Mathias Cormann (WA, Liberal Party, Minister for Finance) Share this | Hansard source

The government does not support this amendment. The Parliamentary Joint Committee on Law Enforcement has recommended that the unexplained wealth laws be changed to prevent people from using restrained property to meet their legal expenses. That is recommendation 10. The Parliamentary Joint Committee on Law Enforcement considered submissions from a range of community, law enforcement and other government bodies in making this recommendation. Unexplained wealth proceedings are the only type of proceeds of crime proceedings in which people are allowed to use restrained assets in this way. The Proceeds of Crime Act generally prohibits restrained assets being used in this way to prevent the practice of dissipating wealth on legal expenses to frustrate potential proceeds of crime orders. To ensure that people are not deprived of legal representation, the Proceeds of Crime Act provides a scheme to reimburse legal aid commissions for costs incurred in representing people who are subject to a restraining order. Under the bill, people who are subject to unexplained wealth proceedings may seek legal representation through legal aid if their unrestrained assets are not sufficient to meet legal costs to ensure that they are appropriately represented and are not disadvantaged. People are still able to use any of their unrestrained assets to pay for legal counsel of their choosing. Courts also have a wide discretion to refuse or revoke orders such as where it is in the interest of justice to do so.