Crimes and Other Legislation Amendment (Omnibus No. 1) Act 2024 (93 of 2024)

Schedule 1   Seizing digital assets

Part 1   Main amendments

Proceeds of Crime Act 2002

42   Section 338

Insert:

carrier means:

(a) a carrier within the meaning of the Telecommunications Act 1997; or

(b) a carriage service provider within the meaning of that Act.

communication in transit means a communication (within the meaning of the Telecommunications Act 1997) passing over a telecommunications network (within the meaning of that Act).

digital asset means:

(a) a digital representation of value or rights (including rights to property), the ownership of which is evidenced cryptographically and that is held and transferred electronically by:

(i) a type of distributed ledger technology; or

(ii) another distributed cryptographically verifiable data structure; or

(b) a right or thing prescribed by the regulations;

but does not include any right or thing that, under the regulations, is taken not to be a digital asset for the purposes of this Act.

seize , for a *digital asset, has a meaning affected by subsection 228A(6).

telecommunications facility means a facility within the meaning of the Telecommunications Act 1997.