Criminal Assets Confiscation (Prescribed Drug Offenders) Amendment Bill

Conference

The Hon. P. MALINAUSKAS (Minister for Police, Minister for Correctional Services, Minister for Emergency Services, Minister for Road Safety) (18:05): I have to report that the managers for the two houses conferred together and it was agreed that we should recommend to our respective houses:

As to Amendments Nos 1 and 2—

That the Legislative Council no longer insists on its amendments

As to Amendment No. 3—

That the Legislative Council no longer insists on its amendment but makes the following amendments in lieu thereof:

Clause 22, page 9, line 35 [clause 22, inserted section 209A(1)]—Delete 'Resources' and substitute 'Rehabilitation'

Clause 22, page 9, line 36 [clause 22, inserted section 209A(2)]—Delete 'Treasurer' and substitute 'Attorney-General'

Clause 22, page 10, line 6 [clause 22, inserted section 209A(3)(c)]—Delete 'Minister and the Treasurer' and substitute 'Attorney-General'

Clause 22, page 10, lines 15 to 20 [clause 22, inserted section 209A(5)]—Delete all words in these lines and substitute:

Attorney-General as additional government funding for the provision of programs and facilities, for the benefit of offenders, victims and other persons, that will further crime prevention and rehabilitation strategies.

Clause 22, page 10, line 29 [clause 22, inserted section 209A(7)]—Delete ', with the approval of the Treasurer,'

Clause 22, page 10, line 32 [clause 22, inserted section 209A(7)]—Delete 'is approved by the Treasurer' and substitute 'the Attorney-General thinks fit'

and that the House of Assembly agrees thereto.

As to Amendment No. 4—

That the Legislative Council no longer insists on its amendment but makes the following amendment in lieu thereof:

New clauses, page 11, after line 4—After clause 23 insert:

24—Insertion of section 229A

After section 229 insert:

229A—Annual report relating to prescribed drug offenders

(1) The Attorney-General must, on or before 30 September in each year, lay before both Houses of Parliament a report on the operation of the amendments enacted by the Criminal Assets Confiscation (Prescribed Drug Offenders) Amendment Act 2015 during the financial year ending on the preceding 30 June.

(2) A report under this section must include the following information for the financial year to which the report relates:

(a) the number of persons who became prescribed drug offenders during that period;

(b) the number of restraining orders made during that period in relation to persons who, if convicted of the serious offence to which the restraining order relates, will become prescribed drug offenders;

(c) details of property forfeited under this Act during that period that was owned by or subject to the effective control of a prescribed drug offender on the conviction day for the conviction offence.

(3) A report required under this section may be incorporated into any other report required to be laid before both Houses of Parliament by the Attorney-General.

25—Review of Act

(1) The Attorney-General must, within 3 years after the commencement of this Act, undertake a review of the amendments to the Criminal Assets Confiscation Act 2005 enacted by this Act.

(2) The Attorney-General must cause a report on the outcome of the review to be tabled in both Houses of Parliament within 12 sitting days after its completion.

And that the Legislative Council makes the following consequential amendments:

Clause 5, page 3, lines 17 to 19 [clause 5(3), inserted definition of protected property]—

Delete 'could not be taken in proceedings against the person under the laws of bankruptcy (as modified by regulations under this Act)' and substitute:

is of a class declared by regulation for the purposes of this definition

New clause, page 3, after line 32—After clause 5 insert:

5A—Amendment of section 6—Meaning of effective control

Section 6(1)(d)—delete paragraph (d) and substitute:

(d) if property is initially owned by a person and, within 6 years (whether before or after) of—

(i) an application for a restraining order or a confiscation order being made; or

(ii) the person becoming a prescribed drug offender,

is disposed of to another person without sufficient consideration, then the property is taken still to be subject to the effective control of the first person;

Clauses 10 to 13, page 6, lines 7 to 36—

Delete clauses 10, 11, 12 and 13 and substitute:

10—Insertion of Part 4 Division 1 Subdivision 1A

After section 56 insert:

Subdivision 1A—Deemed forfeiture orders

56A—Prescribed drug offenders

(1) Immediately on a person becoming a prescribed drug offender, a forfeiture order (a deemed forfeiture order) will be taken to have been made under Subdivision 1 by the convicting court.

(2) A deemed forfeiture order applies to all property owned by, or subject to the effective control of, the prescribed drug offender on the conviction day for the conviction offence other than the following:

(a) protected property of the prescribed drug offender;

(b) property that has been excluded from a restraining order under Part 3 Division 3;

(c) property that is otherwise forfeited to the Crown under this Act.

(3) Except as provided in subsection (4), section 59A and section 209A, this Act applies to a deemed forfeiture order in all respects as if it were a forfeiture order made under section 47(3)(a) in relation to conviction for the conviction offence, subject to such modifications as may be prescribed, or as may be necessary for the purpose.

(4) Any power that may be exercised by a court that is hearing or that is to hear an application for a forfeiture order may be exercised, in relation to a deemed forfeiture order, by the convicting court at any time within the period of 6 months (or such longer period as may be allowed by the convicting court) after the conviction day for the conviction offence.

(5) In this section—

convicting court, in relation to a prescribed drug offender, means the court that convicted the prescribed drug offender of the conviction offence.

56B—Court may declare that property has been forfeited under this Subdivision

A court may declare that particular property has been forfeited under this Subdivision if—

(a) the DPP applies to the court for the declaration; and

(b) the court is satisfied that the property is forfeited under this Subdivision.

Clause 14, page 7, lines 5 to 7 [clause 14, inserted section 59A(1)]—

Delete 'A court that has made a forfeiture order or a court that is hearing, or is to hear, an application for a forfeiture order, may make an order excluding property from forfeiture' and substitute:

If a person becomes a prescribed drug offender, the convicting court may make an order excluding property from forfeiture under Subdivision 1A

Clause 14, page 7, lines 10 to 13 [clause 14, inserted section 59A(1)(b) and (c)]—

Delete paragraphs (b) and (c) and substitute:

(b) the forfeiture applies to the applicant's property; and

Clause 14, page 7, line 26 [clause 14, inserted section 59A(2)(b)]—Delete 'the forfeiture order' and substitute 'Subdivision 1A'

And that the House of Assembly agrees thereto.

Consideration in committee of the recommendations of the conference.

The Hon. P. MALINAUSKAS: I move:

That the recommendations of the conference be agreed to.

The Hon. A.L. McLACHLAN: On behalf of the Liberal opposition, we are in concurrence with the outcome of the deadlock conference.

Motion carried.

At 18:08 the council adjourned until Thursday 4 August 2016 at 14:15.