Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

PROCEEDS OF CRIME ACT 2002 - SECT 329

Meaning of proceeds and instrument

  (1)   Property is proceeds of an offence if:

  (a)   it is wholly derived or realised, whether directly or indirectly, from the commission of the offence; or

  (b)   it is partly derived or realised, whether directly or indirectly, from the commission of the offence;

whether the property is situated within or outside * Australia.

  (2)   Property is an instrument of an offence if:

  (a)   the property is used in, or in connection with, the commission of an offence; or

  (b)   the property is intended to be used in, or in connection with, the commission of an offence;

whether the property is situated within or outside * Australia.

  (3)   Property can be proceeds of an offence or an instrument of an offence even if no person has been convicted of the offence.

  (4)   Proceeds or an instrument of an * unlawful activity means proceeds or an instrument of the offence constituted by the act or omission that constitutes the unlawful activity.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback