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Dealing with Suspected Proceeds of Crime

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:

  1. You dealt with property
  2. There are reasonable grounds to suspect the property was the proceeds of crime, and
  3. The value of the property at the time of dealing was less than $100,000

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:

  1. Receiving, possessing, concealing or disposing of,
  2. Bringing or causing to be brought into NSW, by electronic transfer, and
  3. Engaging directly or indirectly in a transaction, including receiving or giving a gift

‘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:

  1. Any offence that can be prosecuted ‘on indictment’ (ie in a higher court)
  2. Supplying a restricted substance, or
  3. An offence committed outside NSW that would constitute the above if it were committed within the state

The section provides a list of situations which amount to ‘reasonable grounds’ for suspecting property is the proceeds of crime.

These include where:

  1. The dealing involves accounts in false names
  2. You state the dealing was for another person but fail to give that person’s details, or
  3. There are several transactions that appear to be structured to avoid reporting requirements

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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