Document ID: chunk:federal_register_of_legislation:C2025C00034:section:330:p1
Version: federal_register_of_legislation:C2025C00034
Segment Type: section
Provision Reference: s 330 (pt 1/3)
Character Range: 529911–532543

330  When property becomes, remains and ceases to be proceeds or an instrument
 (1) Property becomes proceeds of an offence if:
 (a) the property is wholly or partly derived or realised from a disposal or other dealing with *proceeds of the offence; or
 (b) the property is wholly or partly acquired using proceeds of the offence; or
 (c) an *encumbrance or a security on, or a liability incurred to acquire, retain, maintain or make *improvements to, the property is wholly or partly discharged using proceeds of the offence; or
 (d) the costs of retaining, maintaining or making improvements to the property are wholly or partly met using proceeds of the offence; or
 (e) the property is improved using proceeds of the offence;
including because of one or more previous applications of this section.
 (2) Property becomes an instrument of an offence if:
 (a) the property is wholly or partly derived or realised from the disposal or other dealing with an *instrument of the offence; or
 (b) the property is wholly or partly acquired using an instrument of the offence; or
 (c) an *encumbrance or a security on, or a liability incurred to acquire, retain, maintain or make *improvements to, the property is wholly or partly discharged using an instrument of the offence; or
 (d) the costs of retaining, maintaining or making improvements to the property are wholly or partly met using an instrument of the offence; or
 (e) the property is improved using an instrument of the offence;
including because of one or more previous applications of this section.
 (3) Property remains proceeds of an offence or an instrument of an offence even if:
 (a) it is credited to an *account; or
 (b) it is disposed of or otherwise dealt with.
 (4) Property only ceases to be proceeds of an offence or an instrument of an offence:
 (a) if it is acquired by a third party for *sufficient consideration without the third party knowing, and in circumstances that would not arouse a reasonable suspicion, that the property was proceeds of an offence or an instrument of an offence (as the case requires); or
 (b) if the property vests in a person from the distribution of the estate of a deceased person, having been previously vested in a person from the distribution of the estate of another deceased person while the property was still proceeds of an offence or an instrument of an offence (as the case requires); or
 (ba) if the property has been distributed in accordance with:
 (i) an order in proceedings under the Family Law Act 1975 with respect to the property of the parties to a marriage or either of them; or
 (ia) an order in proceedings