12Crime-derived property

12 Crime-derived property (1) Property that is wholly or partly derived or realised, directly or indirectly, from the commission of a forfeiture offence is crime- derived, whether or not: (a) any person has been charged with or convicted of the offence; or (b) any person who directly or indirectly derived or realised the property from the commission of the offence has been identified; or (c) any person who directly or indirectly derived or realised the property from the commission of the offence was involved in the commission of the offence. Criminal Property Forfeiture Act 2002 11 (2) Without limiting subsection (1), property of the following kinds is crime-derived: (a) stolen property; (b) property acquired by legitimate means that could not have been acquired if crime-derived property had not been used for other purposes; (c) any thing of monetary value acquired, in Australia or elsewhere, from the commercial exploitation of any product, or of any broadcast, telecast or other publication, where the commercial value of the product, broadcast, telecast or other publication depends on or is derived from a person's involvement in the commission of a forfeiture offence, whether or not the thing was lawfully acquired and whether or not any person has been charged with or convicted of the offence. (3) Property is also crime-derived if it is bought with or exchanged for, wholly or partly, crime-derived property (including property that acquired the status of crime-derived property because of a previous operation or previous operations of this subsection). (4) Once property becomes crime-derived property it remains crime- derived property even if it is disposed of, used to acquire other property or otherwise dealt with, unless it ceases under subsection (8) to be crime-derived property. (5) Property owned by 2 or more people, whether jointly or as tenants in common, is crime-derived if any part of the share of any of the owners is crime-derived, whether or not any of the owners is an innocent party in relation to the share or part-share that is crime- derived. (6) If: (a) a person owns crime-derived property but is divested of the property in such a way that it ceases under subsection (8) to be crime-derived property; and (b) the person acquires the property again; the property becomes crime-derived property again. (7) For deciding whether property is crime-derived, the proceeds of a sale or other dealing do not lose their identity as those proceeds only as a result of being credited to an account. Criminal Property Forfeiture Act 2002 12 (8) Crime-derived property ceases to be crime-derived property: (a) when it is acquired by an innocent party; or (b) if it is restrained property – when the restraining order is set aside under section 64; or (c) if it has been forfeited – when a court orders its release under section 121; or (d) if it is money that has been forfeited or money that is the proceeds of the sale of forfeited property – when it is paid to the Public Trustee in accordance with section 148 or to the Territory; or (e) if it has been forfeited, but is not money – when the property is disposed of in accordance with the Regulations; or (f) in any other circumstances prescribed by the Regulations.