Unexplained Wealth (Commonwealth Powers) Act 2018

Nothing in this section limits, or affects the operation of, section 9, 10, 11 or 12.

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.

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.

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.

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.

A revoking proclamation has effect only if published before the day fixed under subsection (2) or (4).

The revocation of a proclamation published under subsection (2) or (4) does not prevent publication of a further proclamation under that subsection.

A proclamation under subsection (2) or (4) has effect despite any earlier proclamation published under section 11 (1).