The main unexplained wealth provisions are—\n> > \n> > > (a) section 20A and Part 2-6; and\n> > \n> > > (b) the other provisions of this Act in so far as they relate to that section or that Part; and\n> > \n> > > (c) instruments made under this Act for the purposes of a provision referred to in paragraph (a) or (b).\n> \n> > (4) Participating jurisdiction information gathering provisions The participating jurisdiction information gathering provisions are—\n> > \n> > > (a) section 14M and Schedule 1; and\n> > \n> > > (b) the other provisions of this Act in so far as they relate to that section or that Schedule; and\n> > \n> > > (c) instruments made under this Act for the purposes of a provision referred to in paragraph (a) or (b).\n> \n> > (5) Unexplained wealth machinery and transitional provisions The unexplained wealth machinery and transitional provisions are—\n> > \n> > > (a) the following provisions (the main machinery and transitional provisions)—\n> > > \n> > > > (i) sections 14A to 14L and 14N;\n> > > \n> > > > (ii) the definitions of adoption Act, amendment reference, cooperating State, express amendment, information gathering, main machinery and transitional provisions, main unexplained wealth provisions, national unexplained wealth provisions, non-participating State, participating jurisdiction information gathering provisions, participating State, post-amended version 1 of this Act, post-amended version 2 of this Act, pre-amended version of this Act, referral Act, relevant law 1, relevant law 2, special confiscation law, text reference 1, text reference 2, unexplained wealth and unexplained wealth machinery and transitional provisions in section 338;\n> > > \n> > > > (iii) Schedule 2; and\n> > \n> > > (b) the other provisions of this Act in so far as they relate to any of the main machinery and transitional provisions; and\n> > \n> > > (c) instruments made under this Act for the purposes of a provision referred to in paragraph (a) or (b).\n> \n> > (6) Application in participating States The application of the \\*national unexplained wealth provisions in a \\*participating State is based on—\n> > \n> > > (a) the legislative powers that the Commonwealth Parliament has because of a reference or an adoption by the Parliaments of the participating States under paragraph 51(xxxvii) of the Constitution; and\n> > \n> > > (b) the other legislative powers that the Commonwealth Parliament has under the Constitution.\n> \n> > (7) Application in non-participating States The application of the \\*national unexplained wealth provisions (other than the \\*unexplained wealth machinery and transitional provisions) in a \\*non-participating State is based on—\n> > \n> > > (a) the legislative powers that the Commonwealth Parliament has under section 51 (other than paragraph 51(xxxvii)) and section 122 of the Constitution; and\n> > \n> > > (b) the other legislative powers that the Commonwealth Parliament has under the Constitution.\n> \n> > (8) The application of the \\*unexplained wealth machinery and transitional provisions in a \\*non-participating State that—\n> > \n> > > (a) was a \\*participating State because it had referred to the Commonwealth Parliament—\n> > > \n> > > > (i) \\*text reference 1; and\n> > > \n> > > > (ii) \\*text reference 2; and\n> > > \n> > > > (iii) the \\*amendment reference; and\n> > \n> > > (b) ceased to be a participating State because it terminated either or both of the following—\n> > > \n> > > > (i) the referral of text reference 1;\n> > > \n> > > > (ii) the referral of the amendment reference; and\n> > \n> > > (c) has not terminated the referral of text reference 2;\n> > \n> > is based on—\n> > \n> > > (d) the legislative powers that the Commonwealth Parliament has because of the referral of text reference 2 under paragraph 51(xxxvii) of the Constitution; and\n> > \n> > > (e) the other legislative powers that the Commonwealth Parliament has under the Constitution.\n> \n> > (9) The application of the \\*unexplained wealth machinery and transitional provisions in a \\*non-participating State that—\n> > \n> > > (a) was a \\*participating State because it had—\n> > > \n> > > > (i) adopted \\*post-amended version 1 of this Act; and\n> > > \n> > > > (ii) adopted \\*post-amended version 2 of this Act; and\n> > > \n> > > > (iii) referred to the Commonwealth Parliament the \\*amendment reference; and\n> > \n> > > (b) ceased to be a participating State because it terminated either or both of the following—\n> > > \n> > > > (i) the adoption of post-amended version 1 of this Act;\n> > > \n> > > > (ii) the referral of the amendment reference; and\n> > \n> > > (c) has not terminated the adoption of post-amended version 2 of this Act;\n> > \n> > is based on—\n> > \n> > > (d) the legislative powers that the Commonwealth Parliament has because of the adoption of post-amended version 2 of this Act under paragraph 51(xxxvii) of the Constitution; and\n> > \n> > > (e) the other legislative powers that the Commonwealth Parliament has under the Constitution.\n> \n> > (10) The application of the \\*unexplained wealth machinery and transitional provisions in a \\*non-participating State not covered by subsection (8) or (9) is based on—\n> > \n> > > (a) the legislative powers that the Commonwealth Parliament has under section 51 (other than paragraph 51(xxxvii)) and section 122 of the Constitution; and\n> > \n> > > (b) the other legislative powers that the Commonwealth Parliament has under the Constitution.\n> \n> > (11) Application in a self-governing Territory The application of the \\*national unexplained wealth provisions in a \\*self-governing Territory is based on—\n> > \n> > > (a) the legislative powers that the Commonwealth Parliament has under section 122 of the Constitution to make laws for the government of a Territory; and\n> > \n> > > (b) the other legislative powers that the Commonwealth Parliament has under the Constitution.\n> > \n> > Despite section 2H of the [Acts Interpretation Act 1901](http://www.legislation.gov.au/), the national unexplained wealth provisions as applying in a self-governing Territory are laws of the Commonwealth.\n> \n> > (12) Application outside Australia The application of the \\*national unexplained wealth provisions outside \\*Australia is based on—\n> > \n> > > (a) the legislative powers that the Commonwealth Parliament has under paragraph 51(xxix) of the Constitution; and\n> > \n> > > (b) the legislative powers that the Commonwealth Parliament has under section 51 (other than paragraph 51(xxix)) and section 122 of the Constitution; and\n> > \n> > > (c) the other legislative powers that the Commonwealth Parliament has under the Constitution.","sortOrder":62},{"sectionNumber":"14C","sectionType":"section","heading":"What is a participating State?","content":"#### 14C What is a participating State?\n\n14C What is a *participating State*?\n\n> > (1) Participating State A State is a participating State if, for the purposes of paragraph 51(xxxvii) of the Constitution, the Parliament of the State—\n> > \n> > > (a) has, by its \\*referral Act, referred to the Commonwealth Parliament—\n> > > \n> > > > (i) \\*text reference 1 (see subsection (2)); and\n> > > \n> > > > (ii) \\*text reference 2 (see subsection (3)); and\n> > > \n> > > > (iii) the \\*amendment reference (see subsection (4));\n> > > \n> > > before the enactment of the [Unexplained Wealth Legislation Amendment Act 2018](http://www.legislation.gov.au/); or\n> > \n> > > (b) has, by its \\*adoption Act—\n> > > \n> > > > (i) adopted \\*post-amended version 1 of this Act (see subsection (5)); and\n> > > \n> > > > (ii) adopted \\*post-amended version 2 of this Act (see subsection (6)); and\n> > > \n> > > > (iii) referred to the Commonwealth Parliament the amendment reference;\n> > > \n> > > after the enactment of the [Unexplained Wealth Legislation Amendment Act 2018](http://www.legislation.gov.au/).\n> \n> > (2) Text reference 1 Text reference 1 of a State means the matters to which the \\*pre-amended version of this Act would relate if \\*express amendments were made to it in the terms, or substantially in the terms, of \\*relevant law 1, but excluding matters to which the pre-amended version of this Act otherwise relates.\n> \n> > (3) Text reference 2 Text reference 2 of a State means the matters to which the \\*pre-amended version of this Act would relate if \\*express amendments were made to it in the terms, or substantially in the terms, of \\*relevant law 2, but excluding matters to which the pre-amended version of this Act otherwise relates.\n> \n> > (4) Amendment reference The amendment reference of a State means the matters relating to—\n> > \n> > > (a) \\*unexplained wealth (see section 14D); and\n> > \n> > > (b) \\*information gathering (see section 14E);\n> > \n> > to the extent of making laws with respect to those matters by making \\*express amendments of this Act.\n> \n> > (5) Post-amended version 1 of this Act Post-amended version 1 of this Act, in relation to the \\*adoption Act of a State, means this Act as amended by—\n> > \n> > > (a) \\*relevant law 1; and\n> > \n> > > (b) any other \\*express amendments of this Act that—\n> > > \n> > > > (i) were enacted at any time after the enactment of relevant law 1 but before the enactment of the adoption Act; and\n> > > \n> > > > (ii) were not amendments of the \\*main machinery and transitional provisions (see subsection 14B(5));\n> > \n> > to the extent that this Act as so amended is a law with respect to \\*text reference 1 or the \\*amendment reference referred to the Commonwealth Parliament by the Parliament of another State for the purposes of paragraph 51(xxxvii) of the Constitution.\n> \n> > (6) Post-amended version 2 of this Act Post-amended version 2 of this Act, in relation to the \\*adoption Act of a State, means this Act as amended by—\n> > \n> > > (a) \\*relevant law 2; and\n> > \n> > > (b) any other \\*express amendments of this Act that—\n> > > \n> > > > (i) were enacted at any time after the enactment of relevant law 2 but before the enactment of the adoption Act; and\n> > > \n> > > > (ii) were amendments of the \\*main machinery and transitional provisions (see subsection 14B(5));\n> > \n> > to the extent that this Act as so amended is a law with respect to \\*text reference 2 or the \\*amendment reference referred to the Commonwealth Parliament by the Parliament of another State for the purposes of paragraph 51(xxxvii) of the Constitution.\n> \n> > (7) Certain things do not affect a participating State’s status A State is a participating State even if the State’s referral Act or adoption Act provides that—\n> > \n> > > (a) the reference to the Commonwealth Parliament of \\*text reference 1, \\*text reference 2 or the \\*amendment reference is to terminate in particular circumstances; or\n> > \n> > > (b) the adoption of \\*post-amended version 1 of this Act or \\*post-amended version 2 of this Act is to terminate in particular circumstances; or\n> > \n> > > (c) the reference to the Commonwealth Parliament of the amendment reference does not include the matter of including a provision in section 20A or Part 2-6 that—\n> > > \n> > > > (i) requires a person pay an amount otherwise than by order of a court; or\n> > > \n> > > > (ii) requires or permits property (within the meaning of subsection 14D(2)) to be restrained, forfeited or seized otherwise than by order of a court; or\n> > \n> > > (d) the reference to the Commonwealth Parliament of text reference 1, text reference 2 or the amendment reference has effect only—\n> > > \n> > > > (i) if and to the extent that the matter is not included in the legislative powers of the Commonwealth Parliament (otherwise than by a reference under paragraph 51(xxxvii) of the Constitution); or\n> > > \n> > > > (ii) if and to the extent that the matter is included in the legislative powers of the Parliament of the State.\n> \n> > (8) When a State ceases to be a participating State A State ceases to be a participating State if—\n> > \n> > > (a) in the case where the Parliament of the State has referred to the Commonwealth Parliament \\*text reference 1 and \\*text reference 2—either or both of those references terminate; or\n> > \n> > > (b) in the case where the Parliament of the State has adopted the \\*post-amended version 1 of this Act and \\*post-amended version 2 of this Act—either or both of those adoptions terminate.\n> \n> > (9) A State ceases to be a participating State if—\n> > \n> > > (a) the State’s referral of the \\*amendment reference terminates; and\n> > \n> > > (b) subsection (10) does not apply to the termination.\n> \n> > (10) A State does not cease to be a participating State because of the termination of its referral of the \\*amendment reference if—\n> > \n> > > (a) the termination is effected by the Governor of that State fixing a day by proclamation as the day on which the reference terminates; and\n> > \n> > > (b) the day fixed is no earlier than the first day after the end of the period of 6 months beginning on the day on which the proclamation is published; and\n> > \n> > > (c) that State’s amendment reference, and the amendment reference of every other State, terminates on the same day.\n> \n> > (11) Other definitions In this Act—\n> > \n> > adoption Act, of a State, means the Act of the State that—\n> > \n> > > (a) adopts \\*post-amended version 1 of this Act; and\n> > \n> > > (b) adopts \\*post-amended version 2 of this Act; and\n> > \n> > > (c) refers the \\*amendment reference to the Commonwealth Parliament.\n> > \n> > express amendment of this Act means the direct amendment of the text of this Act (whether by the insertion, omission, repeal, substitution or relocation of words or matter) by another Commonwealth Act or by an instrument under a Commonwealth Act, but does not include the enactment by a Commonwealth Act of a provision that has, or will have, substantive effect otherwise than as part of the text of this Act.\n> > \n> > pre-amended version of this Act, in relation to the \\*referral Act of a State, means this Act as originally enacted and as subsequently amended by amendments enacted at any time before the enactment of the referral Act of the State.\n> > \n> > referral Act, of a State, means the Act of the State that refers \\*text reference 1, \\*text reference 2 and the \\*amendment reference to the Commonwealth Parliament.\n> > \n> > relevant law 1 means Schedules 2 and 4 to the [Unexplained Wealth Legislation Amendment Act 2018](http://www.legislation.gov.au/).\n> > \n> > relevant law 2 means Schedule 1 to the [Unexplained Wealth Legislation Amendment Act 2018](http://www.legislation.gov.au/).","sortOrder":63},{"sectionNumber":"14D","sectionType":"section","heading":"Meaning of unexplained wealth","content":"#### 14D Meaning of unexplained wealth\n\n14D Meaning of *unexplained wealth*\n\n> > (1) For the purposes of the \\*amendment reference of a State (see subsection 14C(4)), unexplained wealth means property or wealth that might not have been lawfully acquired.\n> \n> > (2) The meaning of lawfully acquired, property and wealth in subsection (1) includes, but is not limited to, the meaning of those terms in this Act as in force immediately before the enactment of the first \\*referral Act of a State.","sortOrder":64},{"sectionNumber":"14E","sectionType":"section","heading":"Meaning of information gathering","content":"#### 14E Meaning of information gathering\n\n14E Meaning of *information gathering*\n\n> For the purposes of the \\*amendment reference of a State (see subsection 14C(4)), information gathering means the production or provision of information for the purposes of, or relevant to, the taking of action, or the institution of proceedings, under a law of the State.","sortOrder":65},{"sectionNumber":"14F","sectionType":"section","heading":"When a non-participating State is a cooperating State","content":"#### 14F When a non-participating State is a cooperating State\n\n14F When a non-participating State is a cooperating State\n\n> > (1) States that have referred text references 1 and 2 A \\*non-participating State is a cooperating State if—\n> > \n> > > (a) an \\*express amendment of section 14G or 14J (about rollback), or Division 2 of Part 4-3 (about sharing proceeds), was enacted; and\n> > \n> > > (b) before the amendment was enacted, the State was a \\*participating State; and\n> > \n> > > (c) after the amendment was enacted, the State ceased to be a participating State because it terminated either or both of the following—\n> > > \n> > > > (i) the referral of \\*text reference 1;\n> > > \n> > > > (ii) the referral of the \\*amendment reference; and\n> > \n> > > (d) the termination was effected by a proclamation that was made under the State’s \\*referral Act for the purpose of this section; and\n> > \n> > > (e) the State has not terminated its referral of \\*text reference 2.\n> > \n> > Note: Under Division 2 of Part 4-3 (which is about sharing proceeds of confiscated assets under the national cooperative scheme), a non-participating State that is a cooperating State is treated in the same way as a participating State.\n> \n> > (2) States that have adopted the post-amended versions of this Act A \\*non-participating State is also a cooperating State if—\n> > \n> > > (a) an \\*express amendment of section 14G or 14J (about rollback), or Division 2 of Part 4-3 (about sharing proceeds), was enacted; and\n> > \n> > > (b) before the amendment was enacted, the State was a \\*participating State; and\n> > \n> > > (c) after the amendment was enacted, the State ceased to be a participating State because it terminated either or both of the following—\n> > > \n> > > > (i) the adoption of \\*post-amended version 1 of this Act;\n> > > \n> > > > (ii) the referral of the \\*amendment reference; and\n> > \n> > > (d) the termination was effected by a proclamation that was made under the State’s \\*adoption Act for the purpose of this section; and\n> > \n> > > (e) the State has not terminated its adoption of \\*post-amended version 2 of this Act.\n> \n> > (3) Despite subsections (1) and (2), a \\*non-participating State ceases to be, or is not, a cooperating State if a declaration under subsection (4) is in force in relation to the State.\n> \n> > (4) The Minister may, by legislative instrument, declare that a State is not a \\*cooperating State.\n> \n> > (5) A declaration made under subsection (4) is a legislative instrument, but section 42 (disallowance) of the [Legislation Act 2003](http://www.legislation.gov.au/) does not apply to the declaration.","sortOrder":66},{"sectionNumber":"sch.3-sec.2-frag-div-sdiv-oc.2","sectionType":"division","heading":"Subdivision B—Rollback of particular express amendments","content":"### sch.3-sec.2-frag-div-sdiv-oc.2 Subdivision B—Rollback of particular express amendments\n\nSubdivision B—Rollback of particular express amendments","sortOrder":67},{"sectionNumber":"14G","sectionType":"section","heading":"Effect of rollback by participating States on unexplained wealth proceedings","content":"#### 14G Effect of rollback by participating States on unexplained wealth proceedings\n\n14G Effect of rollback by participating States on unexplained wealth proceedings\n\n> > (1) When this section applies This section applies if—\n> > \n> > > (a) a proclamation is made under the \\*referral Act or \\*adoption Act of a \\*participating State for the purposes of this section; and\n> > \n> > > (b) the proclamation declares that an \\*express amendment of this Act (other than this Subdivision) is not to apply to proceedings covered by subsection (3), (4) or (5); and\n> > \n> > > (c) the proclamation comes into force in the period of 6 months beginning on the day the amendment is enacted.\n> \n> > (2) Application of this Act to proceedings This Act applies to the proceedings as if the amendment had not been enacted.\n> \n> > (3) Proceedings for restraining orders Proceedings are covered by this subsection if—\n> > \n> > > (a) the proceedings are instituted while the proclamation is in force; and\n> > \n> > > (b) the proceedings are for the making of a \\*restraining order under section 20A in relation to a \\*suspect; and\n> > \n> > > (c) the affidavit supporting the application for the order states that an \\*authorised officer suspects either or both of the following—\n> > > \n> > > > (i) that the suspect has committed a \\*relevant offence of a \\*participating State;\n> > > \n> > > > (ii) that the whole or any part of the suspect’s \\*wealth was derived from a relevant offence of a participating State.\n> \n> > (4) Proceedings for unexplained wealth orders Proceedings are covered by this subsection if—\n> > \n> > > (a) the proceedings are instituted while the proclamation is in force; and\n> > \n> > > (b) the proceedings are for the making of an \\*unexplained wealth order (including a \\*preliminary unexplained wealth order) in relation to a \\*suspect; and\n> > \n> > > (c) the application for the order states that an \\*authorised officer suspects that the whole or any part of the suspect’s \\*wealth was derived from a \\*relevant offence of a \\*participating State.\n> \n> > (5) Proceedings for other orders Proceedings are covered by this subsection if—\n> > \n> > > (a) the proceedings are instituted while the proclamation is in force; and\n> > \n> > > (b) the proceedings are for the making of an order that relates to—\n> > > \n> > > > (i) a \\*restraining order made in proceedings covered by subsection (3); or\n> > > \n> > > > (ii) an \\*unexplained wealth order (including a \\*preliminary unexplained wealth order) made in proceedings covered by subsection (4).","sortOrder":68},{"sectionNumber":"14H","sectionType":"section","heading":"Effect of rollback by self-governing Territories on unexplained wealth proceedings","content":"#### 14H Effect of rollback by self-governing Territories on unexplained wealth proceedings\n\n14H Effect of rollback by self-governing Territories on unexplained wealth proceedings\n\n> > (1) When this section applies This section applies if—\n> > \n> > > (a) a law (the disapplying law) of a \\*self-governing Territory is made for the purposes of this section; and\n> > \n> > > (b) the law declares that an \\*express amendment of this Act (other than this Subdivision) is not to apply to proceedings covered by subsection (3), (4) or (5); and\n> > \n> > > (c) the disapplying law comes into force in the period of 6 months beginning on the day the amendment is enacted.\n> \n> > (2) Application of this Act to proceedings This Act applies to the proceedings as if the amendment had not been enacted.\n> \n> > (3) Proceedings for restraining orders Proceedings are covered by this subsection if—\n> > \n> > > (a) the proceedings are instituted while the disapplying law is in force; and\n> > \n> > > (b) the proceedings are for the making of a \\*restraining order under section 20A in relation to a \\*suspect; and\n> > \n> > > (c) the affidavit supporting the application for the order states that an \\*authorised officer suspects either or both of the following—\n> > > \n> > > > (i) that the suspect has committed a \\*Territory offence;\n> > > \n> > > > (ii) that the whole or any part of the suspect’s \\*wealth was derived from a Territory offence.\n> \n> > (4) Proceedings for unexplained wealth orders Proceedings are covered by this subsection if—\n> > \n> > > (a) the proceedings are instituted while the disapplying law is in force; and\n> > \n> > > (b) the proceedings are for the making of an \\*unexplained wealth order (including a \\*preliminary unexplained wealth order) in relation to a \\*suspect; and\n> > \n> > > (c) the application for the order states that an \\*authorised officer suspects that the whole or any part of the suspect’s \\*wealth was derived from a \\*Territory offence.\n> \n> > (5) Proceedings for other orders Proceedings are covered by this subsection if—\n> > \n> > > (a) the proceedings are instituted while the disapplying law is in force; and\n> > \n> > > (b) the proceedings are for the making of an order that relates to—\n> > > \n> > > > (i) a \\*restraining order that has been made in proceedings covered by subsection (3); or\n> > > \n> > > > (ii) an \\*unexplained wealth order (including a \\*preliminary unexplained wealth order) that has been made in proceedings covered by subsection (4).","sortOrder":69},{"sectionNumber":"14J","sectionType":"section","heading":"Effect of rollback by participating States on action taken under State reference information gathering provisions","content":"#### 14J Effect of rollback by participating States on action taken under State reference information gathering provisions\n\n14J Effect of rollback by participating States on action taken under State reference information gathering provisions\n\n> > (1) When this section applies This section applies if—\n> > \n> > > (a) a proclamation is made under the \\*referral Act or \\*adoption Act of a \\*participating State for the purposes of this section; and\n> > \n> > > (b) the proclamation declares that an \\*express amendment of this Act (other than this Subdivision) is not to apply to—\n> > > \n> > > > (i) an application covered by subsection (3); or\n> > > \n> > > > (ii) an order made as a result of an application covered by subsection (3); or\n> > > \n> > > > (iii) a notice covered by subsection (4); and\n> > \n> > > (c) the proclamation comes into force in the period of 6 months beginning on the day the amendment is enacted.\n> \n> > (2) Application of this Act to the application, order or notice This Act applies to the application, order or notice as if the amendment had not been enacted.\n> \n> > (3) Applications for production orders This subsection covers an application if—\n> > \n> > > (a) the application is made while the proclamation is in force; and\n> > \n> > > (b) the application is for the making of a \\*production order under clause 1 of Schedule 1; and\n> > \n> > > (c) the application is made by an \\*authorised State/Territory officer of the State.\n> \n> > (4) Notices to financial institutions This subsection covers a notice if—\n> > \n> > > (a) the notice is given while the proclamation is in force; and\n> > \n> > > (b) the notice is given to a \\*financial institution under clause 12 of Schedule 1; and\n> > \n> > > (c) the notice is given by an official of the State specified in subclause 12(3) of Schedule 1.","sortOrder":70},{"sectionNumber":"14K","sectionType":"section","heading":"Effect of rollback by self-governing Territories on action taken under State reference information gathering provisions","content":"#### 14K Effect of rollback by self-governing Territories on action taken under State reference information gathering provisions\n\n14K Effect of rollback by self-governing Territories on action taken under State reference information gathering provisions\n\n> > (1) When this section applies This section applies if—\n> > \n> > > (a) a law (the disapplying law) of a \\*self-governing Territory is made for the purposes of this section; and\n> > \n> > > (b) the disapplying law declares that an \\*express amendment of this Act (other than this Subdivision) is not to apply to—\n> > > \n> > > > (i) an application covered by subsection (3); or\n> > > \n> > > > (ii) an order made as a result of an application covered by subsection (3); or\n> > > \n> > > > (iii) a notice covered by subsection (4); and\n> > \n> > > (c) the disapplying law comes into force in the period of 6 months beginning on the day the amendment is enacted.\n> \n> > (2) Application of this Act to the application, order or notice This Act applies to the application, order or notice as if the amendment had not been enacted.\n> \n> > (3) Applications for production orders This subsection covers an application if—\n> > \n> > > (a) the application is made while the disapplying law is in force; and\n> > \n> > > (b) the application is for the making of a \\*production order under clause 1 of Schedule 1; and\n> > \n> > > (c) the application is made by an \\*authorised State/Territory officer of the Territory.\n> \n> > (4) Notices to financial institutions This subsection covers a notice if—\n> > \n> > > (a) the notice is given while the disapplying law is in force; and\n> > \n> > > (b) the notice is given to a \\*financial institution under clause 12 of Schedule 1; and\n> > \n> > > (c) the notice is given by an official of the Territory specified in subclause 12(3) of Schedule 1.","sortOrder":71},{"sectionNumber":"sch.3-sec.2-frag-div-sdiv-oc.3","sectionType":"division","heading":"Subdivision C—Interaction of the national unexplained wealth provisions and orders with State and Territory laws and orders","content":"### sch.3-sec.2-frag-div-sdiv-oc.3 Subdivision C—Interaction of the national unexplained wealth provisions and orders with State and Territory laws and orders\n\nSubdivision C—Interaction of the national unexplained wealth provisions and orders with State and Territory laws and orders","sortOrder":72},{"sectionNumber":"14L","sectionType":"section","heading":"Concurrent operation of State and Territory laws with national unexplained wealth provisions","content":"#### 14L Concurrent operation of State and Territory laws with national unexplained wealth provisions\n\n14L Concurrent operation of State and Territory laws with national unexplained wealth provisions\n\n> > (1) Concurrent operation of laws The \\*national unexplained wealth provisions do not exclude or limit the operation of a law of a State or Territory (including a \\*special confiscation law) to the extent that the law is capable of operating concurrently with those provisions.\n> \n> > (2) A \\*corresponding law of a State or Territory is a special confiscation law while the State is a \\*participating State or the Territory is a \\*self-governing Territory.\n> \n> > (3) Without limiting subsection (1), the \\*national unexplained wealth provisions do not exclude or limit the concurrent operation of a \\*special confiscation law merely because—\n> > \n> > > (a) that law, or an order made under that law—\n> > > \n> > > > (i) prevents or restricts a person from disposing of, or dealing with, property (for example, by way of a restraining order made under that law); or\n> > > \n> > > > (ii) confiscates or forfeits property of a person (for example, by way of a forfeiture order made under that law); or\n> > > \n> > > > (iii) requires the person to pay an amount (for example, by way of an unexplained wealth order made under that law); or\n> > > \n> > > > (iv) deals with a matter prescribed by the regulations; and\n> > \n> > > (b) the national unexplained wealth provisions, or an order made under those provisions, also—\n> > > \n> > > > (i) prevent or restrict the person from disposing of, or dealing with, the property (for example, by way of a restraining order under section 20A); or\n> > > \n> > > > (ii) require the person to pay an amount (for example, by way of an \\*unexplained wealth order); or\n> > > \n> > > > (iii) deal with a matter prescribed by the regulations.\n> \n> > (4) Subsection (3) applies even if the \\*special confiscation law, or order made under that law, does any one or more of the following—\n> > \n> > > (a) prevents or restricts a person from disposing of, or dealing with, property in circumstances in which a \\*restraining order under section 20A could not be obtained to prevent or restrict such disposal or dealing;\n> > \n> > > (b) prevents or restricts, in particular circumstances, disposal of, or dealing with, more or less property than could be covered by a restraining order under section 20A in those circumstances;\n> > \n> > > (c) prevents or restricts disposal of, or dealing with, property that is or could be excluded from a restraining order under section 20A;\n> > \n> > > (d) confiscates or forfeits, in particular circumstances, property of a greater or lesser value than the \\*unexplained wealth amount of a person under an \\*unexplained wealth order that is or could be made in those circumstances;\n> > \n> > > (e) requires payment of an amount that is greater or lesser than the amount that is or could be payable under an unexplained wealth order;\n> > \n> > > (f) deals with a matter prescribed by the regulations.\n> \n> > (5) This section does not affect section 14A This section does not by implication affect section 14A (which deals with the concurrent operation of this Act, except the \\*national unexplained wealth provisions, and laws of States and Territories).\n> \n> > (6) Application of this section This section applies in relation to the operation of the \\*national unexplained wealth provisions and a law of a \\*participating State or \\*self-governing Territory in the period referred to in subsection (7), including in relation to—\n> > \n> > > (a) orders that are made under a \\*special confiscation law in that period in relation to proceedings that are instituted under the special confiscation law before or in that period; and\n> > \n> > > (b) orders that are made under a special confiscation law before that period and that are in force at any time in that period; and\n> > \n> > > (c) orders that are made under the national unexplained wealth provisions in that period in relation to proceedings that are instituted under the national unexplained wealth provisions before or in that period.\n> \n> > (7) For the purposes of subsection (6), the period is as follows—\n> > \n> > > (a) for a \\*participating State that has a \\*referral Act—the period starts at the commencement of this section and ends only if the State ceases to be a participating State, in which case, the period ends at the time the State so ceases;\n> > \n> > > (b) for a participating State that has an \\*adoption Act—the period starts at the commencement of the State’s adoption Act and ends only if the State ceases to be a participating State, in which case, the period ends at the time the State so ceases;\n> > \n> > > (c) for a \\*self-governing Territory—the period starts at the commencement of this section and does not end.","sortOrder":73},{"sectionNumber":"14N","sectionType":"section","heading":"Transitional, application and saving provisions relating to the national cooperative scheme on unexplained wealth","content":"#### 14N Transitional, application and saving provisions relating to the national cooperative scheme on unexplained wealth\n\n14N Transitional, application and saving provisions relating to the national cooperative scheme on unexplained wealth\n\n> Schedule 2 has effect.","sortOrder":75},{"sectionNumber":"sch.3-sec.6-frag-sch-pt","sectionType":"part","heading":"Part 1—General","content":"# sch.3-sec.6-frag-sch-pt Part 1—General\n\nPart 1—General","sortOrder":80},{"sectionNumber":"sch.3-sec.6-frag-sch-pt-div","sectionType":"division","heading":"Division 1—Termination of State reference or adoption","content":"## sch.3-sec.6-frag-sch-pt-div Division 1—Termination of State reference or adoption\n\nDivision 1—Termination of State reference or adoption","sortOrder":81},{"sectionNumber":"sch.3-sec.6-frag-sch-pt-div-oc.2","sectionType":"division","heading":"Division 2—Ceasing to be a relevant offence of a State","content":"## sch.3-sec.6-frag-sch-pt-div-oc.2 Division 2—Ceasing to be a relevant offence of a State\n\nDivision 2—Ceasing to be a relevant offence of a State","sortOrder":85},{"sectionNumber":"sch.3-sec.6-frag-sch-pt-oc.2","sectionType":"part","heading":"Part 2—Unexplained Wealth Legislation Amendment Act 2018","content":"# sch.3-sec.6-frag-sch-pt-oc.2 Part 2—Unexplained Wealth Legislation Amendment Act 2018\n\nPart 2—[Unexplained Wealth Legislation Amendment Act 2018](http://www.legislation.gov.au/)","sortOrder":88},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":null,"content":"# Schedule 4\n\nSchedule 4 (Repealed)\n\n**sch 4:** Rep 1987 No 15, sec 30C.","sortOrder":92}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: enabling a national cooperative scheme for unexplained wealth confiscation and information gathering. While the Act contains extensive machinery provisions (production orders, financial institution notices, rollback mechanisms), these are all ancillary to the core purpose of referring powers to the Commonwealth. The complexity arises from the need to coordinate State and federal systems, not from scope creep."},"complexity_factors":["Multiple overlapping referral mechanisms (text reference 1, text reference 2, and amendment reference) with different termination rules","Extensive cross-referencing to the Commonwealth Proceeds of Crime Act 2002 and the Criminal Code","Nested conditional logic for when States are 'participating', 'non-participating', or 'cooperating' (sections 14C and 14F of Schedule 3)","Complex temporal provisions — different commencement and termination dates, 6-month rollback windows, and transitional arrangements","Detailed machinery provisions for production orders and notices to financial institutions with multiple exceptions and defences (Schedule 2)","Sophisticated constitutional law concepts including section 51(xxxvii) referrals, express amendments vs substantive effect, and concurrent operation of laws","Multiple defined terms (47+ definitions across the Act and embedded Schedules) including recursive definitions referring to other defined terms","Mirror provisions between State referral Act and the amendments being made to Commonwealth legislation (Schedules 1-3 contain text that amends another Act)"],"plain_english_summary":"**What this legislation does**\n\nThis is a **State referral Act** (specifically from New South Wales) that hands over certain law-making powers to the Australian Federal Parliament. It allows the Commonwealth to make laws about **unexplained wealth** and **information gathering** that would otherwise be outside its constitutional power.\n\n**Key points:**\n\n- **Unexplained wealth** means property or wealth that might not have been lawfully acquired — essentially, assets that a person cannot explain the legitimate source of.\n- The Act **refers** (hands over) three types of matters to the Commonwealth:\n  - **Text reference 1**: Extending federal unexplained wealth laws to cover certain State offences\n  - **Text reference 2**: Setting up a national cooperative scheme for unexplained wealth\n  - **Amendment reference**: Allowing future changes to federal laws about unexplained wealth and information gathering\n\n- **Information gathering** powers let State authorities compel people to produce documents or financial records relevant to unexplained wealth investigations.\n\n**Who it affects:**\n\n- People suspected of having **unexplained wealth** derived from serious criminal activity\n- **Financial institutions** that may be required to provide account information\n- State law enforcement agencies (like the NSW Crimes Commission) who can use these powers\n\n**Important safeguards:**\n\n- The Commonwealth cannot make laws that force people to pay money or have property seized **without a court order**\n- The State can **terminate** (withdraw) these powers at any time by proclamation\n- There are **sunset clauses** — the references automatically expire after 6 years unless extended\n- **Rollback provisions** let the State block specific federal amendments it disagrees with\n\n**Why it matters:**\n\nThis creates a **national framework** for targeting organised crime by going after the money, not just the crimes. It lets federal agencies use stronger powers to confiscate wealth that criminals can't explain, while allowing States to retain control through termination and rollback mechanisms."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The Act's core scope remains a referral: to empower the Commonwealth to amend the Commonwealth Proceeds of Crime Act to cover unexplained wealth and information gathering (s 1, s 4). It creates a cooperative multi‑jurisdictional framework, sets limits on non‑court seizures/payments (s 4(2)), and builds in rollbacks, timing controls and transitional rules (ss 9–13; sch 3). Those mechanisms refine implementation rather than alter the Act’s primary referral purpose."},"complexity_factors":["Constitutional referral architecture and multi‑path participation (referral, adoption, amendment references) creating differing legal bases across States and Territories — see s 1 (purpose), s 4 (reference of matters), s 14B–14C (participating State/adoption/referral structure).","Temporal and discretionary gates controlled by executive proclamations — commencement, extensions and early termination by the Governor(s) add variability and timing complexity — see ss 2, 9–13, 11–13.","Rollback mechanics allowing States/Territories to disapply particular Commonwealth express amendments for proceedings in flight, and detailed effects of rollback — see s 7 and sch 3 (14G–14K).","Layered amendment model: the Act does not itself create all substantive rules but refers power to amend the Commonwealth Proceeds of Crime Act and inserts extensive schedules to effect that — see s 4 and Schedules 1–3.","Detailed information‑gathering regime with judicial (magistrate) production orders, limits on scope (business records, corporate possession), timeframes, retention, non‑application of privilege and penalties for non‑compliance — see Schedule 2, Part 1 (clauses 1–6, 4–6).","Notices to financial institutions with specified officials authorised to issue, prescribed documentary/transactional scope, protections for institutions and criminal penalties — see Schedule 2, Part 2 (clauses 12–17) and clause 14 (protection).","Disclosure, admissibility and parliamentary oversight rules governing how information obtained under the scheme may be shared and used — see Schedule 2, Part 3 (clauses 18–20).","Interaction with State special confiscation laws and concurrent operation rules (including preservation of State orders and sharing of proceeds) — see ss 14A, 14L, sch 3 (Divisions dealing with sharing and transitional provisions).","Extensive defined‑term network and cross‑references (definitions in s 3 and inserted s 338 entries) that change meaning depending on whether a State is participating, adopting or ceasing — increases interpretive load — see s 3, sch 3 (s 338 inserts).","Transitional, savings and application rules covering retrospective/forward application to documents, property and proceedings, and consequences when offences cease to be relevant or States cease participation — see sch 3 (Schedule 2, Parts 1–2) and ss 7–8 of that Schedule."],"plain_english_summary":"This Act refers to the Commonwealth Parliament the power to make express amendments to the Commonwealth Proceeds of Crime Act so it can create a national \"unexplained wealth\" regime and related information‑gathering powers. Mechanically, it enables production orders, notices to financial institutions, disclosure and information‑sharing, and creates temporal and termination controls for when those referral powers operate.\n\nIt affects individuals with substantial unexplained assets, financial institutions required to disclose records, State and Commonwealth enforcement agencies, and magistrates and governors who exercise key procedural and timing decisions."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act appears to serve its original narrow purpose as a constitutional referral instrument enabling NSW to participate in a national unexplained wealth scheme. The metadata shows only minor amendments across its versions (2018 and 2023), consistent with administrative or consequential updates rather than any expansion or contraction of its core purpose."},"complexity_factors":["Involves constitutional law concepts (referral of powers between state and Commonwealth under s51(xxxvii) of the Constitution)","Requires understanding of the national unexplained wealth legislative framework to appreciate full effect","Short and technical in nature — the complexity lies in what it enables, not its own text","Interoperability with Commonwealth legislation (Proceeds of Crime Act 2002) adds a layer of cross-jurisdictional complexity","Reversal of the normal legal burden of proof (you must prove innocence of your assets) is a significant and non-intuitive legal concept"],"plain_english_summary":"This NSW Act refers state powers to the Commonwealth so federal unexplained-wealth laws can operate in NSW. It lets federal authorities seek freezing or forfeiture of assets when a person cannot reasonably explain their wealth, supporting investigations into organised crime, drug trafficking and corruption. \n\nMost residents won’t notice it, but it helps federal and state agencies work under a consistent national scheme to pursue suspected serious criminals across state borders."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/unexplained-wealth-commonwealth-powers-act-2018","history":"/api/acts/unexplained-wealth-commonwealth-powers-act-2018/history","analysis":"/api/acts/unexplained-wealth-commonwealth-powers-act-2018/analysis","conflicts":"/api/acts/unexplained-wealth-commonwealth-powers-act-2018/conflicts","importantCases":"/api/acts/unexplained-wealth-commonwealth-powers-act-2018/important-cases","documents":"/api/acts/unexplained-wealth-commonwealth-powers-act-2018/documents"}}