Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p111
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 111/169)
Character Range: 1468834–1471577

property; and
 (c) family, domestic and business relationships between:
 (i) persons having an interest in the money or property, or in companies of the kind referred to in paragraph (a) or trusts of the kind referred to in paragraph (b); and
 (ii) other persons.
 (4) For the purposes of this section, family relationships are taken to include the following (without limitation):
 (a) relationships between de facto partners;
 (b) relationships of child and parent that arise if someone is the child of a person because of the definition of child in the Dictionary;
 (c) relationships traced through relationships mentioned in paragraphs (a) and (b).
 (5) To avoid doubt, for the purposes of this Division, more than one person may have effective control of money or other property.

400.2A  Application of offences relating to possible instruments of crime
 (1) This section affects the application of sections 400.2B, 400.3, 400.4, 400.5, 400.6, 400.7 and 400.8 so far as they relate to a person dealing with money or other property that:
 (a) is intended by the person to become an instrument of crime; or
 (b) is at risk of becoming an instrument of crime.
 (2) Those sections apply if either or both of the following apply:
 (a) a circumstance described in subsection (3) exists;
 (b) a circumstance described in subsection (4) exists.
 (3) One circumstance is that money or other property is intended to become, or at risk of becoming, an instrument of crime in relation to an offence that is:
 (a) a Commonwealth indictable offence; or
 (b) a foreign indictable offence; or
 (c) a State indictable offence that has a federal aspect; or
 (d) an Australian Capital Territory indictable offence; or
 (e) a Northern Territory indictable offence.
Note: The prosecution need not prove the existence of any fault element for the nature of the offence: see section 400.11.
 (4) Another circumstance is that the dealing with the money or other property occurs:
 (a) in the course of or for the purposes of importation of goods into, or exportation of goods from, Australia; or
 (b) by means of a communication using a postal, telegraphic, telephonic or other like service within the meaning of paragraph 51(v) of the Constitution; or
 (c) in the course of banking (other than State banking that does not extend beyond the limits of the State concerned); or
 (d) outside Australia.
 (5) Absolute liability applies to subsections (3) and (4).
Note: For absolute liability, see section 6.2.

400.2B  Proceeds of crime etc.—money or property worth $10,000,000 or more

Tier 1 offences
 (1) A person commits 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