Director of Public Prosecutions (WA) v Mansfield

[2008] WASCA 5

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Constitutional Law (Cth)
2. › Inconsistency of laws
3. › Section 109 of the Constitution
4. › State proceeds of crime legislation
5. › Whether inconsistent with Commonwealth Proceeds of Crime Act 1987 (Cth) and Proceeds of Crime Act 2002 (Cth)
6. › Whether Commonwealth legislation intended to cover the field
7. › Express provision for concurrent operation of state laws
8. › Proceeds of Crime Act 2002 (Cth), s 15
1. Proceeds of Crime
2. › Criminal Property Confiscation Act 2000 (WA)
3. › Confiscation offence
4. › Whether offence against Corporations Law (WA) a confiscation offence
5. › Effect of Corporations (Western Australia) Act 1990 (WA) treating offences as Commonwealth offences for proceeds of crime purposes
6. › Whether 1990 Act exclusively applied Commonwealth proceeds of crime law
7. › Criminal Property Confiscation Act 2000 (WA), s 141
1. Corporations
2. › Transition from cooperative scheme to Commonwealth legislation
3. › Transitional provisions
4. › Substituted liability under Corporations Act 2001 (Cth), s 1400
5. › Whether transitional provisions create new offences under Corporations Act
6. › Whether offence carried over from Corporations Law (WA) is confiscation offence
1. Federal Jurisdiction
2. › State courts exercising federal jurisdiction
3. › Source of federal jurisdiction
4. › Whether defence raising s 109 inconsistency invokes federal jurisdiction
5. › Power of state DPP to prosecute in federal jurisdiction
6. › Judiciary Act 1903 (Cth), ss 39(2), 79
7. › Whether s 79 picks up state law conferring standing on state officer

Quick Take

The Criminal Property Confiscation Act 2000 (WA) applies to offences against the Corporations Act 2001 (Cth) carried over from the Corporations Law (WA) by s 1400, but did not apply to offences against the Corporations Law (WA) prior to 15 July 2001 because the Corporations (Western Australia) Act 1990 exclusively applied Commonwealth proceeds of crime law to such offences. The CPCA is not inconsistent with either the Proceeds of Crime Act 1987 (Cth) or the Proceeds of Crime Act 2002 (Cth) under s 109 of the Constitution, and the state DPP has standing to prosecute confiscation proceedings in federal jurisdiction by virtue of s 79 of the Judiciary Act 1903 (Cth).