The Criminal Code
Australia's approach to criminalising money laundering differs from that of many other countries. Division 400 of the Criminal Code Act 1995 (Cth) (the Criminal Code) contains the principal criminal offences of money laundering in Australia. Division 400 was inserted into the Criminal Code by the Proceeds of Crime Act 2002 (Cth) in January 2003. There are currently 19 different offences of money laundering available under the Criminal Code, and these can be classified into two types: those linked to the proceeds of crime (funds generated by an illegal activity) and those linked to the instruments of crime (funds used to conduct an illegal activity). Possessing the proceeds or instruments of crime is a single offence under the Criminal Code. Persons receiving, possessing, concealing, importing into Australia, exporting from Australia, or disposing of the proceeds of crime may be guilty of this offence. Possessing the proceeds of crime attracts a maximum custodial sentence of two years. The remaining 18 offences of money laundering are those of dealing with the proceeds or instruments of crime. 'Dealing with' the proceeds of crime includes all the actions considered as possession of the proceeds of crime as well as engaging in banking transactions using the illicit funds. These 18 offences are distinguished by the value of the property involved and the intent of the offender. The punishments' severity increases with the value and with the offender's knowledge of the source of the funds. The Criminal Code classifies offences according to the value of the funds involved into bands of $1,000,000 or more; $100,000 to $999,999; $50,000 to $99,999; $10,000 to $49,999; $1,000 to $9,999; and funds of any value.