19.108 Many Commonwealth laws identified as interfering with personal property rights have been the subject of recent reviews or extended consideration by parliamentary committees or the High Court. The parliamentary committees included an assessment of the laws in terms of their impact on rights and liberties and, in the case of the Human Rights Committee, compatibility with international human rights instruments using a proportionality analysis.
19.109 The ALRC concludes that the breadth of the Proceeds of Crime Act is one area that may require further consideration. The 2002 Act expressly provided for a review, which took place in 2006. The legislation was expanded in 2010 to extend to ‘unexplained wealth’ and was amended further in 2015. The Law Enforcement Committee provides ongoing scrutiny of the Commonwealth legislation and the Australian Federal Police must provide annual reports. However, given the potential impact of unexplained wealth measures on personal property, and the Law Enforcement Committee’s proposal for a national coordinated scheme, the ongoing scrutiny needs to ensure that such a scheme is proportionate in light of its objectives to meet the obligations agreed to under the United Nations Convention Against Corruption. The ALRC also suggests that a further review, like the one conducted in 2006, be scheduled in due course.