Document ID: chunk:federal_register_of_legislation:C2004C01279:clause:1_1:p2
Version: federal_register_of_legislation:C2004C01279
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 2/10)
Character Range: 7652–10316

engages in a banking transaction relating to money or other property; and
 (b) the person does any of the matters referred to in paragraph (a):
 (i) in the course of or for the purposes of importation of goods into, or exportation of goods from, Australia; or
 (ii) by means of a communication using a postal, telegraphic or telephonic service within the meaning of paragraph 51(xx) of the Constitution; or
 (iii) in the course of banking (other than State banking that does not extend beyond the limits of the State concerned).

 (3) In this section:

banking transaction includes:
 (a) any transaction made at an ADI; and
 (b) any transaction involving a money order.

Commonwealth indictable offence means an offence against a law of the Commonwealth, or a law of a Territory (other than the Australian Capital Territory and the Northern Territory), that may be dealt with as an indictable offence (even if it may, in some circumstances, be dealt with as a summary offence).

export money or other property, from Australia, includes transfer money or other property from Australia by an electronic communication.

foreign indictable offence means an offence against a law of a foreign country constituted by conduct that, if it had occurred in Australia, would have constituted an offence against:
 (a) a law of the Commonwealth; or
 (b) a law of a State or Territory connected with the offence;
that may be dealt with as an indictable offence (even if it may, in some circumstances, be dealt with as a summary offence).

Note: See subsection (4) for when a law of a State or Territory is connected with the offence.

import money or other property, into Australia, includes transfer money or other property to Australia by an electronic communication.

 (4) For the purposes of the definition of foreign indictable offence in subsection (3), a State or Territory is connected with the offence if:
 (a) a dealing in money or property takes place in the State or Territory; and
 (b) the money or property would be proceeds of crime, or could become an instrument of crime, in relation to the offence if the offence were a foreign indictable offence.

400.3  Dealing in proceeds of crime etc.—money or property worth $1,000,000 or more

 (1) A person is guilty of an offence if:
 (a) the person deals with money or other property; and
 (b) either:
 (i) the money or property is, and the person believes it to be, proceeds of crime; or
 (ii) the person intends that the money or property will become an instrument of crime; and
 (c) at the time of the dealing, the value of the money and other property is $1,000,000 or more.

Penalty: Imprisonment for 25 years,