Comparison View

Formal Consolidation |  2020 RevEd
Assisting another to retain benefits from criminal conduct
51.—(1)  Subject to subsection (3), a person who enters into or is otherwise concerned in an arrangement, knowing or having reasonable grounds to believe that, by the arrangement —
(a)the retention or control by or on behalf of another (called in this section that other person) of that other person’s benefits from criminal conduct is facilitated (whether by concealment, removal from jurisdiction, transfer to nominees or otherwise); or
(b)that other person’s benefits from criminal conduct —
(i)are used to secure funds that are placed at that other person’s disposal, directly or indirectly; or
(ii)are used for that other person’s benefit to acquire property by way of investment or otherwise,
and knowing or having reasonable grounds to believe that that other person is a person who engages in or has engaged in criminal conduct or has benefited from criminal conduct shall be guilty of an offence.
[51/2018]
(2)  In this section, references to any person’s benefits from criminal conduct include a reference to any property which, in whole or in part, directly or indirectly, represented in the person’s hands the person’s benefits from criminal conduct.
(3)  Where a person discloses to an authorised officer the person’s knowledge or belief that any property, funds or investments are derived from or used in connection with criminal conduct or any matter on which such knowledge or belief is based —
(a)if the person does any act in contravention of subsection (1) and the disclosure relates to the arrangement concerned, the person shall not be guilty of an offence under this section if the disclosure is made in accordance with this paragraph, that is —
(i)it is made before the person does the act concerned, being an act done with the consent of the authorised officer; or
(ii)it is made after the person does the act, but is made on the person’s initiative and as soon as it is reasonable for the person to make it;
(b)the disclosure is not to be treated as a breach of any restriction upon the disclosure of information imposed by law, contract or rules of professional conduct; and
(c)the person shall not be liable in damages for any loss arising out of —
(i)the disclosure; or
(ii)any act done or omitted to be done in relation to the property, funds or investments in consequence of the disclosure.
(4)  In any proceedings against a person for an offence under this section, it is a defence to prove —
(a)that the person did not know and had no reasonable ground to believe that the arrangement related to any person’s proceeds derived from criminal conduct;
(b)that the person did not know and had no reasonable ground to believe that, by the arrangement, the retention or control by or on behalf of the relevant person of any property was facilitated or (as the case may be) that, by the arrangement, any property was used as mentioned in subsection (1);
(c)that —
(i)the person intended to disclose to an authorised officer such knowledge, belief or matter as is mentioned in subsection (3) in relation to the arrangement; and
(ii)there is reasonable excuse for the person’s failure to make disclosure in accordance with subsection (3)(a);
(d)that, in the case of a person who was in employment at the time in question and the person enters or is otherwise concerned in the arrangement in the course of his or her employment, the person disclosed the knowledge, belief or matter as is mentioned in subsection (3) to the appropriate person in accordance with the procedure established by his or her employer for the making of such disclosures.
(5)  Any person who commits an offence under this section shall be liable on conviction —
(a)if the person is an individual, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 10 years or to both; or
(b)if the person is not an individual, to a fine not exceeding $1 million or twice the value of the benefits from criminal conduct in respect of which the offence was committed, whichever is higher.
[44
[44/2007; 21/2014; 51/2018]
Informal Consolidation | Amended S 639/2023
Assisting another to retain benefits from criminal conduct
51.—(1)  Subject to subsection (3), a person who enters into or is otherwise concerned in an arrangement, knowing or having reasonable grounds to believe that, by the arrangement —
(a)the retention or control by or on behalf of another (called in this section that other person) of that other person’s benefits from criminal conduct is facilitated (whether by concealment, removal from jurisdiction, transfer to nominees or otherwise); or
(b)that other person’s benefits from criminal conduct —
(i)are used to secure funds that are placed at that other person’s disposal, directly or indirectly; or
(ii)are used for that other person’s benefit to acquire property by way of investment or otherwise,
and knowing or having reasonable grounds to believe that that other person is a person who engages in or has engaged in criminal conduct or has benefited from criminal conduct shall be guilty of an offence.
[51/2018]
(2)  In this section, references to any person’s benefits from criminal conduct include a reference to any property which, in whole or in part, directly or indirectly, represented in the person’s hands the person’s benefits from criminal conduct.
(3)  Where a person discloses to an authorised officer the person’s knowledge or belief that any property, funds or investments are derived from or used in connection with criminal conduct or any matter on which such knowledge or belief is based —
(a)if the person does any act in contravention of subsection (1) and the disclosure relates to the arrangement concerned, the person shall not be guilty of an offence under this section if the disclosure is made in accordance with this paragraph, that is —
(i)it is made before the person does the act concerned, being an act done with the consent of the authorised officer; or
(ii)it is made after the person does the act, but is made on the person’s initiative and as soon as it is reasonable for the person to make it;
(b)the disclosure is not to be treated as a breach of any restriction upon the disclosure of information imposed by law, contract or rules of professional conduct; and
(c)the person shall not be liable in damages for any loss arising out of —
(i)the disclosure; or
(ii)any act done or omitted to be done in relation to the property, funds or investments in consequence of the disclosure.
(4)  In any proceedings against a person for an offence under this section, it is a defence to prove —
(a)that the person did not know and had no reasonable ground to believe that the arrangement related to any person’s proceeds derived from criminal conduct;
(b)that the person did not know and had no reasonable ground to believe that, by the arrangement, the retention or control by or on behalf of the relevant person of any property was facilitated or (as the case may be) that, by the arrangement, any property was used as mentioned in subsection (1);
(c)that —
(i)the person intended to disclose to an authorised officer such knowledge, belief or matter as is mentioned in subsection (3) in relation to the arrangement; and
(ii)there is reasonable excuse for the person’s failure to make disclosure in accordance with subsection (3)(a);
(d)that, in the case of a person who was in employment at the time in question and the person enters or is otherwise concerned in the arrangement in the course of his or her employment, the person disclosed the knowledge, belief or matter as is mentioned in subsection (3) to the appropriate person in accordance with the procedure established by his or her employer for the making of such disclosures.
(5)  Any person who commits an offence under this section shall be liable on conviction —
(a)if the person is an individual, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 10 years or to both; or
(b)if the person is not an individual, to a fine not exceeding $1 million or twice the value of the benefits from criminal conduct in respect of which the offence was committed, whichever is higher.
[44
[44/2007; 21/2014; 51/2018]