Money laundering is a serious criminal offence with penalties of up to 20 years in prison. Each year, thousands of Australians are investigated under these laws. If you’re a business owner, property investor, or simply concerned about compliance, it’s critical to know your rights, obligations, and next steps if authorities get involved.
Key Takeaways
- Penalties: Money laundering offences in NSW carry 10–20 years imprisonment depending on intent.
- New Laws: From 2026, lawyers and real estate agents will come under the Anti-Money Laundering/Counter-Terrorism Financing (AML/CTF) regime.
- Corporate Penalties: Civil fines can reach $31.3 million for corporations.
- Your Rights: Legal representation, protection against self-incrimination, and the presumption of innocence.
- Expert Help: O’Brien Criminal & Civil Solicitors have over 20 years of proven experience defending clients against money laundering allegations across Australia.
Money Laundering at a Glance
Definition: Money laundering is the process of taking money or property from criminal activity and disguising it as legitimate through financial or commercial transactions.
Examples of “Dealing with” Proceeds of Crime Include:
- Receiving or possessing cash or property
- Concealing or disposing of assets
- Bringing funds into NSW from elsewhere
- Engaging in transactions to disguise origins of money
Your Key Rights
- Right to legal representation at all stages of investigation
- Protection against self-incrimination (in many circumstances)
- Right to challenge evidence and asset restraints
- Presumption of innocence until proven guilty
Emergency Action Items
- If questioned by police: Say “I wish to remain silent and speak to my lawyer”
- If assets are frozen: Seek legal advice within 48 hours
- If served court documents: Contact a lawyer immediately, strict time limits apply
- Never destroy records or documents
When You Must Seek Legal Help Immediately
- AUSTRAC opens an investigation
- Police execute a search warrant
- Assets restrained under the Criminal Assets Recovery Act
- Charged with any money laundering offence
The Law: NSW vs Commonwealth
NSW Crimes Act 1900: Section 193B
- Reckless dealing with proceeds of crime: Up to 10 years jail
- Knowing property is proceeds of crime: Up to 15 years
- Knowing and intending to conceal: Up to 20 years
Commonwealth Criminal Code: Division 400
- Covers offences of national/international scope
- Penalties range from 12 months imprisonment (negligence) to life imprisonment for intentional laundering of $10m+
Recent Changes to AML Laws
- 2024 Amendment: Extends AML/CTF regime to lawyers, real estate agents, and other professionals from 2026.
- Civil Asset Recovery: Authorities can freeze/confiscate property without a conviction (balance of probabilities standard).
Real-World Scenarios
Scenario 1: Property Purchase Investigation
- Police can: Request bank records, apply for asset restraining orders, interview you.
- Police cannot: Search without a warrant, force you to answer without a lawyer.
- Example: NSW police restrained assets worth $53 million involved in laundering schemes.
Scenario 2: Business Cash Transactions
- Authorities can: Require reports on cash over $10,000, investigate unusual banking patterns.
- Cannot: Demand self-incriminating statements or ignore privileged communications.
- Example: Syndicate allegedly laundered $229 million through remittance businesses.
Scenario 3: Lawyers’ Obligations
- Lawyers must: Report suspicious cash transactions over $10,000 and comply with AML/CTF laws from 2026.
- Lawyers can: Assert legal professional privilege to protect client communications.
What Authorities Can and Cannot Do
AUSTRAC Powers
- Issue corporate penalties up to $31.3m
- Demand audits and enforce undertakings
- Share information with police
Police Powers
- Execute search warrants
- Freeze assets under CARA
- Lay criminal charges (up to 20 years jail)
Court Limits
- Cannot act without evidence
- Must uphold privilege and defences
Frequently Asked Questions
What triggers an investigation?
Suspicious transaction reports, unusual cash transfers, international movements, or unexplained wealth.
Can I be charged without a separate crime?
Yes. Prosecutors only need to prove property came from criminal conduct.
What happens to assets?
They may be frozen. You can challenge this with strict deadlines, seek legal help fast.
What are possible defences?
Lack of knowledge, no intention to conceal, or acting under law enforcement direction.
Could this affect my job or licence?
Yes. Convictions can impact professional licences, travel, and employment opportunities.
What’s changing in 2026?
Lawyers, real estate agents, and others will need to conduct customer due diligence and report suspicious matters.
Practical Action Guide
If Police Want to Interview You:
- Stay calm
- Say: “I exercise my right to remain silent and want to speak to my lawyer”
- Get officer details
- Do not sign or say anything without advice
If You Receive Court Documents:
- Read carefully and mark deadlines
- Gather financial docs
- Contact a lawyer within 24 hours
If Assets Are Frozen:
- Do not panic, orders can be contested
- Document legitimate income and hardship
- Apply for living expenses if needed
When You Need Expert Legal Help
Money laundering cases are complex, with overlapping criminal and civil proceedings. The stakes are high: jail terms, massive fines, and asset loss.
Contact O’Brien Criminal & Civil Solicitors if:
- Police or AUSTRAC contact you
- You’ve received a search warrant or court papers
- Your assets have been restrained
- You need advice about reporting obligations
We are accredited specialists in criminal law and civil litigation. O’Brien Criminal & Civil Solicitors have built a 20-year track record successfully protecting clients, including major money laundering cases.
Free Initial Consultation
Facing a money laundering allegation is stressful and serious. Early intervention can change the outcome.
📞 Call now: 02 9261 4281
O’Brien Criminal & Civil Solicitors trusted, award-winning advocates protecting Australians facing complex criminal and civil matters.
