To establish an offence under s 400.9(1) of the Criminal Code Act 1995 (Cth), the prosecution is not required to identify a predicate indictable offence or class of offences from which the money was derived, regardless of whether the prosecution relies on s 400.9(2). It is sufficient to prove that it is reasonable to suspect the money is proceeds of crime. The question whether the prosecution must at least establish the basis upon which reasonable suspicion arises (as distinct from identifying a specific offence) was left open.
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