Commonwealth Numbered Acts

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PROCEEDS OF CRIME ACT 2002 No. 85, 2002 - SECT 329

Meaning of proceeds and instrument

(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.

(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.

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