Unexplained Wealth (Commonwealth Powers) Act 2018

What this section is about This section sets out the constitutional basis of the *national unexplained wealth provisions.

National unexplained wealth provisions The national unexplained wealth provisions are—

the *main unexplained wealth provisions; and

the *participating jurisdiction information gathering provisions; and

the *unexplained wealth machinery and transitional provisions.

Main unexplained wealth provisions The main unexplained wealth provisions are—

section 20A and Part 2-6; and

the other provisions of this Act in so far as they relate to that section or that Part; and

instruments made under this Act for the purposes of a provision referred to in paragraph (a) or (b).

Participating jurisdiction information gathering provisions The participating jurisdiction information gathering provisions are—

section 14M and Schedule 1; and

the other provisions of this Act in so far as they relate to that section or that Schedule; and

instruments made under this Act for the purposes of a provision referred to in paragraph (a) or (b).

Unexplained wealth machinery and transitional provisions The unexplained wealth machinery and transitional provisions are—

the following provisions (the main machinery and transitional provisions)—

sections 14A to 14L and 14N;

the definitions of adoption Act, amendment reference, cooperating State, express amendment, information gathering, main machinery and transitional provisions, main unexplained wealth provisions, national unexplained wealth provisions, non-participating State, participating jurisdiction information gathering provisions, participating State, post-amended version 1 of this Act, post-amended version 2 of this Act, pre-amended version of this Act, referral Act, relevant law 1, relevant law 2, special confiscation law, text reference 1, text reference 2, unexplained wealth and unexplained wealth machinery and transitional provisions in section 338;

Schedule 2; and

the other provisions of this Act in so far as they relate to any of the main machinery and transitional provisions; and

instruments made under this Act for the purposes of a provision referred to in paragraph (a) or (b).

Application in participating States The application of the *national unexplained wealth provisions in a *participating State is based on—

the legislative powers that the Commonwealth Parliament has because of a reference or an adoption by the Parliaments of the participating States under paragraph 51(xxxvii) of the Constitution; and

the other legislative powers that the Commonwealth Parliament has under the Constitution.

Application in non-participating States The application of the *national unexplained wealth provisions (other than the *unexplained wealth machinery and transitional provisions) in a *non-participating State is based on—

the legislative powers that the Commonwealth Parliament has under section 51 (other than paragraph 51(xxxvii)) and section 122 of the Constitution; and

the other legislative powers that the Commonwealth Parliament has under the Constitution.

The application of the *unexplained wealth machinery and transitional provisions in a *non-participating State that—

was a *participating State because it had referred to the Commonwealth Parliament—

*text reference 1; and

*text reference 2; and

the *amendment reference; and

ceased to be a participating State because it terminated either or both of the following—

the referral of text reference 1;

the referral of the amendment reference; and

has not terminated the referral of text reference 2;

the legislative powers that the Commonwealth Parliament has because of the referral of text reference 2 under paragraph 51(xxxvii) of the Constitution; and

the other legislative powers that the Commonwealth Parliament has under the Constitution.

The application of the *unexplained wealth machinery and transitional provisions in a *non-participating State that—

was a *participating State because it had—

adopted *post-amended version 1 of this Act; and

adopted *post-amended version 2 of this Act; and

referred to the Commonwealth Parliament the *amendment reference; and

ceased to be a participating State because it terminated either or both of the following—

the adoption of post-amended version 1 of this Act;

the referral of the amendment reference; and

has not terminated the adoption of post-amended version 2 of this Act;

the legislative powers that the Commonwealth Parliament has because of the adoption of post-amended version 2 of this Act under paragraph 51(xxxvii) of the Constitution; and

the other legislative powers that the Commonwealth Parliament has under the Constitution.

The application of the *unexplained wealth machinery and transitional provisions in a *non-participating State not covered by subsection (8) or (9) is based on—

the legislative powers that the Commonwealth Parliament has under section 51 (other than paragraph 51(xxxvii)) and section 122 of the Constitution; and

the other legislative powers that the Commonwealth Parliament has under the Constitution.

Application in a self-governing Territory The application of the *national unexplained wealth provisions in a *self-governing Territory is based on—

the legislative powers that the Commonwealth Parliament has under section 122 of the Constitution to make laws for the government of a Territory; and

the other legislative powers that the Commonwealth Parliament has under the Constitution.

Application outside Australia The application of the *national unexplained wealth provisions outside *Australia is based on—

the legislative powers that the Commonwealth Parliament has under paragraph 51(xxix) of the Constitution; and

the legislative powers that the Commonwealth Parliament has under section 51 (other than paragraph 51(xxix)) and section 122 of the Constitution; and

the other legislative powers that the Commonwealth Parliament has under the Constitution.