143Conducting transfers to avoid reporting requirements relating to cross‑border movements of monetary instruments

#### 143 Conducting transfers to avoid reporting requirements relating to cross‑border movements of monetary instruments (1) A person (the first person) commits an offence if: (a) 2 or more non‑reportable cross‑border movements of monetary instruments are conducted, where each movement was either conducted, or was caused to be conducted, by the first person; and (b) having regard to: (i) the manner and form in which the movements were conducted, including the matters to which subsection (3) applies; and (ii) any explanation made by the first person as to the manner or form in which the movements were conducted; it would be reasonable to conclude that the first person conducted the movements, or caused the movements to be conducted, as the case may be, in that manner or form for the sole or dominant purpose of ensuring, or attempting to ensure, that no report in relation to the monetary instruments involved in the movements would be made under section 53. Penalty: Imprisonment for 5 years or 300 penalty units, or both. (2) Subsection (1) does not apply if the first person proves that the first person did not conduct the movements, or cause the movements to be conducted, as the case may be, for the sole or dominant purpose of ensuring, or attempting to ensure, that no report in relation to the monetary instruments involved in the movements would be made under section 53. > Note: A defendant bears a legal burden in relation to the matters in subsection (2)—see section 13.4 of the Criminal Code. (3) This subsection applies to the following matters: (a) for each movement of the one or more monetary instruments—the sum of the monetary instrument amounts; (b) the total of the amounts applicable under paragraph (a) for the movements; (c) the period of time over which the movements occurred; (d) the interval of time between any of the movements; (e) the locations at which the movements were initiated or conducted.