Western Australian Current Acts Western Australian Current Acts (1) In this Act,
confiscation offence means —
(a) an
offence against a law in force anywhere in Australia that is punishable by
imprisonment for 2 years or more; or
(ba) any
offence against a law in force anywhere in Australia, in any case where
—
(i)
the involvement or suspected involvement of a person in
the commission of an offence, or the commission or suspected commission of an
offence by a person, or the conviction of a person for an offence, is relevant
for the purposes of any proceedings under this Act against that person or for
the purposes of any provision of this Part or Parts 5, 6, 8, 10 or 11; and
(ii)
at the time of the person’s involvement or
suspected involvement in the commission of the offence or, as the case
requires, the time of the commission or suspected commission of the offence by
the person, the person is or was a controlled person under a control order
under the Criminal Organisations Control Act 2012 ;
or
(b) any
other offence that is prescribed for the purposes of this definition.
(2) An offence of a
kind referred to in subsection (1)(a) is a confiscation offence even if a
charge against a person for the offence is dealt with by a court whose
jurisdiction is limited to the imposition of sentences of imprisonment of less
than 2 years.
[Section 141 amended: No. 49 of 2012 s. 176(2).]