Criminal Code Act 1995

S 400.2 amended by No 3 of 2021, s 3 and Sch 1 item 5, by substituting " (1) For the purposes of this Division, a person " for " A person " , applicable in relation to a dealing with money or other property, or other conduct engaged in by a person, as the case requires, that occurs after 17 February 2021.

S 400.2(2) inserted by No 3 of 2021, s 3 and Sch 1 item 6, applicable in relation to a dealing with money or other property, or other conduct engaged in by a person, as the case requires, that occurs after 17 February 2021.

S 400.2(3) inserted by No 3 of 2021, s 3 and Sch 1 item 6, applicable in relation to a dealing with money or other property, or other conduct engaged in by a person, as the case requires, that occurs after 17 February 2021.

S 400.2(4) inserted by No 3 of 2021, s 3 and Sch 1 item 6, applicable in relation to a dealing with money or other property, or other conduct engaged in by a person, as the case requires, that occurs after 17 February 2021.

S 400.2(5) inserted by No 3 of 2021, s 3 and Sch 1 item 6, applicable in relation to a dealing with money or other property, or other conduct engaged in by a person, as the case requires, that occurs after 17 February 2021.

S 400.2 substituted by No 4 of 2010, s 3 and Sch 5 item 4, applicable in relation to conduct engaged in on or after 19 March 2010. S 400.2 formerly read:

SECTION 400.2 Meaning of dealing with money or other property  
(1)
For the purposes of this Division, a person deals with money or other property if:

(a) the person does any of the following:

(i) receives, possesses, conceals or disposes of money or other property;

(ii) imports money or other property into, or exports money or other property from, Australia;

(iii) engages in a banking transaction relating to money or other property; and

(b) the money or other property is proceeds of crime, or could become an instrument of crime, in relation to an offence that is:

(i) a Commonwealth indictable offence; or

(ii) a foreign indictable offence; or

(iii) a State indictable offence; or

(iv) an Australian Capital Territory indictable offence; or

(v) a Northern Territory indictable offence.

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S 400.2(1) amended by No 170 of 2006, s 3 and Sch 1 item 30, by substituting para (b), effective 13 December 2006. Para (b) formerly read:

(b) the money or other property is proceeds of crime, or could become an instrument of crime, in relation to an offence that is a Commonwealth indictable offence or a foreign indictable offence.

(2)
For the purposes of this Division, a person deals with money or other property if:

(a) the person does any of the following:

(i) receives, possesses, conceals or disposes of money or other property;

(ii) imports money or other property into, or exports money or other property from, Australia;

(iii) engages in a banking transaction relating to money or other property; and

(b) the person does any of the matters referred to in paragraph (a):

(i) in the course of or for the purposes of importation of goods into, or exportation of goods from, Australia; or

(ii) by means of a communication using a postal, telegraphic or telephonic service within the meaning of paragraph 51(v) of the Constitution; or

(iii) in the course of banking (other than State banking that does not extend beyond the limits of the State concerned).

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S 400.2(2) amended by No 100 of 2005, s 3 and Sch 1 item 12, by substituting " paragraph 51(v) " for " paragraph 51(xx) " in para (b)(ii), effective 1 January 2003.

(3)
Subparagraph (1)(b)(iii), in its application to a particular offence against this Division, has effect only to the extent to which it is a law with respect to external affairs (within the meaning of paragraph 51(xxix) of the Constitution).

S 400.2(3) substituted for s 400.2(3) and (4) by No 170 of 2006, s 3 and Sch 1 item 31, effective 13 December 2006. S 400.2(3) formerly read:

(3)
In this section:

banking transaction
includes:

(a) any transaction made at an ADI; and

(b) any transaction involving a money order.

Commonwealth indictable offence
means an offence against a law of the Commonwealth, or a law of a Territory (other than the Australian Capital Territory and the Northern Territory), that may be dealt with as an indictable offence (even if it may, in some circumstances, be dealt with as a summary offence).

export money or other property
, from Australia, includes transfer money or other property from Australia by an electronic communication.

foreign indictable offence
means an offence against a law of a foreign country constituted by conduct that, if it had occurred in Australia, would have constituted an offence against:

(a) a law of the Commonwealth; or

(b) a law of a State or Territory connected with the offence;

that may be dealt with as an indictable offence (even if it may, in some circumstances, be dealt with as a summary offence).

Note:

See subsection (4) for when a law of a State or Territory is connected with the offence.

import money or other property
, into Australia, includes transfer money or other property to Australia by an electronic communication.

(4)
(Repealed by No 170 of 2006)

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S 400.2(3) substituted for s 400.2(3) and (4) by No 170 of 2006, s 3 and Sch 1 item 31, effective 13 December 2006. S 400.2(4) formerly read:

(4)
For the purposes of the definition of foreign indictable offence in subsection (3) , a State or Territory is connected with the offence if:

(a) a dealing in money or property takes place in the State or Territory; and

(b) the money or property would be proceeds of crime, or could become an instrument of crime, in relation to the offence if the offence were a foreign indictable offence.