Unexplained Wealth (Commonwealth Powers) Act 2021

The following matters are referred to the Parliament of the

Commonwealth Proceeds of Crime Act:

matters relating to unexplained wealth (not including a matter excluded by subsection (2));

matters relating to information gathering.

The following matters are excluded for the purposes of subsection (1):

the matter of including a provision in section 20A or Part 2-6 of the Commonwealth Proceeds of Crime Act that requires a person to pay an amount otherwise than by order of a court;

the matter of including a provision in section 20A or Part 2-6 of the Commonwealth Proceeds of Crime Act that requires or permits property to be restrained, forfeited or seized otherwise than by order of a court.

The reference of a matter under subsection (1) has effect only—

if and to the extent that the matter is not included in the legislative powers of the Parliament of the Commonwealth (otherwise than by a reference for the purposes of section 51(xxxvii) of the

Constitution of the Commonwealth);

and

if and to the extent that the matter is included in the legislative powers of the Parliament of the State.

Despite any other provision of this section, a reference under subsection (1) has effect for a period—

beginning when this section commences; and

ending at the beginning of the day fixed under this Act as the day on which the reference is to terminate, but no longer.

The operation of a paragraph in subsection (1) is not affected by any paragraph contained in section 4(1).