Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 10 - NATIONAL INFRASTRUCTURE  

Part 10.2 - Money laundering  

Division 400 - Money laundering  

SECTION 400.10A   Effect of money or property being provided as part of a controlled operation - proceeds of indictable crime  

(1)    

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In a prosecution for an offence by a person against section 400.2B , 400.3 , 400.4 , 400.5 , 400.6 , 400.7 or 400.8 (other than an offence against a proceeds of general crime offence provision) in relation to the person dealing with money or other property, it is not necessary to prove that the money or property is proceeds of indictable crime if it is proved that, as part of a controlled operation in relation to suspected offences against this Division, either of the following provided the money or property:

(a)    a law enforcement participant in the controlled operation;

(b)    a civilian participant in the controlled operation, acting in accordance with the instructions of a law enforcement officer.

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History

S 400.10A(1) amended by No 3 of 2021, s 3 and Sch 1 items 82 - 84, by inserting " 400.2B, " , " (other than an offence against a proceeds of general crime offence provision) " and substituting " proceeds of indictable crime " for " proceeds of crime " , applicable in relation to a dealing with money or other property that occurs after 17 February 2021.

(2)    
In this section:

civilian participant
in a controlled operation has the meaning given by Part IAB of the Crimes Act 1914 .

controlled operation
has the meaning given by Part IAB of the Crimes Act 1914 .

law enforcement officer
has the meaning given by subsection 3(1) of the Crimes Act 1914 .

law enforcement participant
in a controlled operation has the meaning given by Part IAB of the Crimes Act 1914 .

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History

S 400.10A inserted by No 133 of 2020, s 3 and Sch 1 item 125, effective 18 December 2020. No 133 of 2020, s 3 and Sch 1 item 126 contains the following application and transitional provision:

126 Application and transitional provisions  
(1)
The repeal and substitution of subsection 400.2A(2) of the Criminal Code made by this Part does not, by implication, affect the interpretation of that subsection as in force before the commencement of this item.

(2)
Section 400.10A of the Criminal Code, as inserted by this Part, applies in relation to dealings with money or other property on or after the commencement of this item.

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