(2) A person engages in money laundering if the person
knowingly or recklessly—
(a) engages, directly or indirectly, in a
transaction involving money or other property that is tainted property; or
(b) receives, possesses, disposes of or brings into Queensland money or other
property that is tainted property; or
(c) conceals or disguises the source,
existence, nature, location, ownership or control of tainted property.
(2A)
For subsection (2) , a person knowingly does an act mentioned in subsection
(2) (a) , (b) or (c) in relation to property (
"knowingly engaging in money laundering" ) if the person knows, or ought
reasonably to know, that the property is tainted property or is derived from
some form of unlawful activity.
(2B) For subsection (2) , a person recklessly
does an act mentioned in subsection (2) (a) , (b) or (c) in relation to
property (
"recklessly engaging in money laundering" ) if—
(a) the person is aware
there is a substantial risk the property is tainted property or derived from
some form of unlawful activity; and
(b) having regard to the circumstances
known to the person, it is unjustifiable for the person to take the risk.
(2C) The question whether taking a risk is unjustifiable is one of fact.
(3)
In applying this section to a financial institution, the fact that the
financial institution is, or has been, subject to a monitoring order or a
suspension order must be disregarded.
(3A) The
Penalties and Sentences Act 1992, section 161Q also states a circumstance of
aggravation for an offence against this section.
(3B) An indictment charging
an offence against this section with the circumstance of aggravation stated in
the Penalties and Sentences Act 1992, section 161Q may not be presented
without the consent of a Crown Law Officer.
(4) In this section—
"tainted property" includes property that is tainted property because of an
interstate confiscation offence.
