Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) In this Act, unless the contrary intention appears –
"account" means a facility or arrangement through which a financial institution accepts deposits or allows withdrawals, including a facility or arrangement for –(a) a fixed term deposit; or
(b) a safety deposit box;
"agent" includes, if the agent is a corporation, the officers and agents of the corporation;
"authorized officer" means –(a) in any case– the Director of Public Prosecutions or an Australian legal practitioner, acting on behalf of the Director of Public Prosecutions; or
(b) in relation to a function exercised before or in relation to a court of summary jurisdiction – the Commissioner or a police officer;
"benefit" includes service or advantage;
"commencement day" means the day proclaimed under section 2;
"commercial benefit" means –(a) a benefit obtained from the publication or prospective publication of material in relation to the commission of an offence; or
(b) a benefit obtained from the commercial exploitation in any other way of notoriety gained by any person from the commission of an offence;
"Commissioner" means the Commissioner of Police;
"confiscation order" means a forfeiture order or a pecuniary penalty order;
"corresponding law" means a law of another State that is declared by the regulations to be a law that corresponds to this Act;
"court of summary jurisdiction" means a court constituted by a magistrate;
"Crime (Confiscation of Profits) Account" means the account of that name established under section 79;
"director", in relation to a financial institution or corporation, includes –(a) if the institution or corporation is a body corporate incorporated for a public purpose under a law of Tasmania, another State or the Commonwealth – a constituent member of the body corporate; and
(b) any person occupying or acting in the position of director of the institution or corporation, by whatever name called and whether or not validly appointed to occupy or duly authorized to act in the position; and
(c) any person in accordance with whose directions or instructions the directors of the institution or corporation are accustomed to act;
"encumbrance", in relation to property, includes an interest or a mortgage, charge, right, claim or demand in respect of the property;
"executive officer", in relation to a financial institution or corporation, means a person, by whatever name called and whether or not the person is a director of the institution or corporation, who is concerned with or takes part in the management of the institution or corporation;
"facsimile copy" means a copy obtained by facsimile transmission;
"financial institution" means –(a) the Reserve Bank of Australia; or
(b) an authorised deposit-taking institution; or
(d) a body corporate that is, or had it been incorporated in Australia would be, a financial corporation within the meaning of section 51 (xx) of the Constitution of the Commonwealth;
"fixed term deposit" means an interest bearing deposit lodged for a fixed period;
"forfeiture order" means an order under section 16(1);
"instrument of crime" means property that is used in the commission of, in connection with, or to facilitate the commission of, a serious offence;
"interest", in relation to property, means –whether present or future and whether vested or contingent;(a) a legal or equitable estate or interest in the property; or
(b) a right, power or privilege over, or in connection with, the property –
"interstate forfeiture order" means an order that is made under a corresponding law and is of a kind declared by the regulations to be within this definition;
"interstate pecuniary penalty order" means an order that is made under a corresponding law and is of a kind declared by the regulations to be within this definition;
"interstate restraining order" means an order that is made under a corresponding law and is of a kind declared by the regulations to be within this definition;
"interstate serious offence" means an offence against a law of another State in relation to which an interstate forfeiture order or interstate pecuniary penalty order may be made under a corresponding law of that State;
"monitoring order" means an order under section 56(1);
"oath" means oath or affirmation;
"offence" means an offence against a law of Tasmania;
"officer" means a director, secretary, executive officer or employee;
"pecuniary penalty order" means an order under section 21(1);
"penalty amount" means –(a) in relation to a forfeiture order made against a person – the amount specified in relation to the forfeiture order under section 16(4); or
(b) in relation to a pecuniary penalty order made against a person – the amount that the person is, under the pecuniary penalty order, liable to pay to the State;
"premises" includes –(a) land, whether or not covered by buildings; and
(b) any structure, whether or not attached to land; and
(c) a means of transport;
"proceeds", in relation to an offence, means property that is derived or realized, directly or indirectly, by any person from the commission of the offence;
"proceeds of crime" means proceeds of a serious offence;
"production order" means an order under section 49(5);
"property" means real or personal property of every description, wherever situated and whether tangible or intangible, including an interest in such property;
"property-tracking document", in relation to an offence, means a document relevant to –(a) identifying, locating or quantifying the property of the person who committed the offence; or
(b) identifying or locating a document necessary for the transfer of the property of the person who committed the offence; or
(c) identifying, locating or quantifying tainted property in relation to the offence; or
(d) identifying or locating a document necessary for the transfer of tainted property in relation to the offence;
"Public Trustee" means The Public Trustee;
"regulations" means regulations made and in force under this Act;
"relevant application period", in relation to a person's conviction of a serious offence, means –(a) in the case of a person who is taken to have been convicted of the offence by reason of section 5(1)(a) – the period of 6 months immediately following the day on which the person was convicted of the offence; or
(b) in the case of a person who is taken to have been convicted of the offence by reason of section 5(1)(b) – the period of 6 months immediately following the day on which the person was discharged without conviction; or
(c) in the case of a person who is taken to have been convicted of the offence by reason of section 5(1)(c) – the period of 6 months immediately following the day on which the court took the offence into account in passing sentence for the other offence referred to in that section; or
(d) in the case of a person who is taken to have been convicted of the offence by reason of section 5(1)(d) – the period of 6 months immediately following the day on which the person is to be taken to have absconded in connection with the offence;
"restraining order" means an order under section 26(2);
"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;
"State" –(a) when used other than in a geographical sense – means the Crown in right of Tasmania; and
(b) when used in a geographical sense – includes the Australian Capital Territory and the Northern Territory;
"tainted property", in relation to an offence, means –and when used without reference to a particular offence means tainted property in relation to a serious offence;(a) an instrument of crime; or
(b) proceeds of the offence; or
(c) property that constitutes a commercial benefit in relation to the offence –
"telephone" includes radio;
"unlawful activity" means an act or omission that constitutes an offence against a law of –(a) Tasmania; or
(b) another State; or
(c) the Commonwealth.
(2) For the purposes of this Act, a person is taken to have been charged with an offence if a complaint has been made against the person for the offence, whether or not –
(a) a summons to require the attendance of the person to answer the complaint has been issued; or
(b) a warrant for the apprehension of the person has been issued.
(3) A reference in this Act to a benefit derived by a person includes a reference to –
(a) a benefit derived directly or indirectly by that person; and
(b) a benefit derived directly or indirectly by another person at the request or direction of that person.
(4) A reference in this Act to acquiring property, or an interest in property, for sufficient consideration is a reference to acquiring the property or the interest for a consideration that is sufficient and, having regard solely to commercial considerations, reflects the value of the property or the interest.
(5) For the purposes of this Act, a person is not taken to be a director within the meaning of paragraph (c) of the definition of "director" in subsection (1) by reason only that the directors act on advice given by that person in the proper performance of the functions attaching to his or her professional capacity or to his or her business relationship with the directors of the financial institution or corporation.