Proceeds of Crime

The Proceeds of Crime Act 2002 was passed on 11 October 2002 and came into operation on 1 January 2003.

The Act provides a scheme to trace, restrain and confiscate the proceeds of crime against Commonwealth Law. In some circumstances it can also be used to confiscate the proceeds of crime against foreign law or the proceeds of crime against State law (if those proceeds have been used in a way that contravenes Commonwealth law).

Section 298 Programs of Expenditure

Section 298 (1) of the Act provides that the Australian Government may approve a program for the expenditure, in a particular financial year, of money standing to the credit of the Confiscated Assets Account (CAA).

Programs of expenditure, as approved by the Australian Government, may be applied under one of the four following purposes (Section 298 (2)).

• Crime prevention measures;
• Law enforcement measures;
• Measures relating to treatment of drug addiction; or
• Diversionary measures relating to the illegal use of drugs.

The below table outlines the total of funds committed under s298 of the Proceeds of Crime Act 2002.

Programs of expenditure approved under section 298 of the Proceeds of Crime Act 2002.

Programs of expenditure approved under section 298 of the Proceeds of Crime Act 2002.

Government programs:

• The Australian National Child Offender Register (ANCOR) operated by CrimTrac, received $713,333 to fund the development of a national consistent approach to child protection offender registration. Funding received under the POCA makes up one third of the total development funding for this project, with the remainder being provided by the states and territories. This project was completed in July 2004.

• Firearms Management System Scoping Study, managed by the Attorney-General’s Department, will receive $1.0 million to fund the development of a system to provide (i) the ability to detect movement of illegal firearms into Australia and between jurisdictions, (ii) early identification of trends in firearms supply and use, (iii) better coordination of law enforcement efforts, (iv) people with a legitimate use of firearms will be able to travel more easily between jurisdictions, and (v) improving Australia’s ability to meet its international firearms commitments.

• Enhanced IT Intelligence Functionality project will provide $1.0 million to the Australian Federal Police to upgrade their high-tech computer systems to improve their ability to sift through large databases to extract intelligence, linkages and other information to enhance the prevention and investigation of criminal activity.

• CCTV Upgrade at Australian International Airports will provide $890,000 to the Australian Customs Service to upgrade its closed circuit television (CCTV) capabilities at Adelaide, Darwin, Brisbane, Perth, Gold Coast and Cairns International Airports by providing wide-angle surveillance and digital video recording capabilities.

• ATO Document Verification Study, managed by the Attorney-General’s Department and the Australian Taxation Office, will receive $508,574 to undertake an empirical study of the Proof of Identity (POI) information provided by a sample of customers applying for tax file numbers with the Australian Taxation Office. The study will have implications for wider whole-of-government identity security measures.

• Review of the Extradition Act 1988, the Mutual Assistance in Criminal Matters Act 1987, and intensive bilateral treaty negotiations, managed by the Attorney-General’s Department, will receive $1,119,347 to significantly enhance Australia’s capacity to cooperate with other countries to enforce the law where alleged offenders and evidence are located in a foreign jurisdiction. Extradition and mutual assistance in criminal matters are essential to effectively combat terrorism and transnational organised crime, including people smuggling, trafficking (in persons, firearms and illicit drugs), money laundering and corruption.

Community programs:

• The Youth Outreach Drug Treatment program, operated by the Grampians Community Health Centre, will receive $258,331 to provide innovative rural youth drug treatment and prevention services in the Wimmera and Central Grampians regions of Victoria.

• The Pre-Program and Re-Entry Program, to be managed by the Forster Foundation for Drug Rehabilitation inc (trading as Banyan House), will receive $304,183 to help fund a 20 bed residential withdrawal and rehabilitation facility which caters for Aboriginal and non Aboriginal men and women experiencing substance misuse problems in the Northern Territory.

• The Carinya Halfway and Aftercare Program, to be managed by the Wollongong Crisis Centre, will receive $141,894 to help provide supported accommodation in the Wollongong region of NSW for people with a history of illicit drug dependence who may also be suffering from a mental health disorder.

• The Youth Options Program, operated by Drug Arm WA, will receive $150,000 to help provide assistance to young people in WA to enable them to improve their life and work skills and make a positive contribution to the community by providing mentoring and other support to young people at risk of criminal offending, substance abuse and social exclusion.

• The 2 to 1 Program, to be managed by UnitingCare Wesley Adelaide, will receive $330,341 to help support people within the inner city of Adelaide SA, who have long term illicit drug and mental health concerns and will provide both group and individual treatment to individuals with a long term substance abuse history.

• The AMEND Program (Assisting Mothers to End the Need for Drugs), operated by St Luke’s Nursing Service, will receive $218,367 to help establish a home based relapse prevention and management service for pregnant and parenting women on the Gold Coast, QLD, and will help women who experience problems relating to their use of illicit drugs and who find it difficult to access mainstream drug and alcohol services.

• The Lifestyle Support Program, managed by The Buttery Inc, will receive $385,800 to help treat people with co-existing mental health and illicit drug dependence issues in the Northern Rivers area of NSW, to provide a sustainable long term reduction in the use of illicit drugs in the Northern Rivers community.