Section 193D Crimes Act | Deal with Property that Becomes Instrument of Crime


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The Legislation

Section 193D of the Crimes Act is the offence of Deal with Property that Becomes Instrument of Crime and is extracted below.

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193D Dealing with property that subsequently becomes an instrument of crime

(1) If:
(a) a person deals with property intending that the property will become an instrument of crime, and
(b) the property subsequently becomes an instrument of crime, the person is guilty of an offence. Maximum penalty: imprisonment for 15 years.

(2) If:
(a) a person deals with property being reckless as to whether the property will become an instrument of crime, and
(b) the property subsequently becomes an instrument of crime, the person is guilty of an offence.Maximum penalty: imprisonment for 10 years.

(3) Proceedings for an offence under this section must not be commenced without the consent of the Director of Public Prosecutions.

(4) It is a defence to a prosecution for an offence under this section if the defendant satisfies the court that the defendant dealt with the proceeds of crime to assist the enforcement of a law of the Commonwealth, a State or a Territory.

(5) In this section:”property” means money or other valuables.