(a) a single charge is about 2 or more such instances; and
(b) the value of the money and other property dealt with is an element of the offence in question;
that value is taken to be the sum of the values of the money and other property dealt with in respect of each of those instances.
400.13 Proof of other offences is not required
(1) To avoid doubt, it is not necessary, in order to prove for the purposes of this Division that money or property is proceeds of general crime, to establish that:
(a) a particular offence, or an offence of a particular kind, was committed in relation to the money or property; or
(b) a particular person committed an offence, or an offence of a particular kind, in relation to the money or property.
(1A) To avoid doubt, it is not necessary, in order to prove for the purposes of this Division that money or property is proceeds of indictable crime covered by paragraph (a) of the definition of proceeds of indictable crime in subsection 400.1(1), to establish that a particular person committed an offence in relation to the money or property.
(1B) To avoid doubt, it is not necessary, in order to prove for the purposes of this Division that money or property is proceeds of indictable crime covered by paragraph (b) of the definition of proceeds of indictable crime in subsection 400.1(1), to establish that:
(a) a particular offence was committed in relation to the money or property; or
(b) a particular person committed an offence in relation to the money or property.
(2) To avoid doubt, it is not necessary, in order to prove for the purposes of this Division an intention or risk that money or property will be an instrument of crime, to establish that:
(a) an intention or risk that a particular offence will be committed in relation to the money or property; or
(b) an intention or risk that a particular person will commit an offence in relation to the money or property.
400.14 Alternative verdicts
If, on a trial for an offence against a provision of this Division (the offence charged), the trier of fact:
(a) is not satisfied that the defendant is guilty of the offence charged; but
(b) is otherwise satisfied that the defendant is guilty of 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;
the trier of fact may find the defendant not guilty of the offence charged but guilty of the other offence, so long as the person has been accorded procedural fairness in relation to that finding of guilt.
400.14A Recklessness as to nature of money or property sufficient for offence of attempt to commit an offence against certain provisions of this Part
(1) Despite subsection 11.1(3), for the offence of attempting to commit an offence against any of the following provisions:
(a) subsection 400.2B(4);
(b) subsection 400.2B(5);
(c) subsection 400.2B(6);
(d) subsection 400.2B(7);
(e) subsection 400.2B(8);
(f) subsection 400.2B(9);
(g) subsection 400.3(2);
(h) subsection 400.3(2A);
(i) subsection 400.3(2B);
(j) subsection 400.3(3);
(k) subsection 400.3(3A);
(l) subsection 400.3(3B);
(m) subsection 400.4(2);
(n) subsection 400.4(2A);
(o) subsection 400.4(2B);
(p) subsection 400.4(3);
(q) subsection 400.4(3A);
(r) subsection 400.4(3B);
(s) subsection 400.5(2);
(t) subsection 400.5(3);
(u) subsection 400.6(2);
(v) subsection 400.6(3);
(w) subsection 400.7(2);
(x) subsection 400.7(3);
(y) subsection 400.8(2);
(z) subsection 400.8(3);
recklessness is the fault element in relation to whichever of the following is a physical element of the offence attempted:
(za) that money or property is proceeds of indictable crime;
(zb) that money or property is proceeds of general crime.
Note: Proof of intention, knowledge or recklessness will satisfy a fault element of recklessness: see subsection 5.4(4)
400.15 Geographical jurisdiction
(1) A person does not commit an offence against this Division unless:
(a) the conduct constituting the alleged offence occurs:
(i) wholly or partly in Australia; or
(ii) wholly or partly on board an Australian aircraft or an Australian ship; or
(b) except in the case of an alleged offence against a proceeds of general crime offence provision—the conduct constituting the alleged offence occurs wholly outside Australia (but not on board an Australian aircraft or an Australian ship) and the money or other property:
(i) is proceeds of indictable crime; or
(ii) is intended to become an instrument of crime; or
(iii) is at risk of becoming an instrument of crime;
in relation to a Commonwealth indictable offence, a State indictable offence, an Australian Capital Territory indictable offence or a Northern Territory indictable offence; or
(ba) in the case of an alleged offence against a proceeds of general crime offence provision:
(i) the conduct constituting the alleged offence occurs wholly outside Australia (but not on board an Australian aircraft or an Australian ship); and
(ii) the money or other property is proceeds of general crime in relation to an offence against a law of the Commonwealth, an offence against a law of a State, an offence against a law of the Australian Capital Territory or an offence against a law of the Northern Territory; or
(c) the conduct constituting the alleged offence occurs wholly outside Australia and:
(i) at the time of the alleged offence, the person is an Australian citizen; or
(ii) at the time of the alleged offence, the person is a resident of Australia; or
(iii) at the time of the alleged offence, the person is a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; or
(d) all of the following conditions are satisfied:
(i) the alleged offence is an ancillary offence;
(ii) the conduct constituting the alleged offence occurs wholly outside Australia;
(iii) the conduct constituting the primary offence to which the ancillary offence relates occurs, or is intended by the person to occur, wholly or partly in Australia or wholly or partly on board an Australian aircraft or an Australian ship.
Note: The expression offence is given an extended meaning by subsection 11.2(1), section 11.3 and subsection 11.6(1).
Defence—primary offence
(2) A person does not commit an offence against this Division if:
(a) the alleged offence is a primary offence; and
(b) the conduct constituting the alleged offence occurs wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and
(c) paragraph (1)(b) of this section does not apply; and
(d) the person is neither:
(i) an Australian citizen; nor
(ii) a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; and
(e) there is not in force in:
(i) the foreign country where the conduct constituting the alleged offence occurs; or
(ii) the part of the foreign country where the conduct constituting the alleged offence occurs;
a law of that foreign country, or a law of that part of that foreign country, that creates an offence that corresponds to the offence against this Division.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3).
(3) For the purposes of the application of subsection 13.3(3) to an offence, subsection (2) of this section is taken to be an exception provided by the law creating the offence.
Defence—ancillary offence
(4) A person does not commit an offence against this Division if:
(a) the alleged offence is an ancillary offence; and
(b) the conduct constituting the alleged offence occurs wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and
(c) the conduct constituting the primary offence to which the ancillary offence relates occurs, or is intended by the person to occur, wholly in a foreign country, but not on board an Australian aircraft or an Australian ship; and
(d) paragraph (1)(b) of this section does not apply (and would not apply if the conduct described in paragraph (c) of this subsection occurred as intended); and
(e) the person is neither:
(i) an Australian citizen; nor
(ii) a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; and
(f) there is not in force in:
(i) the foreign country where the conduct constituting the primary offence to which the ancillary offence relates occurs, or is intended by the person to occur; or
(ii) the part of the foreign country where the conduct constituting the primary offence to which the ancillary offence relates or is intended by the person to occur;
a law of that foreign country, or a law of that part of that foreign country, that creates an offence that corresponds to the primary offence.
Note: A defendant bears an evidential burden in relation to the matters in subsection (4). See subsection 13.3(3).
(5) For the purposes of the application of subsection 13.3(3) to an offence, subsection (4) of this section is taken to be an exception provided by the law creating the offence.
Extended application of sections 16.1, 16.2 and 16.3
(6) Section 16.1, except paragraph 16.1(1)(a), applies in relation to an offence against this Division (in addition to the application of that section apart from this subsection).
Note: Section 16.1 requires the Attorney‑General’s consent for prosecution of an offence if the alleged conduct occurred wholly in a foreign country in certain circumstances.
(7) Sections 16.2 and 16.3 apply for the purposes of this Division in the same way as they apply for the purposes of Part 2.7.
Note: Section 16.2 treats the sending of things and electronic communications into and out of Australia as conduct occurring partly in Australia. Section 16.3 affects the meaning of Australia.
400.16 Saving of other laws
This Division is not intended to exclude or limit the operation of any other law of the Commonwealth or any law of a State or Territory.
Part 10.5—Postal services
Division 470—Preliminary
470.1 Definitions
In this Part:
AFP Minister means the Minister administering the Australian Federal Police Act 1979.
article has the same meaning as in the Australian Postal Corporation Act 1989.
article in the course of post means an article that is being carried by post, and includes an article that has been collected or received by or on behalf of Australia Post for carriage by post, but has not been delivered by or on behalf of Australia Post.
Australia Post means the Australian Postal Corporation.
carried by post means carried by or through Australia Post.
carry, in relation to an article, has the same meaning as in the Australian Postal Corporation Act 1989.
constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.
mail‑receptacle means a mail‑bag, package, parcel, container, wrapper, receptacle or similar thing that:
(a) belongs to, or is in the possession of, Australia Post; and
(b) is used, or intended for use, in the carriage of articles by post (whether or not it actually contains such articles).
postage stamp has the same meaning as in the Australian Postal Corporation Act 1989.
postal message means:
(a) a material record of an unwritten communication:
(i) carried by post; or
(ii) collected or received by Australia Post for carriage by post; or
(b) a material record issued by Australia Post as a record of an unwritten communication:
(i) carried by post; or
(ii) collected or received by Australia Post for carriage by post.
postal or similar service means:
(a) a postal service (within the meaning of paragraph 51(v) of the Constitution); or
(b) a courier service, to the extent to which the service is a postal or other like service (within the meaning of paragraph 51(v) of the Constitution); or
(c) a packet or parcel carrying service, to the extent to which the service is a postal or other like service (within the meaning of paragraph 51(v) of the Constitution); or
(d) any other service that is a postal or other like service (within the meaning of paragraph 51(v) of the Constitution); or
(e) a courier service that is provided by a constitutional corporation; or
(f) a packet or parcel carrying service that is provided by a constitutional corporation; or
(g) a courier service that is provided in the course of, or in relation to, trade or commerce:
(i) between Australia and a place outside Australia; or
(ii) among the States; or
(iii) between a State and a Territory or between 2 Territories; or
(h) a packet or parcel carrying service that is provided in the course of, or in relation to, trade or commerce:
(i) between Australia and a place outside Australia; or
(ii) among the States; or
(iii) between a State and a Territory or between 2 Territories.
property has the same meaning as in Chapter 7.
unwritten communication has the same meaning as in the Australian Postal Corporation Act 1989.
470.2 Dishonesty
For the purposes of this Part, dishonest means:
(a) dishonest according to the standards of ordinary people; and
(b) known by the defendant to be dishonest according to the standards of ordinary people.
470.3 Determination of dishonesty to be a matter for the trier of fact
In a prosecution for an offence against this Part, the determination of dishonesty is a matter for the trier of fact.
470.4 Meaning of expressions used in Subdivisions B and C of Division 471
(1) Subject to subsections (2) and (3), an expression used in Subdivision B or C of Division 471 that is defined in Part 10.6 has the same meaning in that Subdivision as it has in that Part.
Note: One of those expressions is child abuse material.
(2) A reference in Subdivision B or C of Division 471 to a person having possession or control of material includes a reference to the person:
(a) having possession of a computer or data storage device that holds or contains the material; or
(b) having possession of a document in which the material is recorded; or
(c) having control of material held in a computer that is in the possession of another person (whether inside or outside Australia).
(3) A reference in Subdivision B or C of Division 471 to a person producing, supplying or obtaining material includes a reference to the person:
(a) producing, supplying or obtaining material held or contained in a computer or data storage device; or
(b) producing, supplying or obtaining a document in which the material is recorded.
(4) Section 473.4 applies in relation to Subdivisions B and C of Division 471 as if the reference in that section to Part 10.6 were a reference to those Subdivisions.
Note: Section 473.4 sets out matters that may be taken into account in deciding whether particular material is offensive.
Division 471—Postal offences
Subdivision A—General postal offences
471.1 Theft of mail‑receptacles, articles or postal messages
(1) A person commits an offence if:
(a) the person dishonestly appropriates:
(i) a mail‑receptacle; or
(ii) an article in the course of post (including an article that appears to have been lost or wrongly delivered by or on behalf of Australia Post or lost in the course of delivery to Australia Post); or
(iii) a postal message; and
(b) the person does so with the intention of permanently depriving another person of the mail‑receptacle, article or postal message.
Penalty: Imprisonment for 10 years.
Dishonesty
(2) For the purposes of this section, a person’s appropriation of a mail‑receptacle, article or postal message may be dishonest even if the person or another person is willing to pay for the mail‑receptacle, article or postal message.
Intention of permanently depriving a person of a mail‑receptacle, article or postal message
(3) For the purposes of this section, if:
(a) a person appropriates a mail‑receptacle, article or postal message without meaning another permanently to lose the thing itself; and
(b) the person’s intention is to treat the thing as the person’s own to dispose of regardless of the other’s rights;
the person has the intention of permanently depriving the other of it.
(4) For the purposes of subsection (3), a borrowing or lending of a thing amounts to treating the thing as the borrower’s or lender’s own to dispose of regardless of another’s rights if, and only if, the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal.
471.2 Receiving stolen mail‑receptacles, articles or postal messages
(1) A person commits an offence if the person dishonestly receives stolen property, knowing or believing the property to be stolen.
Penalty: Imprisonment for 10 years.
Stolen property
(2) For the purposes of this section, property is stolen property if, and only if:
(a) it is original stolen property (as defined by subsection (3)); or
(b) it is tainted property (as defined by subsection (5)).
This subsection has effect subject to subsection (4).
Original stolen property
(3) For the purposes of this section, original stolen property is property, or a part of property, that:
(a) was appropriated in the course of an offence against section 471.1 (whether or not the property, or the part of the property, is in the state it was in when it was so appropriated); and
(b) is in the possession or custody of the person who so appropriated the property.
(4) For the purposes of this section, property ceases to be original stolen property:
(a) after the property is restored:
(i) to the person from whom it was appropriated; or
(ii) to other lawful possession or custody; or
(b) after:
(i) the person from whom the property was appropriated ceases to have any right to restitution in respect of the property; or
(ii) a person claiming through the person from whom the property was appropriated ceases to have any right to restitution in respect of the property.