Criminal Code Act 1995

This section affects the application of sections 400.2B, 400.3, 400.4, 400.5, 400.6, 400.7 and 400.8 so far as they relate to a person dealing with money or other property that:

is intended by the person to become an instrument of crime; or

is at risk of becoming an instrument of crime.

Those sections apply if either or both of the following apply:

a circumstance described in subsection (3) exists;

a circumstance described in subsection (4) exists.

One circumstance is that money or other property is intended to become, or at risk of becoming, an instrument of crime in relation to an offence that is:

a Commonwealth indictable offence; or

a foreign indictable offence; or

a State indictable offence that has a federal aspect; or

an Australian Capital Territory indictable offence; or

a Northern Territory indictable offence.

The prosecution need not prove the existence of any fault element for the nature of the offence: see section 400.11.

Another circumstance is that the dealing with the money or other property occurs:

in the course of or for the purposes of importation of goods into, or exportation of goods from, Australia; or

by means of a communication using a postal, telegraphic, telephonic or other like service within the meaning of paragraph 51(v) of the Constitution; or

in the course of banking (other than State banking that does not extend beyond the limits of the State concerned); or

outside Australia.

Absolute liability applies to subsections (3) and (4).

For absolute liability, see section 6.2.