Document ID: chunk:federal_register_of_legislation:C2004C01279:clause:1_1:p3
Version: federal_register_of_legislation:C2004C01279
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 3/10)
Character Range: 10091–12537

(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, or 1500 penalty units, or both.

 (2) 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 proceeds of crime; or
 (ii) there is a risk that the money or property will become an instrument of crime; and
 (c) the person is reckless as to the fact that the money or property is proceeds of crime or the fact that there is a risk that it will become an instrument of crime (as the case requires); and
 (d) at the time of the dealing, the value of the money and other property is $1,000,000 or more.

Penalty: Imprisonment for 12 years, or 720 penalty units, or both.

 (3) 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 proceeds of crime; or
 (ii) there is a risk that the money or property will become an instrument of crime; and
 (c) the person is negligent as to the fact that the money or property is proceeds of crime or the fact that there is a risk that it will become an instrument of crime (as the case requires); and
 (d) at the time of the dealing, the value of the money and other property is $1,000,000 or more.

Penalty: Imprisonment for 5 years, or 300 penalty units, or both.

 (4) Absolute liability applies to paragraphs (1)(c), (2)(d) and (3)(d).

Note: Section 400.10 provides for a defence of mistake of fact in relation to these paragraphs.

400.4  Dealing in proceeds of crime etc.—money or property worth $100,000 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 $100,000 or more.

Penalty: Imprisonment for 20 years, or 1200 penalty units, or both.

 (2) 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 proceeds of crime; or
 (ii) there is a risk that the money or property will become an instrument of crime;