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This is a Bill, not an Act. For current law, see the Acts databases.
2022
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Anti-Money Laundering and
Counter-Terrorism Financing
Amendment (Making Gambling
Businesses Accountable) Bill 2022
No. , 2022
(Mr Wilkie)
A Bill for an Act to regulate suspicious gambling
activities, and for related purposes
No. , 2022
Anti-Money Laundering and Counter-Terrorism Financing Amendment
(Making Gambling Businesses Accountable) Bill 2022
i
Contents
1
Short title .............................................................................. 1
2
Commencement .................................................................... 1
3
Schedules .............................................................................. 2
Schedule 1--Amendments
3
Anti-Money Laundering and Counter-Terrorism Financing Act 2006
3
No. , 2022
Anti-Money Laundering and Counter-Terrorism Financing
Amendment (Making Gambling Businesses Accountable) Bill 2022
1
A Bill for an Act to regulate suspicious gambling
1
activities, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Anti-Money Laundering and Counter-Terrorism
5
Financing Amendment (Making Gambling Businesses
6
Accountable) Act 2022
.
7
2 Commencement
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(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Anti-Money Laundering and Counter-Terrorism Financing Amendment
(Making Gambling Businesses Accountable) Bill 2022
No. , 2022
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
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3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Amendments
Schedule 1
No. , 2022
Anti-Money Laundering and Counter-Terrorism Financing Amendment
(Making Gambling Businesses Accountable) Bill 2022
3
Schedule 1--Amendments
1
2
Anti-Money Laundering and Counter-Terrorism Financing
3
Act 2006
4
1 Section 5
5
Insert:
6
stolen property
has the same meaning as in section 132.1 of the
7
Criminal Code
.
8
2 At the end of subsection 41(1)
9
Add:
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(k) for a designated service referred to in an item of the table in
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subsection 6(4) (which deals with gambling services)--at the
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relevant time or a later time, the reporting entity suspects on
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reasonable grounds that the consideration the first person
14
proposes to provide for the supply of the service is stolen
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property.
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3 Paragraph 41(2)(a)
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Omit "or (j)", substitute ", (j) or (k)".
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4 Subsection 41(5)
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Omit "or (j)", substitute ", (j) or (k)".
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5 After Part 8
21
Insert:
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Schedule 1
Amendments
4
Anti-Money Laundering and Counter-Terrorism Financing Amendment
(Making Gambling Businesses Accountable) Bill 2022
No. , 2022
Part 8A--Suspicious gambling
1
2
100A Simplified outline
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A reporting entity must not provide gambling services to a person
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if there are reasonable grounds to suspect the person will pay for
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the service using stolen property.
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100B Prohibition of provision of gambling service in certain
7
circumstances
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(1) A reporting entity must not provide a designated service referred to
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in an item of the table in subsection 6(4) (which deals with
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gambling services) to the person mentioned in column 2 of that
11
item if there are reasonable grounds to suspect that any proposed
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consideration for the supply of the service is stolen property.
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Civil penalty
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(2) Subsection (1) is a civil penalty provision.
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6 Section 173
16
Omit:
17
•
Pecuniary penalties are payable for contraventions of civil
18
penalty provisions.
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substitute:
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•
Pecuniary penalties are payable for contraventions of civil
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penalty provisions. Compensation orders can be made if a
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reporting entity provides a gambling service to a person in
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circumstances where there were reasonable grounds to suspect
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the person would pay for the service using stolen property.
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26
Amendments
Schedule 1
No. , 2022
Anti-Money Laundering and Counter-Terrorism Financing Amendment
(Making Gambling Businesses Accountable) Bill 2022
5
7 After Division 2 of Part 15
1
Insert:
2
Division 2A--Compensation orders
3
183A Compensation orders in relation to suspicious gambling
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(1) The Federal Court may:
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(a) on application of a person (the
injured person
) who has
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suffered, or is likely to suffer, loss or damage because of the
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conduct of another person that was engaged in a
8
contravention of section 100B (which deals with suspicious
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gambling); or
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(b) on the application of the AUSTRAC CEO made on behalf of
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one or more such injured persons;
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make such order or orders as the Federal Court thinks appropriate
13
against the person who engaged in the conduct.
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(2) An application may be made under subsection (1) even if an
15
enforcement proceeding in relation to the conduct referred to in
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that subsection has not been instituted.
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(3) The AUSTRAC CEO must not make an application under
18
subsection (1) on behalf of one or more persons unless those
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persons have consented in writing to the making of the application.
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(4) The order must be an order that the Federal Court considers will:
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(a) compensate the injured person, or any such injured persons,
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in whole or in part for the loss or damage; or
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(b) prevent or reduce the loss or damage suffered, or likely to be
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suffered, by the injured person or any such injured persons.
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