Intentionally dealing in proceeds of crime – Any value is an offence under section 400.8(1) of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of 12 months in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
You ‘dealt with’ money or property if you:
‘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
Duress is a defence to the charge.
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