Elements the Prosecution Must Prove
Possible Defences
Potential Penalties
Legal Process
& Options
Pleading
Not Guilty
Pleading
Guilty
Frequently Asked Questions
What is money laundering?
Money laundering is the process of disguising the origin of money or assets that were obtained illegally, to make them appear legitimate.
- It commonly involves:
- Transferring funds through bank accounts
- Buying property or assets with illegal money
- Using third parties (“money mules”) to move funds
What does “dealing with money or property” mean?
It includes:
- Receiving, possessing, concealing, using, or disposing of money or property
- Moving funds through accounts
- Giving or accepting property in a transaction
What are the penalties for money laundering in Australia?
- Penalties depend on the amount of money and theoffender’s state of mind (knowing, reckless, negligent). Maximum penaltiesinclude:
- Even low-level involvement (e.g. handling a few thousand dollars) can result in criminal charges.
Do I have to know the money was illegal to be guilty?
Not necessarily. There are tiers of liability:
- Knowing: You’re aware the money is from crime
- Reckless: You suspect but ignore the risk
- Negligent: You should have known, but didn’t take care to check
Is it illegal to help someone move money if I didn’t ask questions?
- Yes, if you should have known or were reckless about its origin. For example:
- Letting someone transfer funds through your bank account
- Collecting or delivering cash for someone without asking why
You could be charged even if you didn’t receive a benefit.
What is a “money mule”?
A money mule is someone who transfers or moves illegal funds on behalf of others — often unknowingly. Criminals often recruit them via:
- Job scams
- Online friendships or relationships
- Fake “investment” schemes
Being a money mule is a criminal offence, even if you didn’t know the full story.
Is using cryptocurrency for illegal transactions considered money laundering?
- Yes. Cryptocurrency is often used to hide illegal money trails. Using crypto to:
- Move proceeds of crime
- Avoid detection
- Convert illegal cash into digital assets
…can lead to money laundering charges.
What are “suspicious matter reports” (SMRs)?
Businesses like banks, casinos, and remitters must report suspicious activity to AUSTRAC, including:
- Large or unusual transactions
- Structured deposits
- Customers who avoid identification checks
Failure to comply with anti-money laundering (AML) laws can result in civil or criminal penalties for those businesses.
We’re updating this section to serve you better.
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