Document ID: chunk:federal_register_of_legislation:C2025C00155:section:229a:p1
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 229A (pt 1/3)
Character Range: 1506928–1509544

229A  Proceeds of drug trafficking liable to forfeiture
 (1) In this section, unless the contrary intention appears:
cheque includes a bill, promissory note or other security for money.
goods includes cheques, but does not include moneys in the form of cash.
moneys means moneys in the form of cash.
 (2) This section applies to:
 (a) moneys or goods in the possession or under the control of a person, being moneys or goods that came into his or her possession or under his or her control by reason of:
 (i) the person selling or otherwise dealing in, or agreeing to sell or otherwise deal in, narcotic goods imported into Australia in contravention of this Act; or
 (ii) the person importing, or agreeing to import, narcotic goods into Australia in contravention of this Act; or
 (iii) the person exporting, or agreeing to export, narcotic goods from Australia in contravention of this Act; or
 (iv) the person keeping or having kept, or agreeing to keep, in his or her possession narcotic goods imported into Australia in contravention of this Act; or
 (v) the person conspiring with another person or other persons to import any narcotic goods into Australia in contravention of this Act or to export any narcotic goods from Australia in contravention of this Act; or
 (vi) the person aiding, abetting, counselling or procuring, or being in any way knowingly concerned in, the sale of, or other dealing in, narcotic goods imported into Australia in contravention of this Act, the importation of narcotic goods into Australia in contravention of this Act, the exportation of narcotic goods from Australia in contravention of this Act or the keeping in the possession of any person of narcotic goods imported into Australia in contravention of this Act;
 (b) moneys in the possession or under the control of a person that were paid to him or her for the sale of goods that were, immediately before the sale, goods to which this section applied; and
 (c) goods in the possession or under the control of a person that were purchased or otherwise acquired by him or her with or out of moneys to which this section applied.
Note: Goods are imported or exported in contravention of this Act if they are imported or exported in breach of a prohibition under this Act: see subsection 4(4A).
 (3) Where a person who obtained possession or control of a cheque, or was paid moneys by a cheque, in any of the circumstances set out in paragraph (2)(a) or (b) receives, in respect of the cheque, moneys in the form of cash, the moneys so received shall, for the purposes of subsection (2), be deemed to be moneys that came into