193Definitions

193 Definitions

deal with includes receive, possess, conceal or dispose of;

instrument of crime means property that is used in the commission of, or used to facilitate the commission of—

(a) an offence referred to in Schedule 1 to the Confiscation Act 1997; or

(b) an offence against a law of the Commonwealth that may be dealt with as an indictable offence (even if it may, in some circumstances, be dealt with as a summary offence); or

(c) an offence against a law of another State, a Territory or a country outside Australia that would have constituted an offence referred to in paragraph (a) if it had been committed in Victoria;

proceeds of crime means property that is derived or realised, directly or indirectly, by any person from the commission of—

(a) an offence referred to in Schedule 1 to the Confiscation Act 1997; or

(b) an offence against a law of the Commonwealth that may be dealt with as an indictable offence (even if it may, in some circumstances, be dealt with as a summary offence); or

(c) an offence against a law of another State, a Territory or a country outside Australia that would have constituted an offence referred to in paragraph (a) if it had been committed in Victoria;

property includes money and all other property real or personal including things in action and other intangible property.

(2) For the purposes of the definitions of instrument of crime and proceeds of crime, it is necessary to prove facts that constitute one or more offences referred to in paragraph (a), (b) or (c) of those definitions but the particulars of an offence need not be proven.

New s. 194 inserted by No. 104/2003 s. 3.