Summary

19.1     Many Commonwealth laws interfere with personal property rights. The key areas of concern examined in this chapter include banking and taxation laws, personal property securities, intellectual property and criminal laws. Many have been the subject of recent reviews or extended consideration by parliamentary committees or the High Court.

19.2     The breadth of the proceeds of crime legislation is one area that may require further consideration. The Proceeds of Crime Act 2002 (Cth) provided for a review, which took place in 2006. The Parliamentary Joint Committee on Law Enforcement provides ongoing scrutiny of the Commonwealth legislation. Given the potential impact of unexplained wealth measures on personal property, and the proposal for a national coordinated scheme by the Law Enforcement Committee, 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 be scheduled in due course.