SERIOUS AND ORGANISED CRIME (UNEXPLAINED WEALTH) BILL

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No. 1. Clause 3, page 4, after line 11 [clause 3(1)]—Insert:

DPP means the Director of Public Prosecutions and includes a person acting in the position of Director of Public Prosecutions;

No. 2. Clause 6, page 5, line 34 [clause 6(1)]—After 'to the' insert:

DPP or the

No. 3. Clause 7, page 6, after line 16—Insert:

(2) In proceedings under this Act the Crown Solicitor acts as a model litigant for, and on behalf of, the State.

No. 4. Clause 9, page 6, lines 33 to 35 [clause 9(1)]—Delete subclause (1) and substitute:

(1) If the DPP reasonably suspects that a person has wealth that has not been lawfully acquired, the DPP may authorise the Crown Solicitor to make an application to the District Court under this section.

No. 5. Clause 12, page 8, line 38 [clause 12(1)(b)]—Delete 'Crown Solicitor' and substitute:

DPP

No. 6. Clause 12, page 9, line 1 [clause 12(2)]—Delete 'Crown Solicitor' and substitute:

DPP

No. 7. Clause 12, page 9, line 3 [clause 12(2)]—Delete 'Crown Solicitor' and substitute:

DPP

No. 8. Clause 12, page 9, line 9 [clause 12(2)(c)]—Delete 'Crown Solicitor' and substitute:

DPP

No. 9. Clause 12, page 9, line 15 [clause 12(3)]—Delete 'Crown Solicitor' and substitute:

DPP

No. 10. Clause 12, page 9, line 17 [clause 12(3)]—After 'Commissioner' insert:

of Police

No. 11. Clause 12, page 9, lines 18 to 28 [clause 12(4) to (6)]—Delete subclauses (4) to (6) inclusive

No. 12. Clause 34, page 19, line 31 [clause 34(2)]—After 'Attorney-General,' insert:

the DPP,

No. 13. New clause, page 20, after line 22—Insert:

36A—Authorisations by DPP

(1) An authorisation given by the DPP for the purposes of section 9 or section 12 lapses 3 years after the date on which it was given.

(2) In any proceedings—

(a) a certificate of the DPP certifying that the exercise of powers or functions specified in the certificate has been authorised in accordance with section 9 or section 12 is conclusive evidence of the matters so certified; and

(b) an apparently genuine document purporting to be a certificate of the DPP under this subsection is to be accepted in any proceedings as such a certificate in the absence of proof to the contrary.

(3) The DPP may not delegate any powers or functions of the DPP under section 9 or section 12.

No. 14. Clause 38, page 20, line 34 [clause 38(a)]—Delete 'Solicitor-General' and substitute:

DPP, the Crown Solicitor

No. 15. Clause 39, page 21, line 5 [clause 39(1)(a)]—Delete 'Crown Solicitor' and substitute:

DPP or the Crown Solicitor

No. 16. Clause 39, page 21, line 6 [clause 39(1)(b)]—Delete 'Crown Solicitor' and substitute:

DPP or the Crown Solicitor

No. 17. Clause 39, page 21, line 7 [clause 39(1)(b)]—Delete 'Crown Solicitor' and substitute:

DPP or the Crown Solicitor

No. 18. Clause 39, page 21, lines 10 and 11 [clause 39(2)]—Delete subclause (2) and substitute:

(2) Neither the DPP nor the Crown Solicitor are required to provide procedural fairness in exercising powers or performing functions under this Act.

No. 19. Clause 45, page 22, line 15 [clause 45(2)(b)]—After 'Attorney-General,' insert:

the DPP,