Crimes Legislation Amendment (Economic Disruption) Act 2021 (3 of 2021)

Schedule 1   Money laundering

Part 2   Amendments contingent on the commencement of the Anti-Money Laundering and Counter-Terrorism Financing and Other Legislation Amendment Act 2020

Division 1   Amendments

Criminal Code Act 1995
85   After section 400.10A of the Criminal Code)

Insert:

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.