Pillay Lynne: Criminal Proceeds (Recovery) Bill — In Committee 
Pillay Lynne: Criminal Proceeds (Recovery) Bill — In Committee 
[Volume:652;Page:1903] 
LYNNE PILLAY (Labour) 
: 
 It is a pleasure to stand and take a call on the Criminal Proceeds (Recovery) Bill. I join with my colleague Raymond Huo in acknowledging that this bill has been brought forward from the previous Labour Government. If we look at the 100 days of action this bill is up there in that it achieves a great deal. It is not window dressing and it does not deal to the most vulnerable in our society so on that basis I speak very strongly in support of this bill. 
The purpose of the bill as previous speakers have acknowledged is to reform the existing law by repealing the Proceeds of Crime Act of 1991. I think we all acknowledge and accept that life has become more sophisticated in many ways and certainly in terms of being accountable for crime in this country. Under the current Act property that either represents the profits of criminal offending or is used to facilitate the commission of a crime can be confiscated once the criminal conviction is secured. The major change in this bill is that a criminal conviction will no longer be required for the confiscation of property that represents the proceeds of crime or the value of unlawfully derived income. In a nutshell this bill is based on the principles that crime should not pay and crime must not pay. Labour members certainly believe that this legislation helps to uphold this very very important principle. 
I acknowledge Martin Gallagher who chaired the Law and Order Committee. The report from that select committee recommended a number of changes. [ 
Interruption 
] The peanut gallery over there has a few things to say but I suggest to those members that they might like to acknowledge the members of the select committee in the previous Parliament who were committed to legislation in terms of competency and scrutiny. The member interjecting Paul Quinn sits on the Justice and Electoral Committee that I sit on. He has much to learn in terms of applying his thinking to bills that come before the committee and trying to rationalise things but I guess those are things he will find difficult. I can see members on the other side of the House thinking “Tell us about it. He is a challenge.” I can see Chester Borrows nodding wisely and thinking “You think you’ve got problems mate.” We agree with Chester. 
Paul Quinn 
: I raise a point of order Mr Chairman. I suggest that the member is right off the topic of the purpose of this bill. She is giving a running commentary on the behaviour of the Justice and Electoral Committee. 
The CHAIRPERSON (Hon Rick Barker) 
: That is not a point of order; it is a point of process. The debate has been in quite good humour. People have wandered off the track and have often been encouraged to wander off the track by interjections from members on one side or the other. I suggest the member should let the debate go on and we will have an interesting conclusion. 
LYNNE PILLAY 
: Thank you Mr Chairman; that is very sensible. 
As I said I acknowledge the Law and Order Committee. I think the Minister in the chair Simon Power will acknowledge that a number of the recommended changes have been taken up. I can see him nodding wisely—if he could just do that again. Yes we can all see that. It is very effective. I would like to run through some of those recommendations. The first is that the police should be the recovery body—a very very sensible recommendation—and that the definition of the owner of property is extended to include those who may have an interest in it. That extends what I think was a key part of the original bill. That definition clarifies a very important part. The amendment to instruments of crime is to include the proceeds from the sale of property. Again if we are drawing in and making sure that everything is encapsulated it is a very very sensible amendment. Certainly the clarification of the circumstances in which property is acquired after a restraining order was made is very important.