Australian Capital Territory Numbered Acts

CONFISCATION OF CRIMINAL ASSETS ACT 2003 (NO. 8 OF 2003) - SECT 23

    (1)     A person commits an offence if—

        (a)     the person deals with property; and

        (b)     the property is subject to a restraining order; and

        (c)     the person knows that, or is reckless about the fact that, the property is subject to a restraining order; and

        (d)     the dealing with the property contravenes the order.

Maximum penalty: 500 penalty units, imprisonment for 5 years or both.

    (2)     A person commits an offence if—

        (a)     the person deals with property; and

        (b)     the property is subject to a restraining order; and

        (c)     the dealing with the property contravenes the order; and

        (d)     either of the following applies:

              (i)     the restraining order, or details of the order, were recorded in a statutory property register under section 50 (2) (Restraining orders—registration in statutory property registers) when the person dealt with the property;

              (ii)     the person was given notice of the order under section 34 (Restraining orders—notice of making) before the person dealt with the property.

Maximum penalty: 200 penalty units, imprisonment for 2 years or both.

    (3)     Strict liability applies to subsection (2) (b), (c) and (d).