AustLII Tasmanian Numbered Acts

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MISUSE OF DRUGS ACT 2001 (NO. 94 OF 2001) - SECT 15

Division 4 - Property derived from major offences Interpretation of Division

(1)  In this Division –
drug offence means an offence under Division 2 or 3 of this Part;
proceeds , in relation to a drug offence, includes –
(a) the proceeds of any sale involved in committing the offence; and
(b) any remuneration or other reward for committing the offence;
property means real or personal property, including things in action and other intangible property;
property derived from a drug offence does not include a controlled drug, controlled plant or controlled precursor.
(2)  For the purposes of this Division –
(a) property is taken to be directly derived from a drug offence if it is –
(i) all or part of the proceeds of the offence; or
(ii) wholly or partly acquired by disposing of, or using, the proceeds of the offence; and
(b) property is taken to be indirectly derived from a drug offence if it is wholly or partly acquired by disposing of, or using –
(i) property directly derived from the offence; or
(ii) property indirectly derived from the offence, including any property indirectly derived by virtue of the previous operation of subparagraph (i) ; and
(c) property that has been directly or indirectly derived from a drug offence does not lose that status merely by being deposited with an authorised deposit-taking institution or elsewhere for credit to an account or for investment.



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