Dealing with suspected proceeds of crime is an offence under section 193C of the Crimes Act 1900 which carries a maximum penalty of 3 years in prison
To establish the offence, the prosecution must prove beyond reasonable doubt that:
The maximum penalty increases to 5 years in prison where the value of the property at the time of dealing was $100,000 or more
‘Deal with’ includes:
‘Proceeds of crime’ is defined as:
Property that is substantially derived or realised, directly or indirectly, by any person from the commission of a serious offence
‘Serious offence’ is defined as:
The section provides a list of situations which amount to ‘reasonable grounds’ for suspecting property is the proceeds of crime.
These include where:
You are not guilty if you are able to establish ‘on the balance of probabilities’ that you had no reasonable grounds to suspect the property was derived from crime
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