Proceeds of Crime Act 2002

S 330(1) substituted by No 21 of 2018, s 3 and Sch 1 item 6, applicable after 29 March 2018 in relation to:

(a) property that is wholly or partly derived or realised from a disposal or other dealing, before or after 29 March 2018, with property that is proceeds or an instrument of an offence (within the meaning of the Proceeds of Crime Act 2002 as amended by those items); and

(b) property that is wholly or partly acquired, before or after 29 March 2018, using property that is proceeds or an instrument of an offence (within the meaning of that Act as amended by those items); and

(c) property for which an encumbrance, security or liability is wholly or partly discharged, before or after 29 March 2018, using property that is proceeds or an instrument of an offence (within the meaning of that Act as amended by those items); and

(d) property for which the costs of wholly or partly retaining, maintaining or improving are met, before or after 29 March 2018, using property that is proceeds or an instrument of an offence (within the meaning of that Act as amended by those items); and

(e) property that is improved, before or after 29 March 2018, using proceeds or an instrument of an offence (within the meaning of that Act as amended by those items).

S 330(1) formerly read:

330(1)
Property becomes * proceeds of an offence if it is:

(a) wholly or partly derived or realised from a disposal or other dealing with proceeds of the offence; or

(b) wholly or partly acquired using proceeds of the offence;

including because of a previous application of this section.

S 330(2) substituted by No 21 of 2018, s 3 and Sch 1 item 6, applicable after 29 March 2018 in relation to:

(a) property that is wholly or partly derived or realised from a disposal or other dealing, before or after 29 March 2018, with property that is proceeds or an instrument of an offence (within the meaning of the Proceeds of Crime Act 2002 as amended by those items); and

(b) property that is wholly or partly acquired, before or after 29 March 2018, using property that is proceeds or an instrument of an offence (within the meaning of that Act as amended by those items); and

(c) property for which an encumbrance, security or liability is wholly or partly discharged, before or after 29 March 2018, using property that is proceeds or an instrument of an offence (within the meaning of that Act as amended by those items); and

(d) property for which the costs of wholly or partly retaining, maintaining or improving are met, before or after 29 March 2018, using property that is proceeds or an instrument of an offence (within the meaning of that Act as amended by those items); and

(e) property that is improved, before or after 29 March 2018, using proceeds or an instrument of an offence (within the meaning of that Act as amended by those items).

S 330(2) formerly read:

330(2)
Property becomes an * instrument of an offence if it is:

(a) wholly or partly derived or realised from the disposal or other dealing with an instrument of the offence; or

(b) wholly or partly acquired using an instrument of the offence;

including because of a previous application of this section.

S 330(3) amended by No 21 of 2018, s 3 and Sch 1 item 7, by substituting " proceeds of an offence or an instrument " for " *proceeds of an offence or an *instrument " , applicable after 29 March 2018 in relation to:

(a) property that is wholly or partly derived or realised from a disposal or other dealing, before or after 29 March 2018, with property that is proceeds or an instrument of an offence (within the meaning of the Proceeds of Crime Act 2002 as amended by those items); and

(b) property that is wholly or partly acquired, before or after 29 March 2018, using property that is proceeds or an instrument of an offence (within the meaning of that Act as amended by those items); and

(c) property for which an encumbrance, security or liability is wholly or partly discharged, before or after 29 March 2018, using property that is proceeds or an instrument of an offence (within the meaning of that Act as amended by those items); and

(d) property for which the costs of wholly or partly retaining, maintaining or improving are met, before or after 29 March 2018, using property that is proceeds or an instrument of an offence (within the meaning of that Act as amended by those items); and

(e) property that is improved, before or after 29 March 2018, using proceeds or an instrument of an offence (within the meaning of that Act as amended by those items).

S 330(4) amended by No 112 of 2020, s 3 and Sch 3 item 69, by inserting " or a superannuation agreement within the meaning of Part VIIIC of that Act " in para (ba)(ii), effective 28 September 2022. No 112 of 2020, s 3 and Sch 4 item 6 contains the following transitional provision:

…

Part 5 - Transitional rules

6 Transitional rules  
(1)
The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Act.

(2)
Without limiting subitem (1), rules made under this item before the end of the period of 12 months starting on the day this Schedule commences may provide that provisions of this Act, or any other Act or instrument, have effect with any modifications prescribed by the rules. Those provisions then have effect as if they were so modified.

(3)
Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply in relation to rules made under this item before the end of the period of 12 months starting on the day this Schedule commences.

(4)
To avoid doubt, the rules may not do the following:

(a) create an offence or civil penalty;

(b) provide powers of:

(i) arrest or detention; or

(ii) entry, search or seizure;

(c) impose a tax;

(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

(e) directly amend the text of this Act.

(5)
This Schedule (other than subitem (4)) does not limit the rules that may be made under this item.

S 330(4) amended by No 21 of 2018, s 3 and Sch 1 item 8, by substituting " proceeds of an offence or an instrument " for " *proceeds of an offence or an *instrument " , applicable after 29 March 2018 in relation to:

(a) property that is wholly or partly derived or realised from a disposal or other dealing, before or after 29 March 2018, with property that is proceeds or an instrument of an offence (within the meaning of the Proceeds of Crime Act 2002 as amended by those items); and

(b) property that is wholly or partly acquired, before or after 29 March 2018, using property that is proceeds or an instrument of an offence (within the meaning of that Act as amended by those items); and

(c) property for which an encumbrance, security or liability is wholly or partly discharged, before or after 29 March 2018, using property that is proceeds or an instrument of an offence (within the meaning of that Act as amended by those items); and

(d) property for which the costs of wholly or partly retaining, maintaining or improving are met, before or after 29 March 2018, using property that is proceeds or an instrument of an offence (within the meaning of that Act as amended by those items); and

(e) property that is improved, before or after 29 March 2018, using proceeds or an instrument of an offence (within the meaning of that Act as amended by those items).

S 330(4) amended by No 153 of 2015, s 3 and Sch 14 item 1, by substituting para (e), applicable whether the forfeiture, confiscation or other disposal occurred before, on or after 27 November 2015. Para (e) formerly read:

(e) if an * interstate restraining order or an * interstate forfeiture order is satisfied in respect of the property; or

S 330(5) amended by No 21 of 2018, s 3 and Sch 1 item 9, by substituting " becomes proceeds of an offence or an instrument " for " becomes proceeds of an offence or an instrument " , applicable after 29 March 2018 in relation to:

(a) property that is wholly or partly derived or realised from a disposal or other dealing, before or after 29 March 2018, with property that is proceeds or an instrument of an offence (within the meaning of the Proceeds of Crime Act 2002 as amended by those items); and

(b) property that is wholly or partly acquired, before or after 29 March 2018, using property that is proceeds or an instrument of an offence (within the meaning of that Act as amended by those items); and

(c) property for which an encumbrance, security or liability is wholly or partly discharged, before or after 29 March 2018, using property that is proceeds or an instrument of an offence (within the meaning of that Act as amended by those items); and

(d) property for which the costs of wholly or partly retaining, maintaining or improving are met, before or after 29 March 2018, using property that is proceeds or an instrument of an offence (within the meaning of that Act as amended by those items); and

(e) property that is improved, before or after 29 March 2018, using proceeds or an instrument of an offence (within the meaning of that Act as amended by those items).

S 330(6) amended by No 21 of 2018, s 3 and Sch 1 item 10, by substituting " proceeds of an *unlawful activity, or an instrument " for " *proceeds of an *unlawful activity, or an *instrument " , applicable after 29 March 2018 in relation to:

(a) property that is wholly or partly derived or realised from a disposal or other dealing, before or after 29 March 2018, with property that is proceeds or an instrument of an offence (within the meaning of the Proceeds of Crime Act 2002 as amended by those items); and

(b) property that is wholly or partly acquired, before or after 29 March 2018, using property that is proceeds or an instrument of an offence (within the meaning of that Act as amended by those items); and

(c) property for which an encumbrance, security or liability is wholly or partly discharged, before or after 29 March 2018, using property that is proceeds or an instrument of an offence (within the meaning of that Act as amended by those items); and

(d) property for which the costs of wholly or partly retaining, maintaining or improving are met, before or after 29 March 2018, using property that is proceeds or an instrument of an offence (within the meaning of that Act as amended by those items); and

(e) property that is improved, before or after 29 March 2018, using proceeds or an instrument of an offence (within the meaning of that Act as amended by those items).

S 330(7) inserted by No 21 of 2018, s 3 and Sch 1 item 11, applicable after 29 March 2018 in relation to:

(a) property that is wholly or partly derived or realised from a disposal or other dealing, before or after 29 March 2018, with property that is proceeds or an instrument of an offence (within the meaning of the Proceeds of Crime Act 2002 as amended by those items); and

(b) property that is wholly or partly acquired, before or after 29 March 2018, using property that is proceeds or an instrument of an offence (within the meaning of that Act as amended by those items); and

(c) property for which an encumbrance, security or liability is wholly or partly discharged, before or after 29 March 2018, using property that is proceeds or an instrument of an offence (within the meaning of that Act as amended by those items); and

(d) property for which the costs of wholly or partly retaining, maintaining or improving are met, before or after 29 March 2018, using property that is proceeds or an instrument of an offence (within the meaning of that Act as amended by those items); and

(e) property that is improved, before or after 29 March 2018, using proceeds or an instrument of an offence (within the meaning of that Act as amended by those items).

S 330(8) inserted by No 21 of 2018, s 3 and Sch 1 item 11, applicable after 29 March 2018 in relation to:

(a) property that is wholly or partly derived or realised from a disposal or other dealing, before or after 29 March 2018, with property that is proceeds or an instrument of an offence (within the meaning of the Proceeds of Crime Act 2002 as amended by those items); and

(b) property that is wholly or partly acquired, before or after 29 March 2018, using property that is proceeds or an instrument of an offence (within the meaning of that Act as amended by those items); and

(c) property for which an encumbrance, security or liability is wholly or partly discharged, before or after 29 March 2018, using property that is proceeds or an instrument of an offence (within the meaning of that Act as amended by those items); and

(d) property for which the costs of wholly or partly retaining, maintaining or improving are met, before or after 29 March 2018, using property that is proceeds or an instrument of an offence (within the meaning of that Act as amended by those items); and

(e) property that is improved, before or after 29 March 2018, using proceeds or an instrument of an offence (within the meaning of that Act as amended by those items).