In this Part:deal with includes:
(a) receive, possess, conceal or dispose of, or(b) bring or cause to be brought into New South Wales, including transfer or cause to be transferred by electronic communication, or(c) engage directly or indirectly in a transaction, including receiving or making a gift.instrument of crime means property that is used in the commission of, or to facilitate the commission of, a serious offence.
proceeds of crime means any property that is substantially derived or realised, directly or indirectly, by any person from the commission of a serious offence.
serious offence means:
(a) an offence (including a common law offence) against the laws of New South Wales, being an offence that may be prosecuted on indictment, or(b) the offence of supplying any restricted substance prescribed for the purposes of section 16 of the Poisons and Therapeutic Goods Act 1966 that arises under section 18A (1) of that Act, or(c) an offence committed outside New South Wales (including outside Australia) that would be an offence referred to in paragraph (a) or (b) if it had been committed in New South Wales.
(1) A person who deals with proceeds of crime:(a) knowing that it is proceeds of crime, and(b) intending to conceal that it is proceeds of crime,is guilty of an offence.Maximum penalty: imprisonment for 20 years.
(2) A person who deals with proceeds of crime knowing that it is proceeds of crime is guilty of an offence.Maximum penalty: imprisonment for 15 years.
(3) A person who deals with proceeds of crime being reckless as to whether it is proceeds of crime is guilty of an offence.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 dealt with the proceeds of crime to assist the enforcement of a law of the Commonwealth, a State or a Territory.
193C Dealing with property suspected of being proceeds of crime
(1) A person who deals with property that is property that there are reasonable grounds to suspect is proceeds of crime is guilty of a summary offence.Maximum penalty: 50 penalty units or imprisonment for 2 years, or both.
(2) It is a defence to a prosecution for an offence under this section if the defendant satisfies the court that the defendant had no reasonable grounds for suspecting that the property was substantially derived or realised, directly or indirectly, from an act or omission constituting an offence against a law in force in the Commonwealth, a State or a Territory or another country.
193D Dealing with property that subsequently becomes an instrument of crime
(1) If:(a) a person deals with property intending that the property will become an instrument of crime, and(b) the property subsequently becomes an instrument of crime,the person is guilty of an offence.Maximum penalty: imprisonment for 15 years.
(2) If:(a) a person deals with property being reckless as to whether the property will become an instrument of crime, and(b) the property subsequently becomes an instrument of crime,the person is guilty of an offence.Maximum penalty: imprisonment for 10 years.
(3) Proceedings for an offence under this section must not be commenced without the consent of the Director of Public Prosecutions.(4) It is a defence to a prosecution for an offence under this section if the defendant satisfies the court that the defendant dealt with the proceeds of crime to assist the enforcement of a law of the Commonwealth, a State or a Territory.(5) In this section:property means money or other valuables.
(1) If on the trial of a person for an offence under section 193B (1), the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied that the accused is guilty of an offence under section 193B (2) or (3), it may find the accused not guilty of the offence charged but guilty of the other offence, and the accused is liable to punishment accordingly.(2) If on the trial of a person for an offence under section 193B (2), the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied that the accused is guilty of an offence under section 193B (3), it may find the accused not guilty of the offence charged but guilty of the other offence, and the accused is liable to punishment accordingly.(3) If on the trial of a person for an offence under section 193D (1), the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied that the accused is guilty of an offence under section 193D (2), it may find the accused not guilty of the offence charged but guilty of the other offence, and the accused is liable to punishment accordingly.
193F Proof of other offences not required
(1) To avoid doubt, it is not necessary, in order to prove for the purposes of an offence under this Part that property is proceeds of crime, to establish that:(a) a particular offence was committed in relation to the property, or(b) a particular person committed an offence in relation to the property.(2) To avoid doubt, it is not necessary, in order to prove for the purposes of an offence under this Part that property will be an instrument of crime, to establish:(a) an intention or risk that a particular offence will be committed in relation to the property, or(b) an intention or risk that a particular person will commit an offence in relation to the property.
This Part applies to or in respect of acts or omissions in relation to proceeds of crime arising from serious offences committed before or after the commencement of this Part.