563A

Property laundering

In force

(1)

A person who —

(a)

in Western Australia engages, directly or indirectly, in a transaction that involves; or

(b)

brings into Western Australia, or in Western Australia receives, possesses, conceals, disposes of or deals with,

any money or other property that is the proceeds of an offence is guilty of a crime and is liable to imprisonment for 20 years.

(1a)

For the purpose of deciding whether money or other property is proceeds of an offence, the money or other property does not cease to be proceeds of an offence only as a result of —

(a)

being credited to an account; or

(b)

being given away, or exchanged for other property that is not proceeds of an offence.

(2)

It is a defence in proceedings for a crime under subsection (1) —

(a)

to prove that the accused —

(i)

did not know; and

(ii)

did not believe or suspect; and

(iii)

did not have reasonable grounds to believe or suspect,

that the relevant money or other property was the proceeds of an offence; or

(b)

to prove that the accused engaged in the act or omission alleged to constitute that crime in order to assist the enforcement of a law of the Commonwealth or of a State or Territory.

(3)

In this section —

offence means an offence against a law of Western Australia, the Commonwealth, another State or a Territory;

proceeds, in relation to an offence, means money or other property that is derived or realized, directly or indirectly, by any person from the commission of the offence;

transaction includes the receiving or making of a gift.

[Section 563A inserted: No. 15 of 1992 s. 11; amended: No. 26 of 2004 s. 4; No. 84 of 2004 s. 82.]

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