Anti-Money Laundering and Counter-Terrorism Financing and Other Legislation Amendment Act 2020 (133 of 2020)

Schedule 1   Amendments

Part 6   Money laundering offences in the Criminal Code

Criminal Code Act 1995

125   After section 400.10 of the Criminal Code

Insert:

400.10A Effect of money or property being provided as part of a controlled operation

(1) In a prosecution for an offence by a person against section 400.3, 400.4, 400.5, 400.6, 400.7 or 400.8 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 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.