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Dealing in Proceeds of Crime

Section 400.8 Criminal Code Act | Dealing in Proceeds of Crime


Section 400.8 of the Criminal Code Act 1995 (Cth) is Dealing in Proceeds of Crime and is extracted below.

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400.8  Dealing in proceeds of crime etc.—money or property of any value

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

                     (a)  the person deals with money or other property; and

                     (b)  either:

                              (i)  the money or property is, and the person believes it to be, proceeds of crime; or

                             (ii)  the person intends that the money or property will become an instrument of crime.

Penalty:  Imprisonment for 12 months, or 60 penalty units, or both.

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

                     (a)  the person deals with money or other property; and

                     (b)  either:

                              (i)  the money or property is proceeds of crime; or

                             (ii)  there is a risk that the money or property will become an instrument of crime; and

                     (c)  the person is reckless as to the fact that the money or property is proceeds of crime or the fact that there is a risk that it will become an instrument of crime (as the case requires).

Penalty:  Imprisonment for 6 months, or 30 penalty units, or both.

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

                     (a)  the person deals with money or other property; and

                     (b)  either:

                              (i)  the money or property is proceeds of crime; or

                             (ii)  there is a risk that the money or property will become an instrument of crime; and

                     (c)  the person is negligent as to the fact that the money or property is proceeds of crime or the fact that there is a risk that it will become an instrument of crime (as the case requires).

Penalty:  10 penalty units.

Note:          Section 400.2A affects the application of this section so far as it relates to a person dealing with money or other property that:

(a)           is intended by the person to become an instrument of crime; or

(b)           is at risk of becoming an instrument of crime.


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Dealing in Proceeds of Crime

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Dealing in Proceeds of Crime
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