CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 138A
CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 138A
138A—Dealing in instruments of crime
(1) A person who deals
in property is guilty of an offence if—
(a) the
person knows that—
(i)
the property is an instrument of crime; and
(ii)
the dealing may facilitate the commission of a crime or
assist an offender to escape detection or avoid any other consequence of the
crime; and
(b) the
person's conduct is dishonest.
Maximum penalty:
In the case of a natural person—Imprisonment for 20 years.
In the case of a body corporate—$600 000.
(2) A person who deals
in property is guilty of an offence if—
(a) the
property is an instrument of crime; and
(b) the
person—
(i)
ought reasonably to know that it is an
instrument of crime; and
(ii)
is reckless about whether the dealing may facilitate the
commission of a crime or assist an offender to escape detection or avoid any
other consequence of the crime; and
(c) the
person's conduct is dishonest.
Maximum penalty:
In the case of a natural person—Imprisonment for 4 years.
In the case of a body corporate—$120 000.
(3) In this
section—
"crime" means—
(a) an
indictable offence against the law of the State or a corresponding offence
against the law of the Commonwealth, another State or a Territory, or a place
outside Australia; or
(b) any
of the following offences:
(i)
an offence of a kind that is required to be prosecuted,
and dealt with by the Magistrates Court, as a summary offence under a
provision of Part 5 Division 2 of the Controlled Substances Act 1984 ; or
(ii)
an offence against section 68(3) of the
Criminal Law Consolidation Act 1935 ; or
(iii)
an offence against section 28(1)(a) of the
Summary Offences Act 1953 ;
"instrument of crime" means—
(a)
property that has been used or is intended for use for or in connection with
the commission of a crime; or
(b)
property into which any such property has been converted.