(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 $1,000,000 or more.
Penalty: Imprisonment for 25 years, or 1500 penalty units, or both.
(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.
Tier 2 offences
(2) 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 $1,000,000 or more.
Penalty: Imprisonment for 12 years, or 720 penalty units, or both.
(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.
Tier 3 offences
(3) 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 $1,000,000 or more.
Penalty: Imprisonment for 5 years, or 300 penalty units, or both.
(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.
Absolute liability
(4) Absolute liability applies to paragraphs (1)(c), (1A)(d), (1B)(d), (2)(d), (2A)(e), (2B)(e), (3)(d), (3A)(e) and (3B)(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.
400.4 Proceeds of crime etc.—money or property worth $100,000 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 $100,000 or more.
Penalty: Imprisonment for 20 years, or 1200 penalty units, or both.
(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.
Tier 2 offences
(2) 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 $100,000 or more.
Penalty: Imprisonment for 10 years, or 600 penalty units, or both.
(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.
Tier 3 offences
(3) 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 $100,000 or more.
Penalty: Imprisonment for 4 years, or 240 penalty units, or both.
(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.
Absolute liability
(4) Absolute liability applies to paragraphs (1)(c), (1A)(d), (1B)(d), (2)(d), (2A)(e), (2B)(e), (3)(d), (3A)(e) and (3B)(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.
400.5 Proceeds of crime etc.—money or property worth $50,000 or more
(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 $50,000 or more.
Penalty: Imprisonment for 15 years, or 900 penalty units, or both.
(2) 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