Section 400.12 of the Criminal Code Act 1995 (Cth) permits aggregation of individual dealings for the purposes of a conspiracy charge under s 11.5 to commit an offence against s 400.3, with s 11.6 providing an additional statutory basis. In the context of automatic forfeiture under the Proceeds of Crime Act 2002 (Cth), 'cooperation' under s 320(a) requires a deliberate decision to facilitate the Director's course, and mere failure to apply for exclusion does not automatically constitute cooperation without evidence of the offender's reasons. Cultural background under s 16A(2)(m) of the Crimes Act 1914 (Cth) must be taken into account for offences committed before 13 December 2006, and the sentencing judge must assess whether cultural norms obliged the offender to engage in criminal behaviour or merely provided justification for a voluntary decision. Sections 320(b) and (c) of the PCA do not apply to automatic forfeiture, but common law sentencing principles fill the gap.
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