Document ID: chunk:federal_register_of_legislation:C2004C01279:clause:1_1:p1
Version: federal_register_of_legislation:C2004C01279
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 1/10)
Character Range: 5165–7870

1  The Schedule (before Part 10.5 of the Criminal Code)
Insert:

Part 10.2—Money laundering

Division 400—Money laundering

400.1  Definitions

 (1) In this Division:

ADI (authorised deposit‑taking institution) means:
 (a) a body corporate that is an ADI for the purposes of the Banking Act 1959; or
 (b) the Reserve Bank of Australia; or
 (c) a person who carries on State banking within the meaning of paragraph 51(xiii) of the Constitution.

deals with money or other property has the meaning given by section 400.2.

instrument of crime: money or other property is an instrument of crime if it is used in the commission of, or used to facilitate the commission of, an offence that may be dealt with as an indictable offence (even if it may, in some circumstances, be dealt with as a summary offence).

proceeds of crime means any money or other property that is derived or realised, directly or indirectly, by any person from the commission of an offence that may be dealt with as an indictable offence (even if it may, in some circumstances, be dealt with as a summary offence).

property means real or personal property of every description, whether situated in Australia or elsewhere and whether tangible or intangible, and includes an interest in any such real or personal property.

 (2) To avoid doubt, a reference in this Division to money or other property includes a reference to financial instruments, cards and other objects that represent money or can be exchanged for money, whether or not they have intrinsic value.

400.2  Meaning of dealing with money or other property

 (1) For the purposes of this Division, a person deals with money or other property if:
 (a) the person does any of the following:
 (i) receives, possesses, conceals or disposes of money or other property;
 (ii) imports money or other property into, or exports money or other property from, Australia;
 (iii) engages in a banking transaction relating to money or other property; and
 (b) the money or other property is proceeds of crime, or could become an instrument of crime, in relation to an offence that is a Commonwealth indictable offence or a foreign indictable offence.

 (2) For the purposes of this Division, a person deals with money or other property if:
 (a) the person does any of the following:
 (i) receives, possesses, conceals or disposes of money or other property;
 (ii) imports money or other property into, or exports money or other property from, Australia;
 (iii) engages in a banking transaction relating to money or other property; and
 (b) the person does any of the matters referred to in paragraph (a):
 (i) in the course of or for the purposes of importation of goods into, or