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Criminal Proceeds Confiscation Act 2002
sch.1-sec.7Example 4
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### sch.1-sec.7 Example 4
A is convicted of the confiscation offence of concealing property reasonably suspected of being tainted property.
A came into possession of motor vehicle parts (the stolen parts ) that A knew or had reason to suspect were stolen.
A used the stolen parts to build 2 complete motor vehicles after later buying the rest of the necessary parts with the intention of combining them with the stolen parts.
All parts were used in, or in connection with, the commission of the confiscation offence of which A was convicted.
Before A was charged with the offence, A sold 1 motor vehicle for $30,000 and banked the money.
A was still in possession of the other motor vehicle.
The motor vehicle kept in A’s possession is derived from property used in, or in connection with, the commission of the confiscation offence and is tainted property under section 104 (1) (b) .
The vehicle is also derived directly from the commission of the confiscation offence and is tainted property under section 104 (1) (c) .
The banked $30,000 and its accrued interest is property derived by A from property used in, or in connection with, the commission of the confiscation offence and is tainted property under section 104 (1) (b) .
The $30,000 (and interest) is also derived from the commission of the confiscation offence and is tainted property under section 104 (1) (c) .
If A uses the $30,000 (and interest) to buy another vehicle, the other vehicle is derived from the commission of the confiscation offence and is tainted property under section 104 (1) (c) .
(sch.1-sec.7-ssec.1) A is convicted of the confiscation offence of concealing property reasonably suspected of being tainted property.
(sch.1-sec.7-ssec.2) A came into possession of motor vehicle parts (the stolen parts ) that A knew or had reason to suspect were stolen.
(sch.1-sec.7-ssec.3) A used the stolen parts to build 2 complete motor vehicles after later buying the rest of the necessary parts with the intention of combining them with the stolen parts.
(sch.1-sec.7-ssec.4) All parts were used in, or in connection with, the commission of the confiscation offence of which A was convicted.
(sch.1-sec.7-ssec.5) Before A was charged with the offence, A sold 1 motor vehicle for $30,000 and banked the money.
(sch.1-sec.7-ssec.6) A was still in possession of the other motor vehicle.
(sch.1-sec.7-ssec.7) The motor vehicle kept in A’s possession is derived from property used in, or in connection with, the commission of the confiscation offence and is tainted property under section 104 (1) (b) .
(sch.1-sec.7-ssec.8) The vehicle is also derived directly from the commission of the confiscation offence and is tainted property under section 104 (1) (c) .
(sch.1-sec.7-ssec.9) The banked $30,000 and its accrued interest is property derived by A from property used in, or in connection with, the commission of the confiscation offence and is tainted property under section 104 (1) (b) .
(sch.1-sec.7-ssec.10) The $30,000 (and interest) is also derived from the commission of the confiscation offence and is tainted property under section 104 (1) (c) .
(sch.1-sec.7-ssec.11) If A uses the $30,000 (and interest) to buy another vehicle, the other vehicle is derived from the commission of the confiscation offence and is tainted property under section 104 (1) (c) .