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Criminal Proceeds Confiscation Act 2002
sch.1-sec.3Example 1
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### sch.1-sec.3 Example 1
A is found to have engaged in the serious crime related activity of inducing, by coercion, another person to provide commercial sexual services over 5 years.
Money from engaging in the serious crime related activity was used by A—
to lead a flamboyant lifestyle costing, on average, $60,000 for each year; and
to pay off a mortgage on the mansion A lives in and a block of income producing home units.
The mansion and home units were bought in the 5 years.
A—
had no assets at the start of the 5 years; and
can not show a source of property gained in the 5 years other than income from the units, which produced an annual net income of $20,000.
The mansion and units are worth $1m.
Under sections 82 (1) and 83 —
the $1m current value of the mansion and units is derived proceeds; and
the amount of $400,000, made up of the $60,000 mentioned in subsection (2) (a) , and the $20,000 mentioned in subsection (4) (b) , for each year, is derived proceeds.
sch 1 s 3 amd 2009 No. 2 s 64 ; 2010 No. 42 s 214 sch ; 2024 No. 23 s 36 sch 1
(sch.1-sec.3-ssec.1) A is found to have engaged in the serious crime related activity of inducing, by coercion, another person to provide commercial sexual services over 5 years.
(sch.1-sec.3-ssec.2) Money from engaging in the serious crime related activity was used by A— to lead a flamboyant lifestyle costing, on average, $60,000 for each year; and to pay off a mortgage on the mansion A lives in and a block of income producing home units.
(sch.1-sec.3-ssec.3) The mansion and home units were bought in the 5 years.
(sch.1-sec.3-ssec.4) A— had no assets at the start of the 5 years; and can not show a source of property gained in the 5 years other than income from the units, which produced an annual net income of $20,000.
(sch.1-sec.3-ssec.5) The mansion and units are worth $1m.
(sch.1-sec.3-ssec.6) Under sections 82 (1) and 83 — the $1m current value of the mansion and units is derived proceeds; and the amount of $400,000, made up of the $60,000 mentioned in subsection (2) (a) , and the $20,000 mentioned in subsection (4) (b) , for each year, is derived proceeds.
- (a) to lead a flamboyant lifestyle costing, on average, $60,000 for each year; and
- (b) to pay off a mortgage on the mansion A lives in and a block of income producing home units.
- (a) had no assets at the start of the 5 years; and
- (b) can not show a source of property gained in the 5 years other than income from the units, which produced an annual net income of $20,000.
- (a) the $1m current value of the mansion and units is derived proceeds; and
- (b) the amount of $400,000, made up of the $60,000 mentioned in subsection (2) (a) , and the $20,000 mentioned in subsection (4) (b) , for each year, is derived proceeds.