Western Australian Current Acts

CRIMINAL PROPERTY CONFISCATION ACT 2000 - SECT 146

146 .         Term used: crime-used

        (1)         For the purposes of this Act, property is crime-used if —

            (a)         the property is or was used, or intended for use, directly or indirectly, in or in connection with the commission of a confiscation offence, or in or in connection with facilitating the commission of a confiscation offence; or

            (b)         the property is or was used for storing property that was acquired unlawfully in the course of the commission of a confiscation offence; or

            (c)         any act or omission was done, omitted to be done or facilitated in or on the property in connection with the commission of a confiscation offence.

        (2)         Without limiting subsection (1), property described in that subsection is crime-used whether or not —

            (a)         the property is also used, or intended or able to be used, for another purpose; or

            (b)         anyone who used or intended to use the property as mentioned in subsection (1) has been identified; or

            (c)         anyone who did or omitted to do anything that constitutes all or part of the relevant confiscation offence has been identified; or

            (d)         anybody has been charged with or convicted of the relevant confiscation offence.

        (3)         Without limiting subsection (1) or (2), any property in or on which an offence under Chapter XXII or XXXI of The Criminal Code is committed is crime-used property.