The Proceeds of Crime Act 2002 (POCA) establishes a scheme to confiscate proceeds of crime and allows for confiscated funds to be used to benefit the community.
Under section 298 of the Act, confiscated proceeds of crime can be re-invested in programs for relevant purposes, including crime prevention and law enforcement.
We are responsible for the policy development of programs funded under section 298 of the POCA.
Following a machinery of government change, grants relating to crime prevention transferred from the Department of Home Affairs to us on 1 July 2022.
Grants that we fund are published at GrantConnect.
2024 Review of the Intergovernmental Agreement on the National Cooperative Scheme on Unexplained Wealth
The National Cooperative Scheme on Unexplained Wealth was introduced in 2018. The scheme sought to address some of the practical barriers to collaborative, cross-jurisdictional action on unexplained wealth. This included improving information sharing and information gathering between jurisdictions, as well as the equitable sharing of assets confiscated from cross-jurisdictional operations.
Section 327A of the POCA requires the Attorney-General to cause an independent review of the national unexplained wealth provisions as soon as practicable after 3 October 2023.
Mr Andrew Cappie-Wood AO undertook the review. The review considered:
- the efficacy of existing processes
- compliance with obligations
- progress on commitments
- the need for broader access to investigative powers under the POCA
- improvements to enhance the scheme
- how the Commonwealth can better promote the Scheme to non-participating jurisdictions.
The review was tabled in the Parliament on 20 August 2024.
Read the Review of the Intergovernmental Agreement on the National Cooperative Scheme on Unexplained Wealth.
The Australian Government tabled its response to the review on 20 November 2024.
Read the Australian Government’s Response to the Review of the Intergovernmental Agreement on the National Cooperative Scheme on Unexplained Wealth.
Annual reports under the Proceeds of Crime Act
Under the POCA, participating jurisdictions must report to the Attorney-General about the use of information-gathering powers in unexplained wealth cases. The following annual reports have been tabled in the Parliament.
