Australian Capital Territory Current Acts

CRIMINAL CODE 2002 - SECT 638

    (1)     For this part, property is directly derived from a drug offence if the property—

        (a)     is all or part of the proceeds of a drug offence; or

        (b)     is completely or partly acquired by disposing of, or using, the proceeds of a drug offence.

    (2)     The proceeds of a drug offence include the proceeds of any sale involved in committing the offence or any remuneration or other reward for committing the offence.

    (3)     For this part, property is indirectly derived from a drug offence if the property—

        (a)     is completely or partly acquired by disposing of, or using, property directly derived from a drug offence; or

        (b)     is completely or partly acquired by disposing of, or using, property indirectly derived from a drug offence (including property indirectly derived because of a previous operation of paragraph (a))

    (4)     Property "directly derived" or indirectly derived from a drug offence does not include a controlled drug, plant or precursor.

    (5)     Property directly derived or indirectly derived from a drug offence does not lose its identity as such only because it is deposited with a financial institution or other entity for credit to an account or for investment.