sec.93ZZHDealing with property forfeited under serious drug offender confiscation order prohibited

### sec.93ZZH Dealing with property forfeited under serious drug offender confiscation order prohibited A person who does, or attempts to do, an act or makes an omission in relation to property forfeited under a serious drug offender confiscation order that directly or indirectly defeats the operation of the order commits a crime. Maximum penalty— for a financial institution—2,500 penalty units or the value of the forfeited property, whichever is the higher amount; or otherwise— 1,000 penalty units or the value of the forfeited property, whichever is the higher amount; or 7 years imprisonment. It is a defence to a charge of an offence against subsection (1) for the person to prove that the person had no notice the property was forfeited under a serious drug offender confiscation order and no reason to suspect it was. However, the defence under subsection (2) is not available to the extent the property is— a motor vehicle, boat or outboard motor the subject of a serious drug offender confiscation order registered under the Personal Property Securities Act 2009 (Cwlth) ; or land over which a caveat in relation to the serious drug offender confiscation order is registered under the Land Title Act 1994 . Subsection (1) does not prevent the prosecution and punishment of a person who does, or attempts to do, an act or makes an omission mentioned in that subsection for contempt of court or another offence under this Act or another Act. A dealing with property in contravention of subsection (1) is void unless the dealing was in favour of a person who— did not know, and could not reasonably be expected to have known, that the property was the subject of a serious drug offender confiscation order; and acted in good faith; and provided sufficient consideration for the dealing. Subsection (5) applies whether or not any person is convicted of an offence in relation to the serious drug offender confiscation order. s 93ZZH ins 2013 No. 21 s 42 sub 2017 No. 6 s 18 (sec.93ZZH-ssec.1) A person who does, or attempts to do, an act or makes an omission in relation to property forfeited under a serious drug offender confiscation order that directly or indirectly defeats the operation of the order commits a crime. Maximum penalty— for a financial institution—2,500 penalty units or the value of the forfeited property, whichever is the higher amount; or otherwise— 1,000 penalty units or the value of the forfeited property, whichever is the higher amount; or 7 years imprisonment. (sec.93ZZH-ssec.2) It is a defence to a charge of an offence against subsection (1) for the person to prove that the person had no notice the property was forfeited under a serious drug offender confiscation order and no reason to suspect it was. (sec.93ZZH-ssec.3) However, the defence under subsection (2) is not available to the extent the property is— a motor vehicle, boat or outboard motor the subject of a serious drug offender confiscation order registered under the Personal Property Securities Act 2009 (Cwlth) ; or land over which a caveat in relation to the serious drug offender confiscation order is registered under the Land Title Act 1994 . (sec.93ZZH-ssec.4) Subsection (1) does not prevent the prosecution and punishment of a person who does, or attempts to do, an act or makes an omission mentioned in that subsection for contempt of court or another offence under this Act or another Act. (sec.93ZZH-ssec.5) A dealing with property in contravention of subsection (1) is void unless the dealing was in favour of a person who— did not know, and could not reasonably be expected to have known, that the property was the subject of a serious drug offender confiscation order; and acted in good faith; and provided sufficient consideration for the dealing. (sec.93ZZH-ssec.6) Subsection (5) applies whether or not any person is convicted of an offence in relation to the serious drug offender confiscation order. - (a) for a financial institution—2,500 penalty units or the value of the forfeited property, whichever is the higher amount; or - (b) otherwise— (i) 1,000 penalty units or the value of the forfeited property, whichever is the higher amount; or (ii) 7 years imprisonment. - (i) 1,000 penalty units or the value of the forfeited property, whichever is the higher amount; or - (ii) 7 years imprisonment. - (i) 1,000 penalty units or the value of the forfeited property, whichever is the higher amount; or - (ii) 7 years imprisonment. - (a) a motor vehicle, boat or outboard motor the subject of a serious drug offender confiscation order registered under the Personal Property Securities Act 2009 (Cwlth) ; or - (b) land over which a caveat in relation to the serious drug offender confiscation order is registered under the Land Title Act 1994 . - (a) did not know, and could not reasonably be expected to have known, that the property was the subject of a serious drug offender confiscation order; and - (b) acted in good faith; and - (c) provided sufficient consideration for the dealing.