Dealing with property suspected of being proceeds of crime
193C Dealing with property suspected of being proceeds of crime
A person is guilty of an offence if—
the person deals with property, and
there are reasonable grounds to suspect the property is proceeds of crime, and
at the time of the dealing, the value of the property is $5 million or more.
Maximum penalty—Imprisonment for 8 years.
A person is guilty of an offence against this subsection if the person commits an offence under subsection (1AA) in circumstances of aggravation.
Maximum penalty—Imprisonment for 10 years.
A person is guilty of an offence if—
the person deals with property, and
there are reasonable grounds to suspect that the property is proceeds of crime, and
at the time of the dealing, the value of the property is $100,000 or more but less than $5 million.
Maximum penalty—Imprisonment for 5 years.
A person is guilty of an offence if—
the person deals with property, and
there are reasonable grounds to suspect that the property is proceeds of crime, and
at the time of the dealing, the value of the property is less than $100,000.
Maximum penalty—Imprisonment for 3 years.
(Repealed)
It is a defence to a prosecution for an offence under this section if the defendant satisfies the court that the defendant had no reasonable grounds for suspecting that the property was substantially derived or realised, directly or indirectly, from an act or omission constituting an offence against a law in force in the Commonwealth, a State or a Territory or another country.
For subsection (1AB), circumstances of aggravation mean circumstances in which—
the person used a position of professional trust or fiduciary duty to commit the offence, or
the offence was committed in the context of a criminal group, serious crime organisation or serious criminal activity, or
the offence was committed to fund or support terrorism, or
the person provided finance to enable part or all of the dealings in property, or
the offence was committed for the purposes of transferring the value of the property out of New South Wales.
In this section—
criminal group has the same meaning as in section 93S.
criminal organisation has the same meaning as in the Crimes (Criminal Organisations Control) Act 2012.
serious criminal activity has the same meaning as in the Crimes (Criminal Organisations Control) Act 2012.
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