Criminal Law Consolidation (Instruments of Crime) Amendment Act 2005 (SA)

South Australia

Criminal Law Consolidation (Instruments of Crime) Amendment Act 2005

An Act to amend the Criminal Law Consolidation Act 1935.

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Criminal Law Consolidation (Instruments of Crime) Amendment Act 2005.

2—Commencement

This Act will come into operation on a day to be fixed by proclamation.

3—Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Criminal Law Consolidation Act 1935

4—Amendment of heading to Part 5 Division 4

Heading to Part 5 Division 4—after "Money laundering" insert:

and dealing in instruments of crime

5—Insertion of section 138A

After section 138 insert:

138A—Dealing in instruments of crime

1. (1)

   A person who deals in property is guilty of an offence if—

   1. (a)

      the person knows that—

      1. (i)

         the property is an instrument of crime; and

      2. (ii)

         the dealing may facilitate the commission of a crime or assist an offender to escape detection or avoid any other consequence of the crime; and

   2. (b)

      the person's conduct is dishonest.

Maximum penalty:

In the case of a natural person—Imprisonment for 20 years.

In the case of a body corporate—$600 000.

1. (2)

   A person who deals in property is guilty of an offence if —

   1. (a)

      the property is an instrument of crime; and

   2. (b)

      the person—

      1. (i)

         ought reasonably to know that it is an instrument of crime; and

      2. (ii)

         is reckless about whether the dealing may facilitate the commission of a crime or assist an offender to escape detection or avoid any other consequence of the crime; and

   3. (c)

      the person's conduct is dishonest.

Maximum penalty:

In the case of a natural person—Imprisonment for 4 years.

In the case of a body corporate—$120 000.

1. (3)

   In this section—

crime means—

1. (a)

   an indictable offence against the law of the State or a corresponding offence against the law of the Commonwealth, another State or a Territory, or a place outside Australia; or

2. (b)

   any of the following offences:

   1. (i)

      a serious drug offence; or

   2. (ii)

      an offence against section 68(3) of the Criminal Law Consolidation Act 1935; or

   3. (iii)

      an offence against section 28(1)(a) of the Summary Offences Act 1953;

instrument of crime means—

1. (a)

   property that has been used or is intended for use for or in connection with the commission of a crime; or

2. (b)

   property into which any such property has been converted;

serious drug offence means—

1. (a)

   an offence against section 32 of the Controlled Substances Act 1984 (other than an offence of a kind described in subsection (6) of that section); or

2. (b)

   a conspiracy to commit, or an attempt to commit, such an offence.