New South Wales Consolidated Acts

CRIMES ACT 1900 - SECT 193CA

193CA Reasonable grounds to suspect property is proceeds of crime

(1) For section 193C, there are reasonable grounds to suspect that property is proceeds of crime in each of the following circumstances--

(a) for section 193C(1AA)(a) or (1)(a)--the dealing involves a number of transactions structured or arranged to avoid the reporting requirements of the Financial Transaction Reports Act 1988 of the Commonwealth that would otherwise apply to the transactions,

(b) the dealing involves a number of transactions structured or arranged to avoid the reporting requirements of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 of the Commonwealth that would otherwise apply to the transactions,

(c) the dealing amounts to an offence against section 139, 140 or 141 of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 of the Commonwealth,

(d) the dealing involves a significant cash transaction, within the meaning of the Financial Transaction Reports Act 1988 of the Commonwealth, 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,

(e) the dealing involves a threshold transaction, within the meaning of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 of the Commonwealth, 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,

(f) the dealing involves using one or more accounts held with authorised deposit-taking institutions in false names,

(g) the defendant had, in the defendant's physical possession, more than $100,000 in cash without lawful excuse,

(h) the value of the property involved in the dealing 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 dealing occurs,

(i) the dealing involved the use of a token or other unique identifier that preserves the anonymity of one or more of the parties to the dealing,

(j) the dealing involved the use or possession of--

(i) falsely subscribed telecommunication services, or

(ii) a dedicated encrypted communication device within the meaning of the Dedicated Encrypted Criminal Communication Device Prohibition Orders Act 2022 ,

(k) the defendant possessed or accessed instructions that, in the opinion of the trier of fact, are consistent with money laundering,

(l) the dealing involved a clandestine meeting or the use of a concealed compartment,

(m) the defendant--

(i) has stated that the dealing 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.

(2) This section does not limit section 193C(1AA)(b), (1)(b) or (2)(b).