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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Criminal Law Amendment (Criminal Property)
Bill 2004
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Amendments to The Criminal
Code
3. The Act amended 3
4. Section 563A amended 3
5. Section 563B inserted 4
Part 3 -- Amendments to Sentencing
Act 1995
6. The Act amended 7
7. Section 8 amended 7
8. Section 16 amended 8
286--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Criminal Law Amendment (Criminal Property)
Bill 2004
A Bill for
An Act to amend --
• The Criminal Code; and
• the Sentencing Act 1995.
The Parliament of Western Australia enacts as follows:
page 1
Criminal Law Amendment (Criminal Property) Bill 2004
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Criminal Law Amendment
(Criminal Property) Act 2004.
5 2. Commencement
(1) Subject to subsection (2), this Act comes into operation on the
day on which it receives the Royal Assent.
(2) Part 3 comes into operation on a day fixed by proclamation.
page 2
Criminal Law Amendment (Criminal Property) Bill 2004
Amendments to The Criminal Code Part 2
s. 3
Part 2 -- Amendments to The Criminal Code
3. The Act amended
The amendments in this Part are to The Criminal Code*.
[* Reprint 10 as at 7 February 2003 (see the Schedule to the
5 Criminal Code Act 1913 appearing as Appendix B to the
Criminal Code Act Compilation Act 1913).
For subsequent amendments see Western Australian
Legislation Information Tables for 2003, Table 1, p. 95.]
4. Section 563A amended
10 (1) Section 563A(1) is amended by deleting "a major offence" and
inserting instead --
" an offence ".
(2) After section 563A(1) the following subsection is inserted --
"
15 (1a) For the purpose of deciding whether money or other
property is proceeds of an offence, the money or other
property does not cease to be proceeds of an offence
only as a result of --
(a) being credited to an account; or
20 (b) being given away, or exchanged for other
property that is not proceeds of an offence.
".
(3) Section 563A(3) is amended as follows:
(a) by deleting the definition of "major offence" and
25 inserting instead --
"
"offence" means an offence against a law of Western
Australia, the Commonwealth, another State or a
Territory;
30 ";
page 3
Criminal Law Amendment (Criminal Property) Bill 2004
Part 2 Amendments to The Criminal Code
s. 5
(b) in the definition of "proceeds" by deleting "or a major
offence";
(c) in the definition of "proceeds" by deleting "or major
offence, as the case requires".
5 5. Section 563B inserted
After section 563A the following section is inserted in
Chapter LIX --
"
563B. Dealing with property used in connection with an
10 offence
(1) A person who deals with any money or other property
that is being used, or is intended to be used, in
connection with an offence is guilty of a crime and is
liable to imprisonment for 20 years.
15 (2) A person may be convicted of a crime under
subsection (1) regardless of whether --
(a) the person does anything to facilitate or procure
the commission of the offence;
(b) the person does or omits to do anything that
20 constitutes all or part of the offence;
(c) anyone who does or omits to do, or who
intended or intends to do or omit, anything that
constitutes all or part of the offence is
identified;
25 (d) anyone is charged with or convicted of the
offence; or
(e) the offence is subsequently committed.
(3) It is a defence in proceedings for a crime under
subsection (1) --
30 (a) to prove that the defendant --
(i) did not know;
page 4
Criminal Law Amendment (Criminal Property) Bill 2004
Amendments to The Criminal Code Part 2
s. 5
(ii) did not believe or suspect; and
(iii) did not have reasonable grounds to
believe or suspect,
that the money or other property was being
5 used or was intended to be used in connection
with the offence; or
(b) to prove that the defendant engaged in the act
or omission alleged to constitute the crime in
order to assist the enforcement of a law of
10 Western Australia, the Commonwealth, another
State or a Territory.
(4) A prosecution under this section must not be
commenced without the consent of the Director of
Public Prosecutions.
15 (5) In this section --
"deals with", in relation to money or other property,
means --
(a) receives or has possession or control of the
money or other property;
20 (b) conceals or attempts to conceal the money or
other property;
(c) passes the money or other property to
another person; or
(d) disposes of the money or other property in
25 any other way;
"offence" means an offence against a law of Western
Australia, the Commonwealth, another State or a
Territory;
page 5
Criminal Law Amendment (Criminal Property) Bill 2004
Part 2 Amendments to The Criminal Code
s. 5
"used in connection with an offence" means used in
or in connection with --
(a) the commission of an offence; or
(b) facilitating or procuring an offence.
5 ".
page 6
Criminal Law Amendment (Criminal Property) Bill 2004
Amendments to Sentencing Act 1995 Part 3
s. 6
Part 3 -- Amendments to Sentencing Act 1995
6. The Act amended
The amendments in this Part are to the Sentencing Act 1995*.
[* Reprint 3 as at 10 October 2003.
5 For subsequent amendments see Western Australian
Legislation Information Tables for 2003, Table 1, p. 349.]
7. Section 8 amended
(1) Section 8(3) is repealed and the following subsections are
inserted instead --
10 "
(3) The fact that criminal property confiscation has
occurred or may occur is not a mitigating factor.
(3a) However, except in the case of derived property,
facilitation by the offender of criminal property
15 confiscation is a mitigating factor.
".
(2) After section 8(5) the following subsection is inserted --
"
(6) In this section --
20 "criminal property confiscation" means --
(a) confiscation of derived property or any other
property under section 6, 7 or 8 of the
Criminal Property Confiscation Act 2000; or
(b) confiscation or forfeiture to the Crown of
25 derived property under any other written
law;
"derived property" means property derived or
realised, directly or indirectly, by the offender, or
that is subject to the effective control of the
page 7
Criminal Law Amendment (Criminal Property) Bill 2004
Part 3 Amendments to Sentencing Act 1995
s. 8
offender, as a result of the commission of the
offence.
".
8. Section 16 amended
5 Section 16(1)(f) is amended by deleting "forfeiture to Crown"
and inserting instead --
"
confiscation or forfeiture to the Crown
(otherwise than under the Criminal Property
10 Confiscation Act 2000)
".
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