Commonwealth Consolidated Acts

PROCEEDS OF CRIME ACT 2002 - SECT 329

             (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.