Proceeds of Crime Amendment Act 2002

Proceeds of Crime Amendment Act 2002

Public Act2002 No 25
Date of assent17 June 2002

Note

This Act is administered in the Ministry of Justice


The Parliament of New Zealand enacts as follows:

1 Title
  • (1) This Act is the Proceeds of Crime Amendment Act 2002.

    (2) In this Act, the Proceeds of Crime Act 1991 is called the principal Act.

2 Commencement
  • This Act comes into force on the day after the date on which it receives the Royal assent.

3 Application for production order
  • Section 68 of the principal Act is amended by repealing subsection (1), and substituting the following subsections:

    • (1) A commissioned officer of police may apply to a Judge of the High Court for a production order under section 69 of this Act if—

      • (a) one of the following situations exists:

        • (i) a person has been convicted of a drug-dealing offence:

        • (ii) the officer has reasonable grounds for believing that a person has committed a drug-dealing offence:

        • (iii) a person has been convicted of a serious offence, and there are reasonable grounds to suspect that it is an offence to which subsection (1A) applies:

        • (iv) the officer has reasonable grounds for believing that a person has committed a serious offence to which subsection (1A) applies; and

      • (b) the officer has reasonable grounds for believing that a person has possession or control of one or more property-tracking documents in relation to the offence.

    • (1A) This section applies to a serious offence if it is transnational in nature (as defined in articles 3(2) and 18(1) of the United Nations Convention against Transnational Organised Crime, done at New York on 15 November 2000) and involves an organised criminal group (as defined in article 2(a) of that convention).

4 Production orders in relation to foreign serious offences
  • Section 76A of the principal Act is amended by omitting the word drug-dealing, and substituting the word serious.


Legislative history

11 June 2002Divided from Transnational Organised Crime Bill (Bill 201–2), third reading
17 June 2002Royal assent