Page 5606 - Week 17 - Thursday, 5 December 1991
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confiscation order can be made against an absconder, the court must be satisfied that the person has in fact absconded and that the person has either been committed for trial in respect of the offence or that a reasonable jury, properly instructed, could find the person guilty of the offence on the basis of the evidence put before it.
There is a special trust fund established to receive the funds generated under this legislation and apply those funds specifically to finance law enforcement and criminal justice activities in their fight against crime. This would mean that not only will criminals be denied their profits but those very profits will be reinvested in the fight against major crime. Available funds will also be used for drug prevention, education or rehabilitation, and victims of crime assistance and compensation.
These are the major features of the Proceeds of Crime Bill. The Bill will give to police effective and comprehensive means to carry on the fight against major crime.
I present the explanatory memorandum for the Bill.
Debate (on motion by Mr Collaery) adjourned.
PROCEEDS OF CRIME (CONSEQUENTIAL AMENDMENTS) BILL 1991
MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (10.55): I present the Proceeds of Crime (Consequential Amendments) Bill 1991. I move:
That this Bill be agreed to in principle.
This Bill is consequential on the Proceeds of Crime Bill, which I have just introduced. The Crimes Act 1900 contains a forfeiture provision which is additional to those contained in the Proceeds of Crime Bill.
The Bill amends the Crimes Act 1900 of the State of New South Wales in its application in the Territory to provide that articles confiscated pursuant to the Crimes Act be transferred to the Public Trustee. The Public Trustee shall, unless directed otherwise, sell and dispose of the articles. The proceeds of the sale will be used to meet the cost of the Public Trustee and the remainder paid into the Consolidated Assets Trust Fund. The intention of the amendment is to treat assets forfeited under the Crimes Act in the same way as that provided for in the Proceeds of Crime Bill.
I present the explanatory memorandum for the Bill.
Debate (on motion by Mr Collaery) adjourned.
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