Crimes Legislation Amendment (Economic Disruption) Act 2021 (3 of 2021)

Schedule 1   Money laundering

Part 1   General amendments

Division 1   Amendments

Criminal Code Act 1995

1   Subsection 400.1(1) of the Criminal Code

Insert:

director , in relation to a company, means:

(a) any person occupying or acting in the position of director of the company, by whatever name called and whether or not validly appointed to occupy or duly authorised to act in the position; and

(b) any person in accordance with whose directions or instructions the directors of the company are accustomed to act, other than when those directors only do so:

(i) in the proper performance of the functions attaching to the person's professional capacity; or

(ii) in their business relationship with the person.

effective control has a meaning affected by section 400.2AA.

foreign offence means an offence against a law of a foreign country constituted by conduct that, if it had occurred in Australia, would have constituted an offence against:

(a) a law of the Commonwealth; or

(b) a law of a State; or

(c) a law of a Territory.

proceeds of general crime offence provision means an offence against any of the following provisions:

(a) subsection 400.2B(2);

(b) subsection 400.2B(3);

(c) subsection 400.2B(5);

(d) subsection 400.2B(6);

(e) subsection 400.2B(8);

(f) subsection 400.2B(9);

(g) subsection 400.3(1A);

(h) subsection 400.3(1B);

(i) subsection 400.3(2A);

(j) subsection 400.3(2B);

(k) subsection 400.3(3A);

(l) subsection 400.3(3B);

(m) subsection 400.4(1A);

(n) subsection 400.4(1B);

(o) subsection 400.4(2A);

(p) subsection 400.4(2B);

(q) subsection 400.4(3A);

(r) subsection 400.4(3B).