Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 10 - NATIONAL INFRASTRUCTURE  

Part 10.2 - Money laundering  

Division 400 - Money laundering  

SECTION 400.1   Definitions  

(1)    

In this Division:

ADI
(authorised deposit-taking institution) means:

(a) a body corporate that is an ADI for the purposes of the Banking Act 1959 ; or

(b) the Reserve Bank of Australia; or

(c) a person who carries on State banking within the meaning of paragraph 51(xiii) of the Constitution.

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

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).

deals with money or other property
has the meaning given by section 400.2 .

director
, in relation to a company, means:

(a) any person occupying or acting in the position of director of the company, by whatever name called and whether or not validly appointed to occupy or duly authorised to act in the position; and

(b) any person in accordance with whose directions or instructions the directors of the company are accustomed to act, other than when those directors only do so:

(i) in the proper performance of the functions attaching to the person ' s professional capacity; or

(ii) in their business relationship with the person.

effective control
has a meaning affected by section 400.2AA .

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

federal aspect
is defined in section 390.2 .

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

foreign 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

(c) a law of a Territory.

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

instrument of crime
: money or other property is an instrument of crime if it is used in the commission of, or used to facilitate the commission of, an offence against a law of the Commonwealth, a State, a Territory or a foreign country that may be dealt with as an indictable offence (even if it may, in some circumstances, be dealt with as a summary offence).

Northern Territory indictable offence
means an offence against a law of 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).

proceeds of crime
(Repealed by No 3 of 2021)

proceeds of general crime
means any money or other property that is wholly or partly derived or realised, directly or indirectly, by any person from the commission of:

(a) an offence against a law of the Commonwealth, a State or a Territory; or

(b) a foreign offence.

proceeds of general crime offence provision
means an offence against any of the following provisions:

(a) subsection 400.2B(2) ;

(b) subsection 400.2B(3) ;

(c) subsection 400.2B(5) ;

(d) subsection 400.2B(6) ;

(e) subsection 400.2B(8) ;

(f) subsection 400.2B(9) ;

(g) subsection 400.3(1A) ;

(h) subsection 400.3(1B) ;

(i) subsection 400.3(2A) ;

(j) subsection 400.3(2B) ;

(k) subsection 400.3(3A) ;

(l) subsection 400.3(3B) ;

(m) subsection 400.4(1A) ;

(n) subsection 400.4(1B) ;

(o) subsection 400.4(2A) ;

(p) subsection 400.4(2B) ;

(q) subsection 400.4(3A) ;

(r) subsection 400.4(3B) .

proceeds of indictable crime
means:

(a) any money or other property that is wholly or partly derived or realised, directly or indirectly, by any person from the commission of a particular offence against a law of the Commonwealth, a State, a Territory or a foreign country that may be dealt with as an indictable offence (even if it may, in some circumstances, be dealt with as a summary offence); or

(b) any money or other property that is wholly or partly derived or realised, directly or indirectly, by any person from the commission of an offence of a particular kind against a law of the Commonwealth, a State, a Territory or a foreign country that may be dealt with as an indictable offence (even if an offence of that kind may, in some circumstances, be dealt with as a summary offence).

property
means real or personal property of every description, whether situated in Australia or elsewhere and whether tangible or intangible, and includes an interest in any such real or personal property.

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

(2)    
To avoid doubt, a reference in this Division to money or other property includes a reference to financial instruments, cards and other objects that represent money or can be exchanged for money, whether or not they have intrinsic value.

(3)    

For the purposes of the definition of foreign indictable offence in subsection (1), 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 indictable crime, or could become an instrument of crime, in relation to the offence if the offence were a foreign indictable offence.