For offences under s 400.3(1)(b)(ii) of the Criminal Code (Cth), the temporal separation requirement from Milne v The Queen is satisfied where the dealing is particularised as possession of money and the intended instrument offence is the subsequent use of that money in receiving a designated service using a false name. The instrumental connection requirement is satisfied where money is integral to the designated service — the service cannot be received without seeking to transfer money. Whether a structuring offence can ground a Division 400 charge depends on how the charge is particularised, distinguishing Chen v DPP where the same physical act constituted both the dealing and the instrument offence.
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