New South Wales Consolidated Acts

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CRIMES ACT 1900 - SECT 193C

Dealing with property suspected of being proceeds of crime

193C Dealing with property suspected of being proceeds of crime

(1) A person is guilty of an offence if:
(a) the person deals with property, and
(b) there are reasonable grounds to suspect that the property is proceeds of crime, and
(c) at the time of the dealing, the value of the property is $100,000 or more.
Maximum penalty: Imprisonment for 5 years.
(2) A person is guilty of an offence if:
(a) the person deals with property, and
(b) there are reasonable grounds to suspect that the property is proceeds of crime, and
(c) at the time of the dealing, the value of the property is less than $100,000.
Maximum penalty: Imprisonment for 3 years.
(3) Without limiting subsection (1) (b) or (2) (b), there are reasonable grounds to suspect that property is proceeds of crime in each of the following circumstances:
(a) in the case of subsection (1) (a)-the dealing involves a number of transactions that are structured or arranged to avoid the reporting requirements of the Financial Transaction Reports Act 1988 of the Commonwealth that would otherwise apply to the transactions,
(b) the dealing involves a number of transactions that are structured or arranged to avoid the reporting requirements of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 of the Commonwealth that would otherwise apply to the transactions,
(c) the dealing involves using one or more accounts held with authorised deposit-taking institutions in false names,
(d) the dealing amounts to an offence against section 139, 140 or 141 of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 of the Commonwealth,
(e) the value of the property involved in the dealing is, in the opinion of the trier of fact, grossly out of proportion to the defendant’s income and expenditure over a reasonable period within which the dealing occurs,
(f) the dealing involves a significant cash transaction (within the meaning of the Financial Transaction Reports Act 1988 of the Commonwealth) and the defendant:
(i) has contravened the defendant’s obligations under that Act relating to reporting the transaction, or
(ii) has given false or misleading information in purported compliance with those obligations,
(g) the dealing involves a threshold transaction (within the meaning of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 of the Commonwealth) and the defendant:
(i) has contravened the defendant’s obligations under that Act relating to reporting the transaction, or
(ii) has given false or misleading information in purported compliance with those obligations,
(h) the defendant:
(i) has stated that the dealing was engaged in on behalf of or at the request of another person, and
(ii) has not provided information enabling the other person to be identified and located.
(4) It is a defence to a prosecution for an offence under this section if the defendant satisfies the court that the defendant had no reasonable grounds for suspecting that the property was substantially derived or realised, directly or indirectly, from an act or omission constituting an offence against a law in force in the Commonwealth, a State or a Territory or another country.



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