Commonwealth Numbered Acts

ANTI-MONEY LAUNDERING AND COUNTER-TERRORISM FINANCING ACT 2006 (NO. 169, 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 .