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Crime (Confiscation of Profits) Amendment Act 2007 (No. 53 of 2007)
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CONTENTS
Crime (Confiscation of Profits) Amendment Act 2007
1. Short title
2. Commencement
3. Principal Act
4. Section 4 amended (Interpretation)
5. Section 7 substituted
6. Part 6A inserted
7. Section 67 repealed
8. Section 68 amended (Prosecution of offences)
[crest]
Crime (Confiscation of Profits) Amendment Act 2007
An Act to amend the Crime (Confiscation of Profits) Act 1993
[Royal Assent 13 December 2007]
Be it enacted by His Excellency the Governor of Tasmania, by and with the
advice and consent of the Legislative Council and House of Assembly, in
Parliament assembled, as follows:
1. Short title
This Act may be cited as the Crime (Confiscation of Profits) Amendment Act
2007.
2. Commencement
This Act commences on the day on which this Act receives the Royal Assent.
3. Principal Act
In this Act, the Crime (Confiscation of Profits) Act 1993 is referred to as
the Principal Act.
4. Section 4 amended (Interpretation)
Section 4(1) of the Principal Act is amended as follows:
(a) by inserting the following definition after the definition of
"forfeiture order":
"instrument of crime" means property that is used in the
commission of, in connection with, or to facilitate the
commission of, a serious offence;
(b) by omitting the definition of "serious offence" and substituting
the following definition:
"serious offence" means
(a) an offence against a law of Tasmania which may be dealt
with as an indictable offence even though it may, in some
circumstances, be dealt with summarily; or
(b) an offence against a law of another State, a Territory,
the Commonwealth or a country outside Australia that would
have constituted an offence referred to in paragraph (a) if
it had been committed in Tasmania;
(c) by omitting paragraph (a) from the definition of "tainted property"
and substituting the following paragraph:
(a) an instrument of crime; or
5. Section 7 substituted
Section 7 of the Principal Act is repealed and the following section is
substituted:
7. Meaning of "dealing with property or proceeds"
For the purposes of this Act, dealing with the property of a person or
the proceeds of crime includes
(a) receiving, possessing or disposing of the property or proceeds;
and
(b) bringing the property or proceeds, or causing the property or
proceeds to be brought, into Tasmania, or removing the property or
proceeds from Tasmania including transferring the property or
proceeds, or causing the property or proceeds to be transferred, by
electronic communication; and
(c) engaging, directly or indirectly, in a transaction involving
the property or proceeds, including receiving or making a gift of
the property or proceeds; and
(d) if a debt is owed by the person, making a payment of the
property or proceeds in reduction of the amount of the debt.
6. Part 6A inserted
After section 66 of the Principal Act, the following Part is inserted:
PART 6A - Money laundering
66A. Dealing with proceeds of crime
(1) A person must not deal with proceeds of crime
(a) knowing that it is proceeds of crime; and
(b) intending to conceal that it is proceeds of crime.
Penalty:
Imprisonment for a term not exceeding 20 years.
(2) A person must not deal with proceeds of crime knowing that it
is proceeds of crime.
Penalty:
Imprisonment for a term not exceeding 15 years.
(3) A person must not deal with proceeds of crime being reckless
as to whether or not it is proceeds of crime.
Penalty:
Imprisonment for a term not exceeding 10 years.
(4) A person must not deal with proceeds of crime being negligent
as to whether or not it is proceeds of crime.
Penalty:
Imprisonment for a term not exceeding 5 years.
(5) It is a defence to a prosecution for an offence under this
section if the defendant satisfies the court that he or she dealt with
the property in order to assist the enforcement of a law of the
Commonwealth, a State or a Territory.
66B. Dealing with property suspected of being proceeds of crime
(1) A person who deals with property, if there are reasonable
grounds to suspect that the property is proceeds of crime, is guilty of
an offence.
Penalty:
Imprisonment for a term not exceeding 2 years.
(2) It is a defence to a prosecution for an offence under this
section if the defendant satisfies the court that he or she had no
reasonable grounds for suspecting that the property was substantially
derived or realised, directly indirectly, or from an act or omission
constituting an offence against a law in force in the Commonwealth, a
State or a Territory.
66C. Dealing with property which subsequently becomes an instrument of
crime
(1) If
(a) the person deals with property intending that the property will
become an instrument of crime; and
(b) the property subsequently becomes an instrument of crime
the person is guilty of an offence.
Penalty:
Imprisonment for a term not exceeding 15 years.
(2) If
(a) the person deals with property being reckless as to whether or
not the property will become an instrument of crime; and
(b) the property subsequently becomes an instrument of crime
the person is guilty of an offence.
Penalty:
Imprisonment for a term not exceeding 10 years.
(3) If
(a) the person deals with property being negligent as to whether or
not the property will become an instrument of crime; and
(b) the property subsequently becomes an instrument of crime
the person is guilty of an offence.
Penalty:
Imprisonment for a term not exceeding 5 years.
(4) It is a defence to a prosecution for an offence under this
section if the defendant satisfies the court that he or she dealt with
the property in order to assist the enforcement of a law of the
Commonwealth, a State or a Territory.
66D. Alternative verdicts
(1) If, on the trial of a person for an offence under section 66A
(1), the jury is not satisfied that the defendant is guilty of the
offence with which he or she is charged, but is satisfied that the
defendant is guilty of an offence under section 66A(2), (3) or (4), it
may find the defendant not guilty of the offence with which he or she
is charged but guilty of the other offence, and the defendant is liable
to punishment accordingly.
(2) If, on the trial of a person for an offence under section 66A
(2), the jury is not satisfied that the defendant is guilty of the
offence with which he or she is charged, but is satisfied that the
defendant is guilty of an offence under section 66A(3) or (4), it may
find the defendant not guilty of the offence with which he or she is
charged but guilty of the other offence, and the defendant is liable to
punishment accordingly.
(3) If, on the trial of a person for an offence under section 66A
(3), the jury is not satisfied that the defendant is guilty of the
offence with which he or she is charged, but is satisfied that the
defendant is guilty of an offence under section 66A(4), it may find the
defendant not guilty of the offence with which he or she is charged but
guilty of the other offence, and the defendant is liable to punishment
accordingly.
(4) If, on the trial of a person for an offence under section 66C
(1), the jury is not satisfied that the defendant is guilty of the
offence with which he or she is charged, but is satisfied that the
defendant is guilty of an offence under section 66C(2) or (3), it may
find ...