Commonwealth Consolidated Acts

ANTI-MONEY LAUNDERING AND COUNTER-TERRORISM FINANCING ACT 2006 - SECT 236

Scope

  (1)   This section applies to the following proceedings:

  (a)   criminal proceedings for an offence against the regulations;

  (b)   section   175 proceedings for a contravention of a civil penalty provision;

  (c)   proceedings under the Proceeds of Crime Act 2002 that relate to this Act.

Defence

  (2)   In the proceedings, it is a defence if the defendant proves that the defendant took reasonable precautions, and exercised due diligence, to avoid the contravention in respect of which the proceedings were instituted.

Note:   In criminal proceedings, a defendant bears a legal burden in relation to the matters in subsection   (2)--see section   13.4 of the Criminal Code .