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This is a Bill, not an Act. For current law, see the Acts databases.
House of Assembly—No 125
As laid on the table and read a first time, 6 July 2005
South Australia
Criminal
Law Consolidation (Instruments of Crime) Amendment Bill 2005
A Bill For
An Act to amend the Criminal Law Consolidation
Act 1935.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Criminal
Law Consolidation Act 1935
4 Amendment of heading to Part 5
Division 4
5 Insertion of section 138A
138A Dealing in
instruments of crime
The Parliament of South Australia enacts
as follows:
This Act may be cited as the Criminal Law Consolidation
(Instruments of Crime) Amendment Act 2005.
This Act will come into operation on a day to be fixed by
proclamation.
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 Law Consolidation
Act 1935
4—Amendment of heading to Part 5 Division 4
Heading to Part 5 Division 4—after "Money
laundering" insert:
and dealing in instruments of crime
After section 138 insert:
138A—Dealing
in instruments of crime
(1) A person who deals in property is guilty of
an offence if—
(a) the person knows that—
(i) the property is an
instrument of crime; and
(ii) the dealing may facilitate the commission of a crime or
assist an offender to escape detection or avoid any other consequence of the
crime; and
(b) the person's
conduct is dishonest.
Maximum penalty:
In the case of a natural person—Imprisonment
for 20 years.
In the case of a body corporate—$600 000.
(2) A person who deals in property is guilty of
an offence if —
(a) the property is an instrument of crime; and
(b) the person—
(i) ought reasonably
to know that it is an instrument of crime; and
(ii) is reckless about whether the dealing may
facilitate the commission of a crime or assist an offender to escape detection
or avoid any other consequence of the crime; and
(c) the person's
conduct is dishonest.
Maximum penalty:
In the case of a natural person—Imprisonment
for 4 years.
In the case of a body corporate—$120 000.
(3) In this section—
crime means—
(a) an indictable offence against the law of the State or a
corresponding offence against the law of the Commonwealth, another State or a
Territory, or a place outside Australia; or
(b) any of the following offences:
(i) a serious drug
offence; or
(ii) an offence against section 68(3) of the Criminal Law
Consolidation Act 1935; or
(iii) an offence against section 28(1)(a) of the Summary
Offences Act 1953;
instrument of crime means—
(a) property that has been used or is intended for use for or in
connection with the commission of a crime; or
(b) property into which any such property has been converted;
serious drug offence means—
(a) an offence against section 32 of the Controlled
Substances Act 1984 (other than an offence of a kind described in
subsection (6) of that section); or
(b) a conspiracy to commit, or an attempt to commit, such an offence.