(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 $50,000 or more.
Penalty: Imprisonment for 7 years, or 420 penalty units, or both.
(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 $50,000 or more.
Penalty: Imprisonment for 3 years, or 180 penalty units, or both.
(4) Absolute liability applies to paragraphs (1)(c), (2)(d) and (3)(d).
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.
400.6 Proceeds of crime etc.—money or property worth $10,000 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 $10,000 or more.
Penalty: Imprisonment for 10 years, or 600 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
(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 $10,000 or more.
Penalty: Imprisonment for 5 years, or 300 penalty units, or both.
(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 $10,000 or more.
Penalty: Imprisonment for 2 years, or 120 penalty units, or both.
(4) Absolute liability applies to paragraphs (1)(c), (2)(d) and (3)(d).
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.
400.7 Proceeds of crime etc.—money or property worth $1,000 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 $1,000 or more.
Penalty: Imprisonment for 5 years, or 300 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
(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 or more.
Penalty: Imprisonment for 2 years, or 120 penalty units, or both.
(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 or more.
Penalty: Imprisonment for 12 months, or 60 penalty units, or both.
(4) Absolute liability applies to paragraphs (1)(c), (2)(d) and (3)(d).
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.
400.8 Proceeds of crime etc.—money or property of any value
(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.
Penalty: Imprisonment for 12 months, or 60 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
(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).
Penalty: Imprisonment for 6 months, or 30 penalty units, or both.
(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).
Penalty: 10 penalty units.
Note: 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.
400.9 Dealing with property reasonably suspected of being proceeds of crime etc.
(1AA) A person commits an offence if:
(a) the person deals with money or other property; and
(b) it is reasonable to suspect that the money or property is proceeds of indictable crime; and
(c) at the time of the dealing, the value of the money and other property is $10,000,000 or more.
Penalty: Imprisonment for 5 years, or 300 penalty units, or both.
(1AB) A person commits an offence if:
(a) the person deals with money or other property; and
(b) it is reasonable to suspect that the money or property is proceeds of indictable 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 4 years, or 240 penalty units, or both.
(1) A person commits an offence if:
(a) the person deals with money or other property; and
(b) it is reasonable to suspect that the money or property is proceeds of indictable 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 3 years, or 180 penalty units, or both.
(1A) A person commits an offence if:
(a) the person deals with money or other property; and
(b) it is reasonable to suspect that the money or property is proceeds of indictable crime; and
(c) at the time of the dealing, the value of the money and other property is less than $100,000.
Penalty: Imprisonment for 2 years, or 120 penalty units, or both.
(2) For the purposes of this section, it is taken to be reasonable to suspect that money or other property is proceeds of indictable crime if:
(a) the conduct constituting the offence involves a number of transactions that are structured or arranged to avoid the reporting requirements of the repealed Financial Transaction Reports Act 1988 that would otherwise apply to the transactions; or
(aa) the conduct 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 that would otherwise apply to the transactions; or
(b) the conduct involves using one or more accounts held with ADIs in false names; or
(ba) the conduct amounts to an offence against section 139, 140 or 141 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006; or
(c) the value of the money and property involved in the conduct 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
(d) the conduct involves a significant cash transaction within the meaning of the repealed Financial Transaction Reports Act 1988, and the defendant:
(i) has contravened his or her obligations under that Act relating to reporting the transaction; or
(ii) has given false or misleading information in purported compliance with those obligations; or
(da) the conduct involves a threshold transaction (within the meaning of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006) 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
(e) the defendant:
(i) has stated that the conduct 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.
(4) Absolute liability applies to paragraphs (1AA)(b) and (c), (1AB)(b) and (c), (1)(b) and (c) and (1A)(b) and (c).
(5) This section does not apply if the defendant proves that he or she had no reasonable grounds for suspecting that the money or property was derived or realised, directly or indirectly, from some form of unlawful activity.
Note: A defendant bears a legal burden in relation to the matter in subsection (5) (see section 13.4).
400.10 Mistake of fact as to the value of money or property
(1) A person is not criminally responsible for an offence against section 400.2B, 400.3, 400.4, 400.5, 400.6, 400.7 or 400.9 (other than an offence against a proceeds of general crime offence provision) in relation to money or property if:
(a) at or before the time of dealing with the money or property, the person considered what was the value of the money or property, and was under a mistaken but reasonable belief about that value; and
(aa) in a case where the dealing continued during a period—the person had that belief throughout that period; and
(b) had the value been what the person believed it to be, the person’s conduct would have constituted another offence against this Division for which the maximum penalty, in penalty units, is less than the maximum penalty, in penalty units, for the offence charged.
Example: Assume that a person deals with money or property that is the proceeds of indictable crime. While the person believes it to be proceeds of indictable crime, he or she is under a mistaken but reasonable belief that it is worth $90,000 when it is in fact worth $120,000.
That belief is a defence to an offence against subsection 400.4(1) (which deals with money or property of a value of $100,000 or more). However, the person would commit an offence against subsection 400.5(1) (which deals with money or property of a value of $10,000 or more). Section 400.14 allows for an alternative verdict of guilty of an offence against subsection 400.5(1).
Note: A defendant bears an evidential burden in relation to the matter in subsection (1) (see subsection 13.3(3)).
(1A) A person is not criminally responsible for an offence against a proceeds of general crime offence provision that relates to engaging in conduct in relation to money or property if:
(a) at or before the time of engaging in the conduct, the person considered what was the value of the money or property, and was under a mistaken but reasonable belief about that value; and
(b) in a case where the conduct continued during a period—the person had that belief throughout that period; and
(c) had the value been what the person believed it to be, the person’s conduct would have constituted another offence against this Division for which the maximum penalty, in penalty units, is less than the maximum penalty, in penalty units, for the offence charged.
Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3)).
(2) A person may be regarded as having considered what the value of the money or property was if:
(a) he or she had considered, on a previous occasion, what the value of the money or property was in the circumstances surrounding that occasion; and
(b) he or she honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.
400.10A Effect of money or property being provided as part of a controlled operation—proceeds of indictable crime
(1) In a prosecution for an offence by a person against section 400.2B, 400.3, 400.4, 400.5, 400.6, 400.7 or 400.8 (other than an offence against a proceeds of general crime offence provision) in relation to the person dealing with money or other property, it is not necessary to prove that the money or property is proceeds of indictable crime if it is proved that, as part of a controlled operation in relation to suspected offences against this Division, either of the following provided the money or property:
(a) a law enforcement participant in the controlled operation;
(b) a civilian participant in the controlled operation, acting in accordance with the instructions of a law enforcement officer.
(2) In this section:
civilian participant in a controlled operation has the meaning given by Part IAB of the Crimes Act 1914.
controlled operation has the meaning given by Part IAB of the Crimes Act 1914.
law enforcement officer has the meaning given by subsection 3(1) of the Crimes Act 1914.
law enforcement participant in a controlled operation has the meaning given by Part IAB of the Crimes Act 1914.
400.10B Effect of money or property being provided as part of a controlled operation—proceeds of general crime
(1) In a prosecution for an offence against a proceeds of general crime offence provision by a person in relation to the person engaging in conduct in relation to money or other property, it is not necessary to prove that the money or property is proceeds of general crime if it is proved that, as part of a controlled operation in relation to suspected offences against this Division, either of the following provided the money or property:
(a) a law enforcement participant in the controlled operation;
(b) a civilian participant in the controlled operation, acting in accordance with the instructions of a law enforcement officer.
(2) In this section:
civilian participant in a controlled operation has the meaning given by Part IAB of the Crimes Act 1914.
controlled operation has the meaning given by Part IAB of the Crimes Act 1914.
400.11 Proof of certain matters relating to kinds of offences not required
In a prosecution for an offence against a provision of this Division, it is not necessary to prove the existence of any fault element in relation to any of the following:
(a) whether an offence may be dealt with as an indictable offence;
(b) whether an offence is an indictable offence;
(c) whether an offence is a Commonwealth indictable offence;
(d) whether an offence is a foreign indictable offence;
(e) whether an offence is a State indictable offence;
(f) whether an offence is an Australian Capital Territory indictable offence;
(g) whether an offence is a Northern Territory indictable offence;
(h) whether an offence is a foreign offence.
400.12 Combining several contraventions in a single charge
(1) A single charge of an offence against a provision of this Division (other than a proceeds of general crime offence provision) may be about 2 or more instances of the defendant engaging in conduct (at the same time or different times) that constitutes an offence against a provision of this Division (other than a proceeds of general crime offence provision).