{"id":"unexplained-wealth-commonwealth-powers-act-2021","name":"Unexplained Wealth (Commonwealth Powers) Act 2021","slug":"unexplained-wealth-commonwealth-powers-act-2021","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110632,"registerId":"sa-unexplained-wealth-commonwealth-powers-act-2021-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Unexplained Wealth (Commonwealth Powers) Act 2021","content":"South Australia\nUnexplained Wealth (Commonwealth Powers) Act 2021\nAn Act to adopt certain laws of the Commonwealth relating to unexplained wealth and information gathering, and 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, and to make related amendments to the Criminal Assets Confiscation Act 2005 and the Serious and Organised Crime (Unexplained Wealth) Act 2009.\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tAdoption of National Unexplained Wealth Laws\n5\tReference of matters\n6\tAmendment of Commonwealth law\n7\tRollback of particular express amendments\n8\tRelevant offences\n9\tTermination of adoption and amendment reference\n10\tTermination in particular circumstances\n11\tEffect of termination of amendment reference before termination of adoption 1\n12\tRegulations\nSchedule 1—Related amendments\nPart 1—Preliminary\n1\tAmendment provisions\nPart 2—Amendment of Criminal Assets Confiscation Act 2005\n2\tAmendment of section 209—Credits to Victims of Crime Fund\n3\tAmendment of section 209A—Credits to Justice Rehabilitation Fund\n4\tInsertion of Part 7 Division 3A\nDivision 3A—National cooperative scheme on unexplained wealth\n209B\tInterpretation\n209C\tApplication of Division—National Cooperative Scheme\n209D\tNotification of shareable proceeds\n209E\tContribution by foreign jurisdiction\n209F\tNet amount\n209G\tCJC subcommittee\n209H\tPayment to contributing non-participating State\n209I\tPayment to contributing CJC members\n209J\tPayment period\n209K\tPayment to Victims of Crime Fund or Justice Rehabilitation Fund\nPart 3—Amendment of Serious and Organised Crime (Unexplained Wealth) Act 2009\n5\tAmendment of section 45—Credits to Victims of Crime Fund\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Unexplained Wealth (Commonwealth Powers) Act 2021.\n2—Commencement\n\t(1)\tThis Act comes into operation on a day to be fixed by proclamation.\n\t(2)\tSection 7(5) of the Acts Interpretation Act 1915 does not apply to this Act or to a provision of this Act.\n3—Interpretation\nIn this Act, unless the contrary intention appears—\nadoption 1 means the adoption under section 4(1)(a);\nadoption 2 means the adoption under section 4(1)(b);\namendment reference means the reference under section 5(1);\nCommonwealth Proceeds of Crime Act means the Proceeds of Crime Act 2002 of the Commonwealth (as in force from time to time);\nexpress 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;\ninformation 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;\nlawfully acquired includes, but is not limited to, its meaning in the Commonwealth Proceeds of Crime Act as in force immediately before the enactment of the Unexplained Wealth (Commonwealth Powers) Act 2018 of New South Wales;\nNational Unexplained Wealth Laws 1 of the Commonwealth, means the post-amended version 1 of this Act within the meaning of section 14C of the Commonwealth Proceeds of Crime Act as that section is in force immediately before this Act is assented to by the Governor;\nNational Unexplained Wealth Laws 2 of the Commonwealth, means the post-amended version 2 of this Act within the meaning of section 14C of the Commonwealth Proceeds of Crime Act as that section is in force immediately before this Act is assented to by the Governor;\nproperty includes, but is not limited to, its meaning in the Commonwealth Proceeds of Crime Act as in force immediately before the enactment of the Unexplained Wealth (Commonwealth Powers) Act 2018 of New South Wales;\nrelevant offence means an offence of a kind specified in section 8;\nunexplained wealth means property or wealth that might not have been lawfully acquired;\nunexplained wealth provisions means—\n\t(a)\tsection 20A and Part 2-6 of the Commonwealth Proceeds of Crime Act; and\n\t(b)\tthe other provisions of that Act in so far as they relate to section 20A and Part 2-6 of that Act, and\n\t(c)\tinstruments made under that Act for the purposes of a provision referred to in paragraph (a) or (b);\nwealth includes, but is not limited to, its meaning in the Commonwealth Proceeds of Crime Act as in force immediately before the enactment of the Unexplained Wealth (Commonwealth Powers) Act 2018 of New South Wales.\n4—Adoption of National Unexplained Wealth Laws\n\t(1)\tThe following laws of the Commonwealth are adopted within the meaning of section 51(xxxvii) of the Constitution of the Commonwealth:\n\t(a)\tNational Unexplained Wealth Laws 1;\n\t(b)\tNational Unexplained Wealth Laws 2.\n\t(2)\tThe adoption of a law under subsection (1) has effect for a period—\n\t(a)\tbeginning when this section commences; and\n\t(b)\tending at the end of the day fixed under section 9 or 10 as the day on which the adoption is to terminate,\nbut no longer.\n\t(3)\tThe operation of a paragraph in subsection (1) is not affected by any other paragraph contained in that subsection or in section 5(1).\n5—Reference of matters\n\t(1)\tThe following matters are referred to the Parliament of the Commonwealth, 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\t(a)\tmatters relating to unexplained wealth (not including a matter excluded by subsection (2));\n\t(b)\tmatters relating to information gathering.\n\t(2)\tThe following matters are excluded for the purposes of subsection (1):\n\t(a)\tthe 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\t(b)\tthe 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\t(3)\tThe reference of a matter under subsection (1) has effect only—\n\t(a)\tif 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\t(b)\tif and to the extent that the matter is included in the legislative powers of the Parliament of the State.\n\t(4)\tDespite any other provision of this section, a reference under subsection (1) has effect for a period—\n\t(a)\tbeginning when this section commences; and\n\t(b)\tending at the beginning of the day fixed under this Act as the day on which the reference is to terminate,\nbut no longer.\n\t(5)\tThe operation of a paragraph in subsection (1) is not affected by any paragraph contained in section 4(1).\n6—Amendment of Commonwealth law\nFor the avoidance of doubt, it is the intention of the Parliament of the State that—\n\t(a)\tthe Commonwealth Proceeds of Crime Act may be expressly amended, or have its operation otherwise affected, at any time by provisions of Commonwealth Acts the operation of which is based on legislative powers that the Parliament of the Commonwealth has apart from a reference of any matters for the purposes of section 51(xxxvii) of the Constitution of the Commonwealth; and\n\t(b)\tthe Commonwealth Proceeds of Crime Act may have its operation affected, otherwise than by express amendment, at any time by provisions of instruments made or issued under that Act.\n7—Rollback of particular express amendments\n\t(1)\tFor the purposes of section 14G of the Commonwealth Proceeds of Crime Act, the Governor may, by proclamation, 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.\nNote—\nTo 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\t(2)\tFor the purposes of section 14J of the Commonwealth Proceeds of Crime Act, the Governor may, by proclamation, 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\t(a)\tan application covered by subsection (3) of that section; or\n\t(b)\tan order made as a result of an application referred to in paragraph (a); or\n\t(c)\ta notice covered by subsection (4) of that section.\nNote—\nTo 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.\n8—Relevant offences\nFor the purpose of the Commonwealth Proceeds of Crime Act, in so far as it relates to an offence of a kind that is specified by this Act, the following offences are specified:\n\t(a)\tan indictable offence against a law of the State;\n\t(b)\tan offence against—\n\t(i)\tsection 68(3) of the Criminal Law Consolidation Act 1935; or\n\t(ii)\tsection 52, 53, 72 or 74 of the Fisheries Management Act 2007; or \n\t(iii)\tsection 99 of the Liquor Licensing Act 1997; or\n\t(iv)\ta provision of the Lottery and Gaming Act 1936; or\n\t(v)\tsection 47, 48, 48A, 51 or 60 of the National Parks and Wildlife Act 1972; or\n\t(vi)\tsection 28(1)(a) or 41 of the Summary Offences Act 1953.\n9—Termination of adoption and amendment reference\n\t(1)\tThe Governor may, at any time, by proclamation, fix a day as the day on which—\n\t(a)\tadoption 1 and the amendment reference are to terminate; or\n\t(b)\tadoption 2 is to terminate; or\n\t(c)\tthe amendment reference is to terminate; or\n\t(d)\tadoption 1 is to terminate (if the amendment reference has been previously terminated).\n\t(2)\tThe Governor may, by proclamation, revoke a proclamation published under subsection (1).\n\t(3)\tA revoking proclamation under subsection (2) has effect only if published before the day fixed under subsection (1).\n\t(4)\tIf a revoking proclamation has effect, the revoked proclamation is taken, for the purposes of sections 4 and 5, never to have been published but the revocation does not prevent publication of a further proclamation under subsection (1).\n10—Termination in particular circumstances\n\t(1)\tThe Governor may, by proclamation, fix a day as the day on which adoption 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\t(2)\tWithout limiting subsection (1), 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\t(3)\tFor the purposes of section 14F of the Commonwealth Proceeds of Crime Act, the Governor may, by proclamation, fix a day as the day on which both adoption 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\t(4)\tThe Governor may, by proclamation, revoke a proclamation published under subsection (1) or (3).\n\t(5)\tA revoking proclamation under subsection (4) has effect only if published before the day fixed under subsection (1) or (3).\n\t(6)\tThe revocation of a proclamation published under subsection (1) or (3) does not prevent publication of a further proclamation under that subsection.\n\t(7)\tA proclamation under subsection (1) or (3) has effect despite any earlier proclamation published under section 9(1).\n11—Effect of termination of amendment reference before termination of adoption 1\n\t(1)\tIf the amendment reference is terminated but adoption 1 is not terminated, the termination of the amendment reference does not affect—\n\t(a)\tlaws that were made under the amendment reference (but not repealed) before that termination (whether or not they have come into operation before that termination); or\n\t(b)\tthe continued operation in this State of the Commonwealth Proceeds of Crime Act as in operation immediately before that termination or as subsequently amended or affected by—\n\t(i)\tlaws referred to in paragraph (a) that come into operation after that termination; or\n\t(ii)\tprovisions referred to in section 6.\n\t(2)\tAccordingly, the amendment reference continues to have effect for the purposes of subsection (1) unless adoption 1 is terminated.\n\t(3)\tSubsection (1) does not apply to or in relation to an amendment of the Commonwealth Proceeds of Crime Act that is excluded from the operation of this section by the proclamation that terminates the amendment reference.\n\t(4)\tFor the purposes of subsection (1)—\n\t(a)\tthe laws referred to in subsection (1)(a) include instruments under the Commonwealth Proceeds of Crime Act; and\n\t(b)\tthe reference in subsection (1)(b) to the Commonwealth Proceeds of Crime Act as in operation immediately before the termination of the amendment reference includes that legislation as affected by instruments under that Act that have come into operation before that time.\n12—Regulations\n\t(1)\tThe 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\t(2)\tWithout 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.\nSchedule 1—Related amendments\nPart 1—Preliminary\n1—Amendment provisions\nIn this Schedule, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.\nPart 2—Amendment of Criminal Assets Confiscation Act 2005\n2—Amendment of section 209—Credits to Victims of Crime Fund\n\t(1)\tSection 209(1)—after \"Subject to\" insert:\nDivision 3A,\n\t(2)\tSection 209(4), definition of equitable sharing program—after paragraph (b) insert:\nbut does not include the national cooperative scheme (within the meaning of section 209B(1));\n3—Amendment of section 209A—Credits to Justice Rehabilitation Fund\nSection 209A(4)—after \"Subject to\" insert:\nDivision 3A and\n4—Insertion of Part 7 Division 3A\nPart 7—after Division 3 insert:\nDivision 3A—National cooperative scheme on unexplained wealth\n209B—Interpretation\n\t(1)\tIn this Division, unless the contrary intention appears—\nCJC subcommittee—see section 209G;\nCooperating Jurisdiction Committee means the Cooperating Jurisdiction Committee established under the NCSUW agreement;\ncooperating State has the same meaning as in section 14F of the Proceeds of Crime Act 2002 of the Commonwealth (as in force from time to time);\ncorresponding proceeds has the same meaning as in the NCSUW agreement;\ndecision-making period means—\n\t(a)\tthe period specified in the NCSUW agreement as being the decision‑making period for the purposes of the national cooperative scheme; or\n\t(b)\tif paragraph (a) does not apply—the period prescribed by the regulations as being the decision‑making period for the purposes of the national cooperative scheme;\nforeign jurisdiction means a jurisdiction outside Australia;\nforfeiture proceeds means proceeds arising from a confiscation, forfeiture or payment under a relevant law that are paid or payable to this State;\nnational cooperative scheme means the National Cooperative Scheme on Unexplained Wealth established by the NCSUW agreement;\nNSC threshold has the same meaning as in the NCSUW agreement;\nNCSUW agreement means the Intergovernmental Agreement on the National Cooperative Scheme on Unexplained Wealth (as in force from time to time);\nnet amount—see section 209F(2);\nnon-participating State has the same meaning as in section 338 of the Proceeds of Crime Act 2002 of the Commonwealth (as in force from time to time);\nparticipating State has the same meaning as in section 14C of the Proceeds of Crime Act 2002 of the Commonwealth (as in force from time to time);\nrelevant law—each of the following laws is a relevant law:\n\t(a)\tsection 47 (forfeiture orders);\n\t(b)\tsection 56A (deemed forfeiture orders);\n\t(c)\tsection 72(1);\n\t(d)\tsection 73(f);\n\t(e)\tsection 74;\n\t(f)\tsection 81(1)(c);\n\t(g)\tsection 82(f);\n\t(h)\tsection 95 (pecuniary penalty orders);\n\t(i)\tsection 111 (literary proceeds orders);\n\t(j)\tsection 206;\n\t(k)\tsection 9 of the Serious and Organised Crime (Unexplained Wealth) Act 2009 (unexplained wealth orders);\n\t(l)\ta prescribed law;\nshareable—forfeiture proceeds are shareable if—\n\t(a)\tthe proceeds are corresponding proceeds of this State; and\n\t(b)\tthe amount of the proceeds exceeds the NCS threshold (whether or not the full amount is realised).\n\t(2)\tThe NCSUW agreement and the regulations may specify that the decision-making period starts or ends at a time before an amount is paid to the Victims of Crime Fund.\n\t(3)\tDecisions may be made under this Division in relation to an amount before the amount is paid to the Victims of Crime Fund or becomes the net amount.\n209C—Application of Division—National Cooperative Scheme\nThis Division—\n\t(a)\tapplies in respect of forfeiture proceeds of the State that are shareable under the national cooperative scheme; and\n\t(b)\tsets out the process for sharing with the Commonwealth or another State or Territory any forfeiture proceeds of the State that are shareable.\n209D—Notification of shareable proceeds\n\t(1)\tThe Minister must notify the Cooperating Jurisdiction Committee by notice in writing within 60 days of a final order, negotiated settlement or other forfeiture under a relevant law relating to forfeiture proceeds that are shareable under the national cooperative scheme.\n\t(2)\tA notification under subsection (1) must include sufficient information to enable a member jurisdiction of the Cooperating Jurisdiction Committee to determine if it has made a contribution for the purposes of the national cooperative scheme (within the meaning of the NCSUW agreement) in relation to the forfeiture proceeds the subject of the notification.\n209E—Contribution by foreign jurisdiction\nIf the Minister decides that—\n\t(a)\ta foreign jurisdiction has made a contribution in relation to the recovery of shareable forfeiture proceeds; and\n\t(b)\tit is appropriate that a specified amount of the proceeds be payable to the foreign jurisdiction,\nthen the specified amount is payable to the foreign jurisdiction.\n209F—Net amount\n\t(1)\tForfeiture proceeds that are shareable with the Commonwealth or another State or Territory under the national cooperative scheme are to be reduced by any amount that is payable under—\n\t(a)\tan order of a court under this Act; and\n\t(b)\tsection 209E.\n\t(2)\tThe amount left after any reduction is made under subsection (1) is the net amount.\n209G—CJC subcommittee\n\t(1)\tThe Cooperating Jurisdiction Committee must establish a subcommittee (the CJC subcommittee) for the purposes of deciding matters under this Division in relation to the net amount.\n\t(2)\tThe CJC subcommittee must consist of the following members of the Cooperating Jurisdiction Committee:\n\t(a)\tthis State; and\n\t(b)\tany other member of the Cooperating Jurisdiction Committee that is found, by unanimous decision of the Cooperating Jurisdiction Committee, to have made a contribution (within the meaning of the NCSUW agreement) in relation to the recovery of the forfeiture proceeds comprising the net amount.\n209H—Payment to contributing non-participating State\nIf, in the decision-making period, the CJC subcommittee makes a unanimous decision that—\n\t(a)\ta non-participating State (other than a cooperating State) made a contribution (within the meaning of the NCSUW agreement) in relation to the recovery of the forfeiture proceeds comprising the net amount; and\n\t(b)\tit is appropriate that a specified proportion of the net amount be payable to that State,\nthen the specified proportion of the net amount is payable to that State under the national cooperative scheme.\n209I—Payment to contributing CJC members\n\t(1)\tSubject to subsection (2), any part of the net amount that remains after the application of section 209H is to be divided into equal proportions between this State and each of the other jurisdictions represented on the CJC subcommittee and the resulting proportion for each of those other jurisdictions is payable to the jurisdiction under the national cooperative scheme.\n\t(2)\tIf the CJC subcommittee makes a unanimous decision in the decision-making period that—\n\t(a)\tit is inappropriate for the division referred to in subsection (1) to apply; and\n\t(b)\ta specified proportion, of any part of the net amount that remains after the application of section 209H, be payable to each of the jurisdictions represented on the subcommittee (other than this State),\nthen the specified proportion for each of those jurisdictions, of any part of the net amount that remains after the application of section 209H, is payable to the jurisdiction under the national cooperative scheme.\n209J—Payment period\nIf an amount is payable to the Commonwealth or another State or Territory under this section, then the Attorney‑General must cause the amount to be paid to the Commonwealth or the other State or Territory in the period that is—\n\t(a)\tthe period specified in the NCSUW agreement as being the payment period for the purposes of the national cooperative scheme; or\n\t(b)\tif paragraph (a) does not apply—the period prescribed by the regulations as being the payment period for the purposes of the national cooperative scheme.\n209K—Payment to Victims of Crime Fund or Justice Rehabilitation Fund\n\t(1)\tSubject to subsection (2), any amount of shareable forfeiture proceeds remaining after the application of this Division (being this State's share of the shareable forfeiture proceeds) must be paid into the Victims of Crime Fund.\n\t(2)\tShareable forfeiture proceeds of a prescribed drug offender remaining after the application of this Division (being this State's share of the shareable forfeiture proceeds of the prescribed drug offender) must be paid into the Justice Rehabilitation Fund.\n\t(3)\tAny amount paid to this State by the Commonwealth, another State or a Territory under the national cooperative scheme must be paid into the Victims of Crime Fund.\nPart 3—Amendment of Serious and Organised Crime (Unexplained Wealth) Act 2009\n5—Amendment of section 45—Credits to Victims of Crime Fund\n\t(1)\tSection 45—delete \"Money\" and substitute:\nSubject to subsection (2), money\n\t(2)\tSection 45—after its present contents as amended by this section (now to be designated as subsection (1)) insert:\n\t(2)\tMoney recovered by the Crown under an unexplained wealth order that is shareable forfeiture proceeds within the meaning of Division 3A of Part 7 of the Criminal Assets Confiscation Act 2005 is to be dealt with in accordance with that Division.\nLegislative history\nNotes\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2021\n27\n Unexplained Wealth (Commonwealth Powers) Act 2021 \n1.7.2021\n1.9.2021 (Gazette 18.8.2021 p3099)\n2025\n29\n Biodiversity Act 2025\n26.6.2025\nSch 5 (cl 99)—uncommenced\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act does not expand beyond its stated design: it temporarily adopts Commonwealth unexplained‑wealth laws and refers matters for express Commonwealth amendment while expressly excluding non‑judicial restraint/payment and preserving judicial orders (s4; s5(2)). It also creates a limited, procedural sharing arrangement for forfeiture proceeds and preserves Governor and interjurisdictional termination/rollback controls (Sch 209B–209K; s7, s9–10)."},"complexity_factors":["Intergovernmental mechanism: the Act both adopts Commonwealth laws and refers matters to the Commonwealth, producing layered federal–state legal interaction (s4, s5).","Limited reference scope: referrals permit only express amendments to the Commonwealth Proceeds of Crime Act and expressly exclude non‑judicial payment, restraint or seizure (s5(1)–(2)).","Governor discretion: proclamation powers allow termination, revocation and rollback of particular Commonwealth amendments, creating timing and retrospective-effect complexity (s7, s9–10, s11).","Cross‑references to external instruments and agreements: heavy reliance on the Commonwealth Proceeds of Crime Act, the NCSUW intergovernmental agreement and their defined terms (s3; Sch 209B).","New sharing regime: insertion of Division 3A establishes procedures, notification, contribution recognition, decision‑making bodies (CJC subcommittee) and payment timetables for shared forfeiture proceeds (Sch 209D–209J).","Funds interaction: amendments change how recovered money is credited to Victims of Crime Fund or Justice Rehabilitation Fund and how inbound payments are treated (Sch 209K; amendments to ss 209, 209A, s45 SOCUW Act).","Timing and procedural rules: statutory time limits for notification, decision‑making and payment periods introduce operational scheduling and compliance burdens (Sch 209D, 209J; Sch 209B(2)–(3)).","Definitions and dual adoptions: use of 'adoption 1' and 'adoption 2', plus post‑amended versions, creates interpretive layers about which Commonwealth text is in force (s3; s4)."],"plain_english_summary":"This Act adopts specified Commonwealth unexplained-wealth laws into South Australian law and refers related matters to the Commonwealth so the Commonwealth may expressly amend the Proceeds of Crime Act; it also amends State confiscation statutes to implement a national sharing scheme for forfeiture proceeds (s4, s5; Schedule Pt 2 Div 3A). People facing unexplained-wealth orders risk court-ordered restraint, forfeiture or payment and proceeds can be shared with other jurisdictions; the Governor and inter-jurisdictional committees control termination, rollback and sharing decisions (s5(2), s7, s9–11, Sch 209G–209K)."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"Insufficient data to assess whether the Act's scope changed from its original intent — the full legislative text was inaccessible due to a broken URL. No amendments or scope changes can be identified without the source document."},"complexity_factors":["Constitutional referral of powers mechanisms (s51(xxxvii)) are inherently complex legal instruments","Interaction between state and Commonwealth legislative frameworks creates multi-layered legal analysis","Unexplained wealth laws involve reversed burden of proof, raising significant legal and human rights considerations","Likely cross-references to Commonwealth Proceeds of Crime Act 2002 and related federal legislation","Civil forfeiture without criminal conviction involves complex evidentiary and procedural rules","Actual legislative text was unavailable, preventing full complexity assessment","Scope of referred powers must be precisely defined to avoid constitutional invalidity"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe actual text of the **Unexplained Wealth (Commonwealth Powers) Act 2021 (SA)** was not retrievable — the source URL returned a \"Page Not Found\" error from the South Australian legislation website.\n\n### What we can infer from the title alone:\n\nBased on its name, this Act likely deals with South Australia **referring (handing over) certain legislative powers** to the Commonwealth (federal) government in relation to **unexplained wealth laws**.\n\n- **Unexplained wealth laws** allow authorities to seize assets from a person who cannot explain how they legally acquired them — even without a criminal conviction. The burden of proof is reversed: *you* must prove your wealth is legitimate, not the government.\n- A \"Commonwealth Powers\" Act is a mechanism where a state parliament formally authorises the federal government to legislate on a matter that would otherwise be a state responsibility (under Section 51(xxxvii) of the Australian Constitution).\n\n### Who would be affected:\n- People suspected of links to organised crime or serious criminal activity\n- Law enforcement agencies (SA Police, Australian Federal Police, AUSTRAC)\n- Legal practitioners handling asset recovery matters\n- Property and business owners who may face investigation\n\n### Why it matters:\nUnexplained wealth regimes are among the most powerful tools available to combat organised crime — but also carry significant civil liberties implications, since they can result in asset forfeiture without a criminal conviction.\n\n> **Note:** A full analysis cannot be completed because the legislation text was not accessible. The above is based solely on the Act's title and general knowledge of similar legislation."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears tightly focused on its original purpose: enabling SA's participation in the national unexplained wealth scheme through constitutional referral and adoption mechanisms. The amendments to the Criminal Assets Confiscation Act 2005 and Serious and Organised Crime (Unexplained Wealth) Act 2009 are directly related to implementing the revenue-sharing aspects of this national scheme. There is no significant scope creep beyond the core purpose of facilitating interstate cooperation on unexplained wealth matters."},"complexity_factors":["Multiple nested definitions referencing external documents (NCSUW agreement, Commonwealth Proceeds of Crime Act) that change 'as in force from time to time'","Dual adoption mechanism (adoption 1 and adoption 2) with different termination triggers and interdependencies","Complex conditional logic in sections 9-11 regarding termination scenarios and their cascading effects","Extensive cross-referencing to Commonwealth legislation (Proceeds of Crime Act 2002) including specific sections (14C, 14F, 14G, 14J, 20A, Part 2-6)","Constitutional law mechanism (s 51(xxxvii) referral) requiring understanding of federal-State power dynamics","13 defined terms in section 3, plus 12 more in Schedule 1 Division 3A, many incorporating external definitions by reference","Rollback provisions (sections 7, 10) with strict 6-month time limits and specific exclusion clauses","Revenue-sharing calculations in Division 3A involving multiple decision points, subcommittees, and distribution hierarchies"],"plain_english_summary":"**What this law does:**\n\nThis is South Australia's way of joining a national crackdown on **unexplained wealth** — money and property that criminals can't prove they earned legally. Instead of South Australia writing its own separate laws, this Act **adopts** (borrows) Commonwealth (federal) laws and **refers** (hands over) certain powers to the federal Parliament so those laws can apply in SA.\n\n**Key things happening here:**\n\n- **Adoption of federal laws**: SA adopts two versions of the Commonwealth's \"National Unexplained Wealth Laws\" — these are special rules that let authorities target wealth that looks suspicious even if no specific crime has been proven.\n\n- **Handing over powers**: SA refers matters about unexplained wealth and information-gathering to the federal Parliament. This is done under **section 51(xxxvii)** of the Constitution — a provision that lets States temporarily give the Commonwealth extra powers to make national laws.\n\n- **Important limits**: SA keeps some control. The federal laws **cannot**:\n  - Force people to pay money without a court order\n  - Let police seize or freeze property without a court order\n\n- **Exit clauses**: SA can pull out of this arrangement at any time by proclamation (official government announcement), especially if the Commonwealth changes the laws in ways SA doesn't like.\n\n- **Money sharing rules**: New rules set up how SA shares confiscated criminal money with other States, Territories, and even foreign countries that helped catch the crooks. The cash eventually goes to the **Victims of Crime Fund** or **Justice Rehabilitation Fund**.\n\n- **Which crimes count**: The law lists specific SA offences that trigger these powers — ranging from serious indictable crimes to fisheries violations, liquor licensing breaches, and national parks offences.\n\n**Who it affects:**\n- People suspected of having wealth they can't explain\n- Law enforcement agencies working across State borders\n- Other States and Territories in the national scheme\n- Victims of crime (via the funds that receive confiscated money)\n\n**Why it matters:**\nThis creates a seamless national system for hitting organised crime where it hurts — their wallets. Without this, criminals could hide assets across State borders. SA keeps safeguards (court orders required) while getting the benefits of federal muscle and coordination."}},"importantCases":[],"_links":{"self":"/api/acts/unexplained-wealth-commonwealth-powers-act-2021","history":"/api/acts/unexplained-wealth-commonwealth-powers-act-2021/history","analysis":"/api/acts/unexplained-wealth-commonwealth-powers-act-2021/analysis","conflicts":"/api/acts/unexplained-wealth-commonwealth-powers-act-2021/conflicts","importantCases":"/api/acts/unexplained-wealth-commonwealth-powers-act-2021/important-cases","documents":"/api/acts/unexplained-wealth-commonwealth-powers-act-2021/documents"}}