Document ID: chunk:federal_register_of_legislation:C2021A00003:clause:1_72
Version: federal_register_of_legislation:C2021A00003
Segment Type: clause
Provision Reference: sch 1 cl 72
Character Range: 40674–41610

72  After subsection 400.10(1) of the Criminal Code
Insert:
 (1A) A person is not criminally responsible for an offence against a proceeds of general crime offence provision that relates to engaging in conduct in relation to money or property if:
 (a) at or before the time of engaging in the conduct, the person considered what was the value of the money or property, and was under a mistaken but reasonable belief about that value; and
 (b) in a case where the conduct continued during a period—the person had that belief throughout that period; and
 (c) had the value been what the person believed it to be, the person's conduct would have constituted 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.
Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3)).