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Serious and Organised Crime Relating to the Financial Sector the Following

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Serious and Organised Crime Relating to the Financial Sector the Following Serious and organised crime relating to the financial sector The following chronology includes major events concerning serious and organised crime relating to the financial sector in Australia, including money laundering and identity fraud, from 1973 to 2014. It includes Commonwealth legislation, Parliamentary Committee inquiries, national entities established to address crime and corruption, and key international conventions and organisations. Date Event Legislation / Outcome 1973 The Australian Institute of Criminology (AIC) was Criminology Research Act 1971 established as Australia's national research and knowledge centre on crime and justice. 1973-1974 The Royal Commission of Inquiry in respect of In his 1985 book A Quarter to certain matters relating to allegations of organised Midnight, Moffitt states that, apart crime in clubs (Moffitt Royal Commission) was the from a State Crime Intelligence Unit first Royal Commission to investigate the extent of being established, many organised crime in NSW. Justice Moffitt identified recommendations of his Special links between the American mafia and Sydney Commission of Inquiry were not criminals and found there was a real danger that implemented. organised crime from overseas would infiltrate Drug Trafficking (Civil Proceedings) Australia. The Act 1990 (NSW) was a proceeds of crime-type legislation passed in response to Moffitt’s recommendations, as stated by the Premier in the NSW Legislative Assembly. 1974 The Basel Committee on Banking Supervision (Basel The Basel Committee has issued a Committee) was established by the Group of 10 number of papers on money countries to promote global banking supervisory laundering and terrorism financing, standards. The Basel Committee formulates and including the Prevention of Criminal promotes global banking supervisory standards and Use of the Banking System for the practices. Purpose of Money Laundering in 1988. Australia joined the Basel Committee in 2009. 1974 The Senate Select Committee on Securities and The Report recommended a national Exchange tabled the report Australian Securities body, the Australian Securities Markets and Their Regulation. Commission, be introduced (Chapter 16). The Australian Securities Commission was introduced by the Securities Industry Act 1980. Initially it was implemented by various states’ corresponding laws. The Australian Securities and Investments Commission Act 2001 later instituted a national regime. 1977-1979 The Royal Commission into Drug Trafficking The Commission revealed the power (Woodward Royal Commission) investigated links and influence of the Calabrian mafia in between the Mafia and NSW Police and the Australia, which was involved with the disappearance of anti-marijuana campaigner cultivation and distribution of Donald Mackay. Justice Woodward reported that marijuana, money laundering, Mackay was murdered by a 'hit man' on behalf of intimidation and other illicit activities. the Griffith cell of N'Dranghita (The Honoured Society). 1980-1984 The Royal Commission on the Activities of the The Costigan Commission highlighted Federated Ship Painters and Dockers Union the influence of criminals in the illegal (Costigan Royal Commission) was established by the SP bookmaking industry, identified Commonwealth and Victorian Governments to waterfront insurance frauds known as investigate criminal activities associated with the ‘bottom of the harbour schemes’, and Painters and Dockers Union, and led to a wide- revealed a major drug smuggling ring ranging investigation of organised crime. based in Queensland. The Financial Transaction Reports Act 1988 represents a direct response to the Costigan Royal Commission and the Stewart Royal Commission of Inquiry into Drug Trafficking (1981- 1983). 1981 The Australian Bureau of Criminal Intelligence The ABCI’s role was to provide (ABCI) was established in Canberra (now facilities for the collection, collation, superseded by the Australian Crime Commission). analysis and dissemination of criminal intelligence, in order to provide such information to Commonwealth, State and Territory police. Its special intelligence interests included the financial interests of criminals and criminal organisations, fraudulent dealings in shares or securities and company fraud, as well as corruption in public life. 1983 A National Crimes Commission Conference, The Conference heard the proposals of attended by representatives of Commonwealth, various models for a National Crime state and territory governments, police, the legal Commission, which many had called profession, civil liberties organisations and royal for adoption. It was noted that ad hoc commissioners was held at Parliament House. royal commissions may not be enough. Discussion of the eventual body taking up the ABCI’s functions was also canvassed. 1984 The National Crime Authority (NCA) was established National Crime Authority Act 1984 to lead a national law enforcement response to Parliamentary Joint Committee on the organised crime. It was created to avoid National Crime Authority, Third fragmentation of effort and to ensure co-ordination Evaluation of the National Crime and continuity in the fight against organised crime. Authority, April 1988. The NCA was superseded by the Australian Crime Commission (ACC) in 2003. 1987 The Australian Government first released its fraud Financial Management and control policy in 1987. Accountability Act 1997 (Superseded) The revised version of the Commonwealth Fraud Commonwealth Authorities and Control Guidelines was released in 2011. The Companies Act 1987 (Superseded) guidelines establish the policy framework and the Public Governance Performance Government’s expectations for effective fraud The and Accountability Act 2013 control for all agencies and their employees and (PGPS Act) contractors. is the key legislation underpinning the Australian Government's financial framework. The PGPA Act, Public Governance, Performance and Accountability Rule 2014, and other policies and guidance set out the regulatory framework for the proper use and management of public resources by Commonwealth entities. 1987 Ground-breaking Proceeds of Crime legislation was Proceeds of Crime Act 1987 introduced to attack the profit motive of organised Review of the Proceeds of Crime Act crime. A 1987 by the Australian Law Reform The Proceeds of Crime Act 1987 applies to Commission (published in 1999) found proceedings that were commenced before 1 that the legislation had become largely January 2003. ineffective. This led the Proceeds of Crime Act 2002. 1987 The Mutual Assistance in Criminal Matters Act 1987 Mutual Assistance in Criminal Matters enables the Commonwealth to request assistance Act 1987 from any country and receive a request for assistance from another country. This assistance is This process is assisted by bilateral used in the investigation and prosecution of mutual assistance treaties and a transnational crime, including proceeds of crime number of multilateral conventions that contain mutual assistance and money laundering. obligations. 1988 The Multilateral Convention on Mutual The Convention is the most Administrative Assistance in Tax Matters was comprehensive multilateral developed jointly by the Organisation for Economic instrument available for all forms of Co-operation and Development and the Council of tax cooperation to tackle tax evasion Europe in 1988 and amended by Protocol in 2010. and avoidance, a top priority for all countries. 1988 The United Nations Convention against Illicit Traffic Australia ratified this Convention in in Narcotic Drugs and Psychotropic Substances 1990 and the treaty entered into force requires signatories to criminalise money for Australia in 1993. laundering relating to the trafficking of drugs and Review of the enables international cooperation in investigations In commissioning the Proceeds of Crime Act 1987, and prosecutions. This Convention forms part of the the international effort to combat drug trafficking by Attorney-General identified a need for targeting the financial power of drug cartels to effective provision for forfeiture of the dispose of the proceeds of crimes through the proceeds of crime in serving Australia's global financial system. efforts to counter serious crime both inside and outside of Australia. He pointed to Australia's international obligations, particularly under the UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and bilateral treaties dealing with mutual assistance in criminal matters. Part 9.1 of the Commonwealth Criminal Code relating to Serious Drug Offences explicitly implements the Convention’s Article 3 obligation to pass creating and selling laws targeting almost all facets of narcotic and psychotropic substances 1988 The Extradition Act 1988 enables Australia to seek Extradition Act 1988 the return of persons for trial, including those The Regulations enable Australia to involved in financial crime. make and receive extradition requests This Act replaced the Extradition Act 1903, to and from a State Party to the United Extradition (Commonwealth Countries) Act 1966 Nations Convention Against and the Extradition (Foreign States) Act 1966. Transnational Organised Crime and the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children for an offence specified in the Trafficking Protocol. The Anti-People Smuggling
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