Document ID: chunk:federal_register_of_legislation:C2025C00034:section:329
Version: federal_register_of_legislation:C2025C00034
Segment Type: section
Provision Reference: s 329
Character Range: 528944–529911

329  Meaning of proceeds and instrument
 (1) Property is proceeds of an offence if:
 (a) it is wholly derived or realised, whether directly or indirectly, from the commission of the offence; or
 (b) it is partly derived or realised, whether directly or indirectly, from the commission of the offence;
whether the property is situated within or outside *Australia.
 (2) Property is an instrument of an offence if:
 (a) the property is used in, or in connection with, the commission of an offence; or
 (b) the property is intended to be used in, or in connection with, the commission of an offence;
whether the property is situated within or outside *Australia.
 (3) Property can be proceeds of an offence or an instrument of an offence even if no person has been convicted of the offence.
 (4) Proceeds or an instrument of an *unlawful activity means proceeds or an instrument of the offence constituted by the act or omission that constitutes the unlawful activity.