CONFISCATION OF CRIMINAL ASSETS ACT 2003 - SECT 10 What is tainted property

CONFISCATION OF CRIMINAL ASSETS ACT 2003 - SECT 10

    (1)     In this Act:

"tainted property", in relation to an offence, means—

        (a)     property that was used, or was intended by an offender to be used, in relation to the commission of the offence; or

        (b)     property that was derived by anyone from the commission of the offence; or

        (c)     property that was derived by anyone from property mentioned in paragraph (a) or (b);

and includes an amount of money held in an account with a financial institution that represents the value of property mentioned in paragraph (a), (b) or (c) that has been directly or indirectly credited to the account.

Note 1     For the meaning of in relation to , see dict.

Note 2     For the meaning of derived , see s 12.

Note 3     Property includes an interest in property, see the Legislation Act

, dict, pt 1.

    (2)     For subsection (1) (a), any property found in the possession of an offender at the time of, or immediately after, the commission of the offence is taken to be property that was used, or was intended by the offender to be used, in relation to the commission of the offence, unless the contrary is established by the offender.

Examples of tainted property for s 10

1     A car used as a getaway car for an armed robbery (see s (1) (a)).

2     Money and jewellery stolen during the commission of the armed robbery offence (see s (1) (b)).

3     Shares bought using money stolen during the commission of the armed robbery offence, or a mixture of that money and money unconnected with the offence (see s (1) (c) and s 12 (1) (Meaning of derived )).

4     A house in relation to which a mortgage is partly or completely discharged using money stolen during the commission of the armed robbery offence, or a mixture of that money and money unconnected with the offence (see s (1) (c) and s 12 (1)).

5     Money or other property received from the sale of the car, jewellery, shares or house mentioned in examples 1 to 4 (see s (1) (c) and s 12 (1)).

6     Other property purchased using the money mentioned in example 5 (see s (1) (c) and s 12 (1)).

7     Money stolen during the commission of the armed robbery offence is deposited in 1 or more accounts with a credit union and later transferred to a bank account that also contains money unconnected with the offence. The money in the bank account to the value of the money stolen during the commission of the offence is tainted property (see s (1)).

8     Money received from the sale of the car, jewellery, shares or house mentioned in examples 1 to 4 is deposited in a credit union account that also contains money unconnected with the armed robbery offence. The money in the account to the value of the money received from the sale of the car, jewellery, shares or house mentioned in examples 1 to 4 is tainted property (see s (1) and s 12 (1)).