Crime Point-in-Time Service Updates

The Crime Point-in-Time Service has been updated to include the amendments from the Proceeds of Crime Amendment (Proceeds and Other Matters) Act 2018 (Act 21 of 2018) and the Intelligence Services Amendment (Establishment of the Australian Signals Directorate) Act 2018 (Act 25 of 2018).

Act 21 of 2018

The Act contains a range of measures to:

• align the Commonwealth unexplained wealth regime with other types of orders in the Act to ensure that it covers situations in which wealth is ‘derived or realised, directly or indirectly’ from certain offences
• clarify that property becomes ‘proceeds’ or an ‘instrument’ of an offence under the Act when ‘proceeds’ or an ‘instrument’ are used to improve the property or discharge an encumbrance security or liability incurred in relation to the property, and
• clarify that property or wealth will only be ‘lawfully acquired’ in situations where the property or wealth is not ‘proceeds’ or an ‘instrument’ of an offence.

Act 25 of 2018

The Act implements the recommendations of the 2017 Independent Intelligence Review to establish the Australian Signals Directorate (ASD) as an independent statutory agency within the Defence portfolio reporting directly to the Minister for Defence, as endorsed by Government. The Act also includes a number of other related amendments following the establishment of ASD.    

The amendments made by these Acts have been updated in the Point-in-Time Crime Service current to 2 May 2018. (NB: Subscription required).

If you are not already a subscriber to this or other Point-in-Time Services then please contact us to find out more or to take a free trial.