Crimes (Money Laundering) Act 2003

Victorian Legislation and Parliamentary Documents i Crimes (Money Laundering) Act 2003 Act No. 104/2003 TABLE OF PROVISIONS Section 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) Act 2003 6 5. Consequential amendments to the Confiscation Act 1997 6 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 -- 1 of 12 -- Victorian Legislation and Parliamentary Documents 1 Crimes (Money Laundering) Act 2003† [Assented to 9 December 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 of crime, dealing with property suspected of being proceeds of crime and dealing with property which subsequently becomes an instrument of crime; and (b) to repeal Part 14 of the Confiscation Act 1997 and make consequential amendments to that Act; and Victoria No. 104 of 2003 -- 2 of 12 -- Victorian Legislation and Parliamentary Documents Act No. 104/2003 Crimes (Money Laundering) Act 2003 2 (c) to correct a reference in the Surveillance 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. (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 operation on that day. 3. New Division 2A inserted in Part I After Division 2 of Part I of the Crimes Act 1958 insert— 'Division 2A—Money Laundering etc. 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 s. 2 See: Act No. 6231. Reprint No. 17 as at 17 June 2003. LawToday: www.dms. dpc.vic. gov.au -- 3 of 12 -- Victorian Legislation and Parliamentary Documents Act No. 104/2003 Crimes (Money Laundering) Act 2003 3 (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. s. 3 -- 4 of 12 -- Victorian Legislation and Parliamentary Documents Act No. 104/2003 Crimes (Money Laundering) Act 2003 4 194. Dealing with proceeds of crime (1) A person must not deal with proceeds of crime— (a) knowing that it is proceeds of crime; and (b) intending to conceal that it is proceeds of crime. 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 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 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 maximum). (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 in order to assist the enforcement of a law of the Commonwealth, a State or a Territory. s. 3 -- 5 of 12 -- Victorian Legislation and Parliamentary Documents Act No. 104/2003 Crimes (Money Laundering) Act 2003 5 195. Dealing with property suspected of being proceeds of crime A person who deals with property if there are reasonable grounds to suspect that the 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 (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 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) if— (a) the person deals with property being reckless as to whether or not the property will become an instrument of crime; and (b) the property subsequently becomes an instrument of crime. (3) A person is guilty of an offence and liable to level 6 imprisonment (5 years maximum) if— (a) the person deals with property being negligent as to whether or not the property will become an instrument of crime; and s. 3 -- 6 of 12 -- Victorian Legislation and Parliamentary Documents Act No. 104/2003 Crimes (Money Laundering) Act 2003 6 (b) the property subsequently becomes an instrument of crime. (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 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 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 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 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 before that commencement.". 5. Consequential amendments to the Confiscation Act 1997 (1) Part 14 of the Confiscation Act 1997 is repealed. (2) In section 3 of the Confiscation Act 1997, in the definitions of "automatic forfeiture offence", "civil forfeiture offence" and "forfeiture offence", for "11, 13 and 14" substitute "11 and 13". s. 4 -- 7 of 12 -- Victorian Legislation and Parliamentary Documents Act No. 104/2003 Crimes (Money Laundering) Act 2003 7 (3) In section 3 of the Confiscation Act 1997, in the definition of "tainted property", for paragraphs (d) 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 (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 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—". (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)" substitute "section 194 or 195A of the Crimes Act 1958". (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". (7) In section 118D(1) of the Confiscation Act 1997 omit ", other than criminal proceedings in relation to an offence against section 122 or 123". s. 5 -- 8 of 12 -- Victorian Legislation and Parliamentary Documents Act No. 104/2003 Crimes (Money Laundering) Act 2003 8 (8) In section 118M of the Confiscation Act 1997— (a) for the heading to the section substitute— "Giving of information notice to be 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 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— "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 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 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 value of the property dealt with is $50 000 or more; or (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 or form or are part of a series of offences of the same or similar character and the value of the property dealt with is $75 000 or more.". s. 5 -- 9 of 12 -- Victorian Legislation and Parliamentary Documents Act No. 104/2003 Crimes (Money Laundering) Act 2003 9 6. New section 173 inserted in the Confiscation Act 1997 After section 172 of the Confiscation Act 1997 insert— '173. Transitional—Crimes (Money Laundering) Act 2003 (1) The definition of "tainted property" in section 3 of this Act as amended by 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 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 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 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. (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 information notice given to a financial institution on or after the commencement of section 5(8) of that Act. s. 6 -- 10 of 12 -- Victorian Legislation and Parliamentary Documents Act No. 104/2003 Crimes (Money Laundering) Act 2003 10 (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 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 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.'. 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 Commission". ═══════════════ s. 7 -- 11 of 12 -- Victorian Legislation and Parliamentary Documents Act No. 104/2003 Crimes (Money Laundering) Act 2003 11 ENDNOTES † Minister's second reading speech— Legislative Assembly: 6 November 2003 Legislative Council: 27 November 2003 The long title for the Bill for this Act was "to amend the Crimes Act 1958, the Confiscation Act 1997 and the Surveillance Devices Act 1999 and for other purposes." Endnotes -- 12 of 12 --