Proceeds of crime etc.—money or property worth $10,000 or more
400.6 Proceeds of crime etc.—money or property worth $10,000 or more
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 or more.
Penalty: Imprisonment for 10 years, or 600 penalty units, or both.
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 or more.
Penalty: Imprisonment for 5 years, or 300 penalty units, or both.
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 or more.
Penalty: Imprisonment for 2 years, or 120 penalty units, or both.
Absolute liability applies to paragraphs (1)(c), (2)(d) and (3)(d).
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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