Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 104

104 Meaning of tainted property

(1)
"Tainted property" , for a confiscation offence, means—

(a) property used, or intended to be used, by a person in, or in connection with, the commission of the offence; or

(b) property or another benefit derived by a person from property mentioned in paragraph (a) ; or

(c) property or another benefit derived by a person from the commission of the offence; or

(d) if the offence is money laundering, property mentioned in section 250 (2) (a) ; or

(e) if the offence is against section 252 (1) , property mentioned in that subsection.

(2) Property mentioned in subsection (1) (a) includes property the use of which is, or the intended use of which would be, all or part of the confiscation offence.

(3) Subsection (1) (d) and (e) —

(a) do not limit subsection (1) (a) to (c) ; and

(b) apply even though an act done in relation to the property is all or part of the confiscation offence.

(4) If the confiscation offence is conspiracy to commit a confiscation offence, the references to the confiscation offence in subsection (1) (a) and (c) are taken to include a reference to the confiscation offence the subject of the conspiracy.

Note—

An offence may be a conspiracy to commit a confiscation offence if it is an ancillary offence to a serious criminal offence, or another indictable offence that is a conspiracy to commit a crime under the Criminal Code , section 541 .

(5) For part 3 ,
"property" mentioned in subsection (1) includes benefits that the prescribed respondent has derived, is deriving, or is to derive, under a contract formed on or after 12 May 1989 about either of the following—

(a) a depiction of a confiscation offence or alleged confiscation offence in a movie, book, newspaper, magazine, radio, or television production, or in any other electronic form, or live or recorded entertainment of any kind;

(b) an expression of the prescribed respondent’s thoughts, opinions or emotions about a confiscation offence.