Document ID: chunk:federal_register_of_legislation:C2004C01279:clause:1_1:p10
Version: federal_register_of_legislation:C2004C01279
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 10/10)
Character Range: 26145–28403

may be about 2 or more instances of the defendant engaging in conduct (at the same time or different times) that constitutes an offence against a provision of this Division.

 (2) If:
 (a) a single charge is about 2 or more such instances; and
 (b) the value of the money and other property dealt with is an element of the offence in question;
that value is taken to be the sum of the values of the money and other property dealt with in respect of each of those instances.

400.13  Proof of other offences is not required

 (1) To avoid doubt, it is not necessary, in order to prove for the purposes of this Division that money or property is proceeds of crime, to establish:
 (a) a particular offence was committed in relation to the money or property; or
 (b) a particular person committed an offence in relation to the money or property.

 (2) To avoid doubt, it is not necessary, in order to prove for the purposes of this Division an intention or risk that money or property will be an instrument of crime, to establish that:
 (a) an intention or risk that a particular offence will be committed in relation to the money or property; or
 (b) an intention or risk that a particular person will commit an offence in relation to the money or property.

400.14  Alternative verdicts

  If, on a trial for an offence against a provision of this Division (the offence charged), the trier of fact:
 (a) is not satisfied that the defendant is guilty of the offence charged; but
 (b) is otherwise satisfied that the defendant is guilty of another offence against this Division for which the maximum penalty, in penalty units, is less than the maximum penalty, in penalty units, for the offence charged;
the trier of fact may find the defendant not guilty of the offence charged but guilty of the other offence, so long as the person has been accorded procedural fairness in relation to that finding of guilt.

400.15  Geographical jurisdiction

  Section 15.2 (extended geographical jurisdiction—category B) applies to each offence against this Division.

400.16  Saving of other laws

  This Division is not intended to exclude or limit the operation of any other law of the Commonwealth or any law of a State or Territory.

Proceeds of Crime Act 1987