Review of Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992 to Reflect Lower Levels of Culpability for Offences Related to Mule Accounts for Scams

Mr Christopher de Souza asked the Minister for Home Affairs how is the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992 being reviewed to reflect lower levels of culpability needed to prove intention for offences related to mule accounts for scams.

For successful conviction under the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992 (CDSA), the prosecution has to prove that the money mule had knowledge or reasonable grounds to believe that the monies transacted through his or her bank account are linked to criminal activity.

Today, a large number of the money mules arrested by the Police cannot be prosecuted due to difficulties in proving their intent to facilitate the scams.

The Ministry of Home Affairs is therefore looking to introduce new provisions in the CDSA, to make it easier to make out money laundering offences in such scam cases.

We will provide more information when ready.