Western Australian Current Acts

CRIMINAL PROPERTY CONFISCATION ACT 2000 - SECT 153

153 .         Term used: innocent party

        (1)         A person is an innocent party in relation to crime-used property if the person —

            (a)         was not in any way involved in the commission of the relevant confiscation offence; and

            (b)         did not know, and had no reasonable grounds for suspecting, that the relevant confiscation offence was being or would be committed, or took all reasonable steps to prevent its commission.

        (2)         A person is an innocent party in relation to crime-used property if the person —

            (a)         did not know, and had no reasonable grounds for suspecting, that the property was being or would be used in or in connection with the commission of the relevant confiscation offence; or

            (b)         took all reasonable steps to prevent its use.

        (3)         A person who owns or effectively controls crime-used property is an innocent party in relation to the property if —

            (a)         the person did not acquire the property or its effective control before the time that the relevant confiscation offence was committed or is likely to have been committed; and

            (b)         at the time of acquiring the property or its effective control, the person did not know and had no reasonable grounds for suspecting that the property was crime-used; and

            (c)         if the person acquired the property for valuable consideration — the consideration was lawfully acquired; and

            (d)         the person did not acquire the property or its effective control, either as a gift or for valuable consideration, with the intention of avoiding the operation of this Act.

        (4)         A person is an innocent party in relation to crime-derived property if —

            (a)         the person acquired the property, or the person’s share of it (if it is owned by more than one person), for valuable consideration; and

            (b)         the consideration was lawfully acquired; and

            (c)         before acquiring the property or share, the person made reasonable inquiries, and took all other action reasonable in the circumstances, to ascertain whether or not the property was crime-derived; and

            (d)         despite the inquiries made under paragraph (c), at the time of acquiring the property or share, the person did not know and had no reasonable grounds for suspecting that the property was crime-derived; and

            (e)         the person did not acquire the property or share with the intention of avoiding the operation of this Act.