Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 10 - NATIONAL INFRASTRUCTURE  

Part 10.2 - Money laundering  

Division 400 - Money laundering  

SECTION 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.