232Dealing with suspicious property

232 Dealing with suspicious property and (b) it is reasonable to suspect that the money or other property is proceeds of crime. (3) It is a defence to a prosecution for an offence against subsection (1) if the defendant had no reasonable grounds for suspecting that the money or other property was derived or realised, directly or indirectly, from some unlawful activity. (4) The defendant has a legal burden of proof in relation to the matter mentioned in subsection (3). (5) For subsection (1)(b), it is taken to be reasonable to suspect that money or other property is proceeds of crime if: (a) the conduct mentioned in subsection (1)(a) involves a number of transactions that are structured or arranged to avoid the reporting requirements of the Financial Transaction Reports Act 1988 (Cth) that would otherwise apply to the transactions; or (b) the conduct mentioned in subsection (1)(a) involves a number of transactions that are structured or arranged to avoid the reporting requirements of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) that would otherwise apply to the transactions; or (c) the conduct mentioned in subsection (1)(a) involves the use of one or more accounts held with ADIs in false names; or

Criminal Code Act 1983 232 (d) the conduct mentioned in subsection (1)(a) amounts to an offence against section 139, 140 or 141 of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth); or (e) the value of the money and property involved in the conduct mentioned in subsection (1)(a) is, in the opinion of the trier of fact, grossly out of proportion to the defendant's income and expenditure over a reasonable period within which the conduct occurs; or (f) the conduct mentioned in subsection (1)(a) involves a significant cash transaction within the meaning of the Financial Transaction Reports Act 1988 (Cth), and the defendant: (i) contravened the defendant's obligations under that Act relating to reporting the transaction; or (ii) gave false or misleading information in purported compliance with those obligations; or (g) the conduct mentioned in subsection (1)(a) involves a threshold transaction within the meaning of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), and the defendant: (i) has contravened the defendant's obligations under that Act relating to reporting the transaction; or (ii) has given false or misleading information in purported compliance with those obligations; or (h) the defendant: (i) has stated that the conduct mentioned in subsection (1)(a) was engaged in on behalf of or at the request of another person; and (ii) has not provided information enabling the other person to be identified and located. Note for subsection (5) Subsection (5) is not an exhaustive list of circumstances.

Criminal Code Act 1983 233