Commonwealth: Crimes Legislation Amendment (Economic Disruption) Act 2021 (Cth)

Crimes Legislation Amendment (Economic Disruption) Act 2021 No. 3, 2021 An Act to amend the Crimes Act 1914, the Criminal Code Act 1995 and the Proceeds of Crime Act 2002, and for other purposes Contents 1 Short title 2 Commencement 3 Schedules Schedule 1—Money laundering Part 1—General amendments Division 1—Amendments Criminal Code Act 1995 Division 2—Application of amendments Part 2—Amendments contingent on the commencement of the Anti‑Money Laundering and Counter‑Terrorism Financing and Other Legislation Amendment Act 2020 Division 1—Amendments Criminal Code Act 1995 Division 2—Application of amendments Schedule 2—Investigation of Commonwealth offences Crimes Act 1914 Schedule 3—Buy‑backs Part 1—Amendments Proceeds of Crime Act 2002 Part 2—Transitional provisions Schedule 4—Benefit Part 1—Amendments Proceeds of Crime Act 2002 Part 2—Application provisions Schedule 5—Jurisdiction of courts Part 1—Amendments Proceeds of Crime Act 2002 Part 2—Application provisions Schedule 6—Information Part 1—Amendments Proceeds of Crime Act 2002 Part 2—Application provisions Schedule 7—Official Trustee Part 1—General amendments Division 1—Amendments COAG Reform Fund Act 2008 Proceeds of Crime Act 2002 Division 2—Application of amendments Part 2—Amendments contingent on the commencement of the Crimes Legislation Amendment (Combatting Corporate Crime) Act 2021 Proceeds of Crime Act 2002 Crimes Legislation Amendment (Economic Disruption) Act 2021 No. 3, 2021 An Act to amend the Crimes Act 1914, the Criminal Code Act 1995 and the Proceeds of Crime Act 2002, and for other purposes [Assented to 16 February 2021] The Parliament of Australia enacts: 1 Short title This Act is the Crimes Legislation Amendment (Economic Disruption) Act 2021. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 16 February 2021 2. Schedule 1, Part 1 The day after this Act receives the Royal Assent. 17 February 2021 3. Schedule 1, Part 2 The later of: 17 February 2021 (a) immediately after the commencement of the provisions covered by table item 2; and (paragraph (a) applies) (b) the commencement of Part 6 of Schedule 1 to the Anti‑Money Laundering and Counter‑Terrorism Financing and Other Legislation Amendment Act 2020. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. 4. Schedules 2 to 6 The day after this Act receives the Royal Assent. 17 February 2021 5. Schedule 7, Part 1 The day after this Act receives the Royal Assent. 17 February 2021 6. Schedule 7, Part 2 The later of: Never commenced (a) immediately after the commencement of the provisions covered by table item 5; and (b) the commencement of Part 1 of Schedule 2 to the Crimes Legislation Amendment (Combatting Corporate Crime) Act 2021. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedules Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Money laundering Part 1—General amendments Division 1—Amendments Criminal Code Act 1995 1 Subsection 400.1(1) of the Criminal Code Insert: director, in relation to a company, means: (a) any person occupying or acting in the position of director of the company, by whatever name called and whether or not validly appointed to occupy or duly authorised to act in the position; and (b) any person in accordance with whose directions or instructions the directors of the company are accustomed to act, other than when those directors only do so: (i) in the proper performance of the functions attaching to the person's professional capacity; or (ii) in their business relationship with the person. effective control has a meaning affected by section 400.2AA. foreign offence means an offence against a law of a foreign country constituted by conduct that, if it had occurred in Australia, would have constituted an offence against: (a) a law of the Commonwealth; or (b) a law of a State; or (c) a law of a Territory. proceeds of general crime offence provision means an offence against any of the following provisions: (a) subsection 400.2B(2); (b) subsection 400.2B(3); (c) subsection 400.2B(5); (d) subsection 400.2B(6); (e) subsection 400.2B(8); (f) subsection 400.2B(9); (g) subsection 400.3(1A); (h) subsection 400.3(1B); (i) subsection 400.3(2A); (j) subsection 400.3(2B); (k) subsection 400.3(3A); (l) subsection 400.3(3B); (m) subsection 400.4(1A); (n) subsection 400.4(1B); (o) subsection 400.4(2A); (p) subsection 400.4(2B); (q) subsection 400.4(3A); (r) subsection 400.4(3B). 2 Subsection 400.1(1) of the Criminal Code (definition of proceeds of crime) Repeal the definition. 3 Subsection 400.1(1) of the Criminal Code Insert: proceeds of general crime means any money or other property that is wholly or partly derived or realised, directly or indirectly, by any person from the commission of: (a) an offence against a law of the Commonwealth, a State or a Territory; or (b) a foreign offence. proceeds of indictable crime means: (a) any money or other property that is wholly or partly derived or realised, directly or indirectly, by any person from the commission of a particular offence against a law of the Commonwealth, a State, a Territory or a foreign country that may be dealt with as an indictable offence (even if it may, in some circumstances, be dealt with as a summary offence); or (b) any money or other property that is wholly or partly derived or realised, directly or indirectly, by any person from the commission of an offence of a particular kind against a law of the Commonwealth, a State, a Territory or a foreign country that may be dealt with as an indictable offence (even if an offence of that kind may, in some circumstances, be dealt with as a summary offence). 4 Paragraph 400.1(3)(b) of the Criminal Code Omit "proceeds of crime", substitute "proceeds of indictable crime". 5 Section 400.2 of the Criminal Code Omit "A person", substitute "(1) For the purposes of this Division, a person". 6 At the end of section 400.2 of the Criminal Code Add: (2) For the purposes of this Division, if: (a) a person (the first person) engages in conduct; and (b) the first person's conduct causes another person to deal with money or other property (within the meaning of subsection (1)); and (c) the first person is reckless as to whether the first person's conduct causes the other person to deal with the money or property; the first person is taken to have dealt with the money or property. (3) For the purposes of subsection (2), it is immaterial whether the identity of the other person can be established. (4) For the purposes of subsection (2), the conduct of a person causes another person to deal with money or other property (within the meaning of subsection (1)) if the conduct substantially contributes to the other person dealing with the money or property (within the meaning of subsection (1)). (5) For the purposes of subsection (4), it is immaterial whether the identity of the other person can be established. 7 After section 400.2 of the Criminal Code Insert: 400.2AA Effective control of money or property (1) For the purposes of this Division, a person may have effective control of money or other property whether or not the person has: (a) a legal or equitable estate or interest in the money or property; or (b) a right, power or privilege in connection with the money or property. (2) For the purposes of this Division, if money or other property is held on trust for the ultimate benefit of a person, the person is taken to have effective control of the money or property. (3) For the purposes of this Division, in determining whether or not a person has effective control of money or other property, regard may be had to: (a) shareholdings in, debentures over or directorships of a company that has an interest (whether direct or indirect) in the money or property; and (b) a trust that has a relationship to the money or property; and (c) family, domestic and business relationships between: (i) persons having an interest in the money or property, or in companies of the kind referred to in paragraph (a) or trusts of the kind referred to in paragraph (b); and (ii) other persons. (4) For the purposes of this section, family relationships are taken to include the following (without limitation): (a) relationships between de facto partners; (b) relationships of child and parent that arise if someone is the child of a person because of the definition of child in the Dictionary; (c) relationships traced through relationships mentioned in paragraphs (a) and (b). (5) To avoid doubt, for the purposes of this Division, more than one person may have effective control of money or other property. 8 Subsection 400.2A(1) of the Criminal Code After "sections", insert "400.2B,". 9 After section 400.2A of the Criminal Code Insert: 400.2B Proceeds of crime etc.—money or property worth $10,000,000 or more Tier 1 offences (1) A person commits an offence if: (a) the person deals with money or other property; and (b) either: (i) the money or property is, and the person believes it to be, proceeds of indictable crime; or (ii) the person intends that the money or property will become an instrument of crime; and (c) at the time of the dealing, the value of the money and other property is $10,000,000 or more. Penalty: Imprisonment for life. (2) A person commits an offence if: (a) the person engages in conduct in relation to money or other property; and (b) the money or property is, and the person believes it to be, proceeds of general crime; and (c) the conduct concealed or disguised any or all of the following: (i) the nature of the money or property; (ii) the value of the money or property; (iii) the source of the money or property; (iv) the location of the money or property; (v) any disposition of the money or property; (vi) any movement of the money or property; (vii) any rights in respect of the money or property; (viii) the identity of any person who has rights in respect of the money or property; (ix) the identity of any person who has effective control of the money or property; and (d) when the conduct occurs, the value of the money and other property is $10,000,000 or more. Penalty: Imprisonment for life. (3) A person commits an offence if: (a) on 2 or more occasions, the person engages in conduct in relation to money or other property; and (b) for each occasion, the money or property is, and the person believes it to be, proceeds of general crime; and (c) for each occasion, the conduct concealed or disguised any or all of the following: (i) the nature of the money or property; (ii) the value of the money or property; (iii) the source of the money or property; (iv) the location of the money or property; (v) any disposition of the money or property; (vi) any movement of the money or property; (vii) any rights in respect of the money or property; (viii) the identity of any person who has rights in respect of the money or property; (ix) the identity of any person who has effective control of the money or property; and (d) the sum of the values of the money and other property (where each value is worked out as at the time when the relevant conduct occurred) is $10,000,000 or more. Penalty: Imprisonment for life. Tier 2 offences (4) A person commits an offence if: (a) the person deals with money or other property; and (b) either: (i) the money or property is proceeds of indictable crime; or (ii) there is a risk that the money or property will become an instrument of crime; and (c) the person is reckless as to the fact that the money or property is proceeds of indictable crime or the fact that there is a risk that it will become an instrument of crime (as the case requires); and (d) at the time of the dealing, the value of the money and other property is $10,000,000 or more. Penalty: Imprisonment for 15 years, or 900 penalty units, or both. (5) A person commits an offence if: (a) the person engages in conduct in relation to money or other property; and (b) the money or property is proceeds of general crime; and (c) the person is reckless as to the fact that the money or property is proceeds of general crime; and (d) the conduct concealed or disguised any or all of the following: (i) the nature of the money or property; (ii) the value of the money or property; (iii) the source of the money or property; (iv) the location of the money or property; (v) any disposition of the money or property; (vi) any movement of the money or property; (vii) any rights in respect of the money or property; (viii) the identity of any person who has rights in respect of the money or property; (ix) the identity of any person who has effective control of the money or property; and (e) when the conduct occurs, the value of the money and other property is $10,000,000 or more. Penalty: Imprisonment for 15 years, or 900 penalty units, or both. (6) A person commits an offence if: (a) on 2 or more occasions, the person engages in conduct in relation to money or other property; and (b) for each occasion, the money or property is proceeds of general crime; and (c) for each occasion, the person is reckless as to the fact that the money or property is proceeds of general crime; and (d) for each occasion, the conduct concealed or disguised any or all of the following: (i) the nature of the money or property; (ii) the value of the money or property; (iii) the source of the money or property; (iv) the location of the money or property; (v) any disposition of the money or property; (vi) any movement of the money or property; (vii) any rights in respect of the money or property; (viii) the identity of any person who has rights in respect of the money or property; (ix) the identity of any person who has effective control of the money or property; and (e) the sum of the values of the money and other property (where each value is worked out as at the time when the relevant conduct occurred) is $10,000,000 or more. Penalty: Imprisonment for 15 years, or 900 penalty units, or both. Tier 3 offences (7) A person commits an offence if: (a) the person deals with money or other property; and (b) either: (i) the money or property is proceeds of indictable crime; or (ii) there is a risk that the money or property will become an instrument of crime; and (c) the person is negligent as to the fact that the money or property is proceeds of indictable crime or the fact that there is a risk that it will become an instrument of crime (as the case requires); and (d) at the time of the dealing, the value of the money and other property is $10,000,000 or more. Penalty: Imprisonment for 6 years, or 360 penalty units, or both. (8) A person commits an offence if: (a) the person engages in conduct in relation to money or other property; and (b) the money or property is proceeds of general crime; and (c) the person is negligent as to the fact that the money or property is proceeds of general crime; and (d) the conduct concealed or disguised any or all of the following: (i) the nature of the money or property; (ii) the value of the money or property; (iii) the source of the money or property; (iv) the location of the money or property; (v) any disposition of the money or property; (vi) any movement of the money or property; (vii) any rights in respect of the money or property; (viii) the identity of any person who has rights in respect of the money or property; (ix) the identity of any person who has effective control of the money or property; and (e) when the conduct occurs, the value of the money and other property is $10,000,000 or more. Penalty: Imprisonment for 6 years, or 360 penalty units, or both. (9) A person commits an offence if: (a) on 2 or more occasions, the person engages in conduct in relation to money or other property; and (b) for each occasion, the money or property is proceeds of general crime; and (c) for each occasion, the person is negligent as to the fact that the money or property is proceeds of general crime; and (d) for each occasion, the conduct concealed or disguised any or all of the following: (i) the nature of the money or property; (ii) the value of the money or property; (iii) the source of the money or property; (iv) the location of the money or property; (v) any disposition of the money or property; (vi) any movement of the money or property; (vii) any rights in respect of the money or property; (viii) the identity of any person who has rights in respect of the money or property; (ix) the identity of any person who has effective control of the money or property; and (e) the sum of the values of the money and other property (where each value is worked out as at the time when the relevant conduct occurred) is $10,000,000 or more. Penalty: Imprisonment for 6 years, or 360 penalty units, or both. Absolute liability (10) Absolute liability applies to paragraphs (1)(c), (2)(d), (3)(d), (4)(d), (5)(e), (6)(e), (7)(d), (8)(e) and (9)(e). Note 1: Section 400.10 provides for a defence of mistake of fact in relation to these paragraphs. Note 2: Section 400.2A affects the application of this section so far as it relates to a person dealing with money or other property that: (a) is intended by the person to become an instrument of crime; or (b) is at risk of becoming an instrument of crime. 10 Section 400.3 (heading) Omit "Dealing in proceeds of crime", substitute "Proceeds of crime". 11 Before subsection 400.3(1) of the Criminal Code Insert: Tier 1 offences 12 Subparagraph 400.3(1)(b)(i) of the Criminal Code Omit "proceeds of crime", substitute "proceeds of indictable crime". 13 After subsection 400.3(1) of the Criminal Code Insert: (1A) A person commits an offence if: (a) the person engages in conduct in relation to money or other property; and (b) the money or property is, and the person believes it to be, proceeds of general crime; and (c) the conduct concealed or disguised any or all of the following: (i) the nature of the money or property; (ii) the value of the money or property; (iii) the source of the money or property; (iv) the location of the money or property; (v) any disposition of the money or property; (vi) any movement of the money or property; (vii) any rights in respect of the money or property; (viii) the identity of any person who has rights in respect of the money or property; (ix) the identity of any person who has effective control of the money or property; and (d) when the conduct occurs, the value of the money and other property is $1,000,000 or more. Penalty: Imprisonment for 25 years, or 1500 penalty units, or both. (1B) A person commits an offence if: (a) on 2 or more occasions, the person engages in conduct in relation to money or other property; and (b) for each occasion, the money or property is, and the person believes it to be, proceeds of general crime; and (c) for each occasion, the conduct concealed or disguised any or all of the following: (i) the nature of the money or property; (ii) the value of the money or property; (iii) the source of the money or property; (iv) the location of the money or property; (v) any disposition of the money or property; (vi) any movement of the money or property; (vii) any rights in respect of the money or property; (viii) the identity of any person who has rights in respect of the money or property; (ix) the identity of any person who has effective control of the money or property; and (d) the sum of the values of the money and other property (where each value is worked out as at the time when the relevant conduct occurred) is $1,000,000 or more. Penalty: Imprisonment for 25 years, or 1500 penalty units, or both. 14 Before subsection 400.3(2) of the Criminal Code Insert: Tier 2 offences 15 Subparagraph 400.3(2)(b)(i) of the Criminal Code Omit "proceeds of crime", substitute "proceeds of indictable crime". 16 Paragraph 400.3(2)(c) of the Criminal Code Omit "proceeds of crime", substitute "proceeds of indictable crime". 17 After subsection 400.3(2) of the Criminal Code Insert: (2A) A person commits an offence if: (a) the person engages in conduct in relation to money or other property; and (b) the money or property is proceeds of general crime; and (c) the person is reckless as to the fact that the money or property is proceeds of general crime; and (d) the conduct concealed or disguised any or all of the following: (i) the nature of the money or property; (ii) the value of the money or property; (iii) the source of the money or property; (iv) the location of the money or property; (v) any disposition of the money or property; (vi) any movement of the money or property; (vii) any rights in respect of the money or property; (viii) the identity of any person who has rights in respect of the money or property; (ix) the identity of any person who has effective control of the money or property; and (e) when the conduct occurs, the value of the money and other property is $1,000,000 or more. Penalty: Imprisonment for 12 years, or 720 penalty units, or both. (2B) A person commits an offence if: (a) on 2 or more occasions, the person engages in conduct in relation to money or other property; and (b) for each occasion, the money or property is proceeds of general crime; and (c) for each occasion, the person is reckless as to the fact that the money or property is proceeds of general crime; and (d) for each occasion, the conduct concealed or disguised any or all of the following: (i) the nature of the money or property; (ii) the value of the money or property; (iii) the source of the money or property; (iv) the location of the money or property; (v) any disposition of the money or property; (vi) any movement of the money or property; (vii) any rights in respect of the money or property; (viii) the identity of any person who has rights in respect of the money or property; (ix) the identity of any person who has effective control of the money or property; and (e) the sum of the values of the money and other property (where each value is worked out as at the time when the relevant conduct occurred) is $1,000,000 or more. Penalty: Imprisonment for 12 years, or 720 penalty units, or both. 18 Before subsection 400.3(3) of the Criminal Code Insert: Tier 3 offences 19 Subparagraph 400.3(3)(b)(i) of the Criminal Code Omit "proceeds of crime", substitute "proceeds of indictable crime". 20 Paragraph 400.3(3)(c) of the Criminal Code Omit "proceeds of crime", substitute "proceeds of indictable crime". 21 After subsection 400.3(3) of the Criminal Code Insert: (3A) A person commits an offence if: (a) the person engages in conduct in relation to money or other property; and (b) the money or property is proceeds of general crime; and (c) the person is negligent as to the fact that the money or property is proceeds of general crime; and (d) the conduct concealed or disguised any or all of the following: (i) the nature of the money or property; (ii) the value of the money or property; (iii) the source of the money or property; (iv) the location of the money or property; (v) any disposition of the money or property; (vi) any movement of the money or property; (vii) any rights in respect of the money or property; (viii) the identity of any person who has rights in respect of the money or property; (ix) the identity of any person who has effective control of the money or property; and (e) when the conduct occurs, the value of the money and other property is $1,000,000 or more. Penalty: Imprisonment for 5 years, or 300 penalty units, or both. (3B) A person commits an offence if: (a) on 2 or more occasions, the person engages in conduct in relation to money or other property; and (b) for each occasion, the money or property is proceeds of general crime; and (c) for each occasion, the person is negligent as to the fact that the money or property is proceeds of general crime; and (d) for each occasion, the conduct concealed or disguised any or all of the following: (i) the nature of the money or property; (ii) the value of the money or property; (iii) the source of the money or property; (iv) the location of the money or property; (v) any disposition of the money or property; (vi) any movement of the money or property; (vii) any rights in respect of the money or property; (viii) the identity of any person who has rights in respect of the money or property; (ix) the identity of any person who has effective control of the money or property; and (e) the sum of the values of the money and other property (where each value is worked out as at the time when the relevant conduct occurred) is $1,000,000 or more. Penalty: Imprisonment for 5 years, or 300 penalty units, or both. 22 Before subsection 400.3(4) of the Criminal Code Insert: Absolute liability 23 Subsection 400.3(4) of the Criminal Code Omit "(2)(d) and (3)(d)", substitute "(1A)(d), (1B)(d), (2)(d), (2A)(e), (2B)(e), (3)(d), (3A)(e) and (3B)(e)". 24 Section 400.4 (heading) Omit "Dealing in proceeds of crime", substitute "Proceeds of crime". 25 Before subsection 400.4(1) of the Criminal Code Insert: Tier 1 offences 26 Subparagraph 400.4(1)(b)(i) of the Criminal Code Omit "proceeds of crime", substitute "proceeds of indictable crime". 27 After subsection 400.4(1) of the Criminal Code Insert: (1A) A person commits an offence if: (a) the person engages in conduct in relation to money or other property; and (b) the money or property is, and the person believes it to be, proceeds of general crime; and (c) the conduct concealed or disguised any or all of the following: (i) the nature of the money or property; (ii) the value of the money or property; (iii) the source of the money or property; (iv) the location of the money or property; (v) any disposition of the money or property; (vi) any movement of the money or property; (vii) any rights in respect of the money or property; (viii) the identity of any person who has rights in respect of the money or property; (ix) the identity of any person who has effective control of the money or property; and (d) when the conduct occurs, the value of the money and other property is $100,000 or more. Penalty: Imprisonment for 20 years, or 1200 penalty units, or both. (1B) A person commits an offence if: (a) on 2 or more occasions, the person engages in conduct in relation to money or other property; and (b) for each occasion, the money or property is, and the person believes it to be, proceeds of general crime; and (c) for each occasion, the conduct concealed or disguised any or all of the following: (i) the nature of the money or property; (ii) the value of the money or property; (iii) the source of the money or property; (iv) the location of the money or property; (v) any disposition of the money or property; (vi) any movement of the money or property; (vii) any rights in respect of the money or property; (viii) the identity of any person who has rights in respect of the money or property; (ix) the identity of any person who has effective control of the money or property; and (d) the sum of the values of the money and other property (where each value is worked out as at the time when the relevant conduct occurred) is $100,000 or more. Penalty: Imprisonment for 20 years, or 1200 penalty units, or both. 28 Before subsection 400.4(2) of the Criminal Code Insert: Tier 2 offences 29 Subparagraph 400.4(2)(b)(i) of the Criminal Code Omit "proceeds of crime", substitute "proceeds of indictable crime". 30 Paragraph 400.4(2)(c) of the Criminal Code Omit "proceeds of crime", substitute "proceeds of indictable crime". 31 After subsection 400.4(2) of the Criminal Code Insert: (2A) A person commits an offence if: (a) the person engages in conduct in relation to money or other property; and (b) the money or property is proceeds of general crime; and (c) the person is reckless as to the fact that the money or property is proceeds of general crime; and (d) the conduct concealed or disguised any or all of the following: (i) the nature of the money or property; (ii) the value of the money or property; (iii) the source of the money or property; (iv) the location of the money or property; (v) any disposition of the money or property; (vi) any movement of the money or property; (vii) any rights in respect of the money or property; (viii) the identity of any person who has rights in respect of the money or property; (ix) the identity of any person who has effective control of the money or property; and (e) when the conduct occurs, the value of the money and other property is $100,000 or more. Penalty: Imprisonment for 10 years, or 600 penalty units, or both. (2B) A person commits an offence if: (a) on 2 or more occasions, the person engages in conduct in relation to money or other property; and (b) for each occasion, the money or property is proceeds of general crime; and (c) for each occasion, the person is reckless as to the fact that the money or property is proceeds of general crime; and (d) for each occasion, the conduct concealed or disguised any or all of the following: (i) the nature of the money or property; (ii) the value of the money or property; (iii) the source of the money or property; (iv) the location of the money or property; (v) any disposition of the money or property; (vi) any movement of the money or property; (vii) any rights in respect of the money or property; (viii) the identity of any person who has rights in respect of the money or property; (ix) the identity of any person who has effective control of the money or property; and (e) the sum of the values of the money and other property (where each value is worked out as at the time when the relevant conduct occurred) is $100,000 or more. Penalty: Imprisonment for 10 years, or 600 penalty units, or both. 32 Before subsection 400.4(3) of the Criminal Code Insert: Tier 3 offences 33 Subparagraph 400.4(3)(b)(i) of the Criminal Code Omit "proceeds of crime", substitute "proceeds of indictable crime". 34 Paragraph 400.4(3)(c) of the Criminal Code Omit "proceeds of crime", substitute "proceeds of indictable crime". 35 After subsection 400.4(3) of the Criminal Code Insert: (3A) A person commits an offence if: (a) the person engages in conduct in relation to money or other property; and (b) the money or property is proceeds of general crime; and (c) the person is negligent as to the fact that the money or property is proceeds of general crime; and (d) the conduct concealed or disguised any or all of the following: (i) the nature of the money or property; (ii) the value of the money or property; (iii) the source of the money or property; (iv) the location of the money or property; (v) any disposition of the money or property; (vi) any movement of the money or property; (vii) any rights in respect of the money or property; (viii) the identity of any person who has rights in respect of the money or property; (ix) the identity of any person who has effective control of the money or property; and (e) when the conduct occurs, the value of the money and other property is $100,000 or more. Penalty: Imprisonment for 4 years, or 240 penalty units, or both. (3B) A person commits an offence if: (a) on 2 or more occasions, the person engages in conduct in relation to money or other property; and (b) for each occasion, the money or property is proceeds of general crime; and (c) for each occasion, the person is negligent as to the fact that the money or property is proceeds of general crime; and (d) for each occasion, the conduct concealed or disguised any or all of the following: (i) the nature of the money or property; (ii) the value of the money or property; (iii) the source of the money or property; (iv) the location of the money or property; (v) any disposition of the money or property; (vi) any movement of the money or property; (vii) any rights in respect of the money or property; (viii) the identity of any person who has rights in respect of the money or property; (ix) the identity of any person who has effective control of the money or property; and (e) the sum of the values of the money and other property (where each value is worked out as at the time when the relevant conduct occurred) is $100,000 or more. Penalty: Imprisonment for 4 years, or 240 penalty units, or both. 36 Before subsection 400.4(4) of the Criminal Code Insert: Absolute liability 37 Subsection 400.4(4) of the Criminal Code Omit "(2)(d) and (3)(d)", substitute "(1A)(d), (1B)(d), (2)(d), (2A)(e), (2B)(e), (3)(d), (3A)(e) and (3B)(e)". 38 Section 400.5 (heading) Omit "Dealing in proceeds of crime", substitute "Proceeds of crime". 39 Subparagraph 400.5(1)(b)(i) of the Criminal Code Omit "proceeds of crime", substitute "proceeds of indictable crime". 40 Subparagraph 400.5(2)(b)(i) of the Criminal Code Omit "proceeds of crime", substitute "proceeds of indictable crime". 41 Paragraph 400.5(2)(c) of the Criminal Code Omit "proceeds of crime", substitute "proceeds of indictable crime". 42 Subparagraph 400.5(3)(b)(i) of the Criminal Code Omit "proceeds of crime", substitute "proceeds of indictable crime". 43 Paragraph 400.5(3)(c) of the Criminal Code Omit "proceeds of crime", substitute "proceeds of indictable crime". 44 Section 400.6 (heading) Omit "Dealing in proceeds of crime", substitute "Proceeds of crime". 45 Subparagraph 400.6(1)(b)(i) of the Criminal Code Omit "proceeds of crime", substitute "proceeds of indictable crime". 46 Subparagraph 400.6(2)(b)(i) of the Criminal Code Omit "proceeds of crime", substitute "proceeds of indictable crime". 47 Paragraph 400.6(2)(c) of the Criminal Code Omit "proceeds of crime", substitute "proceeds of indictable crime". 48 Subparagraph 400.6(3)(b)(i) of the Criminal Code Omit "proceeds of crime", substitute "proceeds of indictable crime". 49 Paragraph 400.6(3)(c) of the Criminal Code Omit "proceeds of crime", substitute "proceeds of indictable crime". 50 Section 400.7 (heading) Omit "Dealing in proceeds of crime", substitute "Proceeds of crime". 51 Subparagraph 400.7(1)(b)(i) of the Criminal Code Omit "proceeds of crime", substitute "proceeds of indictable crime". 52 Subparagraph 400.7(2)(b)(i) of the Criminal Code Omit "proceeds of crime", substitute "proceeds of indictable crime". 53 Paragraph 400.7(2)(c) of the Criminal Code Omit "proceeds of crime", substitute "proceeds of indictable crime". 54 Subparagraph 400.7(3)(b)(i) of the Criminal Code Omit "proceeds of crime", substitute "proceeds of indictable crime". 55 Paragraph 400.7(3)(c) of the Criminal Code Omit "proceeds of crime", substitute "proceeds of indictable crime". 56 Section 400.8 (heading) Omit "Dealing in proceeds of crime", substitute "Proceeds of crime". 57 Subparagraph 400.8(1)(b)(i) of the Criminal Code Omit "proceeds of crime", substitute "proceeds of indictable crime". 58 Subparagraph 400.8(2)(b)(i) of the Criminal Code Omit "proceeds of crime", substitute "proceeds of indictable crime". 59 Paragraph 400.8(2)(c) of the Criminal Code Omit "proceeds of crime", substitute "proceeds of indictable crime". 60 Subparagraph 400.8(3)(b)(i) of the Criminal Code Omit "proceeds of crime", substitute "proceeds of indictable crime". 61 Paragraph 400.8(3)(c) of the Criminal Code Omit "proceeds of crime", substitute "proceeds of indictable crime". 62 Before subsection 400.9(1) of the Criminal Code Insert: (1AA) A person commits an offence if: (a) the person deals with money or other property; and (b) it is reasonable to suspect that the money or property is proceeds of indictable crime; and (c) at the time of the dealing, the value of the money and other property is $10,000,000 or more. Penalty: Imprisonment for 5 years, or 300 penalty units, or both. (1AB) A person commits an offence if: (a) the person deals with money or other property; and (b) it is reasonable to suspect that the money or property is proceeds of indictable crime; and (c) at the time of the dealing, the value of the money and other property is $1,000,000 or more. Penalty: Imprisonment for 4 years, or 240 penalty units, or both. 63 Paragraph 400.9(1)(b) of the Criminal Code Omit "proceeds of crime", substitute "proceeds of indictable crime". 64 Paragraph 400.9(1A)(b) of the Criminal Code Omit "proceeds of crime", substitute "proceeds of indictable crime". 65 Subsection 400.9(2) of the Criminal Code Omit "Without limiting paragraph (1)(b) or (1A)(b), that paragraph is taken to be satisfied if:", substitute "For the purposes of this section, it is taken to be reasonable to suspect that money or other property is proceeds of indictable crime if:". 66 Paragraph 400.9(2)(a) of the Criminal Code Omit "referred to in paragraph (1)(a)", substitute "constituting the offence". 67 Subsection 400.9(4) of the Criminal Code Before "(1)(b)", insert "(1AA)(b) and (c), (1AB)(b) and (c),". 68 Subsection 400.10(1) of the Criminal Code Before "400.3", insert "400.2B,". 69 Subsection 400.10(1) of the Criminal Code After "400.9", insert "(other than an offence against a proceeds of general crime offence provision)". 70 After paragraph 400.10(1)(a) of the Criminal Code Insert: (aa) in a case where the dealing continued during a period—the person had that belief throughout that period; and 71 Subsection 400.10(1) of the Criminal Code (example) Omit "proceeds of crime" (wherever occurring), substitute "proceeds of indictable crime". 72 After subsection 400.10(1) of the Criminal Code Insert: (1A) A person is not criminally responsible for an offence against a proceeds of general crime offence provision that relates to engaging in conduct in relation to money or property if: (a) at or before the time of engaging in the conduct, the person considered what was the value of the money or property, and was under a mistaken but reasonable belief about that value; and (b) in a case where the conduct continued during a period—the person had that belief throughout that period; and (c) had the value been what the person believed it to be, the person's conduct would have constituted another offence against this Division for which the maximum penalty, in penalty units, is less than the maximum penalty, in penalty units, for the offence charged. Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3)). 73 At the end of section 400.11 of the Criminal Code Add: ; (h) whether an offence is a foreign offence. 74 Subsection 400.12(1) After "this Division"(whenever occurring), insert "(other than a proceeds of general crime offence provision)". 75 Subsection 400.13(1) of the Criminal Code Repeal the subsection, substitute: (1) To avoid doubt, it is not necessary, in order to prove for the purposes of this Division that money or property is proceeds of general crime, to establish that: (a) a particular offence, or an offence of a particular kind, was committed in relation to the money or property; or (b) a particular person committed an offence, or an offence of a particular kind, in relation to the money or property. (1A) To avoid doubt, it is not necessary, in order to prove for the purposes of this Division that money or property is proceeds of indictable crime covered by paragraph (a) of the definition of proceeds of indictable crime in subsection 400.1(1), to establish that a particular person committed an offence in relation to the money or property. (1B) To avoid doubt, it is not necessary, in order to prove for the purposes of this Division that money or property is proceeds of indictable crime covered by paragraph (b) of the definition of proceeds of indictable crime in subsection 400.1(1), to establish that: (a) a particular offence was committed in relation to the money or property; or (b) a particular person committed an offence in relation to the money or property. 76 After section 400.14 of the Criminal Code Insert: 400.14A Recklessness as to nature of money or property sufficient for offence of attempt to commit an offence against certain provisions of this Part (1) Despite subsection 11.1(3), for the offence of attempting to commit an offence against any of the following provisions: (a) subsection 400.2B(4); (b) subsection 400.2B(5); (c) subsection 400.2B(6); (d) subsection 400.2B(7); (e) subsection 400.2B(8); (f) subsection 400.2B(9); (g) subsection 400.3(2); (h) subsection 400.3(2A); (i) subsection 400.3(2B); (j) subsection 400.3(3); (k) subsection 400.3(3A); (l) subsection 400.3(3B); (m) subsection 400.4(2); (n) subsection 400.4(2A); (o) subsection 400.4(2B); (p) subsection 400.4(3); (q) subsection 400.4(3A); (r) subsection 400.4(3B); (s) subsection 400.5(2); (t) subsection 400.5(3); (u) subsection 400.6(2); (v) subsection 400.6(3); (w) subsection 400.7(2); (x) subsection 400.7(3); (y) subsection 400.8(2); (z) subsection 400.8(3); recklessness is the fault element in relation to whichever of the following is a physical element of the offence attempted: (za) that money or property is proceeds of indictable crime; (zb) that money or property is proceeds of general crime. Note: Proof of intention, knowledge or recklessness will satisfy a fault element of recklessness: see subsection 5.4(4) 77 Paragraph 400.15(1)(b) of the Criminal Code Before "the conduct", insert "except in the case of an alleged offence against a proceeds of general crime offence provision—". 78 Subparagraph 400.15(1)(b)(i) of the Criminal Code Omit "proceeds of crime", substitute "proceeds of indictable crime". 79 After paragraph 400.15(1)(b) of the Criminal Code Insert: (ba) in the case of an alleged offence against a proceeds of general crime offence provision: (i) the conduct constituting the alleged offence occurs wholly outside Australia (but not on board an Australian aircraft or an Australian ship); and (ii) the money or other property is proceeds of general crime in relation to an offence against a law of the Commonwealth, an offence against a law of a State, an offence against a law of the Australian Capital Territory or an offence against a law of the Northern Territory; or Division 2—Application of amendments 80 Application of amendments The amendments made by this Part, so far as they relate to: (a) a dealing with money or other property; or (b) other conduct engaged in by a person; apply in relation to a dealing with money or other property, or other conduct engaged in by a person, as the case requires, that occurs after the commencement of this item. Part 2—Amendments contingent on the commencement of the Anti‑Money Laundering and Counter‑Terrorism Financing and Other Legislation Amendment Act 2020 Division 1—Amendments Criminal Code Act 1995 81 Section 400.10A of the Criminal Code (at the end of the heading) Add "—proceeds of indictable crime". 82 Subsection 400.10A(1) of the Criminal Code After "against section", insert "400.2B,". 83 Subsection 400.10A(1) of the Criminal Code After "400.8", insert "(other than an offence against a proceeds of general crime offence provision)". 84 Subsection 400.10A(1) of the Criminal Code Omit "proceeds of crime", substitute "proceeds of indictable crime". 85 After section 400.10A of the Criminal Code) Insert: 400.10B Effect of money or property being provided as part of a controlled operation—proceeds of general crime (1) In a prosecution for an offence against a proceeds of general crime offence provision by a person in relation to the person engaging in conduct in relation to money or other property, it is not necessary to prove that the money or property is proceeds of general crime if it is proved that, as part of a controlled operation in relation to suspected offences against this Division, either of the following provided the money or property: (a) a law enforcement participant in the controlled operation; (b) a civilian participant in the controlled operation, acting in accordance with the instructions of a law enforcement officer. (2) In this section: civilian participant in a controlled operation has the meaning given by Part IAB of the Crimes Act 1914. controlled operation has the meaning given by Part IAB of the Crimes Act 1914. Division 2—Application of amendments 86 Application of amendments (1) The amendments of section 400.10A of the Criminal Code made by this Part apply in relation to a dealing with money or other property that occurs after the commencement of this item. (2) Section 400.10B of the Criminal Code (as inserted by this Part) applies in relation to conduct engaged in by a person in relation to money or other property after the commencement of this item. Schedule 2—Investigation of Commonwealth offences Crimes Act 1914 1 Subsection 23B(1) Insert: designated official means: (a) a member or special member of the Australian Federal Police; or (b) a member of the police force of a State or Territory; or (c) a person who holds an office the functions of which include the investigation of Commonwealth offences and who is empowered by a law of the Commonwealth because of the holding of that office to make arrests in respect of such offences. 2 Subsection 23B(1) (paragraph (a) of the definition of investigating official) After "Australian Federal Police", insert "(other than a member or special member of the Australian Federal Police who is engaged in covert investigations under the orders of a superior)". 3 Subsection 23B(1) (paragraph (b) of the definition of investigating official) After "Territory", insert "(other than a member of the police force of a State or Territory who is engaged in covert investigations under the orders of a superior)". 4 Subsection 23B(1) (at the end of paragraph (c) of the definition of investigating official) Add "(other than a person who is engaged in covert investigations under the orders of a superior)". 5 Paragraph 23B(4)(a) Omit "an investigating official", substitute "a designated official". 6 Subsection 23V(3) Repeal the subsection. Schedule 3—Buy‑backs Part 1—Amendments Proceeds of Crime Act 2002 1 Section 57 Repeal the section, substitute: 57 Court may make orders relating to buying back forfeited property (1) If: (a) a court makes a *forfeiture order against property; and (b) a person who claims to have had an *interest in the property before the forfeiture order was made has made an application under section 57A for an order under this section; and (c) the court is satisfied that the person had the interest immediately before the forfeiture order was made; and (d) the court is satisfied that the person is not a *suspect in relation to the forfeiture order; and (e) in a case where the property was covered by a *restraining order when the forfeiture order was made—the court is satisfied that the person is not a suspect in relation to the restraining order; and (f) in a case where the forfeiture order was made under section 47 or 48—the court is satisfied that, when the conduct that is the subject of the forfeiture order occurred, the person had no knowledge of the conduct; and (g) in a case where the property was *proceeds of an offence or an *instrument of an offence—the court is satisfied that, when the property became proceeds of an offence or an instrument of an offence, the person had no knowledge of the conduct constituting the offence; and (h) the court is satisfied that, if the interest were to be transferred to the person under section 89: (i) the amount paid to the Commonwealth under paragraph 89(1)(c) would not be property that is covered by subsection (6); and (ii) if the whole or a part of the amount paid to the Commonwealth under paragraph 89(1)(c) would be borrowed by the person under a loan—the person's financial circumstances are such that the person will be able to repay the loan, meet the person's eligible living expenses and meet any eligible debts of the person, using property that is not covered by subsection (6); and (i) the court is satisfied that: (i) it would not be contrary to the public interest for the interest to be transferred to the person; and (ii) there is no other reason why the interest should not be transferred to the person; the court may make an order: (j) declaring the nature, extent and value (as at the time when the order is made under this subsection) of the interest; and (k) declaring that the interest may be excluded, under section 89, from the operation of the forfeiture order. Note: Money can be property. (2) For the purposes of this section, it is immaterial whether the loan mentioned in subparagraph (1)(h)(ii) was made under an arrangement entered into before or after the application mentioned in paragraph (1)(b) was made. (3) For the purposes of this section, loan includes anything that may reasonably be regarded as equivalent to a loan, and borrow has a corresponding meaning. (4) For the purposes of this section, each of the following are eligible living expenses of the person: (a) the person's reasonable living expenses; (b) the reasonable living expenses of any of the *dependants of the person; (c) the reasonable business expenses of the person. (5) For the purposes of this section, an eligible debt of the person is a debt incurred in good faith by the person. (6) This subsection covers any of the following property: (a) property that is wholly or partly derived or realised by the person, directly or indirectly, from *unlawful activity; (b) property that is used in, or in connection with, the commission of unlawful activity; (c) property that is intended to be used in, or in connection with, the commission of unlawful activity. 57A Applying for an order under section 57 Before a forfeiture order has been made (1) A person may apply to a court for an order under section 57 in relation to an *interest in property if an application for a *forfeiture order that could specify property in which the person claims that interest has been made to the court, but the forfeiture order is yet to be made. After a forfeiture order has been made (2) A person who claims to have had an *interest in property specified in a *forfeiture order immediately before the forfeiture order was made may, at any time after the forfeiture order is made, apply to the court that made the forfeiture order for an order under section 57 in relation to the interest. (3) However, unless the court gives leave, the person cannot apply under subsection (2) if the person: (a) was notified of the application for the *forfeiture order, but did not make an application under subsection (1) before the forfeiture order was made; or (b) appeared at the hearing of the application for the forfeiture order. (4) The court may give the person leave to apply under subsection (2) if the court is satisfied that: (a) if the person was notified of the application for the *forfeiture order, but did not make an application under subsection (1) before the forfeiture order was made—the person had a good reason for not making an application under subsection (1) before the forfeiture order was made; or (b) in any case: (i) the person now has evidence relevant to the making of the section 57 order that was not available to the person at the time the forfeiture order was made; or (ii) there are other special grounds for granting the leave. (5) However, the court must not hear an application under subsection (2) if: (a) the *Official Trustee has taken any action in relation to the property under section 70; and (b) it would not be practicable for the court to make an order in relation to the interest under section 57. Other matters (6) An applicant under subsection (1) or (2) must give written notice to the *responsible authority of both the application and the grounds on which the order is sought. (7) The *responsible authority may appear and adduce evidence at the hearing of an application under subsection (1) or (2). (8) To avoid doubt, the *responsible authority may represent the Commonwealth in proceedings relating to an application under subsection (1) or (2). (9) The *responsible authority must give an applicant under subsection (1) or (2) notice of any grounds on which it proposes to contest the application. However, the authority need not do so until it has had a reasonable opportunity to conduct *examinations in relation to the application. (10) An application under subsection (1) or (2) must not be heard until the *responsible authority has had a reasonable opportunity to conduct *examinations in relation to the application. 2 Section 103 Repeal the section, substitute: 103 Court may make orders relating to buying back forfeited property (1) If property is forfeited to the Commonwealth under section 92, the court that made the *restraining order referred to in paragraph 92(1)(b) may, if: (a) a person who claims to have had an *interest in the property before the forfeiture has made an application under section 104A for an order under this section; and (b) the court is satisfied that the person had the interest immediately before the forfeiture; and (c) the court is satisfied that the person is not a *suspect in relation to the restraining order; and (d) the court is satisfied that, at the time when the offence mentioned in paragraph 92(1)(a) was committed, the person did not have knowledge of the conduct constituting the offence; and (e) in a case where the property was *proceeds of an offence or an *instrument of an offence—the court is satisfied that, when the property became proceeds of an offence or an instrument of an offence, the person had no knowledge of the conduct constituting the offence; and (f) the court is satisfied that, if the interest were to be transferred to the person under section 105: (i) the amount paid to the Commonwealth under paragraph 105(1)(c) would not be property that is covered by subsection (6); and (ii) if the whole or a part of the amount paid to the Commonwealth under paragraph 105(1)(c) would be borrowed by the person under a loan—the person's financial circumstances are such that the person will be able to repay the loan, meet the person's eligible living expenses and meet any eligible debts of the person, using property that is not covered by subsection (6); and (g) the court is satisfied that: (i) it would not be contrary to the public interest for the interest to be transferred to the person; and (ii) there is no other reason why the interest should not be transferred to the person; make an order: (h) declaring the nature, extent and value (as at the time when the order is made under this subsection) of the interest; and (i) declaring that the forfeiture ceases to operate in relation to the interest if payment is made under section 105. Note: Money can be property. (2) For the purposes of this section, it is immaterial whether the loan mentioned in subparagraph (1)(f)(ii) was made under an arrangement entered into before or after the application mentioned in paragraph (1)(a) was made. (3) For the purposes of this section, loan includes anything that may reasonably be regarded as equivalent to a loan, and borrow has a corresponding meaning. (4) For the purposes of this section, each of the following are eligible living expenses of the person: (a) the person's reasonable living expenses; (b) the reasonable living expenses of any of the *dependants of the person; (c) the reasonable business expenses of the person. (5) For the purposes of this section, an eligible debt of the person is a debt incurred in good faith by the person. (6) This subsection covers any of the following property: (a) property that is wholly or partly derived or realised by the person, directly or indirectly, from *unlawful activity; (b) property that is used in, or in connection with, the commission of unlawful activity; (c) property that is intended to be used in, or in connection with, the commission of unlawful activity. 3 Section 104 (heading) Omit "orders under section 102 or 103", substitute "an order under section 102". 4 Subsection 104(1) Omit "or 103". 5 After section 104 Insert: 104A Applying for an order under section 103 (1) A person who claims an *interest in property covered by a *restraining order referred to in paragraph 92(1)(b) may apply to the court that made the restraining order for an order under section 103 at any time. (2) However, if the property has already been forfeited under section 92, the person cannot, unless the court gives leave, apply under subsection (1) of this section if the person: (a) either: (i) was given a notice under subsection 92A(1) in relation to the property; or (ii) was not given such a notice because of subsection 92A(2); and (b) did not make the application under subsection (1) of this section before that forfeiture. (3) The court may give the person leave to apply if the court is satisfied that: (a) the person had a good reason for not making the application before that forfeiture; or (b) the person now has evidence relevant to the application that was not available before that forfeiture; or (c) there are special grounds for granting the leave. (4) However, the court must not hear an application under subsection (1) if: (a) the *Official Trustee has taken any action in relation to the property under section 100; and (b) it would not be practicable for the court to make an order in relation to the interest under section 103. (5) The person must give written notice to the *responsible authority of both the application and the grounds on which the order is sought. (6) The *responsible authority may appear and adduce evidence at the hearing of the application. (7) To avoid doubt, the *responsible authority may represent the Commonwealth in proceedings relating to an application under subsection (1). (8) The *responsible authority must give the applicant notice of any grounds on which it proposes to contest the application. However, the authority need not do so until it has had a reasonable opportunity to conduct *examinations in relation to the application. (9) The application must not be heard until the *responsible authority has had a reasonable opportunity to conduct *examinations in relation to the application. 6 After section 181 Insert: 181A Examination orders relating to applications under section 57A (1) If an application for an order under section 57 (which deals with buying back forfeited property) is made under section 57A in relation to property that is the subject of a *forfeiture order, the court to which the application is made may make an order (an examination order) for the *examination of any person including: (a) the person who made the application; or (b) a person who is a *suspect in relation to the forfeiture order; or (c) in a case where the property was covered by a *restraining order when the forfeiture order was made—a person who is a suspect in relation to the restraining order; or (d) the spouse or *de facto partner of a person referred to in paragraph (a), (b) or (c); about the *affairs of a person referred to in paragraph (a), (b), (c) or (d). (2) The *examination order ceases to have effect when: (a) the application is withdrawn; or (b) the court makes a decision on the application. 181B Examination orders relating to applications under section 104A (1) If an application for an order under section 103 (which deals with buying back forfeited property) is made under section 104A in relation to property, the court to which the application is made may make an order (an examination order) for the *examination of any person including: (a) the person who made the application; or (b) a person who is a *suspect in relation to the *restraining order mentioned in section 103; or (c) the spouse or *de facto partner of a person referred to in paragraph (a) or (b); about the *affairs of a person referred to in paragraph (a), (b) or (c). (2) The *examination order ceases to have effect when: (a) the application is withdrawn; or (b) the court makes a decision on the application. 7 At the end of subsection 187(4) Add: ; or (c) if the examination relates to an application for an order under section 57 and the person is no longer a person whose affairs can, under section 181A, be subject to the examination; or (d) if the examination relates to an application for an order under section 103 and the person is no longer a person whose affairs can, under section 181B, be subject to the examination. 8 Paragraph 187(5)(b) Omit "or 181", substitute ", 181, 181A or 181B". 9 After paragraph 202(5)(eb) Insert: (ec) a document relevant to determining whether, in a case where a person has made an application under section 57A for an order under section 57 in relation to an *interest in property: (i) the amount paid to the Commonwealth under paragraph 89(1)(c) would not be property that is covered by subsection 57(6); and (ii) if the whole or a part of the amount paid to the Commonwealth under paragraph 89(1)(c) would be borrowed by the person under a loan—the person's financial circumstances are such that the person will be able to repay the loan, meet the person's eligible living expenses and meet any eligible debts of the person, using property that is not covered by subsection 57(6); and (ed) a document relevant to determining whether, in a case where a person has made an application under section 104A for an order under section 103 in relation to an interest in property: (i) the amount paid to the Commonwealth under paragraph 105(1)(c) would not be property that is covered by subsection 103(6); and (ii) if the whole or a part of the amount pa