Victorian Numbered Acts Victorian Numbered ActsAfter section 40G of the Confiscation Act 1997 insert —
(1) For the purposes of this Part—
(a) a benefit derived by a person for sufficient consideration that has been lawfully acquired is taken to have been lawfully derived only if the consideration given for the benefit by the person was lawfully acquired;
(b) a benefit derived by a person other than for sufficient consideration is taken to have been lawfully derived only if the person from whom it was derived lawfully derived the benefit;
(c) a benefit derived by a person as a prize or as the proceeds of any form of gambling is taken to have been lawfully derived only if any money or other item of value used by the person for the purposes of entering the prize draw or for the purposes of the gambling (as the case may be) was lawfully acquired;
(d) a benefit derived by a person from salary or wages or from payment under a contract for services is taken to have been lawfully derived only if the salary or wages or the payment for the services (as the case may be)—
(i) did not exceed the reasonable market rate applying at the time for the labour or services provided; or
(ii) were lawfully acquired by the person from whom they were received;
(e) a benefit derived by a person, whether or not it is derived for sufficient consideration, is not a benefit lawfully derived if the person derived the benefit knowing, or in circumstances such as to arouse a reasonable suspicion, that the benefit was derived, or substantially derived, directly or indirectly, from any unlawful activity.
(2) Subsection (1) does not limit the criteria for determining for the purposes of this Part whether or not a benefit has been lawfully derived.
(1) For the purposes of this Part—
(a) a service or an advantage obtained by a person for sufficient consideration that has been lawfully acquired is taken to have been lawfully obtained only if the consideration given for the service or advantage by the person was lawfully acquired;
(b) a service or an advantage obtained by a person other than for sufficient consideration is taken to have been lawfully obtained only if the person from whom it was obtained lawfully obtained the service or advantage;
(c) a service or an advantage obtained by a person as a prize or as the proceeds of any form of gambling is taken to have been lawfully obtained only if any money or other item of value used by the person for the purposes of entering the prize draw or for the purposes of the gambling (as the case may be) was lawfully acquired;
(d) a service or an advantage obtained by a person from salary or wages or from payment under a contract for services is taken to have been lawfully obtained only if the salary or wages or the payment for the services (as the case may be)—
(i) did not exceed the reasonable market rate applying at the time for the labour or services provided; or
(ii) were lawfully acquired by the person from whom they were received;
(e) a service or an advantage obtained by a person, whether or not it is obtained for sufficient consideration, is not a service or an advantage lawfully obtained if the person obtained the service or advantage knowing, or in circumstances such as to arouse a reasonable suspicion, that the service or advantage was obtained, or substantially obtained, directly or indirectly, from any unlawful activity.
(2) Subsection (1) does not limit the criteria for determining for the purposes of this Part whether or not a service or an advantage has been lawfully obtained.".