Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p130
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 130/169)
Character Range: 1512715–1515460

person against section 400.2B, 400.3, 400.4, 400.5, 400.6, 400.7 or 400.8 (other than an offence against a proceeds of general crime offence provision) in relation to the person dealing with money or other property, it is not necessary to prove that the money or property is proceeds of indictable crime if it is proved that, as part of a controlled operation in relation to suspected offences against this Division, either of the following provided the money or property:
 (a) a law enforcement participant in the controlled operation;
 (b) a civilian participant in the controlled operation, acting in accordance with the instructions of a law enforcement officer.
 (2) In this section:
civilian participant in a controlled operation has the meaning given by Part IAB of the Crimes Act 1914.
controlled operation has the meaning given by Part IAB of the Crimes Act 1914.
law enforcement officer has the meaning given by subsection 3(1) of the Crimes Act 1914.
law enforcement participant in a controlled operation has the meaning given by Part IAB of the Crimes Act 1914.

400.10B  Effect of money or property being provided as part of a controlled operation—proceeds of general crime
 (1) In a prosecution for an offence against a proceeds of general crime offence provision by a person in relation to the person engaging in conduct in relation to money or other property, it is not necessary to prove that the money or property is proceeds of general crime if it is proved that, as part of a controlled operation in relation to suspected offences against this Division, either of the following provided the money or property:
 (a) a law enforcement participant in the controlled operation;
 (b) a civilian participant in the controlled operation, acting in accordance with the instructions of a law enforcement officer.
 (2) In this section:
civilian participant in a controlled operation has the meaning given by Part IAB of the Crimes Act 1914.
controlled operation has the meaning given by Part IAB of the Crimes Act 1914.

400.11  Proof of certain matters relating to kinds of offences not required
  In a prosecution for an offence against a provision of this Division, it is not necessary to prove the existence of any fault element in relation to any of the following:
 (a) whether an offence may be dealt with as an indictable offence;
 (b) whether an offence is an indictable offence;
 (c) whether an offence is a Commonwealth indictable offence;
 (d) whether an offence is a foreign indictable offence;
 (e) whether an offence is a State indictable offence;
 (f) whether an offence is an Australian Capital Territory indictable offence;
 (g) whether an offence is a Northern Territory indictable offence;
 (h) whether an offence is