Border Protection Service officers stopped the woman, an airline employee, for a baggage examination "after the Detector Dog Unit gave a positive indication" to the airline worker.
During the examination the woman verbally declared $8,000 in Australian currency found in her hand luggage. A subsequent examination of the woman's checked in baggage uncovered an additional eight envelopes with an estimated value of $100,000.
The matter was subsequently referred to the Australian Federal Police (AFP) and the woman was arrested and charged with:
- One count of fail to report movements of physical currency out of Australia contrary to section 53(1)(a)(ii) of the Anti-Money Laundering and Counter Terrorism Financing Act 2006 (Cth);
- One count of dealing with money or other property reasonably being suspected of being proceeds of crime greater than $100,000 or more contrary to section 400.9(1) of the Criminal Code Act 1995 (Cth).
Thee offences carry maximum penalties of two years' imprisonment and/or a $85,000 fine, and three years' imprisonment and/or $30,600 fine respectively.
Travellers are reminded if carrying more than $10,000 in Australian currency or equivalent they must declare before departing Australia.In Christian v Sawka [2012] WASCA 147 Pullen J states that
On 12 March 2010, the appellant was convicted in the Magistrates Court at Perth of moving physical currency of not less than $10,000, namely $187,600, out of Australia without a report in respect to the said transfer having been given in accordance with s 53 of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (Act) contrary to s 53(1) of the Act.
The appellant appealed against the conviction to the Supreme Court. The appeal was heard by Jenkins J and on 15 April 2011 her Honour made an order that the appeal be dismissed. This appeal is against that order of dismissal.
There is no prohibition on moving Australian currency (physical currency as defined in the Act) out of Australia. However, speaking in general terms it is an offence to move $10,000 or more out of Australia without a report being given to the appropriate authorities that this is to happen. The appellant entered the embarkation area of Perth Airport taking with him, in his carry on luggage and checked luggage, the sum referred to above. No report was given to Customs officers that he was doing so. There is a provision which, if it applied, deemed this to be a movement of physical currency out of Australia. The appellant submitted that a report was not possible because there was no 'approved' form on which to make a report and that absent an 'approved' form he committed no offence. This submission was rejected by the magistrate, rejected by Jenkins J and should be rejected in this court. ....
On the morning of 23 December 2008 the appellant, his wife and young child were at the Perth International Airport intending to fly to Bali. They had three suitcases, which they checked in, and the appellant had a carry-on bag. When in the embarkation area at the point where Customs officers examine passports, the appellant and his wife and child presented their passports, outgoing passenger cards and boarding passes. The Customs officer to whom they presented these documents for examination pointed out to the appellant and his wife that at least one of the outgoing passenger cards was incomplete as it did not have a tick in either the 'yes' or 'no' box alongside the question on the back of the outgoing passenger card which asked:
Are you taking out of Australia AUD $10,000 or more in Australian or foreign currency equivalent? If answered 'yes' you must complete an International Currency Transfer Report to present with this card.
The officer handed back the outgoing passenger card or cards and the appellant ticked the 'no' box. All three cards then showed the answer as 'no'. The officer then referred the travelling group to customs officer Raymond Fisher who escorted the appellant to an interview room. Mr Fisher told the appellant that he was going to carry out a search and asked if the appellant was carrying any cash. The appellant put his partially open backpack onto the bench. Mr Fisher completely opened it. The appellant pulled out a quantity of cash and said:
There's $30,000 there, 10 for myself, 10 for my son and 10 for my girlfriend, split between us so I don't need to declare it (ts 11/3/10 page 22).
The checked in luggage of the family was brought to where the appellant was being interviewed. The appellant said that the luggage belonged to him and that everything inside it was his. The luggage was then searched. One bag searched was a pink suitcase. Inside that suitcase Mr Fisher saw a layer of clothing. Underneath the layer of clothing he saw a towel which was wrapped around or was inside a plastic sleeve. Inside the plastic sleeve was a quantity of cash. Two other quantities of cash were located in the pink suitcase.
When the money was counted, it was determined that there was $144,250 in Australian currency inside the pink suitcase and $43,350 in Australian currency in the appellant's carry-on bag. The appellant said that he owned the money, that he had won it at the casino and that he intended to give it as gifts to friends and to poor children in Bali.
