Dealing with property used in connection with an offence
563B Dealing with property used in connection with an offence
A person who deals with any money or other property that is being used, or is intended to be used, in connection with an offence is guilty of a crime and is liable to imprisonment for 20 years.
A person may be convicted of a crime under subsection (1) regardless of whether —
the person does anything to facilitate or procure the commission of the offence; or
the person does or omits to do anything that constitutes all or part of the offence; or
anyone who does or omits to do, or who intended or intends to do or omit, anything that constitutes all or part of the offence is identified; or
anyone is charged with or convicted of the offence; or
the offence is subsequently committed.
It is a defence in proceedings for a crime under subsection (1) —
to prove that the accused —
did not know; and
did not believe or suspect; and
did not have reasonable grounds to believe or suspect,
that the money or other property was being used or was intended to be used in connection with the offence; or
to prove that the accused engaged in the act or omission alleged to constitute the crime in order to assist the enforcement of a law of Western Australia, the Commonwealth, another State or a Territory.
A prosecution under this section must not be commenced without the consent of the Director of Public Prosecutions.
In this section —
deals with, in relation to money or other property, means —
receives or has possession or control of the money or other property; or
conceals or attempts to conceal the money or other property; or
passes the money or other property to another person; or
disposes of the money or other property in any other way;
offence means an offence against a law of Western Australia, the Commonwealth, another State or a Territory;
used in connection with an offence means used in or in connection with —
the commission of an offence; or
facilitating or procuring an offence.
[Section 563B inserted: No. 26 of 2004 s. 5; amended: No. 5 of 2008 s. 129(3).]
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