Document ID: chunk:federal_register_of_legislation:C2018A00126:clause:1_14b:p1
Version: federal_register_of_legislation:C2018A00126
Segment Type: clause
Provision Reference: sch 1 cl 14B (pt 1/3)
Character Range: 4550–7694

14B  Constitutional basis of the national unexplained wealth provisions

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

National unexplained wealth provisions
 (2) The national unexplained wealth provisions are:
 (a) the *main unexplained wealth provisions; and
 (b) the *participating jurisdiction information gathering provisions; and
 (c) the *unexplained wealth machinery and transitional provisions.

Main unexplained wealth provisions
 (3) The main unexplained wealth provisions are:
 (a) section 20A and Part 2‑6; and
 (b) the other provisions of this Act in so far as they relate to that section or that Part; and
 (c) instruments made under this Act for the purposes of a provision referred to in paragraph (a) or (b).

Participating jurisdiction information gathering provisions
 (4) The participating jurisdiction information gathering provisions are:
 (a) section 14M and Schedule 1; and
 (b) the other provisions of this Act in so far as they relate to that section or that Schedule; and
 (c) instruments made under this Act for the purposes of a provision referred to in paragraph (a) or (b).

Unexplained wealth machinery and transitional provisions
 (5) The unexplained wealth machinery and transitional provisions are:
 (a) the following provisions (the main machinery and transitional provisions):
 (i) sections 14A to 14L and 14N;
 (ii) 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;
 (iii) Schedule 2; and
 (b) the other provisions of this Act in so far as they relate to any of the main machinery and transitional provisions; and
 (c) instruments made under this Act for the purposes of a provision referred to in paragraph (a) or (b).

Application in participating States
 (6) The application of the *national unexplained wealth provisions in a *participating State is based on:
 (a) 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
 (b) the other legislative powers that the Commonwealth Parliament has under the Constitution.

Application in non‑participating States
 (7) 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:
 (a) the legislative powers that the Commonwealth Parliament has under section 51 (other than paragraph 51(xxxvii)) and section 122 of