In forceAmended2020 Revised Edition

Contents

Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992 · 2020 Revised Edition · Part 6 · Offences

53. Acquiring, possessing, using, concealing or transferring benefits of drug dealing

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Amended

Last amended by an amending law of 2023. 5 amendments in all.

(1)

Any person who —

(a)

conceals or disguises any property which is, or in whole or in part, directly or indirectly, represents, the person’s benefits of drug dealing;

(b)

converts or transfers that property or removes it from the jurisdiction; or

(c)

acquires, possesses or uses that property,shall be guilty of an offence.

(2)

Any person who, knowing or having reasonable grounds to believe that any property is, or in whole or in part, directly or indirectly, represents, another person’s benefits of drug dealing —

(a)

conceals or disguises that property; or

(b)

converts or transfers that property or removes it from the jurisdiction,shall be guilty of an offence.

(3)

Any person who, knowing or having reasonable grounds to believe that any property is, or in whole or in part, directly or indirectly, represents, another person’s benefits of drug dealing, acquires that property or has possession of or uses such property, shall be guilty of an offence.

(3A)

Any person —

(a)

who —

(i)

conceals or disguises any property which is, or in whole or in part, directly or indirectly, represents, another person’s benefits of drug dealing;

(ii)

converts or transfers that property or removes it from the jurisdiction; or

(iii)

acquires, possesses or uses that property; and

(b)

who —

(i)

does so rashly in respect of the circumstance that the property represents another person’s benefits of drug dealing; or

(ii)

does so negligently,shall be guilty of an offence.

(4)

In subsections (1)(a), (2)(a) and (3A)(a)(i), references to concealing or disguising any property include references to concealing or disguising its nature, source, location, disposition, movement or ownership or any rights with respect to it.

(5)

Any individual who commits an offence under subsection (1), (2) or (3) shall be liable on conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 10 years or to both.

(6)

Any individual who commits an offence under subsection (3A) shall be liable on conviction —

(a)

in a case mentioned in subsection (3A)(b)(i), to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 5 years or to both; or

(b)

in a case mentioned in subsection (3A)(b)(ii), to a fine not exceeding $150,000 or to imprisonment for a term not exceeding 3 years or to both.

(7)

Any person who is not an individual who commits an offence under subsection (1), (2), (3) or (3A) shall be liable on conviction to a fine not exceeding $1 million or twice the value of the benefits of drug dealing in respect of which the offence was committed, whichever is higher.[46