Western Australian Current Acts Western Australian Current Acts (1) Property that is
wholly or partly derived or realised, directly or indirectly, from the
commission of a confiscation offence is crime-derived, whether or not —
(a)
anyone has been charged with or convicted of the offence; or
(b)
anyone who directly or indirectly derived or realised the property from the
commission of the offence has been identified; or
(c)
anyone who directly or indirectly derived or realised the property from the
commission of the offence was involved in the commission of the offence.
(2) Without limiting
subsection (1), property of the following kinds is crime-derived —
(a)
stolen property;
(b)
property bought with or exchanged for crime-derived property;
(c)
property acquired by legitimate means that could not have been acquired if
crime-derived property had not been used for other purposes;
(d) any
thing of monetary value acquired, in Australia or elsewhere, from the
commercial exploitation of any product, or of any broadcast, telecast or other
publication, where the commercial value of the product, broadcast, telecast or
other publication depends on or is derived from a person’s involvement
in the commission of a confiscation offence, whether or not the thing was
lawfully acquired and whether or not anyone has been charged with or convicted
of the offence.
(3) The reference in
subsection (2)(b) to crime-derived property is not limited to crime-derived
property described in subsection (1) or in subsection (2)(a), (c) or (d), but
also includes a reference to property that is crime-derived property because
of a previous operation or previous operations of subsection (2)(b).
(4A) In subsection
(4B) —
declared criminal organisation has the meaning
given in the Criminal Organisations Control Act 2012 section 3(1);
member , of a declared criminal organisation, has
the meaning given in the Criminal Organisations Control Act 2012
section 3(1).
(4B) Subsection (4C)
applies if —
(a) a
person is convicted of a confiscation offence; and
(b) at
the time of the commission of the offence, the person was a member of a
declared criminal organisation.
(4C) If this
subsection applies, it is presumed that all the property that the person owns
or effectively controls at the time of the commission of the confiscation
offence is crime-derived property, unless the person establishes the contrary.
(4) Once property
becomes crime-derived property it remains crime-derived property even if it is
disposed of, used to acquire other property or otherwise dealt with, unless it
stops being crime-derived property under subsection (8).
(5) Property owned by
2 or more people, whether jointly or as tenants in common, is crime-derived if
any part of the share of any of the owners is crime-derived, whether or not
any of the owners is an innocent party in relation to the share or part-share
that is crime-derived.
(6) If a person once
owned crime-derived property, but was divested of the property in such a way
that it stopped being crime-derived property under subsection (8), then, if
the person acquires the property again, it becomes crime-derived property
again.
(7) For the purposes
of deciding whether property is crime-derived, the proceeds of a sale or other
dealing do not lose their identity as those proceeds only as a result of being
credited to an account.
(8) Crime-derived
property stops being crime-derived property —
(a) when
it is acquired by an innocent party; or
(b) if
it is frozen property — when the freezing order is set aside under
section 83; or
(c) if
it has been confiscated — when the court orders its release under
section 87; or
(d) if
it is money to be paid into the Confiscation Proceeds Account under
section 131(1) — when it is paid into the Confiscation Proceeds Account;
or
(e) if
it has been confiscated, but is not money — when the property is
disposed of in accordance with regulations under section 140(2)(e); or
(f) in
any other circumstances prescribed by the regulations.
[Section 148 amended: No. 49 of 2012 s. 176(3).]