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 329   Meaning of proceeds and instrument  

329(1)    
Property is proceeds of an offence if:


(a) it is wholly derived or realised, whether directly or indirectly, from the commission of the offence; or


(b) it is partly derived or realised, whether directly or indirectly, from the commission of the offence;

whether the property is situated within or outside * Australia.


329(2)    
Property is an instrument of an offence if:


(a) the property is used in, or in connection with, the commission of an offence; or


(b) the property is intended to be used in, or in connection with, the commission of an offence;

whether the property is situated within or outside * Australia.


329(3)    
Property can be proceeds of an offence or an instrument of an offence even if no person has been convicted of the offence.

329(4)    
Proceeds or an instrument of an * unlawful activity means proceeds or an instrument of the offence constituted by the act or omission that constitutes the unlawful activity.




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