Document ID: chunk:federal_register_of_legislation:C2004C01279:clause:1_1:p8
Version: federal_register_of_legislation:C2004C01279
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 8/10)
Character Range: 21214–23937

(b) it is reasonable to suspect either or both of the following:
 (i) the money or property is proceeds of crime in relation to a Commonwealth indictable offence or a foreign indictable offence;
 (ii) the money or property is proceeds of crime, and the person's conduct referred to in paragraph (a) takes place in circumstances referred to in subsection (3).

Penalty: Imprisonment for 2 years, or 50 penalty units, or both.

 (2) Without limiting paragraph (1)(b), that paragraph is taken to be satisfied if:
 (a) the conduct referred to in paragraph (1)(a) involves a number of transactions that are structured or arranged to avoid the reporting requirements of the Financial Transaction Reports Act 1988 that would otherwise apply to the transactions; or
 (b) the conduct involves using one or more accounts held with ADIs in false names; 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; or
 (d) the conduct involves a significant cash transaction within the meaning of the 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
 (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.

 (3) Subparagraph (1)(b)(ii) applies if the conduct in question takes place:
 (a) in the course of or for the purposes of importation of goods into, or exportation of goods from, Australia; or
 (b) by means of a communication using a postal, telegraphic or telephonic service within the meaning of paragraph 51(xx) of the Constitution; or
 (c) in the course of banking (other than State banking that does not extend beyond the limits of the State concerned).

 (4) Absolute liability applies to paragraph (1)(b).

 (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 400.3, 400.4, 400.5, 400.6 or 400.7 in relation to money or property if:
 (a) at or before the time of dealing with the money or property, the person considered