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Section 400.6 Criminal Code Act 1995
Dealing in Proceeds of Crime $10,000 or more

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Intentionally dealing in proceeds of crime – $10,000 or more is an offence under section 400.6(1) of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of 10 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You dealt with money or other property
  2. The money or property was, and you believed it was, the proceeds of crime, or you intended for it to become an instrument of crime, and
  3. The value of the money and/or property was $10,000 or more.

You ‘dealt with’ money or property if you:

  1. Received, possessed, concealed or disposed of it
  2. Imported it into, or exported it from, Australia, or
  3. Engaged in a banking transaction relating to it.

‘Importing’ or ‘exporting’ includes transferring by electronic communication.

‘Property’ means real or personal property of any description, whether in Australia or elsewhere, whether tangible or intangible, including any interest in the property.

The definition encompasses financial instruments, cards and other objects that represent or can be exchanged for money.

‘Proceeds of crime’ means wholly or partly derived or realised, directly or indirectly, by any person from the commission of an offence against the Commonwealth, a State or Territory, or a foreign country, that may be dealt with as an indictable offence.

An ‘indictable offence’ is one which may be dealt with in a higher court such as the District or Supreme Court.

An ‘instrument of crime’ is money or property used in the commission of, or to facilitate the commission of, an offence against the Commonwealth, a State or Territory, or a foreign country, that may be dealt with as an indictable offence.

You are not guilty of the offence if you are able to establish ‘on the balance of probabilities’ that you mistakenly but reasonably believed the value of the money or property was less than $10,000. In that event, you may be found guilty of an alternative, less-serious offence.

Duress is a defence to the charge.


Recklessly dealing in proceeds of crime – $10,000 or more is an offence under section 400.6(2) of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of 5 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You dealt with money or other property
  2. The money or property was the proceeds of crime, or there was a risk it would become an instrument of crime
  3. You were reckless as to whether the money or property was the proceeds of crime or would become an instrument of crime, and
  4. The value of the money and/or property was $10,000 or more.

You ‘dealt with’ money or property if you:

  1. Received, possessed, concealed or disposed of it
  2. Imported it into, or exported it from, Australia, or
  3. Engaged in a banking transaction relating to it.

‘Importing’ or ‘exporting’ includes transferring by electronic communication.

‘Property’ means real or personal property of any description, including any interest in the property.

The definition encompasses financial instruments, cards and other objects that represent or can be exchanged for money.

‘Proceeds of crime’ means wholly or partly derived or realised, directly or indirectly, by any person from the commission of an offence against the Commonwealth, a State or Territory, or a foreign country, that may be dealt with as an indictable offence.

An ‘indictable offence’ is one which may be dealt with in a higher court such as the District or Supreme Court.

An ‘instrument of crime’ is money or property used in the commission of, or to facilitate the commission of, an offence against the Commonwealth, a State or Territory, or a foreign country, that may be dealt with as an indictable offence.

You were ‘reckless’ if you were aware there was a substantial risk that the money or property was the proceeds of crime, or that there was a risk it would become an instrument of crime and it was unjustifiable to take that risk but you went ahead with your actions regardless.

You are not guilty of the offence if you are able to establish ‘on the balance of probabilities’ that you mistakenly but reasonably believed the value of the money or property was less than $10,000.

In that event, you may be found guilty of an alternative, less-serious offence.

Duress is a defence to the charge.

If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your Dealing in Proceeds of Crime $10,000 or more matter, call Sydney Criminal Lawyers® today on (02) 9261 8881.

The Legislation

Section 400.6 of the Criminal Code Act 1995 (Cth) is Dealing in Proceeds of Crime $10,000 or more and is extracted below.

If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your Dealing in Proceeds of Crime $10,000 or more matter, call Sydney Criminal Lawyers® today on (02) 9261 8881.

400.6 Dealing in proceeds of crime etc.—money or property worth $10,000 or more

(1) A person is guilty of 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 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 $10,000 or more.

Penalty: Imprisonment for 10 years, or 600 penalty units, or both.

(2) A person is guilty of an offence if:
(a) the person deals with money or other property; and
(b) either:
(i) the money or property is proceeds of crime; or
(ii) there is a risk that the money or property will become an instrument of crime; and
(c) the person is reckless as to the fact that the money or property is proceeds of crime or the fact that there is a risk that it will become an instrument of crime (as the case requires); and
(d) at the time of the dealing, the value of the money and other property is $10,000 or more.

Penalty: Imprisonment for 5 years, or 300 penalty units, or both.

(3) A person is guilty of an offence if:
(a) the person deals with money or other property; and
(b) either:
(i) the money or property is proceeds of crime; or
(ii) there is a risk that the money or property will become an instrument of crime; and
(c) the person is negligent as to the fact that the money or property is proceeds of crime or the fact that there is a risk that it will become an instrument of crime (as the case requires); and
(d) at the time of the dealing, the value of the money and other property is $10,000 or more.

Penalty: Imprisonment for 2 years, or 120 penalty units, or both.

(4) Absolute liability applies to paragraphs (1)(c), (2)(d) and (3)(d).

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.

Why Choose Sydney Criminal Lawyers®?

Going to court can be nerve-racking, but having a strong and compassionate legal team behind you can make the experience significantly easier to deal with.

Here are 12 reasons to choose our multi-award winning legal team:

  1. Proven Track Record of Exceptional Results

    Sydney Criminal Lawyers® consistently achieves outcomes which are in the highest percentile of the Judicial Commission’s sentencing statistics for criminal cases.

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    We also consistently win appeals in the District and Supreme Courts (including the NSWCCA) after clients have received unsatisfactory results with other law firms in the lower courts.We are one of the few firms to achieve successful criminal law appeals in the High Court of Australia.

    Where our clients wish to plead guilty, we frequently achieve ‘dismissals’ and ‘non convictions’ in cases where other lawyers have advised there is no chance of doing so.

  2. Highest Level of Client Satisfaction

    We have the best and most comprehensive client review record of any law firm in Australia.

    Regular communication, accessibility and quality service are our team’s highest priorities.

    We are committed to thoroughly explaining all steps involved in the criminal law process, providing regular updates throughout the proceedings, and making ourselves accessible and responsive.

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  3. Australia’s Most Awarded Criminal Law Firm

    We have received more awards and accolades than any other criminal law firm in Australia. Our team has been awarded “Criminal Defence Firm of the Year in Australia” in a number of prestigious and competitive awards programs for several years running.

    The awards recognise our exceptional track record of results, our outstanding client service, the high level of satisfaction we achieve, the affordability of our services and our overall excellence.

  4. Fixed Fees

    We want our clients to know exactly how much their cases will cost from the very start. That’s why we were the first criminal law firm in Australia to publish ‘fixed fees’, back in 2004.

    We offer fixed fees for most types of criminal cases and services.Our fixed fees apply to a range of Local Court cases such as drink driving, drug possession, fraud, common assault and AVOs, and also specific services such as prison visits, bail applications, appeals and defended hearings.

    Unlike many other law firms, our fixed fees are published on our website – which ensures transparency and certainty.

  5. Free First Appointment

    For those who are going to court, we offer a free first conference of up to an hour with one of our Senior Criminal Defence Lawyers.

    We also offer a free first conference to those who have received an unsatisfactory result after being represented in court by another law firm, or after representing themselves, and wish to appeal.

  6. Specialist Lawyer Guarantee

    We guarantee that only lawyers with substantial criminal defence experience will work on your case and appear for you in court.

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  7. All NSW Courts

    From Bombala to Broken Hill, our lawyers appear in courts throughout New South Wales – and across Australia for Commonwealth cases.

    And we offer fixed fees for most criminal and traffic law cases throughout the state.

  8. Accredited Specialists

    Our entire firm is exclusively dedicated to criminal law – which makes us true specialists.

    All of our lawyers have years of experience representing clients in criminal cases, and our principal has been certified by the Law Society of NSW as an Accredited Criminal Law Specialist since 2005.

    An ‘Accredited Specialist’ is a lawyer who has practised for at least 5 years in a particular field of law (such as criminal law), has passed a rigorous assessment process conducted by the Law Society of NSW, and has been selected by the Specialist Accreditation Committee of the Law Society as an expert in the field.

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  9. Results-Focused Law Firm

    Our team is passionate about achieving results, and unlike many other law firms, our lawyers do not have monthly financial ‘budgets’ to meet.

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  12. Convenience

    We have offices in locations across the Sydney Metropolitan Area and beyond, including:

    We offer free parking at our Sydney CBD offices, and all of our offices are close to train stations and bus terminals.

    For those who are unable to attend our offices, we offer conferences by telephone, Skye and FaceTime anywhere around the world.

    If you are going to court and wish to arrange a free first consultation, call our 24 hour hotline on (02) 9261 8881 or send us an email at info@sydneycriminallawyers.com.au.

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