Document ID: chunk:federal_register_of_legislation:C2004C01241:clause:1_47p:p2
Version: federal_register_of_legislation:C2004C01241
Segment Type: clause
Provision Reference: sch 1 cl 47P (pt 2/3)
Character Range: 72115–74616

property; or
 (ii) a person claiming through the person from whom the property was appropriated or obtained ceases to have any right to restitution in respect of the property.

Tainted property

 (8) For the purposes of this section, tainted property is property that:
 (a) is (in whole or in part) the proceeds of sale of, or property exchanged for:
 (i) original stolen property; or
 (ii) previously received property; and
 (b) if subparagraph (a)(i) applies—is in the possession or custody of:
 (i) if the original stolen property was appropriated in the course of theft (whether in contravention of this Act or of another law)—the person who so appropriated the original stolen property; or
 (ii) if the original stolen property was otherwise unlawfully obtained—the person who so obtained the property or the person for whom the property was so obtained; and
 (c) if subparagraph (a)(ii) applies—is in the possession or custody of the person who received the previously received property in the course of an offence against subsection (1).

Money transfers

 (9) For the purposes of this section, if, as a result of the application of subsection 134.1(9) or (10) of the Criminal Code, an amount credited to an account held by a person is property obtained in the course of an offence against section 134.1 of the Criminal Code:
 (a) while the whole or any part of the amount remains credited to the account, the property is taken to be in the possession of the person; and
 (b) if the person fails to take such steps as are reasonable in the circumstances to secure that the credit is cancelled—the person is taken to have received the property; and
 (c) subsection (7) of this section does not apply to the property.

Note: Subsections 134.1(9) and (10) of the Criminal Code deal with money transfers.

Receiving property stolen before commencement

 (10) For the purposes of this section:
 (a) it is to be assumed that section 47C of this Act had been in force at all times before the commencement of this section; and
 (b) property that was appropriated or obtained at a time before the commencement of this section does not become original stolen property unless the property was appropriated or obtained in circumstances that (apart from paragraph (a)) amounted to an offence against a law of the Commonwealth, a State or a Territory in force at that time.

Definition

 (11) In this section:

account has the same meaning as in section 133.1 of the Criminal Code.

Subdivision D—Looting