Proceeds of crime etc.—money or property worth $10,000,000 or more
400.2B Proceeds of crime etc.—money or property worth $10,000,000 or more
Tier 1 offences
A person commits an offence if:
the person deals with money or other property; and
either:
the money or property is, and the person believes it to be, proceeds of indictable crime; or
the person intends that the money or property will become an instrument of crime; and
at the time of the dealing, the value of the money and other property is $10,000,000 or more.
Penalty: Imprisonment for life.
A person commits an offence if:
the person engages in conduct in relation to money or other property; and
the money or property is, and the person believes it to be, proceeds of general crime; and
the conduct concealed or disguised any or all of the following:
the nature of the money or property;
the value of the money or property;
the source of the money or property;
the location of the money or property;
any disposition of the money or property;
any movement of the money or property;
any rights in respect of the money or property;
the identity of any person who has rights in respect of the money or property;
the identity of any person who has effective control of the money or property; and
when the conduct occurs, the value of the money and other property is $10,000,000 or more.
Penalty: Imprisonment for life.
A person commits an offence if:
on 2 or more occasions, the person engages in conduct in relation to money or other property; and
for each occasion, the money or property is, and the person believes it to be, proceeds of general crime; and
for each occasion, the conduct concealed or disguised any or all of the following:
the nature of the money or property;
the value of the money or property;
the source of the money or property;
the location of the money or property;
any disposition of the money or property;
any movement of the money or property;
any rights in respect of the money or property;
the identity of any person who has rights in respect of the money or property;
the identity of any person who has effective control of the money or property; and
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 $10,000,000 or more.
Penalty: Imprisonment for life.
Tier 2 offences
A person commits an offence if:
the person deals with money or other property; and
either:
the money or property is proceeds of indictable crime; or
there is a risk that the money or property will become an instrument of crime; and
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
at the time of the dealing, the value of the money and other property is $10,000,000 or more.
Penalty: Imprisonment for 15 years, or 900 penalty units, or both.
A person commits an offence if:
the person engages in conduct in relation to money or other property; and
the money or property is proceeds of general crime; and
the person is reckless as to the fact that the money or property is proceeds of general crime; and
the conduct concealed or disguised any or all of the following:
the nature of the money or property;
the value of the money or property;
the source of the money or property;
the location of the money or property;
any disposition of the money or property;
any movement of the money or property;
any rights in respect of the money or property;
the identity of any person who has rights in respect of the money or property;
the identity of any person who has effective control of the money or property; and
when the conduct occurs, the value of the money and other property is $10,000,000 or more.
Penalty: Imprisonment for 15 years, or 900 penalty units, or both.
A person commits an offence if:
on 2 or more occasions, the person engages in conduct in relation to money or other property; and
for each occasion, the money or property is proceeds of general crime; and
for each occasion, the person is reckless as to the fact that the money or property is proceeds of general crime; and
for each occasion, the conduct concealed or disguised any or all of the following:
the nature of the money or property;
the value of the money or property;
the source of the money or property;
the location of the money or property;
any disposition of the money or property;
any movement of the money or property;
any rights in respect of the money or property;
the identity of any person who has rights in respect of the money or property;
the identity of any person who has effective control of the money or property; and
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 $10,000,000 or more.
Penalty: Imprisonment for 15 years, or 900 penalty units, or both.
Tier 3 offences
A person commits an offence if:
the person deals with money or other property; and
either:
the money or property is proceeds of indictable crime; or
there is a risk that the money or property will become an instrument of crime; and
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
at the time of the dealing, the value of the money and other property is $10,000,000 or more.
Penalty: Imprisonment for 6 years, or 360 penalty units, or both.
A person commits an offence if:
the person engages in conduct in relation to money or other property; and
the money or property is proceeds of general crime; and
the person is negligent as to the fact that the money or property is proceeds of general crime; and
the conduct concealed or disguised any or all of the following:
the nature of the money or property;
the value of the money or property;
the source of the money or property;
the location of the money or property;
any disposition of the money or property;
any movement of the money or property;
any rights in respect of the money or property;
the identity of any person who has rights in respect of the money or property;
the identity of any person who has effective control of the money or property; and
when the conduct occurs, the value of the money and other property is $10,000,000 or more.
Penalty: Imprisonment for 6 years, or 360 penalty units, or both.
A person commits an offence if:
on 2 or more occasions, the person engages in conduct in relation to money or other property; and
for each occasion, the money or property is proceeds of general crime; and
for each occasion, the person is negligent as to the fact that the money or property is proceeds of general crime; and
for each occasion, the conduct concealed or disguised any or all of the following:
the nature of the money or property;
the value of the money or property;
the source of the money or property;
the location of the money or property;
any disposition of the money or property;
any movement of the money or property;
any rights in respect of the money or property;
the identity of any person who has rights in respect of the money or property;
the identity of any person who has effective control of the money or property; and
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 $10,000,000 or more.
Penalty: Imprisonment for 6 years, or 360 penalty units, or both.
Absolute liability
Absolute liability applies to paragraphs (1)(c), (2)(d), (3)(d), (4)(d), (5)(e), (6)(e), (7)(d), (8)(e) and (9)(e).
Section 400.10 provides for a defence of mistake of fact in relation to these paragraphs.
Section 400.2A affects the application of this section so far as it relates 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.
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