Australian Capital Territory Numbered Acts Australian Capital Territory Numbered ActsSchedule 1 Amendments of other legislation
(see s 268)
Part 1.1 Administrative Decisions (Judicial Review) Act 1989
insert
• Confiscation of Criminal Assets Act 2003
Part 1.2 Crimes Act 1900
insert
7A Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to the following offences against this Act (see Code, pt 2.1):
• s 114B (Money laundering)
• s 114C (1) (Possession etc of property suspected of being proceeds of crime)
• s 114D (1) (Organised fraud)
• s 386 (Unlawful possession of money or goods).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg "conduct", "intention", recklessness and strict liability ).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
insert
Division 6.2A Money laundering and organised fraud
114A Definitions for div 6.2A
"deal", with money or other property, means—
(a) receiving, possessing, concealing or disposing of money or other property; or
(b) bringing into the ACT money or other property.
"proceeds of crime" means—
(a) any property derived or realised, directly or indirectly, by anyone from the commission of an indictable offence; or
(b) any property derived or realised, directly or indirectly, by anyone from acts or omissions that—
(i) happened outside the ACT; and
(ii) would, if they had happened in the ACT, have been an indictable offence.
"property" includes property located in Australia outside the ACT or outside Australia.
"unlawful activity" means an act or omission that is an offence against Territory law or the law of the Commonwealth, a State, another Territory or a foreign country.
114B Money laundering
A person commits an offence if—
(a) the person deals with money or other property; and
(b) the money or other property is proceeds of crime; and
(c) the person knows that, or is reckless about the fact that, the money or other property is derived or realised, directly or indirectly, from some form of unlawful activity.
Maximum penalty: 1 000 penalty units, imprisonment for 10 years or both.
114C Possession etc of property suspected of being proceeds of crime
(1) A person commits an offence if—
(a) the person deals with money or other property; and
(b) the money or other property is proceeds of crime.
Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
(2) An offence against this section is a strict liability offence..
114D Organised fraud
(1) A person who engages in organised fraud commits an offence.
Maximum penalty: 1 500 penalty units, imprisonment for 15 years or both.
(2) A person is taken to engage in organised fraud only if the person engages in acts or omissions—
(a) that constitute 3 or more public fraud offences; and
(b) from which the person derives substantial benefit.
(3) If, on a trial for an offence against subsection (1) (the offence charged ), the trier of fact is not satisfied that the person is guilty of the offence charged but is satisfied that the person is guilty of 1 or more public fraud offences (the other offences ), the trier of fact—
(a) must acquit the person of the offence charged; and
(b) may find the person guilty of the other offences.
(4) In this section:
"public fraud offence" means an offence against the Crimes (Offences against the Government) Act 1989 , section 8 (Fraud) or the Criminal Code, section 48 (Conspiracy).
[1.4] Section 185 , new definitions
insert
"tainted property"—see the Confiscation of Criminal Assets Act 2003 , section 10.
"target material"—see the Confiscation of Criminal Assets Act 2003 , section 195.
[1.5] Section 194 (6) (a) (ii) and (7) (a) (ii)
substitute
(ii) a thing relevant to another offence that is an indictable offence; or
(iii) target material or tainted property;
Note Target material and tainted property are relevant to the Confiscation of Criminal Assets Act 2003 .
[1.6] Section 195 (1) (d) (ii)
substitute
(ii) evidential material in relation to any indictable offence; or
(iii) target material or tainted property;
Note Target material and tainted property are relevant to the Confiscation of Criminal Assets Act 2003 .
[1.7] Section 195 (2) (c) (ii)
substitute
(ii) a thing relevant to any indictable offence; or
(iii) target material or tainted property;
Note Target material and tainted property are relevant to the Confiscation of Criminal Assets Act 2003 .
[1.8] Sections 250 and 251
substitute
250 Disposal of forfeited articles by public trustee
(1) The public trustee must sell or otherwise dispose of an article transferred to the public trustee under section 249 (4).
(2) The public trustee must—
(a) apply the proceeds of the sale or disposition in payment of the public trustee's remuneration, and other costs, charges and expenses, in relation to the sale or disposition; and
(b) pay the remainder of the proceeds to the confiscated assets trust fund under the Confiscation of Criminal Assets Act 2003 .
(3) However, the Minister may, in a particular case, direct that the article be dealt with in accordance with the direction (including in accordance with a law stated in the direction).
(4) The public trustee must comply with the Minister's direction.
(5) The regulations may make provision in relation to public trustee's remuneration, and other costs, charges and expenses, under subsection (2) (a).
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The court shall not, in determining
substitute
(1) A court must not, in deciding
insert
(2) A court must not, in deciding the sentence to be imposed on a person, reduce the severity of the sentence that would otherwise be imposed because of any automatic forfeiture of property, forfeiture order or penalty order under the Confiscation of Criminal Assets Act 2003 .
insert
(1A) However, the court must not order the offender to make reparation to a person only because the person's property is subject to a restraining order or forfeiture order under the Confiscation of Criminal Assets Act 2003 .
renumber subsections when Act next republished under Legislation Act
substitute
386 Unlawful possession of money or goods
(1) A person commits an offence if—
(a) the person has money or goods in the person's custody or in the custody of someone else; and
(b) the money or goods are unlawfully obtained money or goods.
Maximum penalty: 100 penalty units, imprisonment for 6 months or both.
(2) A person commits an offence if—
(a) the person has money or goods in or on any premises, whether the money or goods are in or on the premises for the person's own use or for the use of someone else; and
(b) the money or goods are unlawfully obtained money or goods.
Maximum penalty: 100 penalty units, imprisonment for 6 months or both.
(3) A person commits an offence if—
(a) the person gives custody of money or goods to someone who is not lawfully entitled to possession of the money or goods; and
(b) the money or goods are unlawfully obtained money or goods.
Maximum penalty: 100 penalty units, imprisonment for 6 months or both.
(4) It is a defence to a prosecution for an offence against subsections (1) to (3) if the defendant satisfies the court that the defendant had no reasonable grounds for suspecting that the unlawfully obtained money or goods were stolen or otherwise unlawfully obtained.
(5) In this section:
"premises" includes the following:
(a) land (whether vacant or occupied);
(b) any structure, building, vehicle or place (whether built or not);
(c) any part of a structure, building, vehicle or place.
"unlawfully obtained money or goods" means money or goods that are reasonably suspected of having been stolen or otherwise unlawfully obtained.
386A Forfeiture of unlawfully obtained money or goods
(1) If a person is convicted of an offence against section 386, the money or goods to which the offence relates are forfeited to the Territory—
(a) if the person convicted is the owner of the money or goods—when the person is convicted; or
(b) in any other case—at the end of 90 days after the day the person is convicted of the offence unless the owner of the goods is known.
(2) The forfeited money or goods must be transferred to the public trustee.
386B Disposal of forfeited money or goods by public trustee
(1) The public trustee must pay any forfeited money transferred to the public trustee under section 386A (2) to the confiscated assets trust fund under the Confiscation of Criminal Assets Act 2003 .
(2) The public trustee must sell or otherwise dispose of goods transferred to the public trustee under section 386A (2).
(3) The public trustee must—
(a) apply the proceeds of the sale or disposition in payment of the public trustee's remuneration, and other costs, charges and expenses, in relation to the sale or disposition; and
(b) pay the remainder of the proceeds to the confiscated assets trust fund under the Confiscation of Criminal Assets Act 2003 .
(4) However, the Minister may, in a particular case, direct that forfeited goods be dealt with in accordance with the direction (including in accordance with a law stated in the direction).
(5) The public trustee must comply with the Minister's direction.
(6) The regulations may make provision in relation to public trustee's remuneration, and other costs, charges and expenses, under subsection (3) (a).
386C Return or compensation for forfeited money or goods
(1) If, after the end of the 90 day period mentioned in section 386A (1) (b), the owner of the money or goods claims the money or the goods, the public trustee must, if satisfied that the person is the owner—
(a) pay the money to the person; or
(b) return the goods to the person or pay the person reasonable compensation for the goods.
(2) This section does not apply if the money or goods are subject to forfeiture, or have been forfeited, under the Confiscation of Criminal Assets Act 2003 .
Note The Confiscation of Criminal Assets Act 2003 provides for compensation or the return of forfeited property in certain circumstances.
[1.14] Dictionary, new definitions
insert
"tainted property", for part 10 (Criminal investigation)—see the Confiscation of Criminal Assets Act 2003 , section 10.
"target material", for part 10 (Criminal investigation)—see the Confiscation of Criminal Assets Act 2003 , section 195.
[1.15] Dictionary, definition of trust fund
omit
Part 1.3 Prostitution Act 1992
[1.16] Section 6 (1) (a) (iii)
substitute
(iii) the Crimes Act 1900 , section 114B (Money laundering);