❓ Dr. Walker questions the Attorney General regarding reforms to the Criminal Property Confiscation Act 2000, particularly concerning the DPP's discretion. The Parliamentary Secretary deflects, citing cabinet responsibility and the DPP's independence.
AnsweredQoN 8Legislative Assembly
QuestionView source ↗
Criminal Property Confiscation Act
8. Hon Dr Brian Walker to the p arliamentary secretary representing the Attorney
General :
I congratulate the
Attorney General on his elevation to the role and, indeed, my honourable friend,
the newly appointed parliamentary secretary on his.
I note that the
previous Attorney General left the Wayne Martin report on criminal property
confiscation to gather dust for little over six years.
(1)
Is the Attorney committed to progressing what are now long overdue reforms to
what the former Chief Justice called incoherent and unjust provisions within
the Criminal Property Confiscation Act 2000 and will he confirm that this is a priority for his department?
(2) Will the Attorney General take steps to advise the
Director of Public Prosecutions to exercise discretion in any upcoming
cases, noting that the Misuse of Drugs Act 1981 clearly states at section 32A(2)
that the DPP may—not must—request declarations from the court?
(3)
If no to (2), why not?
8. Hon Dr Brian Walker to the p arliamentary secretary representing the Attorney
General :
I congratulate the
Attorney General on his elevation to the role and, indeed, my honourable friend,
the newly appointed parliamentary secretary on his.
I note that the
previous Attorney General left the Wayne Martin report on criminal property
confiscation to gather dust for little over six years.
(1)
Is the Attorney committed to progressing what are now long overdue reforms to
what the former Chief Justice called incoherent and unjust provisions within
the Criminal Property Confiscation Act 2000 and will he confirm that this is a priority for his department?
(2) Will the Attorney General take steps to advise the
Director of Public Prosecutions to exercise discretion in any upcoming
cases, noting that the Misuse of Drugs Act 1981 clearly states at section 32A(2)
that the DPP may—not must—request declarations from the court?
(3)
If no to (2), why not?
AnswerView source ↗
I thank the honourable member for his kind words to both me
and the Attorney General in the other place. I congratulate him on his likely re-election
in this place. I also acknowledge his ongoing interest in the operation of the Criminal Property Confiscation Act 2000 .
(1)
The progression of reforms to the Criminal
Property Confiscation Act 2000 is a matter for cabinet.
(2)
The Director of Public Prosecutions is an independent statutory officer holder who
makes decisions independently of political or ministerial control, including
decisions concerning proceedings under the Criminal
Property Confiscation Act 2000 .
(3)
Not applicable.
and the Attorney General in the other place. I congratulate him on his likely re-election
in this place. I also acknowledge his ongoing interest in the operation of the Criminal Property Confiscation Act 2000 .
(1)
The progression of reforms to the Criminal
Property Confiscation Act 2000 is a matter for cabinet.
(2)
The Director of Public Prosecutions is an independent statutory officer holder who
makes decisions independently of political or ministerial control, including
decisions concerning proceedings under the Criminal
Property Confiscation Act 2000 .
(3)
Not applicable.
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