Money Laundering: Australia's Legal Perspective

is money laundering illegal in australia

Money laundering is a serious criminal activity in Australia, involving the concealment of the true origins of money or property obtained through illegal means. It is a crime under state, territory, and Commonwealth laws, with the Australian Federal Police (AFP) taking the lead in investigating and prosecuting these offences. The AFP's anti-money laundering strategy, Operation Avarus, guides its efforts to disrupt the movement of illicit funds and combat organised crime. Money laundering cases in Australia often involve the exploitation of high-cash turnover industries, such as gambling and cash-intensive businesses, as well as the use of the banking system and money transfer services.

Characteristics Values
Money laundering Hiding, disguising or legitimising the true origin and ownership of money used in or derived from committing crimes
Is it illegal in Australia? Yes, it is a crime under state, territory and Commonwealth laws
Organisations involved in anti-money laundering operations Australian Federal Police, AUSTRAC, Australian Border Force, Australian Criminal Intelligence Commission, Australian Securities and Investments Commission, Australian Taxation Office, United States Department of Homeland Security Investigations, Criminal Assets Confiscation Taskforce
Money laundering methods Gambling, buying high-value goods, smuggling cash and BNIs across borders, using cash-intensive businesses, electronic payment systems and new payment methods
Penalties Vary depending on the extent of activity, offender's knowledge, and role played in a criminal hierarchy

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Money laundering is a crime under state, territory, and Commonwealth laws

The AFP's anti-money laundering strategy guides its investigation and intelligence teams to disrupt the movement of illicit money and property. They work with other government agencies and partners, such as AUSTRAC (Australian Transaction Reports and Analysis Centre) and the Australian Criminal Intelligence Commission, to combat money laundering activities in Australia.

Money laundering involves hiding, disguising, or legitimising the true origin and ownership of money used in or derived from committing crimes. It is a diverse activity carried out at various levels of sophistication and plays a crucial role in organised crime. Money launderers often exploit cash-intensive businesses, such as casinos, pubs, clubs, and racing and sports betting facilities, to camouflage illegitimate transactions among legitimate activities.

The Commonwealth money laundering offences are outlined in the Criminal Code 1995 (Cth), specifically in Chapter 10, Part 10.2, Division 400, sections 400.3–400.9. The AMLCTF Act (Anti-Money Laundering and Counter-Terrorism Financing Act 2006) also plays a significant role in preventing money laundering by imposing obligations on the financial and gambling sectors and other professionals or businesses that provide particular services.

Money laundering prosecutions can be complex, often involving complicated factual circumstances and foreign jurisdictions. These cases require detailed financial analysis and evidence, as well as cooperation with overseas authorities.

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Casinos, pubs, and clubs are common channels for money laundering

Money laundering is a crime under state, territory, and Commonwealth laws in Australia. It involves moving money or property through the economy to hide its illegal origins or intended criminal purpose. Casinos, pubs, and clubs are common channels for money laundering due to the high cash turnover and large volume of transactions that can camouflage illegitimate transactions among legitimate gambling activities.

Gambling venues in Australia, including casinos, pubs, and clubs, offer various services similar to financial institutions, such as accounts, foreign exchange, money changing, electronic funds transfers, cheque issuing, and safety deposit boxes. These services can be exploited for money laundering purposes. The high-cash intensity of these businesses provides an opportunity for criminals to launder proceeds from drug and tobacco offences, tax evasion, welfare fraud, and illegal gambling.

In 2008 and 2009, Australians and international visitors spent $19 billion on Australian gambling products. The large volume of transactions and the anonymity provided by electronic payment systems and new payment methods facilitate money laundering. Slot machines, in particular, have been identified as a channel for laundering billions of dollars in drug money in Australia, with over 86,000 electronic gaming machines processing $61 billion in the last financial year alone.

Casinos have been implicated in transnational crime operations, particularly in the Asia-Pacific region. Investigative reports have revealed the role of Australian casinos in facilitating Chinese capital flight and laundering the proceeds of illegal drug trafficking. The intense publicity associated with these scandals has led to public inquiries and disrupted money laundering activities in casinos.

To combat money laundering in casinos, pubs, and clubs, authorities have recommended tighter controls on the gaming industry, including the introduction of cashless gambling cards and electronic gaming cards that record transaction details. These measures aim to increase transparency and make it more difficult for criminals to launder money through these venues.

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Buying goods like jewellery and artwork is a common money laundering method

Money laundering is the process of moving money or property through the economy in a way that hides its illegal origins or intended criminal purpose. It is a crime under state, territory, and Commonwealth laws in Australia. One common method of money laundering involves buying goods such as jewellery, boats, real estate, artwork, antiques, precious metals, and stones. These items are attractive to launderers because they are easy to conceal, transport across borders, and convert back into legitimate funds.

Artwork, in particular, has been noted as a popular vehicle for money laundering. High-value pieces of art, such as genuine Picasso or Van Gogh paintings, can be used to obfuscate financial transactions and launder money. The sale and purchase of art often leave no paper trail, making it difficult for authorities to trace the movement of funds. Additionally, the value of art is subjective, and its worth is determined by what someone is willing to pay for it, providing a layer of opacity that can be exploited for money laundering purposes.

Criminals may use these expensive artworks as collateral in complex transactions designed to hide the true nature of the exchange. For example, instead of directly paying for illegal goods or services, a criminal could "'pay'" another criminal with an original piece of artwork as collateral. Through a series of transactions, the artwork can be "bought back," resulting in the money being laundered. On paper, the transaction appears legitimate, with one criminal acquiring the artwork and the other receiving payment for its sale.

Money laundering through the purchase of goods like jewellery and artwork is not unique to Australia. Overseas-based crime groups may also use this method to conceal assets and hide their value in other jurisdictions. For example, international terrorist organizations like ISIS have been known to generate revenue by trading in cultural antiquities, exploiting the global art market to launder money.

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Criminals use electronic payment systems and new payment methods for money laundering

Money laundering is a crime under state, territory, and Commonwealth laws in Australia. The Australian Federal Police (AFP) has an anti-money laundering strategy in place, guided by Operation Avarus, to disrupt the movement of illicit money and property. The AFP works with other government agencies, including AUSTRAC (Australian Transaction Reports and Analysis Centre) and the Australian Criminal Intelligence Commission, to combat money laundering activities in the country.

Electronic payment systems and new payment methods have become integral to the global economy. The dynamic nature and rapid technological advancements in these systems provide criminals with opportunities to exploit them for money laundering purposes. Law enforcement agencies in Australia and internationally have identified two main areas of concern: ATM/EFTPOS networks and cards, and online and new payment methods.

Criminals exploit the anonymity provided by these electronic payment systems and the lack of face-to-face business relationships and transactions. They may structure cash deposits to avoid threshold reporting requirements or seek out complicit merchants who will accept their illicit proceeds without reporting the transactions. Additionally, the rapid advancements in technology offer criminals new ways to launder money, such as through virtual currencies and online money transfer systems.

For example, Liberty Reserve, which was shut down by the government in 2013, billed itself as the Internet's largest payment processor and money transfer system. It allowed users worldwide to send and receive payments using virtual currencies. Liberty Reserve was explicitly created to facilitate large-scale money laundering by providing near-anonymity and untraceable financial transactions to criminals.

To combat money laundering in electronic payment systems, law enforcement agencies must address complicit financial institutions, professional money launderers, and emerging payment systems. By disrupting these networks, law enforcement can effectively hinder criminal activities and the laundering of illicit funds through electronic payment systems and new payment methods.

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The Australian Federal Police investigates and prosecutes money laundering

Money laundering is a crime under state, territory, and Commonwealth laws in Australia. The Australian Federal Police (AFP) investigates and prosecutes money laundering and serious financial crimes that affect the Commonwealth. The AFP is part of Taskforce Avarus, which targets Australian and offshore organised criminals who launder billions of dollars through Australia's financial system and property market. The task force includes partners such as AUSTRAC (Australian Transaction Reports and Analysis Centre), the Australian Border Force, the Australian Criminal Intelligence Commission, and international organisations like the Financial Action Task Force (FAFT).

The AFP's anti-money laundering strategy guides its investigation and intelligence teams to disrupt the movement of illicit money and property. They work with other government agencies and partners to combat money laundering activities in Australia. The AFP investigates Commonwealth money laundering offences under the Criminal Code Act 1995 (Cth) and can restrain assets linked to criminal activities under the Proceeds of Crime Act 2002 (Cth). They also collaborate with state and territory police services, who investigate money laundering offences under state and territory criminal legislation and can seize and prosecute suspected counterfeit currency.

The AFP employs individuals with tertiary accountancy qualifications in forensic accountant roles and those interested in fighting online crime as cybercrime investigators. They also hire intelligence officers and analysts with advanced research and analytical skills to support complex investigations. The AFP encourages individuals to report suspected money laundering activities, especially those involving large sums of money or expensive property, or those linked to other crimes such as drug importation.

One notable example of the AFP's efforts is Operation Avarus-Nightwolf, a longstanding investigation into the Changjiang Currency Exchange. The AFP alleged that this Australian-based money remittance service was secretly run by a Chinese organised crime group and had laundered almost $229 million in three years, including funds stolen from victims of cybercrime. During their operations, the AFP-led Criminal Assets Confiscation Taskforce restrained almost $60 million, including more than $7 million in bank accounts.

Frequently asked questions

Yes, money laundering is a serious crime under state, territory, and Commonwealth laws in Australia.

Money laundering involves hiding, disguising, or legitimizing the true origin and ownership of money used in or derived from committing crimes. It is a diverse activity carried out at various levels of sophistication and plays a crucial role in organized crime.

Money launderers in Australia exploit industries with high cash turnover, such as gambling, real estate, and cash-intensive businesses, to camouflage illegitimate transactions among legitimate activities. They also use the banking system, money transfer services, and new payment methods to move money across borders discreetly.

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