Proceeds of Crime Act 2002

CHAPTER 6 - INTERPRETING THIS ACT  

PART 6-1 - MEANING OF SOME IMPORTANT CONCEPTS  

Division 1 - Proceeds and instrument of an offence  

SECTION 330   When property becomes, remains and ceases to be proceeds or an instrument  

330(1)  
Property becomes proceeds of an offence if:


(a) the property is wholly or partly derived or realised from a disposal or other dealing with *proceeds of the offence; or


(b) the property is wholly or partly acquired using proceeds of the offence; or


(c) an *encumbrance or a security on, or a liability incurred to acquire, retain, maintain or make *improvements to, the property is wholly or partly discharged using proceeds of the offence; or


(d) the costs of retaining, maintaining or making improvements to the property are wholly or partly met using proceeds of the offence; or


(e) the property is improved using proceeds of the offence;

including because of one or more previous applications of this section.

330(2)  
Property becomes an instrument of an offence if:


(a) the property is wholly or partly derived or realised from the disposal or other dealing with an *instrument of the offence; or


(b) the property is wholly or partly acquired using an instrument of the offence; or


(c) an *encumbrance or a security on, or a liability incurred to acquire, retain, maintain or make *improvements to, the property is wholly or partly discharged using an instrument of the offence; or


(d) the costs of retaining, maintaining or making improvements to the property are wholly or partly met using an instrument of the offence; or


(e) the property is improved using an instrument of the offence;

including because of one or more previous applications of this section.

330(3)  
Property remains proceeds of an offence or an instrument of an offence even if:


(a) it is credited to an * account; or


(b) it is disposed of or otherwise dealt with.

330(4)  
Property only ceases to be proceeds of an offence or an instrument of an offence:


(a) if it is acquired by a third party for * sufficient consideration without the third party knowing, and in circumstances that would not arouse a reasonable suspicion, that the property was proceeds of an offence or an instrument of an offence (as the case requires); or


(b) if the property vests in a person from the distribution of the estate of a deceased person, having been previously vested in a person from the distribution of the estate of another deceased person while the property was still proceeds of an offence or an instrument of an offence (as the case requires); or


(ba) if the property has been distributed in accordance with:


(i) an order in proceedings under the Family Law Act 1975 with respect to the property of the parties to a marriage or either of them; or

(ia) an order in proceedings under the Family Law Act 1975 with respect to the property of the parties to a de facto relationship (within the meaning of that Act) or either of them; or

(ii) a financial agreement, or Part VIIIAB financial agreement, within the meaning of that Act;
and 6 years have elapsed since that distribution; or


(c) if the property is acquired by a person as payment for reasonable legal expenses incurred in connection with an application under this Act or defending a criminal * charge; or


(d) if a * forfeiture order in respect of the property is satisfied; or


(e) if the property is forfeited, confiscated or otherwise disposed of under a *corresponding law (whether or not because of an order made under that law); or


(f) if the property is otherwise sold or disposed of under this Act; or


(g) in any other circumstances specified in the regulations.

330(5)  
However, if:


(a) a person once owned property that was * proceeds of an offence or an * instrument of an offence; and


(b) the person ceased to be the owner of the property and (at that time or a later time) the property stopped being proceeds of an offence or an instrument of the offence under subsection (4) (other than under paragraph (4)(d)); and


(c) the person acquires the property again;

then the property becomes proceeds of an offence or an instrument of the offence again (as the case requires).

330(5A)  
Paragraph (4)(ba) does not apply if, despite the distribution referred to in that paragraph, the property is still subject to the * effective control of a person who:


(a) has been convicted of; or


(b) has been charged with, or who is proposed to be charged with; or


(c) has committed, or is suspected of having committed;

the offence in question.

330(6)  
Property becomes, remains or ceases to be proceeds of an *unlawful activity, or an instrument of an unlawful activity, if the property becomes, remains or ceases to be proceeds of the offence, or an instrument of the offence, constituted by the act or omission that constitutes the unlawful activity.

330(7)  
Paragraphs (1)(a) to (e) and (2)(a) to (e) do not limit each other.

330(8)  
This section does not limit section 329 .




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