Victorian Consolidated Legislation

Crimes Act 1958 - SECT 193

Definitions

193. Definitions



(1) In this Division-

deal with includes receive, possess, conceal or dispose of; instrument of
crime means property that 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

   (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 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 referred to
        in paragraph (a) if it had been committed in Victoria; proceeds of
        crime means property that is derived or realised, directly or
        indirectly, by any person from the commission of-

   (a)  an offence referred to in Schedule 1 to the Confiscation Act 1997; or

   (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 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 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 property.

(2) For the purposes of the definitions of instrument of crime and proceeds of
crime, it is necessary to prove facts that constitute one or more offences
referred to in paragraph (a), (b) or (c) of those definitions but the
particulars of an offence need not be proven.