Crimes (Money Laundering) Act 2003 (Vic)

Crimes (Money Laundering) Act 2003

ts	Act No. 104/2003
n
e
m	TABLE OF PROVISIONS

u Section Page

c	1.	Purposes	1
o	2.	Commencement	2
D	3.	New Division 2A inserted in Part I	2
ry	Division 2A—Money Laundering etc.	2
ta	193.	Definitions	2
194.	Dealing with proceeds of crime	4
n	195.	Dealing with property suspected of being proceeds of
e	crime	5
m	195A.	Dealing with property which subsequently becomes an
ia	instrument of crime	5
rl	4.	New section 599 inserted	6

599.        Transitional provision—Crimes (Money Laundering)

a Act 2003 6

P	5.	Consequential amendments to the Confiscation Act 1997	6
d	6.	New section 173 inserted in the Confiscation Act 1997	9

173. Transitional—Crimes (Money Laundering) Act 2003 9

n 7. Amendment of the Surveillance Devices Act 1999 10

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o	ENDNOTES	11
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c
o	Victoria
D
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n	No. 104 of 2003
e
m
ia
rl	Crimes (Money Laundering) Act 2003†
a	[Assented to 9 December 2003]
P
d
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a
n	The Parliament of Victoria enacts as follows:
o
ti
la	1. Purposes
is	The purposes of this Act are—
g
e	(a) to amend the Crimes Act 1958 to insert
L	offences in relation to dealing with proceeds
n	of crime, dealing with property suspected of
a	being proceeds of crime and dealing with
ri	property which subsequently becomes an
to	instrument of crime; and

ic	(b)	to repeal Part 14 of the Confiscation Act
V	1997 and make consequential amendments to that Act; and

Crimes (Money Laundering) Act 2003

s. 2

Act No. 104/2003

(c) to correct a reference in the Surveillance Devices Act 1999.

ts	2. Commencement
n	(1) Subject to sub-section (3), this Act (except
e	section 7) comes into operation on a day to be
m	proclaimed.
u
c	(2) Section 7 comes into operation on the day after
o	the day on which this Act receives the Royal
D	Assent.
ry	(3) If a provision of this Act does not come into
ta	operation before 1 January 2004, it comes into
operation on that day.
n
e	3. New Division 2A inserted in Part I

m	See:	After Division 2 of Part I of the Crimes Act 1958
ia	Act No.
6231.	insert—
rl	Reprint No. 17 as at
a	17 June 2003.	'Division 2A—Money Laundering etc.
P	LawToday:

193. Definitions

d	dpc.vic.
n	gov.au

(1) In this Division—

a

"deal with" includes receive, possess,

n

o	conceal or dispose of;
ti	"instrument of crime" means property that
la	is used in the commission of, or used to
is	facilitate the commission of—
g	(a) an offence referred to in
e	Schedule 1 to the Confiscation
L	Act 1997; or
n
a	(b) an offence against a law of the
ri	Commonwealth that may be dealt
to	with as an indictable offence
ic	(even if it may, in some
circumstances, be dealt with as a
V	summary offence); or Crimes (Money Laundering) Act 2003

s. 3

Act No. 104/2003

(c) an offence against a law of another State, a Territory or a country outside Australia that

ts	would have constituted an offence
n	referred to in paragraph (a) if it
e	had been committed in Victoria;
m
u	"proceeds of crime" means property that is
c	derived or realised, directly or
o	indirectly, by any person from the
D	commission of—

ry	(a)	an offence referred to in
ta	Schedule 1 to the Confiscation
Act 1997; or
n
e	(b)	an offence against a law of the
m	Commonwealth that may be dealt
ia	with as an indictable offence
rl	(even if it may, in some
a	circumstances, be dealt with as a
P	summary offence); or

d	(c) an offence against a law of
n	another State, a Territory or a
a	country outside Australia that
n	would have constituted an offence
o
ti	referred to in paragraph (a) if it
had been committed in Victoria;
la	"property" includes money and all other
is	property real or personal including
g
e	things in action and other intangible
L	property.
n	(2) For the purposes of the definitions of
a	"instrument of crime" and "proceeds of
ri	crime", it is necessary to prove facts that
to	constitute one or more offences referred to in
ic	paragraph (a), (b) or (c) of those definitions
but the particulars of an offence need not be
V	proven.

Crimes (Money Laundering) Act 2003

s. 3

Act No. 104/2003

194. Dealing with proceeds of crime

(1) A person must not deal with proceeds of

ts	crime—
n	(a) knowing that it is proceeds of crime;
e	and
m	(b) intending to conceal that it is proceeds
u
c	of crime.

o	Penalty:	Level 3 imprisonment (20 years
D	maximum).

ry	(2) A person must not deal with proceeds of
ta	crime knowing that it is proceeds of crime.
n	Penalty:  Level 4 imprisonment (15 years
e	maximum).
m
ia	(3) A person must not deal with proceeds of
rl	crime being reckless as to whether or not it is
a	proceeds of crime.
P	Penalty:  Level 5 imprisonment (10 years
d	maximum).
n	(4) A person must not deal with proceeds of
a	crime being negligent as to whether or not it
n	is proceeds of crime.
o
ti	Penalty:  Level 6 imprisonment (5 years
la	maximum).
is	(5) It is a defence to a prosecution for an offence
g	under this section if the accused satisfies the
e	court that the accused dealt with the property
L	in order to assist the enforcement of a law of
n	the Commonwealth, a State or a Territory.
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Crimes (Money Laundering) Act 2003

s. 3

Act No. 104/2003

195.  Dealing with property suspected of being proceeds of crime

ts	A person who deals with property if there are
n	reasonable grounds to suspect that the
e	property is proceeds of crime is guilty of a
m	summary offence and liable to level 7
u	imprisonment (2 years maximum).
c	195A. Dealing with property which subsequently
o	becomes an instrument of crime
D

(1) A person is guilty of an offence and liable to

ry	level 4 imprisonment (15 years maximum)
ta	if—
n	(a) the person deals with property
e	intending that the property will become
m	an instrument of crime; and
ia

rl	(b)	the property subsequently becomes an
a	instrument of crime.

P	(2) A person is guilty of an offence and liable to
d	level 5 imprisonment (10 years maximum)
n	if—
a

(a) the person deals with property being

n	reckless as to whether or not the
o
ti	property will become an instrument of
la	crime; and

is	(b)	the property subsequently becomes an
g	instrument of crime.

e	(3) A person is guilty of an offence and liable to
L	level 6 imprisonment (5 years maximum)
n	if—
a

ri	(a)	the person deals with property being
to	negligent as to whether or not the
property will become an instrument of
ic	crime; and
V

Crimes (Money Laundering) Act 2003

s. 4

Act No. 104/2003

(b) the property subsequently becomes an instrument of crime.

ts	(4) A prosecution for an offence under this
n	section must not be commenced without the
e	consent of the Director of Public
m	Prosecutions.
u	(5) It is a defence to a prosecution for an offence
c	under this section if the accused satisfies the
o	court that the accused dealt with the property
D	in order to assist the enforcement of a law of
ry	the Commonwealth, a State or a Territory.'.
ta	4. New section 599 inserted
n	At the end of Part VII of the Crimes Act 1958
e	insert—
m
ia	"599. Transitional provision—Crimes (Money
rl	Laundering) Act 2003
a	(1) The amendments of this Act made by the
P	Crimes (Money Laundering) Act 2003
d	apply only to offences alleged to have been
n	committed on or after the commencement of
a	section 3 of that Act.
n	(2) For the purposes of sub-section (1), if an
o
ti	offence is alleged to have been committed
la	between two dates, one before and one after
the commencement of section 3 of the
is	Crimes (Money Laundering) Act 2003, the
g	offence is alleged to have been committed
e
L	before that commencement.".
n	5. Consequential amendments to the Confiscation Act
a
ri

1997

(1) Part 14 of the Confiscation Act 1997 is repealed.

to	(2) In section 3 of the Confiscation Act 1997, in the
ic	definitions of "automatic forfeiture offence",
V	"civil forfeiture offence" and "forfeiture offence", for "11, 13 and 14" substitute "11 and 13". Crimes (Money Laundering) Act 2003

s. 5

Act No. 104/2003

(3) In section 3 of the Confiscation Act 1997, in the

definition of "tainted property", for paragraphs (d)

ts	and (e) substitute—
n	"(d) in the case of an offence against section 194
e	of the Crimes Act 1958, is proceeds of
m	crime within the meaning of section 193 of
u	that Act; or
c	(e) in the case of an offence against section 195
o	of the Crimes Act 1958, is referred to in that
D	section; or
ry	(f) in the case of an offence against section
ta	195A of the Crimes Act 1958, becomes an
n	instrument of crime within the meaning of
e	section 193 of that Act;".
m	(4) For section 19E(b) of the Confiscation Act 1997
ia
rl	substitute—
a	"(b) any proceeding under this Act—".
P	(5) In section 31M of the Confiscation Act 1997—
d	(a) for the heading to the section substitute—
n
a	"Freezing order to be disregarded for
n	certain purposes";
o
ti	(b) for "section 122 (money laundering)"

substitute "section 194 or 195A of the

la	Crimes Act 1958".
is	(6) In section 116(4) of the Confiscation Act 1997,
g
e	for "section 122 (money laundering)" substitute
L	"section 194 or 195A of the Crimes Act 1958".
n	(7) In section 118D(1) of the Confiscation Act 1997
a
ri	omit ", other than criminal proceedings in relation
to an offence against section 122 or 123".
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Crimes (Money Laundering) Act 2003

s. 5

Act No. 104/2003

(8) In section 118M of the Confiscation Act 1997—

(a) for the heading to the section substitute—

ts	"Giving of information notice to be
n	disregarded for certain purposes";
e

(b) for "section 122 (money laundering)"

m

u	substitute "section 194 or 195A of the
c	Crimes Act 1958".
o	(9) In item 18 of Schedule 1 to the Confiscation Act
D	1997, after "proceeds of crime)" insert ", as in
ry	force immediately before its repeal by section 5(1)
ta	of the Crimes (Money Laundering) Act 2003".
n	(10) After item 18 of Schedule 1 to the Confiscation
e	Act 1997 insert—
m	"19. An offence against section 195 of the Crimes Act
ia	1958.".
rl	(11) At the end of item 3 of Schedule 2 to the
a	Confiscation Act 1997 insert ", as in force
P	immediately before its repeal by section 5(1) of
d	the Crimes (Money Laundering) Act 2003".
n
a	(12) After item 3 of Schedule 2 to the Confiscation

Act 1997 insert—

n

o	"3A.	An offence against section 194(1), (2) or (3) of the
ti	Crimes Act 1958 where the property dealt with is
la	proceeds of an offence committed in the circumstances referred to in item 1, 1A, 2, 2A, 2B,
is	2C, 8 or 9 and—

g	(a) only one offence against section 194(1), (2) or
e	(3) of the Crimes Act 1958 is charged and the
L	value of the property dealt with is $50 000 or
n	more; or
a
ri	(b) more than one offence against section 194(1),

(2) or (3) of the Crimes Act 1958 is charged

to	and the offences are founded on the same facts
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Crimes (Money Laundering) Act 2003

s. 6

Act No. 104/2003

6. New section 173 inserted in the Confiscation Act 1997

ts	After section 172 of the Confiscation Act 1997
n	insert—
e	'173. Transitional—Crimes (Money
m	Laundering) Act 2003
u
c	(1) The definition of "tainted property" in
o	section 3 of this Act as amended by
D	section 5(3) of the Crimes (Money Laundering) Act 2003, in so far as it relates
ry	to an offence under section 194, 195 or 195A
ta	of the Crimes Act 1958, applies only with
n	respect to offences alleged to have been
e	committed on or after the commencement of
m	section 5(3) of the Crimes (Money
ia	Laundering) Act 2003.
rl	(2) The amendment of section 31M of this Act
a	made by section 5(5) of the Crimes (Money
P	Laundering) Act 2003 applies only to
d	freezing orders notice of which is given to a
n	financial institution on or after the
a	commencement of section 5(5) of that Act.
n	(3) The amendment of section 116(4) of this Act
o
ti	made by section 5(6) of the Crimes (Money
la	Laundering) Act 2003 applies only to monitoring orders notice of which is given to
is	a financial institution on or after the
g
e	commencement of section 5(6) of that Act.
L	(4) The amendment of section 118M of this Act
n	made by section 5(8) of the Crimes (Money
a	Laundering) Act 2003 applies only to an
ri	information notice given to a financial
to	institution on or after the commencement of
ic	section 5(8) of that Act.
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Crimes (Money Laundering) Act 2003

s. 7

Act No. 104/2003

(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

ts	alleged to have been committed before the
n	commencement of section 5(1) of the
e	Crimes (Money Laundering) Act 2003.
m
u	(6) For the purposes of this section, if an offence
c	is alleged to have been committed between
o	two dates, one before and one after the
D	commencement of section 5(1) of the
ry	offence is alleged to have been committed
Crimes (Money Laundering) Act 2003, the
ta	before that commencement.'.
n	7. Amendment of the Surveillance Devices Act 1999
e
m	In section 3(1) of the Surveillance Devices Act
ia	1999, in paragraph (b) of the definition of "chief
rl	law enforcement officer", for "National Crime
a	Authority" substitute "Australian Crime
P	Commission".
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Crimes (Money Laundering) Act 2003

Endnotes

Act No. 104/2003

ENDNOTES

ts †

Minister's second reading speech—

n	Legislative Assembly: 6 November 2003
e
Legislative Council: 27 November 2003
m
u	The long title for the Bill for this Act was "to amend the Crimes Act
c	1958, the Confiscation Act 1997 and the Surveillance Devices Act 1999
o	and for other purposes."
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