Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p128
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 128/169)
Character Range: 1507747–1510505

conduct involves using one or more accounts held with ADIs in false names; or
 (ba) the conduct amounts to an offence against section 139, 140 or 141 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006; or
 (c) the value of the money and property involved in the conduct is, in the opinion of the trier of fact, grossly out of proportion to the defendant's income and expenditure over a reasonable period within which the conduct occurs; or
 (d) the conduct involves a significant cash transaction within the meaning of the repealed Financial Transaction Reports Act 1988, and the defendant:
 (i) has contravened his or her obligations under that Act relating to reporting the transaction; or
 (ii) has given false or misleading information in purported compliance with those obligations; or
 (da) the conduct involves a threshold transaction (within the meaning of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006) and the defendant:
 (i) has contravened the defendant's obligations under that Act relating to reporting the transaction; or
 (ii) has given false or misleading information in purported compliance with those obligations; or
 (e) the defendant:
 (i) has stated that the conduct was engaged in on behalf of or at the request of another person; and
 (ii) has not provided information enabling the other person to be identified and located.
 (4) Absolute liability applies to paragraphs (1AA)(b) and (c), (1AB)(b) and (c), (1)(b) and (c) and (1A)(b) and (c).
 (5) This section does not apply if the defendant proves that he or she had no reasonable grounds for suspecting that the money or property was derived or realised, directly or indirectly, from some form of unlawful activity.
Note: A defendant bears a legal burden in relation to the matter in subsection (5) (see section 13.4).

400.10  Mistake of fact as to the value of money or property
 (1) A person is not criminally responsible for an offence against section 400.2B, 400.3, 400.4, 400.5, 400.6, 400.7 or 400.9 (other than an offence against a proceeds of general crime offence provision) in relation to money or property if:
 (a) at or before the time of dealing with the money or property, the person considered what was the value of the money or property, and was under a mistaken but reasonable belief about that value; and
 (aa) in a case where the dealing continued during a period—the person had that belief throughout that period; and
 (b) 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.
Example: Assume that a person deals