Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p132
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 132/169)
Character Range: 1517583–1520543

an instrument of crime, to establish that:
 (a) an intention or risk that a particular offence will be committed in relation to the money or property; or
 (b) an intention or risk that a particular person will commit an offence in relation to the money or property.

400.14  Alternative verdicts
  If, on a trial for an offence against a provision of this Division (the offence charged), the trier of fact:
 (a) is not satisfied that the defendant is guilty of the offence charged; but
 (b) is otherwise satisfied that the defendant is guilty of 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;
the trier of fact may find the defendant not guilty of the offence charged but guilty of the other offence, so long as the person has been accorded procedural fairness in relation to that finding of guilt.

400.14A  Recklessness as to nature of money or property sufficient for offence of attempt to commit an offence against certain provisions of this Part
 (1) Despite subsection 11.1(3), for the offence of attempting to commit an offence against any of the following provisions:
 (a) subsection 400.2B(4);
 (b) subsection 400.2B(5);
 (c) subsection 400.2B(6);
 (d) subsection 400.2B(7);
 (e) subsection 400.2B(8);
 (f) subsection 400.2B(9);
 (g) subsection 400.3(2);
 (h) subsection 400.3(2A);
 (i) subsection 400.3(2B);
 (j) subsection 400.3(3);
 (k) subsection 400.3(3A);
 (l) subsection 400.3(3B);
 (m) subsection 400.4(2);
 (n) subsection 400.4(2A);
 (o) subsection 400.4(2B);
 (p) subsection 400.4(3);
 (q) subsection 400.4(3A);
 (r) subsection 400.4(3B);
 (s) subsection 400.5(2);
 (t) subsection 400.5(3);
 (u) subsection 400.6(2);
 (v) subsection 400.6(3);
 (w) subsection 400.7(2);
 (x) subsection 400.7(3);
 (y) subsection 400.8(2);
 (z) subsection 400.8(3);
recklessness is the fault element in relation to whichever of the following is a physical element of the offence attempted:
 (za) that money or property is proceeds of indictable crime;
 (zb) that money or property is proceeds of general crime.
Note: Proof of intention, knowledge or recklessness will satisfy a fault element of recklessness: see subsection 5.4(4)

400.15  Geographical jurisdiction
 (1) A person does not commit an offence against this Division unless:
 (a) the conduct constituting the alleged offence occurs:
 (i) wholly or partly in Australia; or
 (ii) wholly or partly on board an Australian aircraft or an Australian ship; or
 (b) except in the case of an alleged offence against a proceeds of general crime offence provision—the conduct constituting the alleged offence occurs wholly outside Australia (but not on board an Australian aircraft or an Australian ship) and the money or other property:
 (i) is proceeds of indictable crime; or
 (ii) is intended to become an instrument of crime; or
 (iii) is at risk of becoming an instrument of crime;
  in