Proceeds of Crime

Dealing with proceeds of crime

A person must not deal with proceeds of crime
- knowing that it is proceeds of crime; and
- intending to conceal that it is proceeds of crime.
Penalty: Level 3 imprisonment (20 years maximum).

A person must not deal with proceeds of crime knowing that it is proceeds of crime.
Penalty: Level 4 imprisonment (15 years maximum).

A person must not deal with proceeds of crime being reckless as to whether or not it is proceeds of crime.
Penalty: Level 5 imprisonment (10 years maximum).

A person must not deal with proceeds of crime being negligent as to whether or not it is proceeds of crime.
Penalty: Level 6 imprisonment (5 years maximum).

It is a defence to a prosecution for an offence under this section if the accused satisfies the court that the accused dealt with the property in order to assist the enforcement of a law of the Commonwealth, a State or a Territory.

Dealing with property suspected of being proceeds of crime
A person who deals with property if there are reasonable grounds to suspect that the property is proceeds of crime is guilty of a summary offence.
Penalty: Level 7 imprisonment (2 years maximum).

Dealing with property which subsequently becomes an instrument of crime
A person is guilty of an offence and liable to level 4 imprisonment (15 years maximum) if
- the person deals with property intending that the property will become an instrument of crime; and
- the property subsequently becomes an instrument of crime.

A person who deals with property being reckless as to whether or not the property will become an instrument of crime; andthe property subsequently becomes an instrument of crime is guilty an offence.
Penalty: Level 5 imprisonment (10 years maximum).

A person who deals with property being negligent as to whether or not the property will become an instrument of crime; and- the property subsequently becomes an instrument of crime is guilty an offence.
Penalty: Level 6 imprisonment (5 years maximum).

A prosecution for an offence under this section must not be commenced without the consent of the Director of Public Prosecutions.

It is a defence if the accused satisfies the court that the accused dealt with the property in order to assist the enforcement of a law of the Commonwealth, a State or a Territory.

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