Australian Capital Territory Numbered Acts

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PROCEEDS OF CRIME ACT 1991 (NO. 103 OF 1991) - SECT 76

76. (1) A person who engages in organised fraud is guilty of an offence against this section punishable, upon conviction, by—

        (a)     if the offender is a natural person—a fine not exceeding $150,000 or imprisonment for a period not exceeding 15 years, or both; or

        (b)     if the offender is a body corporate—a fine not exceeding $750,000.

(2) A person shall be taken to engage in organised fraud only if he or she engages, after the commencement of this Act, in acts or omissions—

        (a)     that constitute 3 or more public fraud offences; and

        (b)     from which the person derives substantial benefit.

(3) Where a person is charged with an offence against subsection (1) in relation to a number of public fraud offences and the jury is not satisfied that the person is guilty of the offence against subsection (1) but is satisfied that the person is guilty of 1 or more of the public fraud offences, the jury shall acquit the person of the offence against subsection (1) and may find the person guilty of that public fraud offence or those public fraud offences and the person is punishable accordingly.

(4) In this section—

“public fraud offence” means an offence under section 8 of the Crimes (Offences against the Government) Act 1989 or section 349 of the Crimes Act.

Division 3—Miscellaneous

Conduct by directors, servants or agents



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