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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Proceeds of Terrorism)
Bill 2007
A BILL FOR
An Act to amend the Criminal Assets Confiscation
Act 2005.
Contents
Part 1—Preliminary
1 Short
title
2 Amendment provisions
Part 2—Amendment of Criminal Assets Confiscation
Act 2005
3 Amendment of section
3—Interpretation
Part 3—Amendment of Criminal Law Consolidation
Act 1935
4 Insertion of Part 6D
Part 6D—Offences relating to proceeds derived from
terrorism
175 Interpretation
176 Deriving
literary proceeds from terrorism
177 Liability of
officers of body corporate
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Proceeds of Terrorism)
Act 2007.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Criminal Assets Confiscation
Act 2005
3—Amendment of
section 3—Interpretation
(1) Section 3(1)—after the definition of charged
insert:
Commonwealth Criminal Code means the Criminal Code set out in
the Schedule to the Criminal Code Act 1995 of the Commonwealth, or a
law of the Commonwealth that replaces that Code;
(2) Section 3(1), definition of serious offence—after
paragraph (c) insert:
or
(d) a prescribed terrorism offence;
(3) Section 3(1)—after the definition of premises
insert:
prescribed terrorism offence means—
(a) an offence against Part 5.3 of the Commonwealth Criminal Code;
or
(b) an offence against a law of another jurisdiction (including a
jurisdiction outside Australia) that would, if committed in Australia after the
commencement of Schedule 1 of the Security Legislation Amendment (Terrorism)
Act 2002 of the Commonwealth, constitute an offence against Part 5.3 of
the Commonwealth Criminal Code; or
(c) an offence against international law that is an offence arising out
of, or related to, terrorism;
Part 3—Amendment
of Criminal Law Consolidation
Act 1935
After Part 6C insert:
Part 6D—Offences relating to proceeds derived from
terrorism
175—Interpretation
In this Part—
Commonwealth Criminal Code means the Criminal Code set out in
the Schedule to the Criminal Code Act 1995 of the Commonwealth, or a
law of the Commonwealth that replaces that Code;
derive—a person derives literary proceeds
if—
(a) the person; or
(b) another person at the request or direction of the first
person,
derives the literary proceeds, whether directly or indirectly;
literary proceeds has the same meaning as in the Criminal
Assets Confiscation Act 2005;
prescribed terrorism offence means—
(a) an offence against Part 5.3 of the Commonwealth Criminal Code;
or
(b) an offence against a law of another jurisdiction (including a
jurisdiction outside Australia) that would, if committed in Australia after the
commencement of the Schedule 1 of the Security Legislation Amendment
(Terrorism) Act 2002 of the Commonwealth, constitute an offence against
Part 5.3 of the Commonwealth Criminal Code; or
(c) an offence against international law that is an offence arising out
of, or related to, terrorism.
176—Deriving literary proceeds from
terrorism
(1) A person—
(a) who is charged with, or who has been convicted of, a prescribed
terrorism offence (whether in the State or elsewhere) and who derives literary
proceeds in relation to the commission of the offence; or
(b) who, on behalf of a person who is charged with, or who has been
convicted of, a prescribed terrorism offence (whether in the State or
elsewhere), derives literary proceeds in relation to the commission of the
offence,
is guilty of an offence.
Maximum penalty: Imprisonment for 4 years.
(2) Subject to this section, a person who provides or offers to provide
(whether directly or indirectly) literary proceeds to a person who is charged
with, or who has been convicted, of a prescribed terrorism offence (whether in
the State or elsewhere) is guilty of an offence.
Maximum penalty:
(a) in the case of a natural person—imprisonment for
4 years;
(b) in the case of a body corporate—$120 000.
(3) It is a defence to a charge of an offence under subsection (2) if
it is proved that the literary proceeds (and any interest derived from the
literary proceeds) were provided by the defendant directly to, or were offered
on the condition that the literary proceeds would be provided by the defendant
directly to—
(a) the Victims of Crime Fund; or
(b) a charitable organisation approved by the Attorney-General by notice
in the Gazette providing for the relief of distress occasioned by
terrorism.
177—Liability of officers of body
corporate
(1) If a body corporate contravenes section 176, a person who is an
officer of the body corporate is—
(a) subject to subsection (6), guilty of a contravention of this
section; and
(b) subject to subsection (2), liable to the same penalty as may be
imposed for the principal contravention when committed by a natural
person.
(2) If an officer of a body corporate is convicted of an offence under
subsection (1), the officer is not liable to be punished by imprisonment
for the offence.
(3) If a body corporate contravenes section 176, an officer of the
body corporate who knowingly promoted or acquiesced in the contravention is also
guilty of contravening that provision.
(4) An officer of a body corporate may be prosecuted and convicted of an
offence under subsection (1) or (3) whether or not there has been a finding
by a court that the body corporate committed the contravention.
(5) In proceedings for an offence against section 176 by a body
corporate, a statement made by an officer of the body corporate is admissible as
evidence against the body corporate.
(6) It will be a defence in any criminal proceedings against an officer of
a body corporate under subsection (1) if it is proved that the alleged
contravention did not result from any failure on the defendant's part to take
all reasonable and practicable measures to prevent the contravention or
contraventions of the same or a similar nature.