Criminal Code Act 1995

S 400.9(1AA) inserted by No 3 of 2021, s 3 and Sch 1 item 62, 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 400.9(1AB) inserted by No 3 of 2021, s 3 and Sch 1 item 62, 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 400.9(1) amended by No 3 of 2021, s 3 and Sch 1 item 63, by substituting " proceeds of indictable crime " for " proceeds of crime " in para (b), 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 400.9(1) substituted by No 4 of 2010, s 3 and Sch 5 item 16, applicable in relation to conduct engaged in on or after 19 March 2010. S 400.9(1) formerly read:

(1)
A person is guilty of an offence if:

(a) the person:

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

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

(b) it is reasonable to suspect any of the following:

(i) the money or property is proceeds of crime in relation to a Commonwealth indictable offence or a foreign indictable offence;

(ia) the money or property is proceeds of crime in relation to a State indictable offence;

(ib) the money or property is proceeds of crime in relation to an Australian Capital Territory indictable offence or a Northern Territory indictable offence;

(ii) the money or property is proceeds of crime, and the person ' s conduct referred to in paragraph (a) takes place in circumstances referred to in subsection (3) .

Penalty: Imprisonment for 2 years, or 50 penalty units, or both.

S 400.9(1) amended by No 170 of 2006, s 3 and Sch 1 items 32 and 33, by substituting " any " for " either or both " in para (b) and inserting para (b)(ia) and (ib), effective 13 December 2006.

S 400.9(1A) amended by No 3 of 2021, s 3 and Sch 1 item 64, by substituting " proceeds of indictable crime " for " proceeds of crime " in para (b), 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 400.9(1A) inserted by No 4 of 2010, s 3 and Sch 5 item 16, applicable in relation to conduct engaged in on or after 19 March 2010.

S 400.9(2) amended by No 3 of 2021, s 3 and Sch 1 items 65 and 66, by substituting " For the purposes of this section, it is taken to be reasonable to suspect that money or other property is proceeds of indictable crime if: " for " Without limiting paragraph (1)(b) or (1A)(b), that paragraph is taken to be satisfied if: " and substituting " constituting the offence " for " referred to in paragraph (1)(a) " in para (a), 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 400.9(2) amended by No 4 of 2010, s 3 and Sch 5 items 17 and 18, by inserting " (1A)(b) " after " (1)(b) " and inserting " over a reasonable period within which the conduct occurs " after " expenditure " in para (c), applicable in relation to conduct engaged in on or after 19 March 2010.

S 400.9(2) amended by No 170 of 2006, s 3 and Sch 1 items 34 to 36, by inserting paras (aa), (ba) and (da), effective 13 December 2006.

S 400.9(3) repealed by No 4 of 2010, s 3 and Sch 5 item 19, applicable in relation to conduct engaged in on or after 19 March 2010. S 400.9(3) formerly read:

(3)
Subparagraph (1)(b)(ii) applies if the conduct in question takes place:

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

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

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

S 400.9(4) amended by No 3 of 2021, s 3 and Sch 1 item 67, by inserting " (1AA)(b) and (c), (1AB)(b) and (c), " , 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 400.9(4) amended by No 4 of 2010, s 3 and Sch 5 item 20, by substituting " paragraphs (1)(b) and (c) and (1A)(b) and (c) " for " paragraph (1)(b) " , applicable in relation to conduct engaged in on or after 19 March 2010.

S 400.9(6) repealed by No 4 of 2010, s 3 and Sch 5 item 21, applicable in relation to conduct engaged in on or after 19 March 2010. S 400.9(6) formerly read:

(6)
Subparagraph (1)(b)(ia), in its application to an offence against subsection (1), 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 400.9(6) inserted by No 170 of 2006, s 3 and Sch 1 item 37, effective 13 December 2006.