Effect of money or property being provided as part of a controlled operation—proceeds of general crime
400.10B Effect of money or property being provided as part of a controlled operation—proceeds of general crime
In a prosecution for an offence against a proceeds of general crime offence provision by a person in relation to the person engaging in conduct in relation to money or other property, it is not necessary to prove that the money or property is proceeds of general crime if it is proved that, as part of a controlled operation in relation to suspected offences against this Division, either of the following provided the money or property:
a law enforcement participant in the controlled operation;
a civilian participant in the controlled operation, acting in accordance with the instructions of a law enforcement officer.
In this section:
civilian participant in a controlled operation has the meaning given by Part IAB of the Crimes Act 1914.
controlled operation has the meaning given by Part IAB of the Crimes Act 1914.
Division 2—Application of amendments
86 Application of amendments
The amendments of section 400.10A of the Criminal Code made by this Part apply in relation to a dealing with money or other property that occurs after the commencement of this item.
Section 400.10B of the Criminal Code (as inserted by this Part) applies in relation to conduct engaged in by a person in relation to money or other property after the commencement of this item.
Schedule 2—Investigation of Commonwealth offences
Crimes Act 1914
1 Subsection 23B(1)
Insert:
designated official means:
a member or special member of the Australian Federal Police; or
a member of the police force of a State or Territory; or
a person who holds an office the functions of which include the investigation of Commonwealth offences and who is empowered by a law of the Commonwealth because of the holding of that office to make arrests in respect of such offences.
2 Subsection 23B(1) (paragraph (a) of the definition of investigating official)
After “Australian Federal Police”, insert “(other than a member or special member of the Australian Federal Police who is engaged in covert investigations under the orders of a superior)”.
3 Subsection 23B(1) (paragraph (b) of the definition of investigating official)
After “Territory”, insert “(other than a member of the police force of a State or Territory who is engaged in covert investigations under the orders of a superior)”.
4 Subsection 23B(1) (at the end of paragraph (c) of the definition of investigating official)
Add “(other than a person who is engaged in covert investigations under the orders of a superior)”.
5 Paragraph 23B(4)(a)
Omit “an investigating official”, substitute “a designated official”.
6 Subsection 23V(3)
Repeal the subsection.
Schedule 3—Buy‑backs
Part 1—Amendments
Proceeds of Crime Act 2002
1 Section 57
Repeal the section, substitute:
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.