New South Wales Consolidated Acts

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CRIMES ACT 1900 - SECT 193BA

Money laundering--proceeds of general crime

193BA Money laundering--proceeds of general crime

(1) A person is guilty of an offence if the person deals with proceeds of general crime with a value of $100,000 or more--
(a) being reckless as to whether it is proceeds of general crime, and
(b) intending to conceal or disguise features of the property.
: Maximum penalty--Imprisonment for 15 years.
(2) Without limiting subsection (1)(b), the following may be relevant to whether a person intended to conceal or disguise features of money or other property--
(a) the nature of the money or other property,
(b) the value of the money or other property,
(c) the source of the money or other property,
(d) the location of the money or other property,
(e) any disposition of the money or other property,
(f) any movement of the money or other property,
(g) any rights in relation to the money or other property,
(h) the identity of a person who has rights in relation to the money or other property,
(i) the identity of a person who has effective control of the money or other property.
(3) A person is guilty of an offence if the person deals with proceeds of general crime with a value of $100,000 or more being reckless as to whether it is proceeds of general crime.
: Maximum penalty--Imprisonment for 10 years.
(4) It is a defence to a prosecution for an offence under this section if the defendant satisfies the court that the defendant deals with the proceeds of crime to assist the enforcement of a law of the Commonwealth, a State or a Territory.



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