Crimes Legislation Amendment Act (No. 2) 2011 (Cth)

Crimes Legislation Amendment Act (No. 2) 2011 Act No. 174 of 2011 as amended This compilation was prepared on 27 November 2012 taking into account amendments up to Act No. 136 of 2012 The text of any of those amendments not in force on that date is appended in the Notes section The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section Prepared by the Office of Parliamentary Counsel, Canberra Contents 1 Short title [see Note 1] 2 Commencement 3 Schedule(s) Schedule 1—Australian Commission for Law Enforcement Integrity amendments Customs Administration Act 1985 Law Enforcement Integrity Commissioner Act 2006 Schedule 2—Proceeds of crime amendments Part 1—Responsible authorities for proceeds of crime: the DPP and the AFP Division 1—Main amendments Australian Federal Police Act 1979 Proceeds of Crime Act 2002 Division 2—Substituted references to proceeds of crime authority Proceeds of Crime Act 2002 Division 3—Substituted references to responsible authority Proceeds of Crime Act 2002 Division 4—Other references to the Director of Public Prosecutions Proceeds of Crime Act 2002 Division 5—Application of amendments of the Proceeds of Crime Act 2002 Division 6—Consequential amendments Administrative Decisions (Judicial Review) Act 1977 Bankruptcy Act 1966 Crimes Act 1914 Crimes Legislation Amendment (Serious and Organised Crime) Act 2010 Family Law Act 1975 Foreign Evidence Act 1994 International Criminal Court Act 2002 International War Crimes Tribunals Act 1995 Mutual Assistance in Criminal Matters Act 1987 Trade Marks Act 1995 Part 2—Other proceeds of crime amendments Proceeds of Crime Act 2002 Notes An Act to amend various Acts relating to the enforcement of the criminal law and proceeds of crime, and for related purposes 1 Short title [see Note 1] This Act may be cited as the Crimes Legislation Amendment Act (No. 2) 2011. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 5 December 2011 2. Schedule 1 The day after this Act receives the Royal Assent. 6 December 2011 3. Schedule 2, items 1 to 154 The later of: 1 January 2012 (a) 1 January 2012; and (b) the day after this Act receives the Royal Assent. 4. Schedule 2, items 155 to 194 A single day to be fixed by Proclamation. 5 June 2012 However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 5. Schedule 2, items 195 to 242 The later of: 1 January 2012 (a) 1 January 2012; and (b) the day after this Act receives the Royal Assent. 6. Schedule 2, Part 2 The day after this Act receives the Royal Assent. 6 December 2011 Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Australian Commission for Law Enforcement Integrity amendments Customs Administration Act 1985 1 After paragraph 16(2)(c) Insert: (ca) for the purposes of the Law Enforcement Integrity Commissioner Act 2006 or regulations under that Act; or Law Enforcement Integrity Commissioner Act 2006 2 Subsection 5(1) (after paragraph (b) of the definition of head) Insert: (ba) if the agency is Customs—the Chief Executive Officer of Customs; or 3 Subsection 5(1) (after paragraph (b) of the definition of law enforcement agency) Insert: (ba) Customs; or 4 After subsection 10(2) Insert: Customs staff members (2A) The following are staff members of Customs for the purposes of this Act: (a) the Chief Executive Officer of Customs; (b) a member of the staff referred to in subsection 15(1) of the Customs Administration Act 1985; (c) a person authorised by the Chief Executive Officer of Customs, in writing, to perform a function of a person employed in Customs. 5 After paragraph 10(5)(b) Insert: (ba) a person referred to in paragraph (2A)(c) is a secondee to Customs; and 6 Application (1) The amendments made by items 1 to 5 of this Schedule apply in relation to corrupt conduct, whether engaged in before or after the commencement of the Law Enforcement Integrity Commissioner Act 2006. (2) However, the requirement for the Chief Executive Officer of Customs to notify a corruption issue to the Integrity Commissioner under that Act only applies on and after this item commences. (3) To avoid doubt, the amendments made by items 1 to 5 apply in relation to corrupt conduct even if the conduct was engaged in at a time when Customs was known as the Australian Customs Service. (4) In this item: corrupt conduct has the same meaning as in the Law Enforcement Integrity Commissioner Act 2006. corruption issue has the same meaning as in the Law Enforcement Integrity Commissioner Act 2006. Schedule 2—Proceeds of crime amendments Part 1—Responsible authorities for proceeds of crime: the DPP and the AFP Division 1—Main amendments Australian Federal Police Act 1979 1 At the end of section 69C Add: (3) The Commissioner may, in writing, delegate to the Deputy Commissioner or a senior executive AFP employee all or any of the Commissioner's powers, functions or duties as a proceeds of crime authority under the Proceeds of Crime Act 2002 or any other Act. Note: As a proceeds of crime authority, the Commissioner may conduct proceedings under the Proceeds of Crime Act 2002, and has related powers, functions and duties under that Act and other Acts (see the definitions of proceeds of crime authority and responsible authority in section 338 of that Act). 2 Application of amendment—the Australian Federal Police Act 1979 (1) The amendment of the Australian Federal Police Act 1979 made by item 1 of this Schedule applies as set out in this item. (2) The amendment applies in relation to the Commissioner's powers, functions or duties as a proceeds of crime authority in relation to orders (or applications or proceedings for orders) under the Proceeds of Crime Act 2002 made or (in the case of proceedings) started before, at or after the commencement of item 1. (3) The amendments apply under subitem (2) of this item regardless of whether the conduct giving rise to those orders (or applications or proceedings for orders) occurred, or is suspected to have occurred, before, at or after the commencement of item 1. Proceeds of Crime Act 2002 3 After section 315A Insert: 315B Transfer of responsibility for principal orders and applications Transfer (1) A *proceeds of crime authority (the transferor authority) may, with the consent of the other proceeds of crime authority (the transferee authority), transfer to the other authority responsibility for: (a) an application for a *principal order (if the order has not been made); or (b) a principal order. Note 1: The proceeds of crime authority is the Commissioner of the Australian Federal Police, or the DPP (see the definition of proceeds of crime authority in section 338). Either authority may start and conduct proceedings under this Act. Note 2: The proceeds of crime authority that applies for a principal order under this Act, or to which responsibility is transferred under this section, is referred to in this Act as the responsible authority (see the definition in section 338). Note 3: The principal orders under this Act are restraining orders, forfeiture orders, pecuniary penalty orders, literary proceeds orders and unexplained wealth orders (see the definitions of principal order and the individual orders in section 338). (2) The transferee authority must give a written notice of transfer of responsibility for an application for a *principal order, or for a principal order, to: (a) in the case of a transfer of responsibility for an application for a principal order: (i) the court before which proceedings on the application are being heard (or are to be heard); and (ii) each party (if any) to those proceedings; and (iii) any court in which proceedings related to the application are being heard, or are to be heard, if the transferee authority considers it appropriate; and (iv) any person to whom notice of the application has been given; and (v) the Family Court of Australia, if an application has been made to that court by a *proceeds of crime authority for a stay of proceedings because of the application for the principal order, or that court has given notice to a proceeds of crime authority of a stay having been granted; or (b) in the case of a transfer of responsibility for a principal order: (i) the court that made the order; and (ii) each party (if any) to the proceedings in that court on the application for the order; and (iii) any court in which proceedings related to the order are being heard, or are to be heard, if the transferee authority considers it appropriate; and (iv) any person to whom notice of the order, or of the application for the order, has been given; and (v) the Family Court of Australia, if an application has been made to that court by a proceeds of crime authority for a stay of proceedings because of the order or the application for the order, or that court has given notice to a proceeds of crime authority of a stay having been granted. Note: Notice is not required to be given in the circumstances mentioned in subsection (4). (3) It is sufficient compliance with a requirement under subsection (2) to give a person (other than a court) a notice of transfer if the transferee authority takes reasonable steps to give the notice to the person. (4) The transferee authority for an application for a *restraining order or a *forfeiture order is not required to give any notice of the transfer (other than to the court before which proceedings on the application are being heard): (a) in the case of an application for a restraining order: (i) if the court has been requested under subsection 26(4) to consider the application without notice having been given to the person; or (ii) during a period ordered by the court under subsection 33(3) (delay in giving notice to protect integrity of an investigation or prosecution); or (b) in the case of an application for a forfeiture order—if the court has, under section 63 (person has absconded), dispensed with the requirement to give notice to the person under subsections 61(1) and 62(3). Day of effect (5) A transfer takes effect on the day the following court receives the notice of transfer given under subsection (2): (a) in the case of a transfer of responsibility for an application for a *principal order—the court before which proceedings on the application are being heard (or are to be heard); (b) in the case of a transfer of responsibility for a principal order—the court that made the order. Effects of transfer—proceedings etc. (6) On and after the day of effect of a transfer of responsibility for an application for a *principal order, or a principal order: (a) the transferee authority replaces the transferor authority as a party to any applications or proceedings (related applications or proceedings) under this or any other Act in relation to, or arising out of, the application or order, or to which the application or order is relevant; and (b) the transferee authority may (subject to this Act and any other Act) initiate, conduct or respond to any related applications or proceedings; and (c) the transferee authority is responsible for any functions, powers and duties under this Act, or any other Act, to be performed or exercised by a *responsible authority in relation to all of the following: (i) the application or the order; (ii) any related applications or proceedings; (iii) any order (including a principal order, or another principal order) arising out of related applications or proceedings. Effects of transfer—as between transferee and transferor authorities (7) On and after the day of effect of the transfer, the following paragraphs have effect in relation to the application or order and any related applications or proceedings: (a) the functions, powers and duties of the transferor authority are extinguished (subject to subsection (8)); (b) the transferee authority is bound by the actions of the transferor authority while it was the *responsible authority; (c) without limiting paragraph (b), the transferee authority is: (i) bound by any undertakings with respect to the payment of damages or costs, or both, entered into by the transferor authority while it was the responsible authority; and (ii) liable for any damages or costs awarded by any court against the transferor authority on or after that day, whether or not the damages or costs result from any action (or failure to act) of the transferor authority while it was the responsible authority. (8) However, the transferor authority continues to be liable on and after the day of effect of the transfer for any damages or costs that had been awarded against the authority, while it was the *responsible authority, in relation to the application or order and any related applications or proceedings. 4 Section 338 Insert: principal order means any of the following orders: (a) a *restraining order; (b) a *forfeiture order; (c) a *pecuniary penalty order; (d) a *literary proceeds order; (e) an *unexplained wealth order. 5 Section 338 Insert: proceeds of crime authority means: (a) the Commissioner of the Australian Federal Police; or (b) the *DPP. Note 1: Section 69C of the Australian Federal Police Act 1979 provides for the delegation of the functions, powers and duties of the Commissioner of the Australian Federal Police under this Act. Note 2: Section 31 of the Director of Public Prosecutions Act 1983 provides for the delegation of the functions of the DPP. Note 3: If an application for a principal order, or a principal order, has already been made, the proceeds of crime authority responsible for the application or the order is referred to as the responsible authority (see the definition in this section). 6 Section 338 Insert: responsible authority, in relation to an application for a *principal order, or a principal order, or to an application, proceedings, function, order, power or duty related to, or arising out of, such an application or order, means: (a) in the case of an application for a principal order: (i) the *proceeds of crime authority that made the application; or (ii) if responsibility for the application has been transferred under section 315B—the proceeds of crime authority to which responsibility has been transferred (or has been latest transferred) under that section; or (b) in the case of a principal order: (i) the proceeds of crime authority that made the application for the order; or (ii) if responsibility for that application, or the order, has been transferred under section 315B—the proceeds of crime authority to which responsibility has been transferred (or has been latest transferred) under that section. Note 1: The proceeds of crime authority is the Commissioner of the Australian Federal Police, or the DPP (see the definition of proceeds of crime authority in this section). Either authority may start and conduct proceedings under this Act. Note 2: Section 315B provides that responsibility for an application for a principal order, or for a principal order, may be transferred between the 2 proceeds of crime authorities. Division 2—Substituted references to proceeds of crime authority Proceeds of Crime Act 2002 7 Multiple amendments The specified provisions of the Proceeds of Crime Act 2002 listed in items 8 to 30 of this Division are amended by: (a) omitting "the *DPP" (wherever occurring) and substituting "a *proceeds of crime authority"; and (b) omitting "The *DPP" (wherever occurring) and substituting "A *proceeds of crime authority"; and (c) omitting "the DPP" (wherever occurring) and substituting "a proceeds of crime authority". 8 Paragraph 17(1)(c) 9 Paragraph 18(1)(c) 10 Paragraph 19(1)(c) 11 Paragraph 20(1)(c) 12 Paragraph 20A(1)(c) 13 Section 25 Note: The heading to section 25 is altered by omitting "DPP" and substituting "Proceeds of crime authority". 14 Section 27 Note: The heading to section 27 is altered by omitting "DPP" and substituting "Proceeds of crime authority". 15 Paragraphs 48(1)(a) and (2)(a) 16 Section 50 (note) 17 Paragraph 54(a) 18 Subsection 59(1) Note: The heading to section 59 is altered by omitting "DPP" and substituting "Proceeds of crime authority". 19 Subsection 60(1) 20 Paragraphs 60(3)(a) and (b) 21 Paragraph 116(1)(a) 22 Subsection 134(1) Note: The heading to section 134 is altered by omitting "DPP" and substituting "Proceeds of crime authority". 23 Subsection 135(1) 24 Paragraphs 152(1)(a) and (2)(a) 25 Subsection 162(1) Note: The heading to section 162 is altered by omitting "DPP" and substituting "Proceeds of crime authority". 26 Paragraph 179B(1)(a) 27 Section 179M Note: The heading to section 179M is altered by omitting "DPP" and substituting "Proceeds of crime authority". 28 Subsection 179N(1) 29 Subsection 179P(1) 30 Paragraph 307(4)(c) Division 3—Substituted references to responsible authority Proceeds of Crime Act 2002 31 Multiple amendments The specified provisions of the Proceeds of Crime Act 2002 listed in items 32 to 114 of this Division are amended by: (a) omitting "*DPP" (wherever occurring) and substituting "*responsible authority"; and (b) omitting "DPP" (wherever occurring) and substituting "authority"; and (c) omitting "*DPP's" (wherever occurring) and substituting "*responsible authority's". 32 Subsection 21(2) 33 Paragraph 24(2)(b) 34 Subsections 24A(3) and (4) 35 Subsections 26(1), (2), (4) and (5) 36 Subsections 30(2), (3) and (4) 37 Subsections 31(4), (5) and (6) 38 Paragraph 32(b) Note: The heading to section 32 is altered by omitting "DPP" and substituting "responsible authority". 39 Subsections 33(1) to (4) 40 Subsections 36(1) and (2) 41 Paragraphs 39(2)(a) and (3A)(a) 42 Subsections 39(4A) and (4B) 43 Subsections 42(2) and (4) 44 Section 43 45 Paragraphs 44(1)(d) and (2)(d) 46 Paragraph 49(1)(e) Note: Subsection 49(1) is also amended by item 122 of this Schedule. 47 Subsections 61(1) and (2) 48 Paragraphs 62(1)(a) and (b) 49 Subsection 62(3) 50 Section 63 51 Paragraph 67(1)(b) 52 Subsection 67(2) 53 Subparagraph 68(1)(b)(i) 54 Subsections 75(1), (2) and (3) Note: Subsection 75(1) is also amended by item 123 of this Schedule. 55 Section 76 56 Subsections 79(1), (2) and (3) Note: Subsection 79(1) is also amended by item 124 of this Schedule. 57 Section 79A 58 Paragraphs 81(1)(b) and (2)(b) 59 Subsection 82(1) (including the note) 60 Subsection 82(2) 61 Paragraphs 84(1)(a) and (b) 62 Subsections 87(2) and (3) 63 Subsection 92A(2) 64 Subsection 93(4) 65 Subsections 94(3) to (6) 66 Subsections 94A(6) to (9) 67 Paragraph 95(a) 68 Subsection 97(2) 69 Subsections 104(4) to (7) 70 Paragraphs 107(1)(c) and (2)(b) 71 Subsection 108(1) (including the note) 72 Subsection 108(2) 73 Paragraph 110(1)(b) Note: Subsection 110(1) is also amended by item 127 of this Schedule. 74 Subsection 113(3) 75 Subsections 133(1) and (4) 76 Subsections 136(1), (2) and (3) 77 Paragraphs 137(1)(a) and (b) 78 Subsection 137(3) 79 Paragraph 141(1)(b) 80 Subsection 141(4) 81 Paragraphs 146(1)(b) and (2)(b) 82 Subsection 146(2A) 83 Section 147 (including the note) 84 Section 149 85 Paragraph 149A(1)(b) 86 Subsections 161(1) and (5) 87 Subsections 163(1) and (2) 88 Paragraphs 164(1)(a) and (b) 89 Subsection 164(3) 90 Paragraph 168(1)(b) 91 Subsection 168(4) 92 Paragraphs 173(1)(b) and (2)(b) 93 Section 174 (including the note) 94 Section 176 95 Subsection 178(2) 96 Subsection 179B(3) 97 Subsections 179CA(3), (4) and (5) 98 Section 179D 99 Subsection 179EA(2) 100 Subsections 179K(1) and (4) 101 Subsections 179N(2) and (3) 102 Subsections 179Q(2) and (3) 103 Paragraph 179S(1)(b) 104 Subsection 179S(4) 105 Subsection 182(2) 106 Subsection 183(1) 107 Paragraph 187(1)(b) 108 Paragraph 188(3)(c) 109 Subsection 189(1) 110 Paragraphs 191(1)(b) and (c) 111 Paragraph 192(b) 112 Paragraph 193(1)(b) 113 Paragraph 194(2)(b) 114 Paragraph 322(5)(b) Note: Subsection 322(5) is also amended by item 138 of this Schedule. Division 4—Other references to the Director of Public Prosecutions Proceeds of Crime Act 2002 115 Paragraph 15Q(2)(b) Repeal the paragraph, substitute: (b) the person has given written notice of the application and the grounds for the application to the *enforcement agency mentioned in the paragraph of the definition of authorised officer in section 338 that describes the *authorised officer who applied for the freezing order; and 116 Subsection 29(1) (note) Omit "DPP", substitute "responsible authority". 117 Section 29A (note) Omit "DPP", substitute "responsible authority". 118 Subsection 34(2) Omit "*DPP", substitute "*responsible authority for the *restraining order". 119 Subsection 35(1) Omit "If the *DPP has previously applied to a *registration authority under section 34 for the recording in a register of particulars of a *restraining order covering particular property, the DPP", substitute "If the *responsible authority for a *restraining order covering particular property has previously applied to a *registration authority under section 34 for the recording in a register of particulars of the order, the responsible authority". 120 Section 46 Omit "the DPP", substitute "a proceeds of crime authority (the Commissioner of the Australian Federal Police or the DPP)". 121 Paragraphs 47(1)(a) and (b) Repeal the paragraphs, substitute: (a) the *responsible authority for a *restraining order under section 18 that covers the property applies for an order under this subsection; and (b) the restraining order has been in force for at least 6 months; and 122 Paragraphs 49(1)(a) and (b) Repeal the paragraphs, substitute: (a) the *responsible authority for a *restraining order under section 19 that covers the property applies for an order under this subsection; and (b) the restraining order has been in force for at least 6 months; and 123 At the end of subsection 75(1) Add: Note: The responsible authority in relation to an application for an exclusion order is the authority responsible for the forfeiture order or forfeiture application referred to in section 73 (making exclusion orders). 124 At the end of subsection 79(1) Add: Note: The responsible authority in relation to an application for a compensation order is the authority responsible for the forfeiture order or forfeiture application referred to in section 77 (making compensation orders). 125 Subsection 92A(1) Omit "*DPP", substitute "*responsible authority for the *restraining order referred to in paragraph 92(1)(b)". 126 Subsection 92A(1) Omit "DPP", substitute "authority". 127 Paragraphs 97(1)(b) and 110(1)(a) Omit "*DPP", substitute "*responsible authority for the *restraining order referred to in paragraph 92(1)(b)". 128 Subsection 113(2) Omit "*DPP", substitute "*responsible authority for the *restraining order referred to in paragraph 92(1)(b)". 129 Subsection 113(2) Omit "DPP", substitute "authority". 130 Subsection 116(4) (note) Omit "the DPP applying for", substitute "applications". 131 Subsection 143(1) Omit "*DPP", substitute "*responsible authority for the *pecuniary penalty order or *restraining order referred to in that section". 132 Subsection 170(1) Omit "*DPP", substitute "*responsible authority for the *literary proceeds order or *restraining order referred to in that section". 133 At the end of subsection 170(1) Add: Note: A charge is created under section 169 if both a literary proceeds order and a restraining order have been made in relation to an indictable offence (or related offence). 134 Subsection 182(1) Omit "*DPP", substitute "*responsible authority for the *principal order, or the application for a principal order, in relation to which the examination order is sought". 135 Subsections 282(4) and 282A(4) Omit "*DPP", substitute "*responsible authority for the relevant order". 136 Section 294 Omit "*DPP", substitute "*responsible authority for the *restraining order referred to in section 293". 137 Paragraph 297(ga) Omit "*DPP", substitute "*responsible authority for the *principal order, or application for a principal order, in relation to which the examination was conducted". 138 Subsection 322(5) Omit "*DPP", substitute "*responsible authority for the targeted order". Division 5—Application of amendments of the Proceeds of Crime Act 2002 139 Application of amendments—Divisions 1 to 4 of this Schedule (1) The amendments of the Proceeds of Crime Act 2002 made by items 3 to 138 of this Schedule apply as set out in this item. (2) The amendments apply in relation to orders (or applications or proceedings for orders) under the Proceeds of Crime Act 2002 made or (in the case of proceedings) started before, at or after the commencement of those items. (3) The amendments apply under subitem (2) of this item regardless of whether the conduct giving rise to those orders (or applications or proceedings for orders) occurred, or is suspected to have occurred, before, at or after the commencement of those items. Division 6—Consequential amendments Administrative Decisions (Judicial Review) Act 1977 140 Paragraphs (ya) and (yb) of Schedule 1 Omit "the DPP", substitute "a proceeds of crime authority". 141 After paragraph (yb) of Schedule 1 Insert: (yc) decisions of a proceeds of crime authority to transfer to another proceeds of crime authority responsibility for an application for a principal order, or a principal order, under section 315B of the Proceeds of Crime Act 2002; Bankruptcy Act 1966 142 Subsection 5(1) Insert: Commonwealth proceeds of crime authority means a proceeds of crime authority within the meaning of the Proceeds of Crime Act 2002. Note: Under that Act, the proceeds of crime authority is either the Commissioner of the Australian Federal Police or the Director of Public Prosecutions (see the definition of proceeds of crime authority in section 338 of that Act). Responsibility can be transferred between these authorities (see section 315B of that Act). 143 Paragraph 12(1C)(a) Omit "the Director of Public Prosecutions", substitute "the Commonwealth proceeds of crime authority that is the responsible authority, or that is proposed to be the responsible authority, for the application or proposed application under the Proceeds of Crime Act 2002". 144 Subsection 58A(3) After "Director of Public Prosecutions", insert "(or the Commissioner of the Australian Federal Police, if the Commissioner is the Commonwealth proceeds of crime authority that is the responsible authority for the order under the Proceeds of Crime Act 2002)". 145 Section 114C After "Director of Public Prosecutions", insert "(or the Commissioner of the Australian Federal Police, if the Commissioner is the Commonwealth proceeds of crime authority that is the responsible authority for the order under the Proceeds of Crime Act 2002)". Note: The heading to section 114C is altered by inserting "or Commissioner of the Australian Federal Police" after "Director of Public Prosecutions". 146 Paragraph 154(6)(a) Repeal the paragraph, substitute: (a) an application is made for an order under this subsection by a person mentioned in subsection (6A); and 147 After subsection 154(6) Insert: (6A) For the purposes of paragraph (6)(a), the application may be made by: (a) in the case of pending proceedings in relation to a forfeiture order or a pecuniary penalty order under the Proceeds of Crime Act 2002—the Commonwealth proceeds of crime authority that is, or that is proposed to be, the responsible authority for the application for the order under that Act; or (b) in the case of pending proceedings under a corresponding law—a person who is entitled to apply for an interstate confiscation order under the corresponding law. 148 Paragraph 231A(2)(a) Repeal the paragraph, substitute: (a) an application is made for an order under this subsection by a person mentioned in subsection (2A); and 149 After subsection 231A(2) Insert: (2A) For the purposes of paragraph (2)(a), the application may be made by: (a) in the case of pending proceedings in relation to a forfeiture order or a pecuniary penalty order under the Proceeds of Crime Act 2002—the Commonwealth proceeds of crime authority that is, or that is proposed to be, the responsible authority for the application for the order under that Act; or (b) in the case of pending proceedings under a corresponding law—a person who is entitled to apply for an interstate confiscation order under the corresponding law. 150 Application of amendments—the Bankruptcy Act 1966 (1) The amendments of the Bankruptcy Act 1966 made by items 142 to 149 of this Schedule apply as set out in this item. (2) The amendments apply in relation to proceeds of crime orders (or applications, proceedings or pending proceedings for proceeds of crime orders), or proceedings under the Bankruptcy Act 1966, made or (in the case of proceedings) started before, at or after the commencement of those items. (3) The amendments apply under subitem (2) of this item regardless of whether the conduct giving rise to those orders (or applications or proceedings for orders) occurred, or is suspected to have occurred, before, at or after the commencement of those items. Crimes Act 1914 151 Paragraph 15YU(4)(a) Omit "Director of Public Prosecutions", substitute "responsible authority for the proc