Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p110
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 110/169)
Character Range: 1466440–1469072

an instrument of crime, in relation to the offence if the offence were a foreign indictable offence.

400.2  Definition of deals with money or other property
 (1) For the purposes of this Division, a person deals with money or other property if the person does any of the following:
 (a) receives, possesses, conceals or disposes of money or other property;
 (b) imports money or other property into Australia;
 (c) exports money or other property from Australia;
 (d) engages in a banking transaction relating to money or other property.
 (2) For the purposes of this Division, if:
 (a) a person (the first person) engages in conduct; and
 (b) the first person's conduct causes another person to deal with money or other property (within the meaning of subsection (1)); and
 (c) the first person is reckless as to whether the first person's conduct causes the other person to deal with the money or property;
the first person is taken to have dealt with the money or property.
 (3) For the purposes of subsection (2), it is immaterial whether the identity of the other person can be established.
 (4) For the purposes of subsection (2), the conduct of a person causes another person to deal with money or other property (within the meaning of subsection (1)) if the conduct substantially contributes to the other person dealing with the money or property (within the meaning of subsection (1)).
 (5) For the purposes of subsection (4), it is immaterial whether the identity of the other person can be established.

400.2AA  Effective control of money or property
 (1) For the purposes of this Division, a person may have effective control of money or other property whether or not the person has:
 (a) a legal or equitable estate or interest in the money or property; or
 (b) a right, power or privilege in connection with the money or property.
 (2) For the purposes of this Division, if money or other property is held on trust for the ultimate benefit of a person, the person is taken to have effective control of the money or property.
 (3) For the purposes of this Division, in determining whether or not a person has effective control of money or other property, regard may be had to:
 (a) shareholdings in, debentures over or directorships of a company that has an interest (whether direct or indirect) in the money or property; and
 (b) a trust that has a relationship to the money or property; and
 (c) family, domestic and business relationships between:
 (i) persons having an interest in the money or property, or in companies of the kind referred to in paragraph (a) or trusts of the kind referred to in paragraph (b);