Commonwealth: Proceeds of Crime Act 2002 (Cth)

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 Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 reference information gathering provisions 14K Effect of rollback by self‑governing Territories on action taken under State reference information gathering provisions Subdivision C—Interaction of the national unexplained wealth provisions and orders with State and Territory laws and orders 14L Concurrent operation of State and Territory laws with national unexplained wealth provisions Subdivision D—Other matters 14M Information gathering by participating States and self‑governing Territories 14N Transitional, application and saving provisions relating to the national cooperative scheme on unexplained wealth Chapter 2—The confiscation scheme Part 2‑1A—Freezing orders 15A Simplified outline of this Part Division 1—Making freezing orders 15B Making freezing orders Division 2—How freezing orders are obtained 15C Affidavit supporting application made in person 15D Applying for freezing orders by telephone or other electronic means 15E Making order by telephone etc. 15F Unsigned freezing orders in court proceedings 15FA Prohibition of publication of evidence—proceedings for freezing orders 15G Offence for making false statements in applications 15H Offences relating to orders made under section 15E Division 3—Giving effect to freezing orders 15J Service of freezing order etc. on financial institution and account‑holder 15K Freezing order does not prevent withdrawals or transactions to enable financial institution to meet its liabilities 15L Offence for contravening freezing orders 15M Protection from suits etc. for those complying with orders Division 4—Duration of freezing orders 15N When a freezing order is in force 15P Order extending a freezing order Division 5—Varying scope of freezing orders 15Q Magistrate may vary freezing order to allow withdrawals or transactions to meet reasonable expenses Division 6—Revoking freezing orders 15R Application to revoke a freezing order 15S Notice of revocation of a freezing order Part 2‑1—Restraining orders 16 Simplified outline of this Part Division 1—Making restraining orders 17 Restraining orders—people convicted of or charged with indictable offences 18 Restraining orders—people suspected of committing serious offences 19 Restraining orders—property suspected of being proceeds of indictable offences etc. 20 Restraining orders—people suspected of deriving literary proceeds from indictable offences etc. 20A Restraining orders—unexplained wealth 21 Refusal to make an order for failure to give undertaking 22 Restraining orders must only relate to one suspect 23 Conditions on restraining orders 24 Allowance for expenses 24A Excluding property from or revoking restraining orders in certain cases when expenses are not allowed Division 2—How restraining orders are obtained 25 Proceeds of crime authority may apply for a restraining order 26 Notice of application 27 Proceeds of crime authority may choose under which section it applies for a restraining order 28 Prejudice to investigations 28A Prohibition of publication of evidence—proceedings for restraining orders Division 3—Excluding property from restraining orders 29 Excluding property from certain restraining orders 29A Excluding property from a restraining order made under section 20A 30 Application to exclude property from a restraining order before restraining order has been made 31 Application to exclude property from a restraining order after restraining order has been made 32 Application not to be heard unless responsible authority has had reasonable opportunity to conduct an examination Division 4—Giving effect to restraining orders 33 Notice of a restraining order 34 Registering restraining orders 35 Notifying registration authorities of exclusions from or variations to restraining orders 36 Court may set aside a disposition contravening a restraining order 37 Contravening restraining orders Division 5—Further orders 38 Court may order Official Trustee to take custody and control of property 39 Ancillary orders 39A Privilege against self incrimination etc. does not apply 39B Application to revoke ancillary order 40 Contravening ancillary orders relating to foreign property Division 6—Duration of restraining orders 41 When a restraining order is in force 42 Application to revoke a restraining order 43 Notice of revocation of a restraining order 44 Giving security etc. to revoke etc. a restraining order 45 Cessation of certain restraining orders 45A Cessation of restraining orders relating to unexplained wealth Part 2‑2—Forfeiture orders 46 Simplified outline of this Part Division 1—Making forfeiture orders 47 Forfeiture orders—conduct constituting serious offences 48 Forfeiture orders—convictions for indictable offences 49 Forfeiture orders—property suspected of being proceeds of indictable offences etc. 50 Existence of other confiscation orders 51 Acquittals do not affect forfeiture orders under section 47 or 49 52 Making of forfeiture order if person has absconded Division 2—Other relevant matters when a court is considering whether to make forfeiture orders 54 Presumption in certain cases that property is an instrument of an offence 55 Forfeiture orders can extend to other interests in property 56 Forfeiture orders must specify the value of forfeited property 57 Court may make orders relating to buying back forfeited property 57A Applying for an order under section 57 58 The court may also make supporting directions Division 3—How forfeiture orders are obtained 59 Proceeds of crime authority may apply for a forfeiture order 60 Additional application for a forfeiture order 61 Notice of application 62 Amending an application 63 Court may dispense with notice requirements if person has absconded 64 Procedure on application 65 Applications to courts before which persons are convicted Division 4—Effect of forfeiture orders 66 What property is forfeited and when—general rule 67 First exception—registrable property 68 Second exception—if a joint owner dies before the order was made 68A Third exception—property located outside Australia 69 When can the Commonwealth begin dealing with forfeited property? 70 How must the Commonwealth deal with forfeited property? 71 Dealings with forfeited property Division 4A—Controlled property 71A Official Trustee may take custody and control of forfeited property Division 5—Reducing the effect of forfeiture orders Subdivision A—Relieving hardship 72 Relieving certain dependants from hardship Subdivision B—Excluding property from a forfeiture order 73 Making exclusion orders 74 Applying for exclusion orders 75 Giving notice of matters relevant to an application 76 When an application can be heard Subdivision C—Compensating for proportion of property not derived or realised from commission of any offence 77 Making compensation orders 78 Application for compensation orders 79 Giving notice of matters relevant to an application 79A When an application can be heard Division 6—The effect on forfeiture orders of acquittals and quashing of convictions 80 Forfeiture order made under section 47 or 49 unaffected by acquittal or quashing of conviction 81 Discharge of forfeiture order made under section 48 on quashing of conviction 82 Notice of application for confirmation of forfeiture order 83 Procedure on application for confirmation of forfeiture order 84 Court may confirm forfeiture order 85 Effect of court's decision on confirmation of forfeiture order 86 Official Trustee must not deal with forfeited property before the court decides on confirmation of forfeiture order Division 7—Miscellaneous 87 Giving notice if a forfeiture order is discharged on appeal or by quashing of a conviction 88 Returning property etc. following the discharge of a forfeiture order 89 Person with interest in forfeited property may buy back the interest 90 Buying out other interests in forfeited property Part 2‑3—Forfeiture on conviction of a serious offence 91 Simplified outline of this Part Division 1—Forfeiture on conviction of a serious offence 92 Forfeiting restrained property without a forfeiture order if a person has been convicted of a serious offence 92A Notice of date of forfeiture under this Part, etc. 93 Making an extension order extending the period before property is forfeited 94 Excluding property from forfeiture under this Part 94A Compensating for proportion of property not derived or realised from commission of any offence 95 Court may declare that property has been forfeited under this Part Division 2—Effect of forfeiture on conviction of a serious offence 96 When is property forfeited—general rule 97 First exception—registrable property 98 Second exception—if a joint owner dies 98A Third exception—property located outside Australia 99 When can the Commonwealth begin dealing with forfeited property? 100 How must forfeited property be dealt with? 101 Minister may give supporting directions Division 2A—Controlled property 101A Official Trustee may take custody and control of forfeited property Division 3—Recovery of forfeited property 102 Court may make orders relating to transfer of forfeited property etc. 103 Court may make orders relating to buying back forfeited property 104 Applying for an order under section 102 104A Applying for an order under section 103 105 Person with interest in forfeited property may buy back the interest 106 Buying out other interests in forfeited property Division 4—The effect on forfeiture of convictions being quashed 107 The effect on forfeiture of convictions being quashed 108 Notice of application for confirmation of forfeiture 109 Procedure on application for confirmation of forfeiture 110 Court may confirm forfeiture 111 Effect of court's decision on confirmation of forfeiture 112 Official Trustee must not deal with forfeited property before the court decides on confirmation of forfeiture 113 Giving notice if forfeiture ceases to have effect on quashing of a conviction 114 Returning property etc. following forfeiture ceasing to have effect Part 2‑4—Pecuniary penalty orders 115 Simplified outline of this Part Division 1—Making pecuniary penalty orders 116 Making pecuniary penalty orders 117 Pecuniary penalty orders made in relation to serious offence convictions 118 Making of pecuniary penalty order if person has absconded 119 Ancillary orders 120 Acquittals do not affect pecuniary penalty orders Division 2—Penalty amounts Subdivision A—General 121 Determining penalty amounts Subdivision B—The value of benefits derived from the commission of an offence 122 Evidence the court is to consider 123 Value of benefits derived—non‑serious offences 124 Value of benefits derived—serious offences 125 Value of benefits may be as at time of assessment 126 Matters that do not reduce the value of benefits 127 Benefits already the subject of pecuniary penalty 128 Property under a person's effective control 129 Effect of property vesting in an insolvency trustee Subdivision C—Reducing penalty amounts 130 Reducing penalty amounts to take account of forfeiture and proposed forfeiture 131 Reducing penalty amounts to take account of tax paid 132 Reducing penalty amounts to take account of fines etc. Subdivision D—Varying pecuniary penalty orders to increase penalty amounts 133 Varying pecuniary penalty orders to increase penalty amounts Division 3—How pecuniary penalty orders are obtained 134 Proceeds of crime authority may apply for a pecuniary penalty order 135 Additional application for a pecuniary penalty order 136 Notice of application 137 Amendment of application 138 Procedure on application 139 Applications to courts before which persons are convicted Division 4—Enforcement of pecuniary penalty orders 140 Enforcement of pecuniary penalty orders 141 Property subject to a person's effective control 142 Charge on property subject to restraining order 143 Charges may be registered 144 Penalty amounts exceeding the court's jurisdiction Division 5—The effect on pecuniary penalty orders of convictions being quashed 145 Pecuniary penalty order unaffected if not made in relation to a conviction 146 Discharge of pecuniary penalty order if made in relation to a conviction 147 Notice of application for confirmation or variation of pecuniary penalty order 148 Procedure on application for confirmation or variation of pecuniary penalty order 149 Court may confirm pecuniary penalty order 149A Court may vary pecuniary penalty order 150 Effect of court's decision on confirmation or variation of pecuniary penalty order Part 2‑5—Literary proceeds orders 151 Simplified outline of this Part Division 1—Making literary proceeds orders 152 Making literary proceeds orders 153 Meaning of literary proceeds 154 Matters taken into account in deciding whether to make literary proceeds orders 155 Additional literary proceeds orders 156 Ancillary orders 157 Acquittals do not affect literary proceeds orders Division 2—Literary proceeds amounts 158 Determining literary proceeds amounts 159 Deductions from literary proceeds amounts 160 Reducing literary proceeds amounts to take account of tax paid 161 Varying literary proceeds orders to increase literary proceeds amounts Division 3—How literary proceeds orders are obtained 162 Proceeds of crime authority may apply for a literary proceeds order 163 Notice of application 164 Amendment of application 165 Procedure on application 166 Applications to courts before which persons are convicted Division 4—Enforcement of literary proceeds orders 167 Enforcement of literary proceeds orders 168 Property subject to a person's effective control 169 Charge on property subject to restraining order 170 Charges may be registered 171 Literary proceeds amounts exceeding the court's jurisdiction Division 5—The effect on literary proceeds orders of convictions being quashed 172 Literary proceeds order unaffected if not made in relation to a conviction 173 Discharge of literary proceeds order if made in relation to a conviction 174 Notice of application for confirmation of literary proceeds order 175 Procedure on application for confirmation of literary proceeds order 176 Court may confirm literary proceeds order 177 Effect of court's decision on confirmation of literary proceeds order Division 6—Literary proceeds orders covering future literary proceeds 178 Literary proceeds orders can cover future literary proceeds 179 Enforcement of literary proceeds orders in relation to future literary proceeds Part 2‑6—Unexplained wealth orders 179A Simplified outline of this Part Division 1—Making unexplained wealth orders 179B Making a preliminary unexplained wealth order requiring a person to appear 179C Application to revoke a preliminary unexplained wealth order 179CA Notice and procedure on application to revoke preliminary unexplained wealth order 179D Notice of revocation of a preliminary unexplained wealth order 179E Making an unexplained wealth order 179EA Refusal to make an order for failure to give undertaking 179EB Costs 179F Ancillary orders Division 2—Unexplained wealth amounts 179G Determining unexplained wealth amounts 179H Effect of property vesting in an insolvency trustee 179J Reducing unexplained wealth amounts to take account of forfeiture, pecuniary penalties etc. 179K Varying unexplained wealth orders to increase amounts 179L Relieving certain dependants from hardship Division 3—How unexplained wealth orders are obtained 179M Proceeds of crime authority may apply for an unexplained wealth order 179N Notice of application 179P Additional application for an unexplained wealth order 179Q Procedure on application and other notice requirements Division 4—Enforcement of unexplained wealth orders 179R Enforcement of an unexplained wealth order 179S Property subject to a person's effective control 179SA Charge on property subject to restraining order 179SB Charges may be registered 179T Amounts exceeding the court's jurisdiction Division 5—Oversight 179U Parliamentary supervision Chapter 3—Information gathering Part 3‑1—Examinations Division 1—Examination orders 180 Examination orders relating to restraining orders 180A Examination orders relating to applications for exclusion from forfeiture 180B Examination orders relating to applications for compensation 180C Examination orders relating to applications under section 102 180D Examination orders relating to enforcement of confiscation orders 180E Examination orders relating to restraining orders revoked under section 44 181 Examination orders relating to applications relating to quashing of convictions 181A Examination orders relating to applications under section 57A 181B Examination orders relating to applications under section 104A 182 Applications for examination orders Division 2—Examination notices 183 Examination notices 184 Additional examination notices 185 Form and content of examination notices Division 3—Conducting examinations 186 Time and place of examination 187 Requirements made of person examined 188 Examination to take place in private 189 Role of the examinee's lawyer 190 Examination by video link or telephone 191 Record of examination 192 Questions of law 193 Approved examiner may restrict publication of certain material 194 Protection of approved examiner etc. Division 4—Offences 195 Failing to attend an examination 196 Offences relating to appearance at an examination 197 Privileged information 197A Giving false or misleading answers or documents 198 Admissibility of answers and documents 199 Unauthorised presence at an examination 200 Breaching conditions on which records of statements are provided 201 Breaching directions preventing or restricting publication Part 3‑2—Production orders 202 Making production orders 203 Contents of production orders 204 Powers under production orders 205 Retaining produced documents 206 Privilege against self‑incrimination etc. does not apply 207 Varying production orders 208 Jurisdiction of magistrates 209 Making false statements in applications 210 Disclosing existence or nature of production orders 211 Failing to comply with a production order 212 Destroying etc. a document subject to a production order Part 3‑3—Notices to financial institutions 213 Giving notices to financial institutions 214 Contents of notices to financial institutions 215 Protection from suits etc. for those complying with notices 216 Making false statements in notices 217 Disclosing existence or nature of notice 218 Failing to comply with a notice Part 3‑4—Monitoring orders 219 Making monitoring orders 220 Contents of monitoring orders 221 Protection from suits etc. for those complying with orders 222 Making false statements in applications 223 Disclosing existence or operation of monitoring order 224 Failing to comply with monitoring order Part 3‑5—Search and seizure Division 1—Search warrants Subdivision A—Issuing search warrants 225 Issuing a search warrant 226 Additional contents of the information 227 Contents of warrants 228 The things authorised by a search warrant—general 228A The things authorised by a search warrant—additional things for digital assets Subdivision B—Applying for search warrants by telephone or other electronic means 229 Applying for search warrants by telephone or other electronic means 230 Issuing warrants by telephone etc. 231 Unsigned telephone warrants in court proceedings 232 Offence for stating incorrect names in telephone warrants 233 Offence for unauthorised form of warrant 234 Offence for execution etc. of unauthorised form of warrant 235 Offence for giving unexecuted form of warrant Subdivision C—Executing search warrants 236 Warrants that must be executed only during particular hours 237 Restrictions on personal searches 238 Availability of assistance and use of force in executing a warrant 239 Announcement before entry 240 Details of warrant to be given to occupier etc. 241 Occupier entitled to be present during search 242 Specific powers available to officers executing the warrant 243 Use of equipment to examine or process things 244 Moving things to another place for examination or processing 245 Use of electronic equipment at premises 246 Person with knowledge of a computer or a computer system to assist access etc. 247 Securing electronic equipment 248 Compensation for damage to electronic equipment 249 Copies of seized things to be provided 250 Providing documents after execution of a search warrant Division 2—Stopping and searching conveyances 251 Searches without warrant in emergency situations 252 How an authorised officer exercises a power under section 251 Division 3—Dealing with things seized Subdivision A—General requirements 253 Receipts for things seized under warrant 254 Responsibility for things seized 255 Effect of obtaining forfeiture orders Subdivision B—Things seized as evidence 256 Returning seized things 257 Authorised officer may apply for a thing to be retained for a further period 258 Magistrate may order that the thing be retained Subdivision C—Things seized on other grounds 259 Return of seized property to third parties 260 Return of seized property if applications are not made for restraining orders or forfeiture orders 261 Effect of obtaining restraining orders 262 Effect of refusing applications for restraining orders or forfeiture orders Division 4—General 263 Application of Part 264 Law relating to legal professional privilege not affected 265 Jurisdiction of magistrates 266 Offence for making false statements in applications Part 3‑6—Disclosure of information 266A Disclosure Chapter 4—Administration Part 4‑1—Powers and duties of the Official Trustee Division 1—Preliminary 267 Property to which the Official Trustee's powers and duties under this Part apply 267AA Additional property to which the Official Trustee's powers under Division 2 apply 267AB Additional property to which the Official Trustee's powers under Division 3 apply 267A Additional property to which the Official Trustee's powers and duties under Division 3 apply Division 2—Obtaining information about controlled property 268 Access to books 269 Suspect to assist Official Trustee 270 Power to obtain information and evidence 271 Privilege against self‑incrimination 272 Offences relating to exercise of powers under section 268 or 269 273 Failure to provide information 274 Failure of person to attend 275 Refusal to be sworn or give evidence etc. 275A Failure to produce a book Division 3—Dealings relating to controlled property 276 Preserving controlled property 277 Rights attaching to shares 278 Destroying or disposing of property 279 Notice of proposed destruction or disposal etc. 280 Procedure if person objects to proposed destruction or disposal 281 Proceeds from sale of property 281A Official Trustee does not acquire any additional proprietary interests in controlled property Division 4—Discharging pecuniary penalty orders and literary proceeds orders 282 Direction by a court to the Official Trustee in relation to certain restraining orders 282A Direction by a court to the Official Trustee in relation to unexplained wealth orders 283 Court may include further directions etc. 284 Official Trustee to carry out directions 285 Official Trustee not to carry out directions during appeal periods 286 Discharge of pecuniary penalty orders and literary proceeds orders by credits to the Confiscated Assets Account Division 5—Miscellaneous 287 Money not to be paid into the Common Investment Fund 288 Official Trustee's costs etc. 289 Income generated from controlled property 290 Official Trustee is not personally liable 291 Indemnification of Official Trustee Part 4‑2—Legal assistance 293 Payments to legal aid commissions for representing suspects and other persons 294 Disclosure of information to legal aid commissions Part 4‑3—Confiscated Assets Account Division 1—Establishment, crediting and payments out of the Account 295 Establishment of Account 296 Credits to the Account 297 Payments out of the Account Division 2—The national cooperative scheme on unexplained wealth 297A The scheme 297B Sharing with foreign countries 297C Sharing with States and Territories Division 3—Programs for expenditure on crime prevention etc. 298 Programs for expenditure on law enforcement, drug treatment etc. Division 4—Grants to the States and Territories for crime prevention etc. 298A Grants to the States and Territories for crime prevention etc. 298B Terms and conditions of grants 298C Minister has powers etc. of the Commonwealth 298D Conferral of powers on the Minister 298E Channelling State/Territory grants through the Federation Reform Fund 298F Debits from the Federation Reform Fund Part 4‑4—Charges over restrained property to secure certain amounts payable to the Commonwealth 302A Charges to secure amounts payable under subsection 293(3) 302B When the charge ceases to have effect 302C Priority of charge Part 4‑5—Enforcement of interstate orders in certain Territories Division 1—Interstate restraining orders 303 Registration of interstate restraining orders 304 Effect of registration 305 Duration of registration 306 Cancellation of registration 307 Charge on property subject to registered interstate restraining order 308 Powers of Official Trustee in relation to interstate restraining orders Division 2—Interstate forfeiture orders 309 Registration of interstate forfeiture orders 310 Effect of registration 311 Duration of registration 312 Cancellation of registration Division 3—Miscellaneous 313 Interim registration of faxed copies Chapter 5—Miscellaneous 314 State and Territory courts to have jurisdiction 315 Proceedings are civil, not criminal 315A Court may hear multiple applications at same time 315B Transfer of responsibility for principal orders and applications 315C Official Trustee may bring proceedings on behalf of the Commonwealth 316 Consent orders 317 Onus and standard of proof 318 Proof of certain matters 318A Admissibility in proceedings of statements made at examination by absent witness 318B Objection to admission of statements made at examination 319 Stay of proceedings 319A Closed court 320 Effect of the confiscation scheme on sentencing 321 Deferral of sentencing pending determination of confiscation order 322 Appeals 323 Costs 324 Powers conferred on judicial officers in their personal capacity 325 Effect of a person's death 326 Operation of other laws not affected 327 Review of operation of Act 327A Review 328 Regulations Chapter 6—Interpreting this Act Part 6‑1—Meaning of some important concepts Division 1—Proceeds and instrument of an offence 329 Meaning of proceeds and instrument 330 When property becomes, remains and ceases to be proceeds or an instrument Division 2—Convicted and related concepts 331 Meaning of convicted of an offence 332 Meaning of quashing a conviction of an offence 333 Meaning of conviction day 334 Meaning of abscond Division 3—Other concepts 335 Proceeds jurisdiction 336 Meaning of derived 336A Meaning of property or wealth being lawfully acquired 337 Meaning of effective control 337A Meaning of foreign indictable offence 337B Definition of serious offence—valuation rules Part 6‑2—Dictionary 338 Dictionary Schedule 1—Information gathering by participating States and self‑governing Territories Part 1—Production orders 1 Making production orders 2 Contents of production orders 3 Powers under production orders 4 Retaining produced documents 5 Privilege against self‑incrimination etc. does not apply 6 Varying production orders 7 Jurisdiction of magistrates 8 Making false statements in applications 9 Disclosing existence or nature of production orders 10 Failing to comply with production orders 11 Destroying etc. documents subject to production orders Part 2—Notices to financial institutions 12 Giving notices to financial institutions 13 Contents of notices to financial institutions 14 Protection from suits etc. for those complying with notices 15 Making false statements in notices 16 Disclosing existence or nature of notices 17 Failing to comply with notices Part 3—Disclosure of information 18 Disclosure 19 Parliamentary supervision of the operation of this Schedule 20 Reports about the operation of this Schedule Schedule 2—Transitional, application and saving provisions relating to the national cooperative scheme on unexplained wealth Part 1—General Division 1—Termination of State reference or adoption 1 Effect of termination on things that happened beforehand etc. 2 Effect of termination on the sharing of certain proceeds of confiscated assets 3 Effect of termination—regulations Division 2—Ceasing to be a relevant offence of a State 4 Effect of cessation on things that happen beforehand etc. 5 Effect of cessation—regulations Part 2—Unexplained Wealth Legislation Amendment Act 2018 6 Definitions 7 Amendments made by Schedule 2 to the amending Act 8 Amendments made by Schedule 4 to the amending Act Part 3—Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2024 9 Amendments made by Schedule 2 to the Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2024 Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to provide for confiscation of the proceeds of crime, and for other purposes Chapter 1—Introduction Part 1‑1—Preliminary 1 Short title This Act may be cited as the Proceeds of Crime Act 2002. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table The day on which this Act receives the Royal Assent 11 October 2002 2. Sections 3 to 338 A single day to be fixed by Proclamation, subject to subsection (3) 1 January 2003 (Gazette 2002, No. GN44) Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent. (2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act. (3) If a provision covered by item 2 of the table does not commence under subsection (1) within the period of 6 months beginning on the day on which it receives the Royal Assent, it commences on the first day after the end of that period. 3 Identifying defined terms (1) Many of the terms in this Act are defined in the Dictionary in Chapter 6. (2) Most of the terms that are defined in the Dictionary in Chapter 6 are identified by an asterisk appearing at the start of the term: as in "*proceeds". The footnote with the asterisk contains a signpost to the Dictionary. (3) An asterisk usually identifies the first occurrence of a term in a section (if not divided into subsections), subsection or definition. Later occurrences of the term in the same provision are not usually asterisked. (4) Terms are not asterisked in headings, notes, examples, explanatory tables, guides, outline provisions or diagrams. (5) If a term is not identified by an asterisk, disregard that fact in deciding whether or not to apply to that term a definition or other interpretation provision. (6) The following basic terms used throughout the Act are not identified with an asterisk: Terms that are not identified Item This term: is defined in: 1 charged section 338 2 convicted section 331 3 deal section 338 4 derived section 336 5 property section 338 4 Application of the Criminal Code Chapter 2 of the Criminal Code applies to all offences against this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Part 1‑2—Objects 5 Principal objects The principal objects of this Act are: (a) to deprive persons of the *proceeds of offences, the *instruments of offences, and *benefits derived from offences, against the laws of the Commonwealth or the *non‑governing Territories; and (b) to deprive persons of *literary proceeds derived from the commercial exploitation of their notoriety from having committed offences; and (ba) to deprive persons of *unexplained wealth amounts that the person cannot satisfy a court were not derived or realised, directly or indirectly, from certain offences; and (c) to punish and deter persons from breaching laws of the Commonwealth or the non‑governing Territories; and (d) to prevent the reinvestment of proceeds, instruments, benefits, literary proceeds and unexplained wealth amounts in further criminal activities; and (da) to undermine the profitability of criminal enterprises; and (e) to enable law enforcement authorities effectively to trace proceeds, instruments, benefits, literary proceeds and unexplained wealth amounts; and (f) to give effect to Australia's obligations under the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime, and other international agreements relating to proceeds of crime; and (g) to provide for confiscation orders and restraining orders made in respect of offences against the laws of the States or the *self‑governing Territories to be enforced in the other Territories. Part 1‑3—Outline of this Act 6 General This Act establishes a scheme to confiscate the proceeds of crime. It does this by: (a) setting out in Chapter 2 processes by which confiscation can occur; and (b) setting out in Chapter 3 ways in which Commonwealth law enforcement agencies can obtain information relevant to these processes; and (c) setting out in Chapter 4 related administrative matters. It concludes with miscellaneous provisions and with definitions and other interpretive material. Note: See also Part IAE of the Crimes Act 1914 (video link evidence). 7 The confiscation scheme (Chapter 2) Chapter 2 sets out a number of processes relating to confiscation: (aa) freezing orders limiting withdrawals from or transactions involving accounts with financial institutions before courts decide applications for restraining orders to cover the accounts (see Part 2‑1A); and (a) restraining orders prohibiting disposal of or dealing with property (see Part 2‑1); and (b) forfeiture orders under which property is forfeited to the Commonwealth (see Part 2‑2); and (c) forfeiture of property to the Commonwealth on conviction of a serious offence (see Part 2‑3); and (d) pecuniary penalty orders requiring payment of amounts based on benefits derived from committing offences (see Part 2‑4); and (e) literary proceeds orders requiring payment of amounts based on literary proceeds relating to offences (see Part 2‑5); and (f) unexplained wealth orders requiring payment of unexplained wealth amounts (see Part 2‑6). 8 Information gathering (Chapter 3) (1) Chapter 3 sets out 5 ways to obtain information: (a) examining any person about the affairs of people covered by examination orders (see Part 3‑1); and (b) requiring people, under production orders, to produce property‑tracking documents or make them available for inspection (see Part 3‑2); and (c) requiring financial institutions to provide information and documents relating to accounts and transactions (see Part 3‑3); and (d) requiring financial institutions, under monitoring orders, to provide information about transactions over particular periods (see Part 3‑4); and (e) searching for and seizing tainted property or evidential material, either under search warrants or in relation to conveyances (see Part 3‑5). (2) Chapter 3 also authorises the disclosure, to certain authorities for certain purposes, of information obtained under that Chapter or certain other provisions (see Part 3‑6). 9 Administration (Chapter 4) Chapter 4 sets out the following administrative matters: (a) the powers and duties of the Official Trustee (see Part 4‑1); (b) the provision of legal assistance (see Part 4‑2); (c) the Confiscated Assets Account (see Part 4‑3); (d) charges over restrained property for payment of certain amounts (see Part 4‑4); (e) enforcement of interstate orders in certain Territories (see Part 4‑5). 10 Miscellaneous (Chapter 5) Chapter 5 deals with miscellaneous matters. 11 Interpreting this Act (Chapter 6) Chapter 6 contains the Dictionary, which sets out a list of all the terms that are defined in this Act. It also sets out the meanings of some important concepts. Part 1‑4—Application Division 1—General 12 Act to bind Crown (1) This Act binds the Crown in right of the Commonwealth, each of the States and each of the *self‑governing Territories. (2) This Act does not make the Crown liable to be prosecuted for an offence. 13 Act to apply both within and outside Australia This Act extends, except so far as the contrary intention appears: (a) to acts, matters and things outside *Australia, whether or not in or over a foreign country; and (b) to all persons, irrespective of their nationality or citizenship. 14 Application This Act applies in relation to: (a) an offence committed at any time (whether or not any person is convicted of the offence); and (b) a person's conviction of an offence at any time; whether the offence or conviction occurred before or after the commencement of this Act. 14A Concurrent operation of State and Territory laws (1) This Act does not exclude or limit the operation of a law of a State or Territory to the extent that the law is capable of operating concurrently with this Act. (2) Subsection (1) does not apply to the *national unexplained wealth provisions. Note: For the interaction between the national unexplained wealth provisions and a law of a State or Territory, see section 14L. Division 2—The national unexplained wealth provisions Subdivision A—General 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 the Constitution; and (b) the other legislative powers that the Commonwealth Parliament has under the Constitution. (8) The application of the *unexplained wealth machinery and transitional provisions in a *non‑participating State that: (a) was a *participating State because it had referred to the Commonwealth Parliament: (i) *text reference 1; and (ii) *text reference 2; and (iii) the *amendment reference; and (b) ceased to be a participating State because it terminated either or both of the following: (i) the referral of text reference 1; (ii) the referral of the amendment reference; and (c) has not terminated the referral of text reference 2; is based on: (d) the legislative powers that the Commonwealth Parliament has because of the referral of text reference 2 under paragraph 51(xxxvii) of the Constitution; and (e) the other legislative powers that the Commonwealth Parliament has under the Constitution. (9) The application of the *unexplained wealth machinery and transitional provisions in a *non‑participating State that: (a) was a *participating State because it had: (i) adopted *post‑amended version 1 of this Act; and (ii) adopted *post‑amended version 2 of this Act; and (iii) referred to the Commonwealth Parliament the *amendment reference; and (b) ceased to be a participating State because it terminated either or both of the following: (i) the adoption of post‑amended version 1 of this Act; (ii) the referral of the amendment reference; and (c) has not terminated the adoption of post‑amended version 2 of this Act; is based on: (d) the legislative powers that the Commonwealth Parliament has because of the adoption of post‑amended version 2 of this Act under paragraph 51(xxxvii) of the Constitution; and (e) the other legislative powers that the Commonwealth Parliament has under the Constitution. (10) The application of the *unexplained wealth machinery and transitional provisions in a *non‑participating State not covered by subsection (8) or (9) is based on: (a) the legislative powers that the Commonwealth Parliament has under section 51 (other than paragraph 51(xxxvii)) and section 122 of the Constitution; and (b) the other legislative powers that the Commonwealth Parliament has under the Constitution. Application in a self‑governing Territory (11) The application of the *national unexplained wealth provisions in a *self‑governing Territory is based on: (a) the legislative powers that the Commonwealth Parliament has under section 122 of the Constitution to make laws for the government of a Territory; and (b) the other legislative powers that the Commonwealth Parliament has under the Constitution. Despite section 2H of the Acts Interpretation Act 1901, the national unexplained wealth provisions as applying in a self‑governing Territory are laws of the Commonwealth. Application outside Australia (12) The application of the *national unexplained wealth provisions outside *Australia is based on: (a) the legislative powers that the Commonwealth Parliament has under paragraph 51(xxix) of the Constitution; and (b) the legislative powers that the Commonwealth Parliament has under section 51 (other than paragraph 51(xxix)) and section 122 of the Constitution; and (c) the other legislative powers that the Commonwealth Parliament has under the Constitution. 14C What is a participating State? Participating State (1) A State is a participating State if, for the purposes of paragraph 51(xxxvii) of the Constitution, the Parliament of the State: (a) has, by its *referral Act, referred to the Commonwealth Parliament: (i) *text reference 1 (see subsection (2)); and (ii) *text reference 2 (see subsection (3)); and (iii) the *amendment reference (see subsection (4)); before the enactment of the Unexplained Wealth Legislation Amendment Act 2018; or (b) has, by its *adoption Act: (i) adopted *post‑amended version 1 of this Act (see subsection (5)); and (ii) adopted *post‑amended version 2 of this Act (see subsection (6)); and (iii) referred to the Commonwealth Parliament the amendment reference; after the enactment of the Unexplained Wealth Legislation Amendment Act 2018. Text reference 1 (2) Text reference 1 of a State means the matters to which the *pre‑amended version of this Act would relate if *express amendments were made to it in the terms, or substantially in the terms, of *relevant law 1, but excluding matters to which the pre‑amended version of this Act otherwise relates. Text reference 2 (3) Text reference 2 of a State means the matters to which the *pre‑amended version of this Act would relate if *express amendments were made to it in the terms, or substantially in the terms, of *relevant law 2, but excluding matters to which the pre‑amended version of this Act otherwise relates. Amendment reference (4) The amendment reference of a State means the matters relating to: (a) *unexplained wealth (see section 14D); and (b) *information gathering (see section 14E); to the extent of making laws with respect to those matters by making *express amendments of this Act. Post‑amended version 1 of this Act (5) Post‑amended version 1 of this Act, in relation to the *adoption Act of a State, means this Act as amended by: (a) *relevant law 1; and (b) any other *express amendments of this Act that: (i) were enacted at any time after the enactment of relevant law 1 but before the enactment of the adoption Act; and (ii) were not amendments of the *main machinery and transitional provisions (see subsection 14B(5)); to the extent that this Act as so amended is a law with respect to *text reference 1 or the *amendment reference referred to the Commonwealth Parliament by the Parliament of another State for the purposes of paragraph 51(xxxvii) of the Constitution. Post‑amended version 2 of this Act (6) Post‑amended version 2 of this Act, in relation to the *adoption Act of a State, means this Act as amended by: (a) *relevant law 2; and (b) any other *express amendments of this Act that: (i) were enacted at any time after the enactment of relevant law 2 but before the enactment of the adoption Act; and (ii) were amendments of the *main machinery and transitional provisions (see subsection 14B(5)); to the extent that this Act as so amended is a law with respect to *text reference 2 or the *amendment reference referred to the Commonwealth Parliament by the Parliament of another State for the purposes of paragraph 51(xxxvii) of the Constitution. Certain things do not affect a participating State's status (7) A State is a participating State even if the State's *referral Act or *adoption Act provides that: (a) the reference to the Commonwealth Parliament of *text reference 1, *text reference 2 or the *amendment reference is to terminate in particular circumstances; or (b) the adoption of *post‑amended version 1 of this Act or *post‑amended version 2 of this Act is to terminate in particular circumstances; or (c) the reference to the Commonwealth Parliament of the amendment reference does not include the matter of including a provision in section 20A or Part 2‑6 that: (i) requires a person pay an amount otherwise than by order of a court; or (ii) requires or permits property (within the meaning of subsection 14D(2)) to be restrained, forfeited or seized otherwise than by order of a court; or (d) the reference to the Commonwealth Parliament of text reference 1, text reference 2 or the amendment reference has effect only: (i) if and to the extent that the matter is not included in the legislative powers of the Commonwealth Parliament (otherwise than by a reference under paragraph 51(xxxvii) of the Constitution); or (ii) if and to the extent that the matter is included in the legislative powers of the Parliament of the State. When a State ceases to be a participating State (8) A State ceases to be a participating State if: (a) in the case where the Parliament of the State has referred to the Commonwealth Parliament *text reference 1 and *text reference 2—either or both of those references terminate; or (b) in the case where the Parliament of the State has adopted the *post‑amended version 1 of this Act and *post‑amended version 2 of this Act—either or both of those adoptions terminate. (9) A State ceases to be a participating State if: (a) the State's referral of the *amendment reference terminates; and (b) subsection (10) does not apply to the termination. (10) A State does not cease to be a participating State because of the termination of its referral of the *amendment reference if: (a) the termination is effected by the Governor of that State fixing a day by proclamation as the day on which the reference terminates; and (b) the day fixed is no earlier than the first day after the end of the period of 6 months beginning on the day on which the proclamation is published; and (c) that State's amendment reference, and the amendment reference of every other State, terminates on the same day. Other definitions (11) In this Act: adoption Act, of a State, means the Act of the State that: (a) adopts *post‑amended version 1 of this Act; and (b) adopts *post‑amended version 2 of this Act; and (c) refers the *amendment reference to the Commonwealth Parliament. express amendment of this Act means the direct amendment of the text of this Act (whether by the insertion, omission, repeal, substitution or relocation of words or matter) by another Commonwealth Act or by an instrument under a Commonwealth Act, but does not include the enactment by a Commonwealth Act of a provision that has, or will have, substantive effect otherwise than as part of the text of this Act. pre‑amended version of this Act, in relation to the *referral Act of a State, means this Act as originally enacted and as subsequently amended by amendments enacted at any time before the enactment of the referral Act of the State. referral Act, of a State, means the Act of the State that refers *text reference 1, *text reference 2 and the *amendment reference to the Commonwealth Parliament. relevant law 1 means Schedules 2 and 4 to the Unexplained Wealth Legislation Amendment Act 2018. relevant law 2 means Schedule 1 to the Unexplained Wealth Legislation Amendment Act 2018. 14D Meaning of unexplained wealth (1) For the purposes of the *amendment reference of a State (see subsection 14C(4)), unexplained wealth means property or wealth that might not have been lawfully acquired. (2) The meaning of lawfully acquired, property and wealth in subsection (1) includes, but is not limited to, the meaning of those terms in this Act as in force immediately before the enactment of the first *referral Act of a State. 14E Meaning of information gathering For the purposes of the *amendment reference of a State (see subsection 14C(4)), information gathering means the production or provision of information for the purposes of, or relevant to, the taking of action, or the institution of proceedings, under a law of the State. 14F When a non‑participating State is a cooperating State States that have referred text references 1 and 2 (1) A *non‑participating State is a cooperating State if: (a) an *express amendment of section 14G or 14J (about rollback), or Division 2 of Part 4‑3 (about sharing proceeds), was enacted; and (b) before the amendment was enacted, the State was a *participating State; and (c) after the amendment was enacted, the State ceased to be a participating State because it terminated either or both of the following: (i) the referral of *text reference 1; (ii) the referral of the *amendment reference; and (d) the termination was effected by a proclamation that was made under the State's *referral Act for the purposes of this section; and (e) the State has not terminated its referral of *text reference 2. Note: Under Division 2 of Part 4‑3 (which is about sharing proceeds of confiscated assets under the national cooperative scheme), a non‑participating State that is a cooperating State is treated in the same way as a participating State. States that have adopted the post‑amended versions of this Act (2) A *non‑participating State is also a cooperating State if: (a) an *express amendment of section 14G or 14J (about rollback), or Division 2 of Part 4‑3 (about sharing proceeds), was enacted; and (b) before the amendment was enacted, the State was a *participating State; and (c) after the amendment was enacted, the State ceased to be a participating State because it terminated either or both of the following: (i) the adoption of *post‑amended version 1 of this Act; (ii) the referral of the *amendment reference; and (d) the termination was effected by a proclamation that was made under the State's *adoption Act for the purposes of this section; and (e) the State has not terminated its adoption of *post‑amended version 2 of this Act. (3) Despite subsections (1) and (2), a *non‑participating State ceases to be, or is not, a cooperating State if a declaration under subsection (4) is in force in relation to the State. (4) The Minister may, by legislative instrument, declare that a State is not a *cooperating State. (5) A declaration made under subsection (4) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration. Subdivision B—Rollback of particular express amendments 14G Effect of rollback by participating States on unexplained wealth proceedings When this section applies (1) This section applies if: (a) a proclamation is made under the *referral Act or *adoption Act of a *participating State for the purposes of this section; and (b) the proclamation declares that an *express amendment of this Act (other than this Subdivision) is not to apply to proceedings covered by subsection (3), (4) or (5); and (c) the proclamation comes into force in the period of 6 months beginning on the day the amendment is enacted. Application of this Act to proceedings (2) This Act applies to the proceedings as if the amendment had not been enacted. Proceedings for restraining orders (3) Proceedings are covered by this subsection if: (a) the proceedings are instituted while the proclamation is in force; and (b) the proceedings are for the making of a *restraining order under section 20A in relation to a *suspect; and (c) the affidavit supporting the application for the order states that an *authorised officer suspects either or both of the following: (i) that the suspect has committed a *relevant offence of a *participating State; (ii) that the whole or any part of the suspect's *wealth was derived from a relevant offence of a participating State. Proceedings for unexplained wealth orders (4) Proceedings are covered by this subsection if: (a) the proceedings are instituted while the proclamation is in force; and (b) the proceedings are for the making of an *unexplained wealth order (including a *preliminary unexplained wealth order) in relation to a *suspect; and (c) the application for the order states that an *authorised officer suspects that the whole or any part of the suspect's *wealth was derived from a *relevant offence of a *participating State. Proceedings for other orders (5) Proceedings are covered by this subsection if: (a) the proceedings are instituted while the proclamation is in force; and (b) the proceedings are for the making of an order that relates to: (i) a *restraining order made in proceedings covered by subsection (3); or (ii) an *unexplained wealth order (including a *preliminary unexplained wealth order) made in proceedings covered by subsection (4). 14H Effect of rollback by self‑governing Territories on unexplained wealth proceedings When this section applies (1) This section applies if: (a) a law (the disapplying law) of a *self‑governing Territory is made for the purposes of this section; and (b) the law declares that an *express amendment of this Act (other than this Subdivision) is not to apply to proceedings covered by subsection (3), (4) or (5); and (c) the disapplying law comes into force in the period of 6 months beginning on the day the amendment is enacted. Application of this Act to proceedings (2) This Act applies to the proceedings as if the amendment had not been enacted. Proceedings for restraining orders (3) Proceedings are covered by this subsection if: (a) the proceedings are instituted while the disapplying law is in force; and (b) the proceedings are for the making of a *restraining order under section 20A in relation to a *suspect; and (c) the affidavit supporting the application for the order states that an*authorised officer suspects either or both of the following: (i) that the suspect has committed a *Territory offence; (ii) that the whole or any part of the suspect's *wealth was derived from a Territory offence. Proceedings for unexplained wealth orders (4) Proceedings are covered by this subsection if: (a) the proceedings are instituted while the disapplying law is in force; and (b) the proceedings are for the making of an *unexplained wealth order (including a *preliminary unexplained wealth order) in relation to a *suspect; and (c) the application for the order states that an *authorised officer suspects that the whole or any part of the suspect's *wealth was derived from a *Territory offence. Proceedings for other orders (5) Proceedings are covered by this subsection if: (a) the proceedings are instituted while the disapplying law is in force; and (b) the proceedings are for the making of an order that relates to: (i) a *restraining order that has been made in proceedings covered by subsection (3); or (ii) an *unexplained wealth order (including a *preliminary unexplained wealth order) that has been made in proceedings covered by subsection (4). 14J Effect of rollback by participating States on action taken under State reference information gathering provisions When this section applies (1) This section applies if: (a) a proclamation is made under the *referral Act or *adoption Act of a *participating State for the purposes of this section; and (b) the proclamation declares that an *express amendment of this Act (other than this Subdivision) is not to apply to: (i) an application covered by subsection (3); or (ii) an order made as a result of an application covered by subsection (3); or (iii) a notice covered by subsection (4); and (c) the proclamation comes into force in the period of 6 months beginning on the day the amendment is enacted. Application of this Act to the application, order or notice (2) This Act applies to the application, order or notice as if the amendment had not been enacted. Applications for production orders (3) This subsection covers an application if: (a) the application is made while the proclamation is in force; and (b) the application is for the making of a *production order under clause 1 of Schedule 1; and (c) the application is made by an *authorised State/Territory officer of the State. Notices to financial institutions (4) This subsection covers a notice if: (a) the notice is given while the proclamation is in force; and (b) the notice is given to a *financial institution under clause 12 of Schedule 1; and (c) the notice is given by an official of the State specified in subclause 12(3) of Schedule 1. 14K Effect of rollback by self‑governing Territories on action taken under State reference information gathering provisions When this section applies (1) This section applies if: (a) a law (the disapplying law) of a *self‑governing Territory is made for the purposes of this section; and (b) the disapplying law declares that an *express amendment of this Act (other than this Subdivision) is not to apply to: (i) an application covered by subsection (3); or (ii) an order made as a result of an application covered by subsection (3); or (iii) a notice covered by subsection (4); and (c) the disapplying law comes into force in the period of 6 months beginning on the day the amendment is enacted. Application of this Act to the application, order or notice (2) This Act applies to the application, order or notice as if the amendment had not been enacted. Applications for production orders (3) This subsection covers an application if: (a) the application is made while the disapplying law is in force; and (b) t