In forceAmended2020 Revised Edition

Contents

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

54. Acquiring, possessing, using, concealing or transferring benefits from criminal conduct

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Amended

Last amended by an amending law of 2025. 6 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 from criminal conduct;

(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 from criminal conduct —

(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 from criminal conduct, 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 from criminal conduct;

(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 from criminal conduct; 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)

Subject to subsection (8), 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 from criminal conduct in respect of which the offence was committed, whichever is higher.

(8)

Where an individual is convicted of an offence under subsection (1), (2) or (3), the individual shall, in addition to the punishment under subsection (5), be liable to caning of not more than 12 strokes if —

(a)

it is proved, to the satisfaction of the court, that the property mentioned in subsection (1), (2) or (3) (as the case may be) is, or represents (in whole or in part, directly or indirectly), a person’s benefits from a serious scam offence; and

(b)

for an individual who is a person mentioned in subsection (2) or (3), the individual is not able to prove, to the satisfaction of the court, that he or she had taken reasonable steps to ensure that the property is not, and does not represent (in whole or in part, directly or indirectly), any person’s benefits from a serious scam offence.

(9)

For the purposes of subsection (8)(a), it is not necessary for the prosecution to prove that any person was convicted of the serious scam offence.[47