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Proceeds of Crime Act 2002

No. 85, 2002

Compilation No. 59

Compilation date: 7 January 2025

                Includes amendments: Act No. 110, 2024

About this compilation

This compilation

This is a compilation of the Proceeds of Crime Act 2002 that shows the text of the law as amended and in force on 7 January 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents
Chapter 1—Introduction
Part 1‑1—Preliminary
1 Short title
2 Commencement
3 Identifying defined terms
4 Application of the Criminal Code
Part 1‑2—Objects
5 Principal objects
Part 1‑3—Outline of this Act
6 General
7 The confiscation scheme (Chapter 2)
8 Information gathering (Chapter 3)
9 Administration (Chapter 4)
10 Miscellaneous (Chapter 5)
11 Interpreting this Act (Chapter 6)
Part 1‑4—Application
Division 1—General
12 Act to bind Crown
13 Act to apply both within and outside Australia
14 Application
14A Concurrent operation of State and Territory laws
Division 2—The national unexplained wealth provisions
Subdivision A—General
14B Constitutional basis of the national unexplained wealth provisions
14C What is a participating State?
14D Meaning of unexplained wealth
14E Meaning of information gathering
14F When a non‑participating State is a cooperating State
Subdivision B—Rollback of particular express amendments
14G Effect of rollback by participating States on unexplained wealth proceedings
14H Effect of rollback by self‑governing Territories on unexplained wealth proceedings
14J Effect of rollback by participating States on action taken under State