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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Crimes (Money Laundering) Act 2003
Victorian Legislation and Parliamentary Documents
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purposes 1
2. Commencement 2
3. New Division 2A inserted in Part I 2
Division 2A--Money Laundering etc. 2
193. Definitions 2
194. Dealing with proceeds of crime 4
195. Dealing with property suspected of being proceeds of
crime 5
195A. Dealing with property which subsequently becomes an
instrument of crime 5
4. New section 599 inserted 6
599. Transitional provision--Crimes (Money Laundering)
6
Act 2003
5. Consequential amendments to the Confiscation Act 1997 7
6. New section 173 inserted in the Confiscation Act 1997 9
173. Transitional--Crimes (Money Laundering) Act 2003 9
7. Amendment of the Surveillance Devices Act 1999 10
ENDNOTES 11
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PARLIAMENT OF VICTORIA
Initiated in Assembly 5 November 2003
Victorian Legislation and Parliamentary Documents
A BILL
to amend the Crimes Act 1958, the Confiscation Act 1997 and the
Surveillance Devices Act 1999 and for other purposes.
Crimes (Money Laundering) Act 2003
The Parliament of Victoria enacts as follows:
1. Purposes
The purposes of this Act are--
(a) to amend the Crimes Act 1958 to insert
offences in relation to dealing with proceeds
5 of crime, dealing with property suspected of
being proceeds of crime and dealing with
property which subsequently becomes an
instrument of crime; and
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Crimes (Money Laundering) Act 2003
s. 2
Act No.
(b) to repeal Part 14 of the Confiscation Act
1997 and make consequential amendments to
that Act; and
Victorian Legislation and Parliamentary Documents
(c) to correct a reference in the Surveillance
5 Devices Act 1999.
2. Commencement
(1) Subject to sub-section (3), this Act (except
section 7) comes into operation on a day to be
proclaimed.
10 (2) Section 7 comes into operation on the day after
the day on which this Act receives the Royal
Assent.
(3) If a provision of this Act does not come into
operation before 1 January 2004, it comes into
15 operation on that day.
3. New Division 2A inserted in Part I
See: After Division 2 of Part I of the Crimes Act 1958
Act No.
insert--
6231.
Reprint No. 17
as at
'Division 2A--Money Laundering etc.
17 June 2003.
LawToday:
20 www.dms.
193. Definitions
dpc.vic.
gov.au
(1) In this Division--
"deal with" includes receive, possess,
conceal or dispose of;
"instrument of crime" means property that
25 is used in the commission of, or used to
facilitate the commission of--
(a) an offence referred to in
Schedule 1 to the Confiscation
Act 1997; or
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s. 3
Act No.
(b) an offence against a law of the
Commonwealth that may be dealt
with as an indictable offence
Victorian Legislation and Parliamentary Documents
(even if it may, in some
5 circumstances, be dealt with as a
summary offence); or
(c) an offence against a law of
another State, a Territory or a
country outside Australia that
10 would have constituted an offence
referred to in paragraph (a) if it
had been committed in Victoria;
"proceeds of crime" means property that is
derived or realised, directly or
15 indirectly, by any person from the
commission of--
(a) an offence referred to in
Schedule 1 to the Confiscation
Act 1997; or
20 (b) an offence against a law of the
Commonwealth that may be dealt
with as an indictable offence
(even if it may, in some
circumstances, be dealt with as a
25 summary offence); or
(c) an offence against a law of
another State, a Territory or a
country outside Australia that
would have constituted an offence
30 referred to in paragraph (a) if it
had been committed in Victoria;
"property" includes money and all other
property real or personal including
things in action and other intangible
35 property.
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Act No.
(2) For the purposes of the definitions of
"instrument of crime" and "proceeds of
crime", it is necessary to prove facts that
Victorian Legislation and Parliamentary Documents
constitute one or more offences referred to in
5 paragraph (a), (b) or (c) of those definitions
but the particulars of an offence need not be
proven.
194. Dealing with proceeds of crime
(1) A person must not deal with proceeds of
10 crime--
(a) knowing that it is proceeds of crime;
and
(b) intending to conceal that it is proceeds
of crime.
15 Penalty: Level 3 imprisonment (20 years
maximum).
(2) A person must not deal with proceeds of
crime knowing that it is proceeds of crime.
Penalty: Level 4 imprisonment (15 years
20 maximum).
(3) A person must not deal with proceeds of
crime being reckless as to whether or not it is
proceeds of crime.
Penalty: Level 5 imprisonment (10 years
25 maximum).
(4) A person must not deal with proceeds of
crime being negligent as to whether or not it
is proceeds of crime.
Penalty: Level 6 imprisonment (5 years
30 maximum).
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Crimes (Money Laundering) Act 2003
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Act No.
(5) It is a defence to a prosecution for an offence
under this section if the accused satisfies the
court that the accused dealt with the property
Victorian Legislation and Parliamentary Documents
in order to assist the enforcement of a law of
5 the Commonwealth, a State or a Territory.
195. Dealing with property suspected of being
proceeds of crime
A person who deals with property if there are
reasonable grounds to suspect that the
10 property is proceeds of crime is guilty of a
summary offence and liable to level 7
imprisonment (2 years maximum).
195A. Dealing with property which subsequently
becomes an instrument of crime
15 (1) A person is guilty of an offence and liable to
level 4 imprisonment (15 years maximum)
if--
(a) the person deals with property
intending that the property will become
20 an instrument of crime; and
(b) the property subsequently becomes an
instrument of crime.
(2) A person is guilty of an offence and liable to
level 5 imprisonment (10 years maximum)
25 if--
(a) the person deals with property being
reckless as to whether or not the
property will become an instrument of
crime; and
30 (b) the property subsequently becomes an
instrument of crime.
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(3) A person is guilty of an offence and liable to
level 6 imprisonment (5 years maximum)
if--
Victorian Legislation and Parliamentary Documents
(a) the person deals with property being
5 negligent as to whether or not the
property will become an instrument of
crime; and
(b) the property subsequently becomes an
instrument of crime.
10 (4) A prosecution for an offence under this
section must not be commenced without the
consent of the Director of Public
Prosecutions.
(5) It is a defence to a prosecution for an offence
15 under this section if the accused satisfies the
court that the accused dealt with the property
in order to assist the enforcement of a law of
the Commonwealth, a State or a Territory.'.
4. New section 599 inserted
20 At the end of Part VII of the Crimes Act 1958
insert--
"599. Transitional provision--Crimes (Money
Laundering) Act 2003
(1) The amendments of this Act made by the
25 Crimes (Money Laundering) Act 2003
apply only to offences alleged to have been
committed on or after the commencement of
section 3 of that Act.
(2) For the purposes of sub-section (1), if an
30 offence is alleged to have been committed
between two dates, one before and one after
the commencement of section 3 of the
Crimes (Money Laundering) Act 2003, the
offence is alleged to have been committed
35 before that commencement.".
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5. Consequential amendments to the Confiscation Act
1997
Victorian Legislation and Parliamentary Documents
(1) Part 14 of the Confiscation Act 1997 is repealed.
(2) In section 3 of the Confiscation Act 1997, in the
5 definitions of "automatic forfeiture offence",
"civil forfeiture offence" and "forfeiture offence",
for "11, 13 and 14" substitute "11 and 13".
(3) In section 3 of the Confiscation Act 1997, in the
definition of "tainted property", for paragraphs (d)
10 and (e) substitute--
"(d) in the case of an offence against section 194
of the Crimes Act 1958, is proceeds of
crime within the meaning of section 193 of
that Act; or
15 (e) in the case of an offence against section 195
of the Crimes Act 1958, is referred to in that
section; or
(f) in the case of an offence against section
195A of the Crimes Act 1958, becomes an
20 instrument of crime within the meaning of
section 193 of that Act;".
(4) For section 19E(b) of the Confiscation Act 1997
substitute--
"(b) any proceeding under this Act--".
25 (5) In section 31M of the Confiscation Act 1997--
(a) for the heading to the section substitute--
"Freezing order to be disregarded for
certain purposes";
(b) for "section 122 (money laundering)"
30 substitute "section 194 or 195A of the
Crimes Act 1958".
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(6) In section 116(4) of the Confiscation Act 1997,
for "section 122 (money laundering)" substitute
"section 194 or 195A of the Crimes Act 1958".
Victorian Legislation and Parliamentary Documents
(7) In section 118D(1) of the Confiscation Act 1997
5 omit ", other than criminal proceedings in relation
to an offence against section 122 or 123".
(8) In section 118M of the Confiscation Act 1997--
(a) for the heading to the section substitute--
"Giving of information notice to be
10 disregarded for certain purposes";
(b) for "section 122 (money laundering)"
substitute "section 194 or 195A of the
Crimes Act 1958".
(9) In item 18 of Schedule 1 to the Confiscation Act
15 1997, after "proceeds of crime)" insert ", as in
force immediately before its repeal by section 5(1)
of the Crimes (Money Laundering) Act 2003".
(10) After item 18 of Schedule 1 to the Confiscation
Act 1997 insert--
20 "19. An offence against section 195 of the Crimes Act
1958.".
(11) At the end of item 3 of Schedule 2 to the
Confiscation Act 1997 insert ", as in force
immediately before its repeal by section 5(1) of
25 the Crimes (Money Laundering) Act 2003".
(12) After item 3 of Schedule 2 to the Confiscation
Act 1997 insert--
"3A. An offence against section 194(1), (2) or (3) of the
Crimes Act 1958 where the property dealt with is
30 proceeds of an offence committed in the
circumstances referred to in item 1, 1A, 2, 2A, 2B,
2C, 8 or 9 and--
(a) only one offence against section 194(1), (2) or
(3) of the Crimes Act 1958 is charged and the
35 value of the property dealt with is $50 000 or
more; or
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(b) more than one offence against section 194(1),
(2) or (3) of the Crimes Act 1958 is charged
and the offences are founded on the same facts
Victorian Legislation and Parliamentary Documents
or form or are part of a series of offences of the
5 same or similar character and the value of the
property dealt with is $75 000 or more.".
6. New section 173 inserted in the Confiscation Act
1997
After section 172 of the Confiscation Act 1997
10 insert--
'173. Transitional--Crimes (Money
Laundering) Act 2003
(1) The definition of "tainted property" in
section 3 of this Act as amended by
15 section 5(3) of the Crimes (Money
Laundering) Act 2003, in so far as it relates
to an offence under section 194, 195 or 195A
of the Crimes Act 1958, applies only with
respect to offences alleged to have been
20 committed on or after the commencement of
section 5(3) of the Crimes (Money
Laundering) Act 2003.
(2) The amendment of section 31M of this Act
made by section 5(5) of the Crimes (Money
25 Laundering) Act 2003 applies only to
freezing orders notice of which is given to a
financial institution on or after the
commencement of section 5(5) of that Act.
(3) The amendment of section 116(4) of this Act
30 made by section 5(6) of the Crimes (Money
Laundering) Act 2003 applies only to
monitoring orders notice of which is given to
a financial institution on or after the
commencement of section 5(6) of that Act.
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(4) The amendment of section 118M of this Act
made by section 5(8) of the Crimes (Money
Laundering) Act 2003 applies only to an
Victorian Legislation and Parliamentary Documents
information notice given to a financial
5 institution on or after the commencement of
section 5(8) of that Act.
(5) Item 18 of Schedule 1 and item 3 of
Schedule 2 continue to apply in respect of
any offence referred to in the item which is
10 alleged to have been committed before the
commencement of section 5(1) of the
Crimes (Money Laundering) Act 2003.
(6) For the purposes of this section, if an offence
is alleged to have been committed between
15 two dates, one before and one after the
commencement of section 5(1) of the
Crimes (Money Laundering) Act 2003, the
offence is alleged to have been committed
before that commencement.'.
20 7. Amendment of the Surveillance Devices Act 1999
In section 3(1) of the Surveillance Devices Act
1999, in paragraph (b) of the definition of "chief
law enforcement officer", for "National Crime
Authority" substitute "Australian Crime
25 Commission".
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Crimes (Money Laundering) Act 2003
Endnotes
Act No.
ENDNOTES
Victorian Legislation and Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
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