Northern Territory Numbered Acts Northern Territory Numbered ActsPart VII, Divisions 3 to 5
repeal, insert
In this Division:
"deals with", in relation to money or other property, means:
(a) receives or has possession or control of the money or other property; or
(b) conceals or attempts to conceal the money or other property; or
(c) passes the money or other property to another person or disposes of the money or other property in any other way.
"indictable offence" includes an offence against a law of the Commonwealth, a State, another Territory or a foreign state, that would be an indictable offence if committed in the Territory.
"proceeds of crime" means money or other property that is derived or realised, directly or indirectly, by any person from the commission of an indictable offence.
(1) A person commits an offence if:
(a) the person intentionally deals with money or other property; and
(b) the money or other property:
(i) is the proceeds of crime; or
(ii) is being used or is intended to be used in the commission of, or to facilitate the commission of, an indictable offence; and
(c) the person:
(i) has knowledge of that circumstance; or
(ii) believes that that circumstance exists.
Maximum penalty: Imprisonment for 20 years.
(2) It is a defence to a prosecution for an offence against subsection (1) if the defendant engaged in the conduct mentioned in subsection (1)(a) in order to assist the enforcement of a law of the Territory, the Commonwealth, a State or another Territory.
Note for section 230
The defendant has an evidential burden in relation to the matters in subsection (2) (see section 43BU of the Criminal Code).
(1) A person commits an offence if:
(a) the person intentionally deals with money or other property; and
(b) the money or other property:
(i) is the proceeds of crime; or
(ii) is being used or is intended to be used in the commission of, or to facilitate the commission of, an indictable offence; and
(c) the person is reckless in relation to that circumstance.
Maximum penalty: Imprisonment for 10 years.
(2) It is a defence to a prosecution for an offence against subsection (1) if the defendant engaged in the conduct mentioned in subsection (1)(a) in order to assist the enforcement of a law of the Territory, the Commonwealth, a State or another Territory.
Note for section 231
The defendant has an evidential burden in relation to the matters in subsection (2) (see section 43BU of the Criminal Code).
(1) A person commits an offence if:
(a) the person intentionally deals with money or other property; and
(b) it is reasonable to suspect that the money or other property is proceeds of crime.
Maximum penalty: Imprisonment for 2 years.
(2) Absolute liability applies to subsection (1)(b).
(3) It is a defence to a prosecution for an offence against subsection (1) if the defendant had no reasonable grounds for suspecting that the money or other property was derived or realised, directly or indirectly, from some unlawful activity.
(4) The defendant has a legal burden of proof in relation to the matter mentioned in subsection (3).
(5) For subsection (1)(b), it is taken to be reasonable to suspect that money or other property is proceeds of crime if:
(a) the conduct mentioned in subsection (1)(a) involves a number of transactions that are structured or arranged to avoid the reporting requirements of the Financial Transaction Reports Act 1988 (Cth) that would otherwise apply to the transactions; or
(b) the conduct mentioned in subsection (1)(a) involves a number of transactions that are structured or arranged to avoid the reporting requirements of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) that would otherwise apply to the transactions; or
(c) the conduct mentioned in subsection (1)(a) involves the use of one or more accounts held with ADIs in false names; or
(d) the conduct mentioned in subsection (1)(a) amounts to an offence against section 139, 140 or 141 of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth); or
(e) the value of the money and property involved in the conduct mentioned in subsection (1)(a) is, in the opinion of the trier of fact, grossly out of proportion to the defendant's income and expenditure over a reasonable period within which the conduct occurs; or
(f) the conduct mentioned in subsection (1)(a) involves a significant cash transaction within the meaning of the Financial Transaction Reports Act 1988 (Cth), and the defendant:
(i) contravened the defendant's obligations under that Act relating to reporting the transaction; or
(ii) gave false or misleading information in purported compliance with those obligations; or
(g) the conduct mentioned in subsection (1)(a) involves a threshold transaction within the meaning of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), and the defendant:
(i) has contravened the defendant's obligations under that Act relating to reporting the transaction; or
(ii) has given false or misleading information in purported compliance with those obligations; or
(h) the defendant:
(i) has stated that the conduct mentioned in subsection (1)(a) was engaged in on behalf of or at the request of another person; and
(ii) has not provided information enabling the other person to be identified and located.
Note for subsection (5)
Subsection (5) is not an exhaustive list of circumstances.
(1) To avoid doubt, it is not necessary, in order to prove for the purposes of section 230, 231 or 232, that money or other property is the proceeds of crime, to establish that:
(a) a particular indictable offence was committed in relation to the money or other property; or
(b) a particular person committed an indictable offence in relation to the money or other property.
(2) To avoid doubt, it is not necessary, in order to prove for the purposes of section 230 or 231, that money or other property is being used or is intended to be used in the commission of, or to facilitate the commission of, an indictable offence, to establish that:
(a) a particular indictable offence is being committed or an intention that a particular indictable offence will be committed in relation to the money or other property; or
(b) a particular person is committing an indictable offence or an intention that a particular person will commit an indictable offence in relation to the money or other property.
A prosecution for an offence against this Division must not be commenced without the consent of the Director of Public Prosecutions.
(1) In a proceeding against a person charged with an offence against section 230, the trier of fact may find the person not guilty of the offence against that section but guilty of an alternative offence if the trier of fact:
(a) is not satisfied beyond reasonable doubt that the person committed an offence against section 230; and
(b) is satisfied beyond reasonable doubt that the person committed an offence against the alternative offence.
(2) In this section:
"alternative offence" means an offence against section 231 or 232.
In a proceeding against a person charged with an offence against section 231, the trier of fact may find the person not guilty of the offence against that section but guilty of an offence against section 232 if the trier of fact:
(a) is not satisfied beyond reasonable doubt that the person committed an offence against section 231; and
(b) is satisfied beyond reasonable doubt that the person committed an offence against section 232.
Despite section 43BF(4), for an offence of attempting to commit an offence against section 231, recklessness is the fault element in relation to the physical element in section 231(1)(b).
(1) A person commits an offence if:
(a) the person damages, destroys or conceals an accounting document; and
(b) the person engages in the conduct mentioned in paragraph (a) with the intention of obtaining a gain from another person or causing a loss for another person; and
(c) the conduct mentioned in paragraph (a) is dishonest.
Maximum penalty: Imprisonment for 7 years.
Note for subsection (1)(c)
See section 43AGA in relation to the meaning of and fault element for dishonest conduct.
(2) Subsection (1)(b) is the fault element for the conduct in subsection (1)(a).
(3) A person commits an offence if:
(a) the person:
(i) makes, or concurs in making, an entry that is false or misleading in a material particular in an accounting document; or
(ii) omits, or concurs in omitting, a material particular from an accounting document; and
(b) the person engages in the conduct mentioned in paragraph (a) with the intention of obtaining a gain from another person or causing a loss for another person; and
(c) the conduct mentioned in paragraph (a) is dishonest.
Maximum penalty: Imprisonment for 7 years.
Note for subsection (3)(c)
See section 43AGA in relation to the meaning of and fault element for dishonest conduct.
(4) Subsection (3)(b) is the fault element for the conduct in subsection (3)(a).
(5) A person commits an offence if:
(a) the person produces to another person, or makes use of, an accounting document; and
(b) the person engages in the conduct mentioned in paragraph (a) with the intention of obtaining a gain from another person or causing a loss for another person; and
(c) the document is false or misleading in a material particular and the person is reckless in relation to that circumstance; and
(d) the conduct mentioned in paragraph (a) is dishonest.
Maximum penalty: Imprisonment for 7 years.
Note for subsection (5)(d)
See section 43AGA in relation to the meaning of and fault element for dishonest conduct.
(6) Subsection (5)(b) is the fault element for the conduct in subsection (5)(a).
(7) In this section:
"accounting document" means any account, record or document made or required for any accounting purpose or any similar purpose or for any financial transaction.
(1) A person commits an offence if:
(a) the person is an officer of a body corporate or unincorporated association or purports to be an officer of a body corporate or unincorporated association; and
(b) the person publishes or concurs in the publishing of a document containing a statement or account; and
(c) the person engages in the conduct mentioned in paragraph (b) with the intention of deceiving members or creditors of the body corporate or unincorporated association about the body corporate's or unincorporated association's affairs; and
(d) the document is false or misleading in a material particular and the person has knowledge of that circumstance.
Maximum penalty: Imprisonment for 7 years.
(2) Subsection (1)(c) is the fault element for the conduct in subsection (1)(b).
(3) Strict liability applies to subsection (1)(a).
(4) In this section:
"creditor", of a body corporate or unincorporated association, includes a person who has entered into a security for the benefit of the body corporate or unincorporated association.
"officer", of a body corporate or unincorporated association, includes:
(a) any member of the body corporate or unincorporated association who is concerned in its management; and
(b) any person purporting to act as an officer of the body corporate or unincorporated association.
A person commits an offence if:
(a) the person intentionally makes or concurs in making an entry in a register or record kept by a body, office or position established by an Act; and
(b) the entry is false or misleading in a material particular and the person has knowledge of that circumstance.
Maximum penalty: Imprisonment for 7 years.
(1) In this Division:
"agent" includes the following:
(a) a person acting for another person with that other person's actual or implied authority;
(b) a public officer;
(c) an employee of an employer;
(d) a lawyer acting for a client;
(e) a partner in a partnership;
(f) an officer of a body corporate (whether or not employed by it);
(g) an officer of another body (whether or not employed by it);
(h) a consultant to a person.
"benefit" means a benefit of any kind, including a non-pecuniary benefit.
"obtain", see section 236F.
"principal", for an agent, means the following:
(a) if the agent is a person acting for another person with that other person's actual or implied authority – the other person;
(b) if the agent is a public officer – the government or other body for which the public officer acts;
(c) if the agent is an employee of an employer – the employer;
(d) if the agent is a lawyer acting for a client – the client;
(e) if the agent is a partner in a partnership – the partnership;
(f) if the agent is an officer of a body corporate (whether or not employed by it) – the body corporate;
(g) if the agent is an officer of another body (whether or not employed by it) – the body;
(h) if the agent is a consultant to a person – the person.
(2) A person is an agent or a principal if the person is, or has been or intends to be, an agent or a principal.
(1) In this Division, "obtain" includes:
(a) obtain for another person; and
(b) induce a third person to do something that results in another person obtaining; or
(2) A person ( person A ) is taken to obtain a benefit for another person ( person B ) if person A induces a third person to do something that results in person B obtaining the benefit.
(1) A person commits an offence if:
(a) the person:
(i) provides a benefit to an agent or another person; or
(ii) causes a benefit to be provided to an agent or another person; or
(iii) offers to provide, or promises to provide, a benefit to an agent or another person; or
(iv) causes an offer to provide, or causes a promise to provide, a benefit to be made to an agent or another person; and
(b) the person engages in the conduct mentioned in paragraph (a) with the intention that the agent will:
(i) be influenced or affected in the exercise of the agent's function as agent; or
(ii) do or not do something as agent, or because of the agent's position as agent; or
(iii) cause or influence the agent's principal, or another agent of the principal, to do or not do something; and
(c) the conduct mentioned in paragraph (a) is dishonest.
Maximum penalty: Imprisonment for 7 years.
Note for subsection (1)(c)
See section 43AGA in relation to the meaning of and fault element for dishonest conduct.
(2) Subsection (1)(b) is the fault element for the conduct in subsection (1)(a).
(1) A person commits an offence if:
(a) the person is an agent ( the agent ); and
(b) the agent:
(i) requests a benefit from a person for the agent or another person; or
(ii) obtains a benefit from a person for the agent or another person; or
(iii) agrees to obtain a benefit from a person for the agent or another person; and
(c) the agent engages in the conduct mentioned in paragraph (b) with the intention:
(i) that the agent will:
(A) be influenced or affected in the exercise of the agent's function as agent; or
(B) do or not do something as agent, or because of the agent's position as agent; or
(C) cause or influence the agent's principal, or another agent of the principal, to do or not do something; or
(ii) of inducing, fostering or sustaining a belief that the agent will:
(A) be influenced or affected in the exercise of the agent's function as agent; or
(B) do or not do something as agent, or because of the agent's position as agent; or
(C) cause or influence the agent's principal, or another agent of the principal, to do or not do something; and
(d) the conduct mentioned in paragraph (b) is dishonest.
Maximum penalty: Imprisonment for 7 years.
Note for subsection (1)(d)
See section 43AGA in relation to the meaning of and fault element for dishonest conduct.
(2) Subsection (1)(c) is the fault element for the conduct in subsection (1)(b).
(3) Strict liability applies to subsection (1)(a).
A person commits an offence if:
(a) the person intentionally:
(i) provides a benefit to an agent or another person; or
(ii) causes a benefit to be provided to an agent or another person; or
(iii) offers to provide, or promises to provide, a benefit to an agent or another person; or
(iv) causes an offer to provide, or causes a promise to provide, a benefit to be made to an agent or another person; and
(b) the conduct mentioned in paragraph (a) is dishonest; and
(c) obtaining, or expecting to obtain, the benefit would tend to influence the agent to:
(i) be influenced or affected in the exercise of the agent's function as agent; or
(ii) do or not do something as agent, or because of the agent's position as agent; or
(iii) cause or influence the agent's principal, or another agent of the principal, to do or not do something; and
(d) the person is reckless in relation to the circumstance mentioned in paragraph (c).
Maximum penalty: Imprisonment for 5 years.
Note for paragraph (b)
See section 43AGA in relation to the meaning of and fault element for dishonest conduct.
(1) A person commits an offence if:
(a) the person is an agent ( the agent ); and
(b) the agent intentionally:
(i) requests a benefit from a person for the agent or another person; or
(ii) obtains a benefit from a person for the agent or another person; or
(iii) agrees to obtain a benefit from a person for the agent or another person; and
(c) the conduct mentioned in paragraph (b) is dishonest; and
(d) obtaining, or expecting to obtain, the benefit would tend to influence the agent to:
(i) be influenced or affected in the exercise of the agent's function as agent; or
(ii) do or not do something as agent, or because of the agent's position as agent; or
(iii) cause or influence the agent's principal, or another agent of the principal, to do or not do something; and
(e) the agent is reckless in relation to the circumstance mentioned in paragraph (d).
Maximum penalty: Imprisonment for 5 years.
Note for subsection (1)(c)
See section 43AGA in relation to the meaning of and fault element for dishonest conduct.
(2) Strict liability applies to subsection (1)(a).
In a proceeding against a person charged with an offence against section 236G, the trier of fact may find the person not guilty of the offence against that section but guilty of an offence against section 236J if the trier of fact:
(a) is not satisfied beyond reasonable doubt that the person committed an offence against section 236G; and
(b) is satisfied beyond reasonable doubt that the person committed an offence against section 236J.
In a proceeding against a person charged with an offence against section 236H, the trier of fact may find the person not guilty of the offence against that section but guilty of an offence against section 236K if the trier of fact:
(a) is not satisfied beyond reasonable doubt that the person committed an offence against section 236H; and
(b) is satisfied beyond reasonable doubt that the person committed an offence against section 236K.
(1) A person commits an offence if:
(a) the person intentionally holds themselves out to the public as being engaged in a business or activity of:
(i) making independent selections or examinations; or
(ii) expressing disinterested opinions in respect of property or services; and
(b) the person requests, receives or obtains, or agrees to receive or obtain, a benefit from another person; and
(c) the person engages in the conduct mentioned in paragraph (b) with the intention that the benefit will influence the person's selection, examination or opinion; and
(d) the conduct mentioned in paragraph (b) is dishonest.
Maximum penalty: Imprisonment for 3 years.
Note for subsection (1)(d)
See section 43AGA in relation to the meaning of and fault element for dishonest conduct.
(2) Subsection (1)(c) is the fault element for the conduct in subsection (1)(b).