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TASMANIA
__________
CRIME (CONFISCATION OF PROFITS)
AMENDMENT BILL 2007
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 4 amended (Interpretation)
5. Section 7 substituted
7. Meaning of "dealing with property or proceeds"
6. Part 6A inserted
PART 6A Money laundering
66A. Dealing with proceeds of crime
66B. Dealing with property suspected of being proceeds
of crime
66C. Dealing with property which subsequently becomes
an instrument of crime
66D. Alternative verdicts
66E. Proof of other offences not required
66F. Transitional provision
7. Section 67 repealed
8. Section 68 amended (Prosecution of offences)
[Bill 47]-I
2
CRIME (CONFISCATION OF PROFITS)
AMENDMENT BILL 2007
(Brought in by the Minister for Justice and Workplace
Relations, the Honourable Steven Kons)
A BILL FOR
An Act to amend the Crime (Confiscation of Profits) Act
1993
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.
*No. 20 of 1993
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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
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Crime (Confiscation of Profits) Amendment Act 2007
Act No. of
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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
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Crime (Confiscation of Profits) Amendment Act 2007
Act No. of
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(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.
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Crime (Confiscation of Profits) Amendment Act 2007
Act No. of
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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.
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Crime (Confiscation of Profits) Amendment Act 2007
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(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
or indirectly, 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
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(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
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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
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charged, but is satisfied that the
defendant is guilty of an offence under
section 66C(2) or (3), 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.
(5) If, on the trial of a person for an offence
under section 66C(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 66C(3), 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.
66E. Proof of other offences not required
(1) To avoid doubt, it is not necessary, in
order to prove for the purposes of an
offence under this Part that property is
proceeds of crime, to establish that
(a) a particular offence was
committed in relation to the
property; or
(b) a particular person committed an
offence in relation to the
property.
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(2) To avoid doubt, it is not necessary, in
order to prove for the purposes of an
offence under this Part that property will
become an instrument of crime, to
establish
(a) an intention or risk that a
particular offence will be
committed in relation to the
property; or
(b) an intention or risk that a
particular person will commit an
offence in relation to the
property.
66F. Transitional provision
This Part applies to or in respect of acts
or omissions in relation to proceeds of
crime arising from serious offences
committed before or after the
commencement of this Part.
7. Section 67 repealed
Section 67 of the Principal Act is repealed.
8. Section 68 amended (Prosecution of offences)
Section 68(1) of the Principal Act is amended by
inserting "66A, 66B, 66C," after "57,".
12 Government Printer, Tasmania