Proceeds of Crime (Amendment) Act 2005

Amendment of section 1 (interpretation) of Principal Act.

3

3.—Section 1 of the Principal Act is hereby amended—

( a) in subsection (1)—

(i) by the substitution of the following definitions for those of “the applicant”, “proceeds of crime”, “property” and “the respondent”:

“‘the applicant’ means a person, being a member, an authorised officer or the Criminal Assets Bureau, who has applied to the Court for the making of an interim order or an interlocutory order and, in relation to such an order that is in force, means, as appropriate, any member, any authorised officer or the Criminal Assets Bureau;

‘proceeds of crime’ means any property obtained or received at any time (whether before or after the passing of this Act) by or as a result of or in connection with criminal conduct;

‘property’, in relation to proceeds of crime, includes—

( a) money and all other property, real or personal, heritable or moveable,

( b) choses in action and other intangible or incorporeal property, and

( c) property situated outside the State where—

(i) the respondent is domiciled, resident or present in the State, and

(ii) all or any part of the criminal conduct concerned occurs therein,

and references to property shall be construed as including references to any interest in property;

‘the respondent’ means a person, wherever domiciled, resident or present, in respect of whom an interim order or interlocutory order, or an application for such an order, has been made and includes any person who, but for this Act, would become entitled, on the death of the first-mentioned person, to any property to which such an order relates (being an order that is in force and is in respect of that person);”,

and

(ii) by the insertion of the following definitions:

“‘consent disposal order’ means an order under section 3(1A) or 4A(1);

‘criminal conduct’ means any conduct—

( a) which constitutes an offence or more than one offence, or

( b) which occurs outside the State and which would constitute an offence or more than one offence—

(i) if it occurred within the State,

(ii) if it constituted an offence under the law of the state or territory concerned, and

(iii) if, at the time when an application is being made for an interim order or interlocutory order, any property obtained or received at any time (whether before or after the passing of this Act) by or as a result of or in connection with the conduct is situated within the State;”,

and

( b) by the insertion, after subsection (1), of the following:

“(1A) ( a) For the avoidance of doubt, a person shall be deemed for the purposes of this Act to be in possession or control of property notwithstanding that it (or any part of it)—

(i) is lawfully in the possession of any member of the Garda Síochána, any officer of the Revenue Commissioners or any other person, having been lawfully seized or otherwise taken by any such member, officer or person,

(ii) is subject to an interim order or interlocutory order or any other order of a court which—

(I) prohibits any person from disposing of or otherwise dealing with it or diminishing its value, or

(II) contains any conditions or restrictions in that regard,

or is to the like effect,

or

(iii) is subject to a letting agreement, the subject of a trust or otherwise occupied by another person or is inaccessible,

and references in this Act to the possession or control of property shall be construed accordingly.

( b) Paragraph ( a)(ii) is without prejudice to sections 11(2) and 13(2).”.