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Delegation Report THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA Report of the Australian Parliamentary Delegation to Canada, the United States, Italy, Austria, the United Kingdom and the Netherlands 12 April – 3 May 2009 June 2009 © Commonwealth of Australia ISBN 978-1-74229-129-1 This document was prepared by the Secretariat of the Parliamentary Joint Committee on the Australian Crime Commission and printed by the Senate Printing Unit, Parliament House, Canberra MEMBERSHIP OF THE DELEGATION Delegation Leader Senator Steve Hutchins Senator for NSW Australian Labour Party Deputy Delegation Leader Senator Stephen Parry Senator for Tasmania Liberal Party of Australia Delegation Members Mr Chris Hayes, MP Member for Werriwa Australian Labour Party Mr Jason Wood, MP Member for La Trobe Liberal Party of Australia Delegation Secretary Dr Jacqueline Dewar Secretariat Dr Jacqueline Dewar, Secretary Dr Robyn Clough, Principal Research Officer Mrs Nina Boughey, Senior Research Officer Mrs Danielle Oldfield, Executive Assistant Parliament House CANBERRA Telephone: (02) 6277 3419 Facsimile: (02) 6277 5866 Email: [email protected] iii iv TABLE OF CONTENTS MEMBERSHIP OF THE DELEGATION ................................................. iii Acronyms and abbreviations list................................................................. ix Foreword...................................................................................................... 1 CHAPTER 1 - Background to the delegation .............................................. 3 The objectives of the delegation ...................................................................................4 Acknowledgements ........................................................................................................5 ANZAC Day Commemorations ...................................................................................8 CHAPTER 2 - North American approaches to organised crime ................. 9 Canada ..............................................................................................................................9 Canadian agencies with which the Delegation met ....................................................9 The Public Prosecution Service of Canada ...............................................................11 The nature of organised crime in Canada ..................................................................12 Key Canadian legislation targeting organised crime ................................................13 Key issues and findings................................................................................................15 United States of America .............................................................................................27 United States Organisations with which the Delegation met ..................................27 The nature of organised crime in the United States .................................................29 Key United States legislation targeting organised crime .........................................30 Key issues and findings................................................................................................32 Conclusions ...................................................................................................................35 CHAPTER 3 - European approaches to organised crime.......................... 37 European agencies with which the Delegation met..................................................37 The nature of organised crime in Europe...................................................................48 Key Italian and Dutch legislation targeting organised crime ..................................55 v Key issues and findings................................................................................................60 Conclusions ...................................................................................................................68 CHAPTER 4 - United Kingdom approaches to organised crime ............... 69 UK agencies which the Delegation met .....................................................................70 The nature of organised crime in the UK ..................................................................80 Key United Kingdom legislation targeting organised crime ...................................82 Key issues and findings................................................................................................85 Conclusions ...................................................................................................................96 CHAPTER 5 - International arrangements to address serious and organised crime....................................................................... 99 Key findings of the Delegation ................................................................................ 100 Concluding remarks................................................................................................... 106 APPENDIX A – Terms of Reference ....................................................... 109 APPENDIX B - Delegation Program ....................................................... 111 APPENDIX C - Agencies/officers with whom the Delegation held meetings............................................................................................ 117 Canada ......................................................................................................................... 117 United States............................................................................................................... 117 Italy .............................................................................................................................. 118 Austria ......................................................................................................................... 119 United Kingdom......................................................................................................... 119 APPENDIX D - UNICRI's power point – work against Transnational Threats ............................................................................. 123 APPENDIX E - United Kingdom case judgement details regarding the reverse burden of proof in confiscation.............................................. 133 vi APPENDIX F - Speech by Mr Antonia Maria Costa, Director General, United Nations Office of Drugs and Crime: ............................................. 139 vii viii Acronyms and abbreviations list ACC Australian Crime Commission ACIIS Automated Criminal Intelligence Information System (Canada) ACPO Association of Chief Police Officers (UK) AFP Australian Federal Police AFU Asset Forfeiture Unit (South Africa) AGD Attorney General's Department (Australia) APACS UK Payment Association BTP British Transport Police CALEA Communications Assistance for Law Enforcement Act 1994 (US) CIROC Canadian Integrated Response to Organized Crime CISC Criminal Intelligence Service Canada CNP card-not-present CPCD Criminal Police Central Directorate (Italy) DCPCU Dedicated Cheque and Plastic Crime Unit (UK) DCSA The Central Directorate for Antidrug Services (Italy) DSO Directorate of Special Operations (South Africa) DIA Direzione Investigativa Antimafia (Italy) ELOs Europol Liaison Officers ESP Employer Supported Policing (UK) FBI The Federal Bureau of Investigations (US) FCO Foreign & Commonwealth Office (UK) FISS Fraud Intelligence Sharing System (UK) FIU Financial Intelligence Unit (Netherlands) ix GdF The Guardia di Finanza (Italy) GDP Gross Domestic Product HMRC Her Majesty's Revenue & Customs (UK) IFC Intelligence Fusion Centres (UK) KLPD Korps Landelijke Politiediensten/Dutch Police (Netherlands) MDMA Methylenedioxymethamphetamine MSC Metropolitan Special Constabulary (UK) NPA The National Prosecuting Authority (South Africa) NPS National Prosecuting Services (South Africa) OMCGs Outlaw Motorcycle Gangs PCSOs Police Community Support Officers (UK) PIPJIU Payments Industry and Police Joint Intelligence Unit (UK) PPSC Public Prosecution Service of Canada RCMP Royal Canadian Mounted Police RICO Racketeer Influence and Corrupt Organizations Act 1970 (US) SCD Specialist Crime Directorate (UK) SCPO Serious Crime Prevention Orders (UK) S.I.R.E.N.E. Supplementary Information Request at the National Entry (Europe) SIS Schengen Information System (Europe) SLOs SOCA Liaison Officers (UK) SOCA Serious Organised Crime Agency (UK) the committee Parliamentary Joint Committee on the Australian Crime Commission the Ombudsman Commonwealth Ombudsman (Australia) UK United Kingdom x US United States of America UNICRI United Nations Interregional Crime and Justice Institute UNODC United Nations Office on Drugs and Crime VAT Value Added Tax (UK) Currency abbreviations AU$ Australian Dollars CA$ Canadian Dollars £ United Kingdom Pounds € Euros US$ United States Dollars xi xii Foreword Drugs, illegal firearms, human trafficking – the top three criminal activities in the world. How do we contain them? How do we stop people endangering their lives by ingesting chemicals with their ice water in nightclubs? How do we stop young men using weapons, the effects of which they barely understand? How do we stop people being forced to labour in fields or brothels after being sold into slavery? Our delegation was told time and time again in each jurisdiction we visited, that crime is functional and dynamic in perspective. It is a business, conducted on a business model, with national and international networks and hierarchies and hubs. This means that each level of society can and has
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