Criminal Property Confiscation Act 2000

The DPP or the CCC may apply to the court for an order under subsection (2).

On hearing an application, if the court is satisfied that a person is carrying out, or has carried out, a sham transaction, the court may, to defeat the purpose of the transaction, by order —

declare that the transaction is void in whole or in part; or

vary the operation of the transaction in whole or in part.

The court may make any ancillary orders that are just in the circumstances for or with respect to any consequential or related matter, including orders relating to —

dealing with property; and

the disposition of any proceeds from the sale of property; and

making payments of money; and

creating a charge on property in favour of any person and the enforcement of the charge.

The court may rescind or vary an order made under this section.

If a body corporate commits an offence under this Act and it is proved that the offence occurred with the consent or connivance of an officer of the body corporate, or a person purporting to act as an officer of the body corporate, that person, as well as the body corporate, commits the offence.

If the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate.

If, in proceedings under this Act, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show that —

the conduct was engaged in by an officer of the body corporate within the scope of his or her actual or apparent authority; and

the officer had that state of mind.

If an officer of a body corporate engages in conduct on behalf of the body corporate within the scope of his or her actual authority then, for the purposes of proceedings under this Act, the body corporate is taken also to have engaged in the conduct unless the body corporate establishes that it took reasonable precautions and exercised due diligence to avoid the conduct.