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PROCEEDS OF CRIME ACT 1987 No. 87, 1987 - SECT 83 Organised fraud

PROCEEDS OF CRIME ACT 1987 No. 87, 1987 - SECT 83

Organised fraud
83. (1) A person who engages in organised fraud is guilty of an offence
against this section punishable, upon conviction, by:

   (a)  if the offender is a natural person-a fine not exceeding $250,000 or
        imprisonment for a period not exceeding 25 years, or both; or

   (b)  if the offender is a body corporate-a fine not exceeding $750,000.

(2) A person shall be taken to engage in organised fraud if, and only if, he
or she engages, after the commencement of this Act, in acts or omissions:

   (a)  that constitute 3 or more public fraud offences; and

   (b)  from which the person derives substantial benefit.

(3) Where a person is charged with an offence against subsection (1) in
relation to a number of public fraud offences and the jury is not satisfied
that the person is guilty of the offence against subsection (1) but is
satisfied that the person is guilty of one or more of the public fraud
offences, the jury shall acquit the person of the offence against subsection
(1) and may find the person guilty of that public fraud offence or those
public fraud offences and the person is punishable accordingly.

(4) In this section:

"public fraud offence" means an offence under any of the following provisions:

   (a)  sections 29D and 86A of the Crimes Act;

   (b)  sections 5, 6, 7 and 8 of the Crimes (Taxation Offences) Act 1980.