Hon Nathan Guy, in Committee, to move the following amendment:
New Part 38A
To insert the following Part after Part 38 (after line 15 on page 42):
Sentencing Act 2002
135A Principal Act amended
This Part amends the Sentencing Act 2002.
The definition of instrument of crime in section 4(1) is amended by adding
“; and” and also by adding the following paragraph:
“(c) in relation to any property referred to in paragraphs (a) and (b), the proceeds of any disposition of that property or any other property into which that property is converted, after the commission of the qualifying instrument forfeiture offence, except to the extent provided otherwise by any order of a court under this Act or the Criminal Proceeds (Recovery) Act 2009, excluding any severable interest or granting relief”.
This Supplementary Order Paper amends the Statutes Amendment Bill to insert new Part 38A. The new Part amends the definition of an instrument of crime in the Sentencing Act 2002, to reconcile an inconsistency with the equivalent definition in the Criminal Proceeds (Recovery) Act 2009.