Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p119
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 119/169)
Character Range: 1487242–1489789

money or property is proceeds of general crime; and
 (d) for each occasion, the conduct concealed or disguised any or all of the following:
 (i) the nature of the money or property;
 (ii) the value of the money or property;
 (iii) the source of the money or property;
 (iv) the location of the money or property;
 (v) any disposition of the money or property;
 (vi) any movement of the money or property;
 (vii) any rights in respect of the money or property;
 (viii) the identity of any person who has rights in respect of the money or property;
 (ix) the identity of any person who has effective control of the money or property; and
 (e) the sum of the values of the money and other property (where each value is worked out as at the time when the relevant conduct occurred) is $1,000,000 or more.
Penalty: Imprisonment for 5 years, or 300 penalty units, or both.

Absolute liability
 (4) Absolute liability applies to paragraphs (1)(c), (1A)(d), (1B)(d), (2)(d), (2A)(e), (2B)(e), (3)(d), (3A)(e) and (3B)(e).
Note 1: Section 400.10 provides for a defence of mistake of fact in relation to these paragraphs.
Note 2: Section 400.2A affects the application of this section so far as it relates to a person dealing with money or other property that:
(a) is intended by the person to become an instrument of crime; or
(b) is at risk of becoming an instrument of crime.

400.4  Proceeds of crime etc.—money or property worth $100,000 or more

Tier 1 offences
 (1) A person commits an offence if:
 (a) the person deals with money or other property; and
 (b) either:
 (i) the money or property is, and the person believes it to be, proceeds of indictable crime; or
 (ii) the person intends that the money or property will become an instrument of crime; and
 (c) at the time of the dealing, the value of the money and other property is $100,000 or more.
Penalty: Imprisonment for 20 years, or 1200 penalty units, or both.
 (1A) A person commits an offence if:
 (a) the person engages in conduct in relation to money or other property; and
 (b) the money or property is, and the person believes it to be, proceeds of general crime; and
 (c) the conduct concealed or disguised any or all of the following:
 (i) the nature of the money or property;
 (ii) the value of the money or property;
 (iii) the source of the money or property;
 (iv) the location of the money or property;
 (v) any disposition of the money or property;
 (vi) any movement of the money or property;
 (vii) any rights in respect of the money or property;
 (viii) the identity of any