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This is a Bill, not an Act. For current law, see the Acts databases.
2019
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Anti-Money Laundering and
Counter-Terrorism Financing and Other
Legislation Amendment Bill 2019
No. , 2019
(Home Affairs)
A Bill for an Act to amend the law relating to the
combatting of money laundering and financing of
terrorism and to the Australian Federal Police, and
for related purposes
No. , 2019
Anti-Money Laundering and Counter-Terrorism Financing and Other
Legislation Amendment Bill 2019
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Identification procedures
3
Anti-Money Laundering and Counter-Terrorism Financing Act 2006
3
Part 2--Correspondent banking
10
Anti-Money Laundering and Counter-Terrorism Financing Act 2006
10
Part 3--Tipping-off offence
16
Anti-Money Laundering and Counter-Terrorism Financing Act 2006
16
Part 4--Secrecy and access
22
Anti-Money Laundering and Counter-Terrorism Financing Act 2006
22
Inspector-General of Intelligence and Security Act 1986
39
Part 5--Reports about cross-border movements of monetary
instruments
42
Anti-Money Laundering and Counter-Terrorism Financing Act 2006
42
Proceeds of Crime Act 2002
53
Surveillance Devices Act 2004
53
Part 6--Money laundering offences in the Criminal Code
56
Criminal Code Act 1995
56
Part 7--Dishonestly representing conferral of police awards
58
Australian Federal Police Act 1979
58
No. , 2019
Anti-Money Laundering and Counter-Terrorism Financing and Other
Legislation Amendment Bill 2019
1
A Bill for an Act to amend the law relating to the
1
combatting of money laundering and financing of
2
terrorism and to the Australian Federal Police, and
3
for related purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act is the
Anti-Money Laundering and Counter-Terrorism
7
Financing and Other Legislation Amendment Act 2019
.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2
Anti-Money Laundering and Counter-Terrorism Financing and Other
Legislation Amendment Bill 2019
No. , 2019
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1,
Parts 1 to 4
A day or days to be fixed by Proclamation.
However, if any of the provisions do not
commence within the period of 6 months
beginning on the day this Act receives the
Royal Assent, they commence on the day
after the end of that period.
3. Schedule 1,
Part 5
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 18 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
4. Schedule 1,
Parts 6 and 7
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedules
10
Legislation that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
Amendments
Schedule 1
Identification procedures
Part 1
No. , 2019
Anti-Money Laundering and Counter-Terrorism Financing and Other
Legislation Amendment Bill 2019
3
Schedule 1--Amendments
1
Part 1--Identification procedures
2
Anti-Money Laundering and Counter-Terrorism Financing
3
Act 2006
4
1 Section 32
5
Repeal the section, substitute:
6
32 Carrying out applicable customer identification procedure before
7
commencement of provision of designated service
8
(1) A reporting entity must not commence to provide a designated
9
service to a customer unless the reporting entity has carried out the
10
applicable customer identification procedure in respect of the
11
customer.
12
Note 1:
See the definition of
commence to provide a designated service
in
13
section 5.
14
Note 2:
See sections 37A and 38 (when applicable customer identification
15
procedure taken to be carried out by a reporting entity).
16
Note 3:
See section 41 for reports of suspicious matters when a reporting
17
entity proposes to provide a designated service to a customer.
18
Exceptions
19
(2) Subsection (1) does not apply if:
20
(a) there are special circumstances that justify carrying out the
21
applicable customer identification procedure in respect of the
22
customer after the commencement of the provision of the
23
designated service (see section 33); or
24
(b) the reporting entity has previously carried out the applicable
25
customer identification procedure in respect of the customer;
26
or
27
(c) section 28 or 30 applies to the provision of the designated
28
service.
29
Schedule 1
Amendments
Part 1
Identification procedures
4
Anti-Money Laundering and Counter-Terrorism Financing and Other
Legislation Amendment Bill 2019
No. , 2019
Civil penalty
1
(3) Subsection (1) is a civil penalty provision.
2
2 Subsection 34(1) (note 2)
3
Omit "section 38", substitute "sections 37A and 38".
4
3 Subsection 35(1) (note)
5
Omit "section 38", substitute "sections 37A and 38".
6
4 At the end of subsection 37(1)
7
Add:
8
Note:
The reporting entity (and not its agent) will be liable to civil penalties
9
for contraventions of this Part for providing designated services to its
10
customers without carrying out the applicable customer identification
11
procedures in respect of its customers.
12
5 After section 37
13
Insert:
14
37A Reliance on applicable customer identification procedures or
15
other procedures--agreements or arrangements
16
(1) This section applies if:
17
(a) a reporting entity (the
first entity
) enters into a written
18
agreement or arrangement with another person relating to the
19
first entity's reliance on applicable customer identification
20
procedures, or other procedures of a kind prescribed by the
21
AML/CTF Rules, carried out by the other person; and
22
(b) at the time of entering into the agreement or arrangement, the
23
first entity had reasonable grounds to believe that each of the
24
requirements prescribed by the AML/CTF Rules were met.
25
(2) If:
26
(a) the agreement or arrangement is in force; and
27
(b) the first entity has complied with section 37B in relation to
28
the agreement or arrangement; and
29
(c) the first entity is providing, or proposes to provide, a
30
designated service to a customer; and
31
Amendments
Schedule 1
Identification procedures
Part 1
No. , 2019
Anti-Money Laundering and Counter-Terrorism Financing and Other
Legislation Amendment Bill 2019
5
(d) under the agreement or arrangement, the first entity has
1
obtained information about the identity of that customer from
2
the other party to the agreement or arrangement; and
3
(e) the requirements prescribed by the AML/CTF Rules are
4
satisfied;
5
this Act (other than Part 10) has effect as if the first entity had
6
carried out the applicable customer identification procedure in
7
respect of that customer and that designated service.
8
(3) If:
9
(a) the agreement or arrangement is in force; and
10
(b) after completing an assessment under section 37B in relation
11
to the agreement or arrangement, the first entity does not
12
have reasonable grounds to believe that each of the
13
requirements prescribed by the AML/CTF Rules for the
14
purposes of paragraph (1)(b) is being met;
15
then subsection (2) does not apply in relation to the first entity and
16
the agreement or arrangement in connection with the carrying out
17
of procedures covered by paragraph (1)(a) after the completion of
18
that assessment.
19
(4) Subsection (3) ceases to apply once the first entity has reasonable
20
grounds to believe that each of the requirements prescribed by the
21
AML/CTF Rules for the purposes of paragraph (1)(b) is being met.
22
37B Regular assessments of agreement or arrangement covered by
23
section 37A
24
(1) If a reporting entity enters into an agreement or arrangement of a
25
kind referred to in subsection 37A(1), then, while the agreement or
26
arrangement is in force, the reporting entity must:
27
(a) carry out assessments in accordance with the AML/CTF
28
Rules; and
29
(b) carry out those assessments at the times worked out in
30
accordance with the AML/CTF Rules; and
31
(c) prepare a written record of each assessment within 10
32
business days after the day of completing the assessment.
33
Schedule 1
Amendments
Part 1
Identification procedures
6
Anti-Money Laundering and Counter-Terrorism Financing and Other
Legislation Amendment Bill 2019
No. , 2019
Civil penalty
1
(2) Subsection (1) is a civil penalty provision.
2
6 Section 38
3
Repeal the section, substitute:
4
38 Reliance on applicable customer identification procedures or
5
other procedures--other circumstances
6
If:
7
(a) a reporting entity (the
first entity
) is providing, or proposes to
8
provide, a designated service to a customer; and
9
(b) another person has carried out an applicable customer
10
identification procedure, or another procedure of a kind
11
prescribed by the AML/CTF Rules, in respect of that
12
customer; and
13
(c) the first entity has obtained, from the other person,
14
information about the identity of that customer that was
15
obtained by the other person in the course of carrying out that
16
procedure; and
17
(d) the first entity has reasonable grounds to believe that it is
18
appropriate to rely on that procedure in relation to that
19
designated service having regard to the risk the first entity
20
may reasonably face that the provision of that designated
21
service might (whether inadvertently or otherwise) involve or
22
facilitate money laundering or financing of terrorism; and
23
(e) the requirements prescribed by the AML/CTF Rules are
24
satisfied;
25
this Act (other than Part 10) has effect as if the first entity had
26
carried out the applicable customer identification procedure in
27
respect of that customer and that designated service.
28
7 Section 104
29
Omit:
30
Amendments
Schedule 1
Identification procedures
Part 1
No. , 2019
Anti-Money Laundering and Counter-Terrorism Financing and Other
Legislation Amendment Bill 2019
7
•
A reporting entity must retain a record of an applicable
1
customer identification procedure for 7 years after the end of
2
the reporting entity's relationship with the relevant customer.
3
substitute:
4
•
A reporting entity must retain records relating to:
5
(a)
applicable customer identification procedures it carries
6
out or that it is taken to have carried out; and
7
(b)
assessments it carries out of agreements or arrangements
8
it has entered into relating to its reliance on applicable
9
customer identification procedures, or other procedures,
10
carried out by another person.
11
8 Division 3 of Part 10 (heading)
12
Repeal the heading, substitute:
13
Division 3--Records in connection with the carrying out of
14
identification procedures
15
9 Section 114
16
Repeal the section, substitute:
17
114 Retention of information if identification procedures taken to
18
have been carried out by a reporting entity
19
(1) If:
20
(a) a person (the
first person
) carries out a procedure (the
initial
21
procedure
) mentioned in paragraph 37A(1)(a) or 38(b); and
22
(b) under section 37A or 38 and in connection with the initial
23
procedure, Part 2 has effect as if a reporting entity had
24
carried out an applicable customer identification procedure in
25
respect of a customer; and
26
(c) the first person makes a record of the initial procedure and
27
gives a copy of the record to the reporting entity;
28
the reporting entity must retain the copy until the end of the first
29
7-year period:
30
Schedule 1
Amendments
Part 1
Identification procedures
8
Anti-Money Laundering and Counter-Terrorism Financing and Other
Legislation Amendment Bill 2019
No. , 2019
(d) that began at a time after Part 2 had that effect; and
1
(e) throughout the whole of which the reporting entity did not
2
provide any designated services to the customer.
3
Civil penalty
4
(2) Subsection (1) is a civil penalty provision.
5
114A Retention of records of assessments of agreements or
6
arrangements covered by section 37A
7
(1) If a reporting entity prepares a record under paragraph 37B(1)(c),
8
the reporting entity must retain the record, or a copy of the record,
9
for 7 years after the completion of the preparation of the record.
10
Civil penalty
11
(2) Subsection (1) is a civil penalty provision.
12
10 Application and saving provisions
13
(1)
The repeal and substitution of section 32 of the
Anti-Money Laundering
14
and Counter-Terrorism Financing Act 2006
made by this Part applies in
15
relation to a designated service that commences to be provided on or
16
after the commencement of this item.
17
(2)
Section 37A of the
Anti-Money Laundering and Counter-Terrorism
18
Financing Act 2006
, as inserted by this Part, applies in relation to an
19
agreement or arrangement entered into on or after the commencement
20
of this item.
21
(3)
Section 38 of the
Anti-Money Laundering and Counter-Terrorism
22
Financing Act 2006
, as substituted by this Part, applies in relation to a
23
designated service referred to in paragraph 38(a) of that Act that is
24
provided on or after the commencement of this item (whether the
25
procedure referred to in paragraph 38(b) of that Act was carried out
26
before, on or after that commencement).
27
(4)
Section 38 of the
Anti-Money Laundering and Counter-Terrorism
28
Financing Act 2006
, as in force immediately before the commencement
29
of this item, continues to apply on and after that commencement in
30
Amendments
Schedule 1
Identification procedures
Part 1
No. , 2019
Anti-Money Laundering and Counter-Terrorism Financing and Other
Legislation Amendment Bill 2019
9
relation to a designated service referred to in paragraph 38(c) of that Act
1
(as so in force) that was provided before that commencement.
2
(5)
Section 114 of the
Anti-Money Laundering and Counter-Terrorism
3
Financing Act 2006
, as in force immediately before the commencement
4
of this item, continues to apply on and after that commencement in
5
relation to applications of subsection 114(1) of that Act before that
6
commencement.
7
Schedule 1
Amendments
Part 2
Correspondent banking
10
Anti-Money Laundering and Counter-Terrorism Financing and Other
Legislation Amendment Bill 2019
No. , 2019
Part 2--Correspondent banking
1
Anti-Money Laundering and Counter-Terrorism Financing
2
Act 2006
3
11 Sections 94 to 99
4
Repeal the sections, substitute:
5
94 Simplified outline of this Part
6
•
A financial institution must not enter into a correspondent
7
banking relationship with:
8
(a)
a shell bank; or
9
(b)
another financial institution that has a correspondent
10
banking relationship with a shell bank; or
11
(c)
another financial institution that permits its accounts to
12
be used by a shell bank.
13
•
A financial institution must carry out due diligence
14
assessments before it enters into, and while it is in, a
15
correspondent banking relationship with another financial
16
institution involving a vostro account.
17
95 Prohibitions on correspondent banking relationships involving
18
shell banks
19
Entry
20
(1) A financial institution must not enter into a correspondent banking
21
relationship with another person if:
22
(a) the other person is a shell bank; or
23
(b) the other person is a financial institution that has a
24
correspondent banking relationship with a shell bank; or
25
(c) the other person is a financial institution that permits its
26
accounts to be used by a shell bank.
27
Note:
For geographical links, see section 100.
28
Amendments
Schedule 1
Correspondent banking
Part 2
No. , 2019
Anti-Money Laundering and Counter-Terrorism Financing and Other
Legislation Amendment Bill 2019
11
Termination
1
(2) If a financial institution (the
first institution
) is in a correspondent
2
banking relationship with another person and the first institution
3
becomes aware that:
4
(a) the other person is a shell bank; or
5
(b) the other person is a financial institution that has a
6
correspondent banking relationship with a shell bank; or
7
(c) the other person is a financial institution that permits its
8
accounts to be used by a shell bank;
9
the first institution must, within 20 days after becoming so aware
10
or such longer period (if any) as the AUSTRAC CEO allows, do
11
one of the following:
12
(d) terminate the correspondent banking relationship;
13
(e) if paragraph (b) applies--request the other financial
14
institution to terminate the correspondent banking
15
relationship mentioned in that paragraph.
16
Note:
For geographical links, see section 100.
17
(3) If:
18
(a) the first institution makes a request under paragraph (2)(e) of
19
another financial institution; and
20
(b) at the end of the period (the
first period
) of 20 business days
21
after the request was made, the other financial institution has
22
not complied with the request;
23
the first institution must terminate its correspondent banking
24
relationship with the other financial institution within 20 days after
25
the end of the first period or such longer period (if any) as the
26
AUSTRAC CEO allows.
27
Note:
For geographical links, see section 100.
28
Civil penalty
29
(4) Subsections (1), (2) and (3) are civil penalty provisions.
30
Schedule 1
Amendments
Part 2
Correspondent banking
12
Anti-Money Laundering and Counter-Terrorism Financing and Other
Legislation Amendment Bill 2019
No. , 2019
96 Due diligence assessments and records of correspondent banking
1
relationships
2
Entry
3
(1) A financial institution (the
first institution
) must not enter into a
4
correspondent banking relationship with another financial
5
institution that will involve a vostro account unless:
6
(a) the first institution carries out a due diligence assessment in
7
accordance with the AML/CTF Rules and prepares a written
8
record of the assessment; and
9
(b) a senior officer of the first institution approves the entering
10
into of that relationship, having regard to such matters (if
11
any) as are specified in the AML/CTF Rules.
12
Note:
For geographical links, see section 100.
13
(2) If a financial institution (the
first institution
) enters into a
14
correspondent banking relationship with another financial
15
institution that involves a vostro account, the first institution must,
16
within 20 business days after the day of entering into the
17
relationship, prepare a written record that sets out:
18
(a) its responsibilities under that relationship; and
19
(b) the responsibilities of the other financial institution under that
20
relationship.
21
Ongoing assessments
22
(3) If a financial institution (the
first institution
) is in a correspondent
23
banking relationship with another financial institution that involves
24
a vostro account, the first institution must:
25
(a) carry out due diligence assessments in accordance with the
26
AML/CTF Rules; and
27
(b) carry out those assessments at the times worked out in
28
accordance with the AML/CTF Rules; and
29
(c) in relation to each assessment, prepare a written record of the
30
assessment within 10 business days after the day of
31
completing the assessment; and
32
(d) in relation to each assessment, ensure that, within 20 business
33
days after the preparation of the written record, a senior
34
officer of the first institution reviews the written record and
35
Amendments
Schedule 1
Correspondent banking
Part 2
No. , 2019
Anti-Money Laundering and Counter-Terrorism Financing and Other
Legislation Amendment Bill 2019
13
makes a decision about whether the first institution should
1
remain in a correspondent banking relationship with the other
2
financial institution.
3
Note:
For geographical links, see section 100.
4
Civil penalty
5
(4) Subsections (1), (2) and (3) are civil penalty provisions.
6
12 Division 6 of Part 10 (heading)
7
Repeal the heading, substitute:
8
Division 6--Records about correspondent banking
9
relationships
10
13 Section 117 (heading)
11
Repeal the heading, substitute:
12
117 Retention of records about correspondent banking relationships
13
14 Subsection 117(1)
14
Omit "subsection 97(2) or 98(2)", substitute "section 96".
15
15 Paragraph 1(5)(a) of Schedule 1
16
Omit ", 96 or 99".
17
16 Paragraph 1(5)(b) of Schedule 1
18
Omit "96, 97 or 98", substitute "95 or 96".
19
17 Application provisions
20
(1)
Subsection 95(1) of the
Anti-Money Laundering and Counter-Terrorism
21
Financing Act 2006
, as substituted by this Part, applies in relation to a
22
correspondent banking relationship first mentioned in that subsection
23
that is entered into on or after the commencement of this item.
24
(2)
Subsection 95(2) of the
Anti-Money Laundering and Counter-Terrorism
25
Financing Act 2006
, as substituted by this Part, applies on and after the
26
commencement of this item in relation to a correspondent banking
27
Schedule 1
Amendments
Part 2
Correspondent banking
14
Anti-Money Laundering and Counter-Terrorism Financing and Other
Legislation Amendment Bill 2019
No. , 2019
relationship first mentioned in that subsection that was entered into
1
before, on or after that commencement, where the first institution
2
becomes aware as mentioned in that subsection on or after that
3
commencement.
4
(3)
Subsections 96(1) and (2) of the
Anti-Money Laundering and
5
Counter-Terrorism Financing Act 2006
, as substituted by this Part,
6
apply in relation to a correspondent banking relationship that is entered
7
into on or after the commencement of this item.
8
(4)
Subsection 96(3) of the
Anti-Money Laundering and Counter-Terrorism
9
Financing Act 2006
, as substituted by this Part, applies on and after the
10
commencement of this item in relation to a correspondent banking
11
relationship that was entered into before, on or after that
12
commencement, where the assessments are required to be carried out on
13
or after that commencement.
14
18 Saving provisions
15
(1)
Section 95 of the
Anti-Money Laundering and Counter-Terrorism
16
Financing Act 2006
, as in force immediately before the commencement
17
of this item, continues to apply on and after that commencement in
18
relation to a correspondent banking relationship first mentioned in that
19
section that was entered into before that commencement.
20
(2)
Section 96 of the
Anti-Money Laundering and Counter-Terrorism
21
Financing Act 2006
, as in force immediately before the commencement
22
of this item, continues to apply on and after that commencement in
23
relation to a correspondent banking relationship first mentioned in that
24
section that was entered into before that commencement, where the first
25
financial institution became aware as mentioned in that section before
26
that commencement.
27
(3)
Section 97 of the
Anti-Money Laundering and Counter-Terrorism
28
Financing Act 2006
, as in force immediately before the commencement
29
of this item, continues to apply on and after that commencement in
30
relation to a correspondent banking relationship that was entered into
31
before that commencement.
32
(4)
Section 98 of the
Anti-Money Laundering and Counter-Terrorism
33
Financing Act 2006
, as in force immediately before the commencement
34
of this item, continues to apply on and after that commencement in
35
Amendments
Schedule 1
Correspondent banking
Part 2
No. , 2019
Anti-Money Laundering and Counter-Terrorism Financing and Other
Legislation Amendment Bill 2019
15
relation to a correspondent banking relationship that was entered into
1
before that commencement, where the assessments were required to be
2
carried out before that commencement.
3
(5)
Section 99 of the
Anti-Money Laundering and Counter-Terrorism
4
Financing Act 2006
, as in force immediately before the commencement
5
of this item, continues to apply on and after that commencement in
6
relation to a correspondent banking relationship that was entered into
7
before that commencement.
8
(6)
Section 117 of the
Anti-Money Laundering and Counter-Terrorism
9
Financing Act 2006
, as in force immediately before the commencement
10
of this item, continues to apply on and after that commencement in
11
relation to a record prepared under subsection 97(2) or 98(2) of that Act
12
before that commencement.
13
Schedule 1
Amendments
Part 3
Tipping-off offence
16
Anti-Money Laundering and Counter-Terrorism Financing and Other
Legislation Amendment Bill 2019
No. , 2019
Part 3--Tipping-off offence
1
Anti-Money Laundering and Counter-Terrorism Financing
2
Act 2006
3
19 Subsections 123(1), (2) and (3)
4
Repeal the subsections, substitute:
5
Prohibitions
6
(1) A reporting entity must not disclose to a person other than an
7
AUSTRAC entrusted person:
8
(a) that the reporting entity has given, or is required to give, a
9
report under subsection 41(2); or
10
(b) any information from which it could reasonably be inferred
11
that the reporting entity has given, or is required to give, that
12
report.
13
(2) If:
14
(a) a reporting entity gives a report to the AUSTRAC CEO
15
under section 41, 43 or 45; and
16
(b) in connection with that report, the reporting entity (the
17
recipient
) or another person (also the
recipient
) is required
18
by a notice under subsection 49(1) to give information or
19
produce a document;
20
the recipient must not disclose to a person (except an AUSTRAC
21
entrusted person, the person who gave the notice or any other
22
person who has given a notice to the recipient under
23
subsection 49(1) in connection with that report):
24
(c) that the recipient is or has been required by a notice under
25
subsection 49(1) to give information or produce a document;
26
or
27
(d) that the information has been given or the document has been
28
produced; or
29
(e) any information from which it could reasonably be inferred
30
that:
31
Amendments
Schedule 1
Tipping-off offence
Part 3
No. , 2019
Anti-Money Laundering and Counter-Terrorism Financing and Other
Legislation Amendment Bill 2019
17
(i) the recipient had been required under subsection 49(1)
1
to give information or produce a document; or
2
(ii) the information had been given under subsection 49(1);
3
or
4
(iii) the document had been produced under
5
subsection 49(1).
6
20 Subsection 123(4) (heading)
7
Repeal the heading, substitute:
8
Exception--crime prevention
9
21 Subsection 123(4)
10
Omit "Subsection (2)", substitute "Subsection (1)".
11
22 Before subsection 123(5)
12
Insert:
13
Exception--legal advice
14
23 Subsection 123(5)
15
Omit "Subsection (2)", substitute "Subsection (1)".
16
24 After subsection 123(5A)
17
Insert:
18
Exception--audit or review of anti-money laundering and
19
counter-terrorism financing program
20
(5B) Subsection (1) does not apply to the disclosure of information by a
21
reporting entity if the disclosure is to a person appointed or
22
engaged by the reporting entity to audit or review the reporting
23
entity's anti-money laundering and counter-terrorism financing
24
program.
25
Note:
A defendant bears an evidential burden in relation to the matter in
26
subsection (5B) (see subsection 13.3(3) of the
Criminal Code
).
27
(5C) A person to whom information has been disclosed under
28
subsection (5B) must not disclose the information unless the
29
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disclosure is made to another person in connection with the audit
1
or review of the reporting entity's anti-money laundering and
2
counter-terrorism financing program.
3
Exception--Charter of the United Nations Act 1945
4
25 Subsection 123(6)
5
Omit "Subsection (2)", substitute "Subsection (1)".
6
26 Subsections 123(7) and (7AA)
7
Repeal the subsections, substitute:
8
Exception--members of a corporate group
9
(7) Subsection (1) does not apply to the disclosure of information by a
10
reporting entity (the
first entity
) if:
11
(a) the first entity belongs to a corporate group; and
12
(b) the information relates to the affairs of a person (the
relevant
13
person
) who is, or was, a customer of the first entity or who
14
made inquiries referred to in subparagraph 41(1)(c)(i) of the
15
first entity; and
16
(c) the disclosure is made to a body corporate (the
related body
17
corporate
) that belongs to the corporate group; and
18
(d) the related body corporate is a reporting entity or is regulated
19
by one or more laws of a foreign country that give effect to
20
some or all of the FATF Recommendations; and
21
(e) if the related body corporate is regulated by one or more laws
22
of a foreign country that give effect to some or all of the
23
FATF Recommendations--the related body corporate has
24
given the first entity a written undertaking for:
25
(i) protecting the confidentiality of information that may be
26
disclosed to the related body corporate under this
27
subsection; and
28
(ii) controlling the use that will be made of the information;
29
and
30
(iii) ensuring that the information will be used only for the
31
purpose for which it is disclosed to the related body
32
corporate; and
33
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19
(f) the disclosure is made for the purpose of informing the
1
related body corporate about the risks involved in dealing
2
with the relevant person.
3
Note:
A defendant bears an evidential burden in relation to the matter in
4
subsection (7) (see subsection 13.3(3) of the
Criminal Code
).
5
(7AA) A reporting entity to whom information has been disclosed under
6
subsection (7) must not disclose the information unless:
7
(a) the disclosure is made to another reporting entity that belongs
8
to the corporate group; and
9
(b) the disclosure is made for the purpose of informing the other
10
reporting entity about the risks involved in dealing with the
11
relevant person.
12
Exception--members of a designated business group
13
(7AB) Subsection (1) does not apply to the disclosure of information by a
14
reporting entity (the
first entity
) if:
15
(a) the first entity belongs to a designated business group; and
16
(b) the information relates to the affairs of a person (the
relevant
17
person
) who is, or was, a customer of the first entity or who
18
made inquiries referred to in subparagraph 41(1)(c)(i) of the
19
first entity; and
20
(c) the disclosure is made to another person (the
related person
)
21
that belongs to the designated business group; and
22
(d) the related person is a reporting entity or is regulated by one
23
or more laws of a foreign country that give effect to some or
24
all of the FATF Recommendations; and
25
(e) if the related person is regulated by one or more laws of a
26
foreign country that give effect to some or all of the FATF
27
Recommendations--the related person has given the first
28
entity a written undertaking for:
29
(i) protecting the confidentiality of information that may be
30
disclosed to the related person under this subsection;
31
and
32
(ii) controlling the use that will be made of the information;
33
and
34
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(iii) ensuring that the information will be used only for the
1
purpose for which it is disclosed to the related person;
2
and
3
(f) the disclosure is made for the purpose of informing the
4
related person about the risks involved in dealing with the
5
relevant person.
6
Note:
A defendant bears an evidential burden in relation to the matter in
7
subsection (7AB) (see subsection 13.3(3) of the
Criminal Code
).
8
(7AC) A reporting entity to whom information has been disclosed under
9
subsection (7AB) must not disclose the information unless:
10
(a) the disclosure is made to another reporting entity that belongs
11
to the designated business group; and
12
(b) the disclosure is made for the purpose of informing the other
13
reporting entity about the risks involved in dealing with the
14
relevant person.
15
Exception--remittance sector
16
27 Subsection 123(7A)
17
Omit "Subsection (2)", substitute "Subsection (1)".
18
28 Before subsection 123(8)
19
Insert:
20
Exception--ADI
21
29 Subsection 123(8)
22
Omit "Subsection (2)", substitute "Subsection (1)".
23
30 Before subsection 123(9)
24
Insert:
25
Exception--compliance with the law or law enforcement
26
31 Subsection 123(9)
27
Omit "Subsection (2)", substitute "Subsection (1)".
28
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21
32 Before subsection 123(10)
1
Insert:
2
Courts or tribunals
3
33 Subsection 123(10)
4
Omit ", (2) or (3)", substitute "or (2)".
5
34 Paragraph 123(11)(a)
6
Omit "(3),".
7
35 Paragraph 123(11)(a)
8
After "(5A),", insert "(5C),".
9
36 Paragraph 123(11)(a)
10
After "(7AA),", insert "(7AC),".
11
37 Application provision
12
The amendments of section 123 of the
Anti-Money Laundering and
13
Counter-Terrorism Financing Act 2006
made by this Part apply in
14
relation to the disclosure of information on or after the commencement
15
of this item, whether the information was obtained before, on or after
16
that commencement.
17
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Anti-Money Laundering and Counter-Terrorism Financing and Other
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Part 4--Secrecy and access
1
Anti-Money Laundering and Counter-Terrorism Financing
2
Act 2006
3
38 Section 5
4
Repeal the following definitions:
5
(a) definition of
ASD Minister
;
6
(b) definition of
ASD official
;
7
(c) definition of
ASIO Minister
;
8
(d) definition of
ASIO official
;
9
(e) definition of
ASIS Minister
;
10
(f) definition of
ASIS official
.
11
39 Section 5
12
Insert:
13
AUSTRAC entrusted person
means:
14
(a) the AUSTRAC CEO; or
15
(b) a member of the staff of AUSTRAC; or
16
(c) a person engaged as a consultant under subsection 225(1); or
17
(d) a person whose services are made available to the
18
AUSTRAC CEO under subsection 225(3); or
19
(e) a member of a task force established by the AUSTRAC CEO
20
under paragraph 212(1)(db); or
21
(f) the Director of AUSTRAC; or
22
(g) a person engaged as a consultant under repealed section 40A
23
of the
Financial Transaction Reports Act 1988
.
24
Note:
The former office of Director of AUSTRAC was established under the
25
Financial Transaction Reports Act 1988
.
26
40 Section 5 (definition of
AUSTRAC information
)
27
Repeal the definition, substitute:
28
AUSTRAC information
means the following:
29
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23
(a) information obtained by, or generated by, an AUSTRAC
1
entrusted person under or for the purposes of this Act;
2
(b) information obtained by an AUSTRAC entrusted person
3
under or for the purposes of any other law of the
4
Commonwealth or a law of a State or a Territory;
5
(c) information obtained by an AUSTRAC entrusted person
6
from a government body;
7
(d) FTR information (within the meaning of the
Financial
8
Transaction Reports Act 1988
).
9
41 Section 5
10
Insert:
11
Commonwealth, State or Territory agency
means any of the
12
following:
13
(a) an agency, authority, body or organisation of the
14
Commonwealth, a State or a Territory that has functions in
15
relation to, or that is responsible for or deals with, law
16
enforcement or investigation of corruption;
17
(b) an agency, authority, body or organisation of the
18
Commonwealth, a State or a Territory that has functions in
19
relation to, or that is responsible for or deals with, criminal
20
intelligence, security intelligence, foreign intelligence or
21
financial intelligence;
22
(c) an agency, authority, body or organisation of the
23
Commonwealth, a State or a Territory that has functions in
24
relation to the protection of the public revenue of the
25
Commonwealth, a State or a Territory;
26
(d) an agency, authority, body or organisation of the
27
Commonwealth, a State or a Territory that has regulatory
28
functions;
29
(e) an agency, authority, body or organisation of the
30
Commonwealth, a State or a Territory that has oversight
31
functions under a law of the Commonwealth, a State or a
32
Territory;
33
(f) a Department of the Commonwealth;
34
(g) a Commonwealth Royal Commission whose terms of
35
reference include inquiry into whether unlawful conduct
36
(however described) has, or might have, occurred;
37
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(h) a State/Territory Royal Commission:
1
(i) whose terms of reference include inquiry into whether
2
unlawful conduct (however described) has, or might
3
have, occurred; and
4
(ii) that is specified in the AML/CTF Rules;
5
(i) any other agency, authority, body or organisation of the
6
Commonwealth, a State or a Territory, being an agency,
7
authority, body or organisation prescribed by the AML/CTF
8
Rules;
9
(j) a task force that:
10
(i) is established by a Minister of the Commonwealth or of
11
a State or Territory or established under a law of the
12
Commonwealth, a State or a Territory; and
13
(ii) has functions of a kind described in paragraph (a), (b),
14
(c) or (d);
15
(k) a person who holds an office or appointment under a law of
16
the Commonwealth, a State or a Territory, being an office or
17
appointment prescribed by the AML/CTF Rules.
18
42 Section 5
19
Repeal the following definitions:
20
(a) definition of
defence intelligence agency
;
21
(b) definition of
designated agency
;
22
(c) definition of
Director-General of Security
;
23
(d) definition of
eligible collected information
.
24
43 Section 5
25
Insert:
26
entrusted investigating official
means:
27
(a) the Commissioner of the Australian Federal Police; or
28
(b) the Chief Executive Officer of the Australian Crime
29
Commission; or
30
(c) the Commissioner of Taxation; or
31
(d) the Comptroller-General of Customs; or
32
(e) the Integrity Commissioner; or
33
(f) an investigating officer.
34
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25
foreign agency
means:
1
(a) a government body that has responsibility for:
2
(i) intelligence gathering for a foreign country; or
3
(ii) the security of a foreign country; or
4
(b) a government body that has responsibility for law
5
enforcement or investigation of corruption in a foreign
6
country or a part of a foreign country; or
7
(c) a government body that has responsibility for the protection
8
of the public revenue of a foreign country; or
9
(d) a government body that has regulatory functions in a foreign
10
country; or
11
(e) the European Police Office (Europol); or
12
(f) the International Criminal Police Organization (Interpol); or
13
(g) an international body prescribed by the regulations for the
14
purposes of this paragraph.
15
44 Section 5
16
Repeal the following definitions:
17
(a) definition of
foreign intelligence agency
;
18
(b) definition of
foreign law enforcement agency
;
19
(c) definition of
Human Services Department
;
20
(d) definition of
Human Services Minister
;
21
(e) definition of
IGIS
;
22
(f) definition of
IGIS official
;
23
(g) definition of
Immigration Department
.
24
45 Section 5
25
Insert:
26
Integrity Commissioner
means the person appointed under
27
section 175 of the
Law Enforcement Integrity Commissioner Act
28
2006
as the Integrity Commissioner.
29
46 Section 5
30
Repeal the following definitions:
31
(a) definition of
Inter-Governmental Committee
;
32
(b) definition of
non-designated Commonwealth agency
.
33
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47 Section 5 (definition of
official
)
1
Repeal the definition, substitute:
2
official
has the meaning given by section 22.
3
48 Section 5 (definition of
Treasury Department
)
4
Repeal the definition.
5
49 Section 22
6
Repeal the section, substitute:
7
22 Officials of Commonwealth, State or Territory agencies
8
(1) For the purposes of this Act, an
official
of a Commonwealth, State
9
or Territory agency covered by paragraph (a), (b), (c), (d), (e), (f),
10
(g), (h), (i) or (j) of the definition of
Commonwealth, State or
11
Territory agency
in section 5 is:
12
(a) the head (however described) of the Commonwealth, State or
13
Territory agency; or
14
(b) a member or acting member of the Commonwealth, State or
15
Territory agency; or
16
(c) a member of the staff of the Commonwealth, State or
17
Territory agency; or
18
(d) an officer or employee of the Commonwealth, State or
19
Territory agency; or
20
(e) an officer, employee or other individual under the direction
21
of the head (however described) of the Commonwealth, State
22
or Territory agency; or
23
(f) an individual who, under the AML/CTF Rules, is taken to be
24
an official of the Commonwealth, State or Territory agency
25
for the purposes of this Act;
26
and, in the case of a Commonwealth Royal Commission or a
27
State/Territory Royal Commission, includes the following:
28
(g) a legal practitioner (however described) appointed to assist
29
the Commission;
30
(h) a person authorised under subsection (3).
31
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27
(2) For the purposes of this Act, an
official
of a Commonwealth, State
1
or Territory agency covered by paragraph (k) of the definition of
2
Commonwealth, State or Territory agency
in section 5 is:
3
(a) the person who holds the office or appointment; or
4
(b) an individual who, under the AML/CTF Rules, is taken to be
5
an official in relation to the Commonwealth, State or
6
Territory agency for the purposes of this Act.
7
Royal Commissions
8
(3) Either:
9
(a) the sole Commissioner of a Commonwealth Royal
10
Commission or a State/Territory Royal Commission; or
11
(b) a member of a Commonwealth Royal Commission or a
12
State/Territory Royal Commission;
13
may, in writing, authorise a person assisting the Commission for
14
the purposes of paragraph (1)(h).
15
Note:
For revocation, see subsection 33(3) of the
Acts Interpretation Act
16
1901
.
17
(4) An authorisation under subsection (3) is not a legislative
18
instrument.
19
50 After section 50
20
Insert:
21
50A Secrecy--information obtained under section 49
22
(1) A person commits an offence if:
23
(a) the person is, or has been, an entrusted investigating official;
24
and
25
(b) the person has obtained information under section 49 or this
26
section; and
27
(c) the person makes a record of, discloses or otherwise uses the
28
information.
29
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
30
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Exception
1
(2) Subsection (1) does not apply if:
2
(a) the making of the record, disclosure or use is for the purposes
3
of, or in connection with, the performance or exercise of the
4
person's functions, duties or powers as an entrusted
5
investigating official; or
6
(b) the disclosure is to an AUSTRAC entrusted person or to
7
another entrusted investigating official for the purposes of, or
8
in connection with, the performance or exercise of the
9
AUSTRAC entrusted person's or other official's functions,
10
duties or powers.
11
Note:
A defendant bears an evidential burden in relation to a matter in
12
subsection (2) (see subsection 13.3(3) of the
Criminal Code
).
13
Courts or tribunals
14
(3) Except where it is necessary to do so for the purposes of giving
15
effect to this Act or the
Financial Transaction Reports Act 1988
, a
16
person who is, or has been, an entrusted investigating official is not
17
to be required:
18
(a) to produce a document containing information obtained by
19
the person under section 49 or this section to a court or
20
tribunal; or
21
(b) to disclose information obtained by the person under
22
section 49 or this section to a court or tribunal.
23
51 Divisions 1 and 2 of Part 11
24
Repeal the Divisions, substitute:
25
Division 1--Introduction
26
120 Simplified outline of this Part
27
•
Except as permitted by this Act, an AUSTRAC entrusted
28
person must not access, make a record of, authorise access to,
29
disclose or otherwise use AUSTRAC information.
30
•
A reporting entity must not disclose:
31
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29
(a)
that the reporting entity has given, or is required to give,
1
a report under subsection 41(2); or
2
(b)
any information from which it could reasonably be
3
inferred that the reporting entity has given, or is required
4
to give, that report.
5
•
The AUSTRAC CEO may authorise officials of
6
Commonwealth, State or Territory agencies to access
7
AUSTRAC information for the purposes of performing the
8
agency's functions and duties and exercising the agency's
9
powers.
10
•
In certain circumstances, AUSTRAC information may be
11
disclosed to governments of foreign countries or to foreign
12
agencies.
13
•
There are restrictions on persons using or disclosing
14
AUSTRAC information where the information was disclosed
15
to the persons in contravention of this Part.
16
Division 2--AUSTRAC entrusted persons
17
121 Offence--AUSTRAC entrusted persons
18
(1) A person commits an offence if:
19
(a) the person is, or has been, an AUSTRAC entrusted person;
20
and
21
(b) the person accesses, makes a record of, authorises access to,
22
discloses or otherwise uses information; and
23
(c) the information is AUSTRAC information.
24
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
25
Exceptions
26
(2) Subsection (1) does not apply if the access, making of the record,
27
authorisation of the access, disclosure or use:
28
(a) is for the purposes of this Act or the
Financial Transaction
29
Reports Act 1988
; or
30
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(b) is for the purposes of the performance of the functions of the
1
AUSTRAC CEO; or
2
(c) is for the purposes of, or in connection with, the performance
3
or exercise of the person's functions, duties or powers in
4
relation to AUSTRAC; or
5
(d) is in accordance with a provision of this Part; or
6
(e) is for the purposes of the
Law Enforcement Integrity
7
Commissioner Act 2006
.
8
Note:
A defendant bears an evidential burden in relation to a matter in
9
subsection (2) (see subsection 13.3(3) of the
Criminal Code
).
10
(3) Subsection (1) does not apply if the disclosure is:
11
(a) to an official of a Commonwealth, State or Territory agency
12
for the purposes of, or in connection with, the performance or
13
exercise of the official's functions, duties or powers in
14
relation to the agency; or
15
(b) to a Minister of the Commonwealth or of a State or Territory
16
for the purposes of, or in connection with, the performance of
17
that Minister's responsibilities.
18
Note:
A defendant bears an evidential burden in relation to a matter in
19
subsection (3) (see subsection 13.3(3) of the
Criminal Code
).
20
Conditions
21
(4) If:
22
(a) a person who is an AUSTRAC entrusted person discloses
23
AUSTRAC information to another person under this section;
24
and
25
(b) the other person is none of the following:
26
(i) an AUSTRAC entrusted person;
27
(ii) an official of a Commonwealth, State or Territory
28
agency;
29
(iii) a Minister of the Commonwealth or of a State or
30
Territory;
31
the AUSTRAC CEO may, in writing and at the time of the
32
disclosure, impose conditions to be complied with in relation to the
33
making of a record, disclosure or use of the information by the
34
other person.
35
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31
Secondary dealings
1
(5) A person commits an offence if:
2
(a) the person is none of the following:
3
(i) an AUSTRAC entrusted person;
4
(ii) an official of a Commonwealth, State or Territory
5
agency;
6
(iii) a Minister of the Commonwealth or of a State or
7
Territory; and
8
(b) AUSTRAC information is disclosed to the person under
9
subsection (2); and
10
(c) the person is not subject to conditions under subsection (4) in
11
relation to the information; and
12
(d) the person discloses the information to another person.
13
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
14
(6) A person commits an offence if:
15
(a) the person is none of the following:
16
(i) an AUSTRAC entrusted person;
17
(ii) an official of a Commonwealth, State or Territory
18
agency;
19
(iii) a Minister of the Commonwealth or of a State or
20
Territory; and
21
(b) AUSTRAC information is disclosed to the person under
22
subsection (2); and
23
(c) the person is subject to conditions under subsection (4) in
24
relation to the information; and
25
(d) the person makes a record of, discloses or otherwise uses the
26
information; and
27
(e) the making of the record, disclosure or use referred to in
28
paragraph (d) breaches any of those conditions.
29
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
30
Instrument not a legislative instrument
31
(7) An instrument under subsection (4) is not a legislative instrument.
32
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52 Division 3 of Part 11 (heading)
1
Repeal the heading, substitute:
2
Division 3--Protection of information given under Part 3
3
53 Paragraph 124(2)(a)
4
Omit "section 123, 136 or 137", substitute "section 121, 123, 126, 128,
5
129, 136, 137, 161, 162 or 165 of this Act".
6
54 Paragraph 124(2)(b)
7
Repeal the paragraph, substitute:
8
(b) criminal proceedings for an offence against section 29 or 30
9
of the
Financial Transaction Reports Act 1988
;
10
(c) proceedings under section 175 of this Act.
11
55 Division 4 of Part 11
12
Repeal the Division, substitute:
13
Division 4--Access to AUSTRAC information by
14
Commonwealth, State or Territory agencies
15
125 Access to AUSTRAC information
16
(1) The AUSTRAC CEO may, in writing, authorise specified officials
17
of a specified Commonwealth, State or Territory agency to access
18
specified AUSTRAC information for the purposes of performing
19
the agency's functions and duties and exercising the agency's
20
powers.
21
Note 1:
For specification by class, see subsection 33(3AB) of the
Acts
22
Interpretation Act 1901
.
23
Note 2:
For variation and revocation, see subsection 33(3) of the
Acts
24
Interpretation Act 1901
.
25
(2) However, the AUSTRAC CEO may give an authorisation under
26
subsection (1) in relation to an agency, authority, body or
27
organisation of a State or Territory only if its head (however
28
described) has given a written undertaking to the AUSTRAC CEO
29
that it and its officials will comply with the Australian Privacy
30
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33
Principles in respect of AUSTRAC information obtained under
1
subsection 121(2) or (3), this section or subsection 126(2).
2
Authorisation not a legislative instrument
3
(3) An authorisation under subsection (1) is not a legislative
4
instrument.
5
126 Dealings with AUSTRAC information
6
(1) A person commits an offence if:
7
(a) the person is, or has been, an official of a Commonwealth,
8
State or Territory agency; and
9
(b) the person has obtained AUSTRAC information under
10
subsection 121(2) or (3), section 125 or subsection (2) of this
11
section; and
12
(c) the person makes a record of, discloses or otherwise uses the
13
information.
14
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
15
Exception--functions, duties or powers of officials etc.
16
(2) Subsection (1) does not apply if:
17
(a) the making of the record, disclosure or use is for the purposes
18
of, or in connection with, the performance or exercise of the
19
person's functions, duties or powers as an official of a
20
Commonwealth, State or Territory agency; or
21
(b) the disclosure is to another official of a Commonwealth,
22
State or Territory agency for the purposes of, or in
23
connection with, the performance or exercise of the other
24
official's functions, duties or powers in relation to the
25
agency; or
26
(c) the disclosure is to a Minister of the Commonwealth or of a
27
State or Territory for the purposes of, or in connection with,
28
the performance of that Minister's responsibilities; or
29
(d) the disclosure is in accordance with section 127.
30
Note:
A defendant bears an evidential burden in relation to a matter in
31
subsection (2) (see subsection 13.3(3) of the
Criminal Code
).
32
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Exception--court or tribunal proceedings etc.
1
(3) Subsection (1) does not apply if the disclosure is to a person for the
2
purposes of or in connection with:
3
(a) court or tribunal proceedings; or
4
(b) proposed or possible court or tribunal proceedings; or
5
(c) obtaining legal advice.
6
Note:
A defendant bears an evidential burden in relation to the matter in
7
subsection (3) (see subsection 13.3(3) of the
Criminal Code
).
8
Secondary disclosure
9
(4) A person commits an offence if:
10
(a) AUSTRAC information is disclosed to the person under
11
subsection (3); and
12
(b) the person discloses the information to another person.
13
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
14
(5) Subsection (4) does not apply if:
15
(a) the disclosure is for the purposes of or in connection with:
16
(i) the court or tribunal proceedings; or
17
(ii) the proposed or possible court or tribunal proceedings;
18
or
19
(iii) obtaining or giving the legal advice; or
20
(b) the disclosure is permitted by this Division.
21
Note:
A defendant bears an evidential burden in relation to the matter in
22
subsection (5) (see subsection 13.3(3) of the
Criminal Code
).
23
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Anti-Money Laundering and Counter-Terrorism Financing and Other
Legislation Amendment Bill 2019
35
Division 5--Disclosure of AUSTRAC information to
1
foreign countries or agencies
2
127 Disclosure of AUSTRAC information to foreign countries or
3
agencies
4
AUSTRAC CEO
5
(1) The AUSTRAC CEO may disclose AUSTRAC information to the
6
government of a foreign country, or to a foreign agency, if the
7
AUSTRAC CEO is satisfied that:
8
(a) where the AUSTRAC CEO considers it appropriate, the
9
government of the foreign country, or the foreign agency, has
10
given an undertaking for:
11
(i) protecting the confidentiality of the information; and
12
(ii) controlling the use that will be made of the information;
13
and
14
(iii) ensuring that the information will be used only for the
15
purpose for which it is disclosed to the government of
16
the foreign country or to the foreign agency; and
17
(b) it is appropriate, in all the circumstances of the case, to do so.
18
Commonwealth, State or Territory agencies
19
(2) A person who is:
20
(a) the head (however described) of a Commonwealth, State or
21
Territory agency referred to in subsection (3); or
22
(b) covered by an authorisation under subsection (4);
23
may disclose AUSTRAC information to the government of a
24
foreign country, or to a foreign agency, if the person is satisfied
25
that:
26
(c) the government of the foreign country, or the foreign agency,
27
has given an undertaking for:
28
(i) protecting the confidentiality of the information; and
29
(ii) controlling the use that will be made of the information;
30
and
31
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(iii) ensuring that the information will be used only for the
1
purpose for which it is disclosed to the government of
2
the foreign country or to the foreign agency; and
3
(d) it is appropriate, in all the circumstances of the case, to do so.
4
List of agencies, authorities, bodies or organisations of the
5
Commonwealth
6
(3) For the purposes of this section, the Commonwealth, State or
7
Territory agencies are the following:
8
(a) the Department;
9
(b) the Attorney-General's Department;
10
(c) the Department of Foreign Affairs and Trade;
11
(d) the Australian Federal Police;
12
(e) the Australian Crime Commission;
13
(f) the Australian Prudential Regulation Authority;
14
(g) the Australian Securities and Investments Commission;
15
(h) the Australian Taxation Office;
16
(i) ASIO;
17
(j) ASIS;
18
(k) ASD;
19
(l) AGO;
20
(m) DIO;
21
(n) ONI;
22
(o) any other agency, authority, body or organisation of the
23
Commonwealth that is prescribed by the AML/CTF Rules.
24
Note:
See also the definition of
agency
in section 5.
25
Authorisations
26
(4) For the purposes of paragraph (2)(b), the head (however described)
27
of a Commonwealth, State or Territory agency referred to in
28
subsection (3) may, in writing, authorise an official of the
29
Commonwealth, State or Territory agency.
30
Note:
For variation and revocation, see subsection 33(3) of the
Acts
31
Interpretation Act 1901
.
32
(5) An authorisation under subsection (4) is not a legislative
33
instrument.
34
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Anti-Money Laundering and Counter-Terrorism Financing and Other
Legislation Amendment Bill 2019
37
Division 6--Unauthorised accessing of or use or disclosure
1
of AUSTRAC information
2
128 Unauthorised accessing of AUSTRAC information
3
A person commits an offence if:
4
(a) the person accesses information; and
5
(b) the information is AUSTRAC information; and
6
(c) the access is not permitted by this Part.
7
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
8
129 Use or disclosure of AUSTRAC information disclosed in
9
contravention of this Part
10
(1) A person commits an offence if:
11
(a) information is disclosed to the person; and
12
(b) the information is AUSTRAC information; and
13
(c) the disclosure to the person is in contravention of this Part;
14
and
15
(d) the person makes a record of, discloses or otherwise uses the
16
information.
17
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
18
Exception
19
(2) Subsection (1) does not apply if the person discloses the
20
information for the purposes of an appropriate authority
21
investigating the disclosure mentioned in paragraph (1)(c).
22
Note:
A defendant bears an evidential burden in relation to a matter in
23
subsection (2) (see subsection 13.3(3) of the
Criminal Code
).
24
56 Division 5 of Part 11 (heading)
25
Repeal the heading, substitute:
26
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Division 7--Use of AUSTRAC information in court or
1
tribunal proceedings
2
57 Section 134
3
Repeal the section, substitute:
4
134 Use of AUSTRAC information in court or tribunal proceedings
5
Except where it is necessary to do so for the purposes of giving
6
effect to this Act or the
Financial Transaction Reports Act 1988
, a
7
person is not to be required:
8
(a) to produce a document containing AUSTRAC information to
9
a court or tribunal; or
10
(b) to disclose AUSTRAC information to a court or tribunal.
11
58 Subsection 190(4)
12
Omit "section 126", substitute "section 125".
13
59 Section 208
14
Omit "eligible collected information", substitute "AUSTRAC
15
information".
16
60 Paragraph 212(1)(a)
17
Omit "eligible collected information or".
18
61 Paragraph 212(1)(b)
19
Omit "entitled or".
20
62 After paragraph 212(1)(da)
21
Insert:
22
(db) to establish such task forces as the AUSTRAC CEO
23
considers appropriate; and
24
63 After paragraph 212(1)(e)
25
Insert:
26
(ea) to assist in the development of government policy or to assist
27
academic research; and
28
Amendments
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Anti-Money Laundering and Counter-Terrorism Financing and Other
Legislation Amendment Bill 2019
39
Inspector-General of Intelligence and Security Act 1986
1
64 Section 25A (note)
2
Omit "section 128", substitute "Part 11".
3
65 Application and transitional provisions
4
(1)
Section 50A of the
Anti-Money Laundering and Counter-Terrorism
5
Financing Act 2006
, as inserted by this Part, applies in relation to the
6
making of a record of, the disclosure of or the use of information on or
7
after the commencement of this item (whether the information was
8
obtained before, on or after that commencement).
9
(2)
For the purposes of the operation of section 50A of the
Anti-Money
10
Laundering and Counter-Terrorism Financing Act 2006
, as inserted by
11
this Part,
on or after the commencement of this item, information
12
obtained under subsection 122(3) of that Act before that
13
commencement is taken on and after that commencement to be
14
information obtained under section 50A of that Act.
15
(3)
Section 121 of the
Anti-Money Laundering and Counter-Terrorism
16
Financing Act 2006
, as substituted by this Part, applies in relation to the
17
accessing of, the making of a record of, the authorising of access to, the
18
disclosure of or the use of information on or after the commencement of
19
this item (whether the information came into existence before, on or
20
after that commencement).
21
(4)
The amendments of section 124 of the
Anti-Money Laundering and
22
Counter-Terrorism Financing Act 2006
made by this Part apply in
23
relation to proceedings instituted on or after the commencement of this
24
item.
25
(5)
If:
26
(a) immediately before the commencement of this item, an
27
authorisation is in force under subsection 126(1) of the
28
Anti-Money Laundering and Counter-Terrorism Financing
29
Act 2006
in relation to a designated agency; and
30
(b) on the commencement of this item, the agency is a
31
Commonwealth, State or Territory agency (within the
32
meaning of section 5 of that Act);
33
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Secrecy and access
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No. , 2019
then the authorisation has effect on and after the commencement of this
1
item as if it were an authorisation in force under subsection 125(1) of
2
that Act in relation to that Commonwealth, State or Territory agency.
3
(6)
Subitem (5) does not prevent the variation or revocation of the
4
authorisation on or after the commencement of this item.
5
(7)
Section 126 of the
Anti-Money Laundering and Counter-Terrorism
6
Financing Act 2006
, as substituted by this Part, applies in relation to the
7
making of a record of, the disclosure of or the use of information on or
8
after the commencement of this item (whether the information came
9
into existence before, on or after that commencement).
10
(8)
For the purposes of the operation of section 126 of the
Anti-Money
11
Laundering and Counter-Terrorism Financing Act 2006
, as substituted
12
by this Part,
on or after the commencement of this item, accessed
13
information (within the meaning of subsection 127(4) of that Act as in
14
force immediately before that commencement) obtained by a person
15
before that commencement is taken on and after that commencement to
16
be AUSTRAC information obtained under subsection 126(2) of that
17
Act.
18
(9)
If, at any time before the commencement of this item, a person was
19
covered by subsection 127(1) of the
Anti-Money Laundering and
20
Counter-Terrorism Financing Act 2006
, then, for the purposes of the
21
operation of section 126 of that Act, as substituted by this Part,
on or
22
after that commencement, the person is taken to be a person who is or
23
has been an official of a Commonwealth, State or Territory agency.
24
(10)
Section 127 of the
Anti-Money Laundering and Counter-Terrorism
25
Financing Act 2006
, as substituted by this Part, applies in relation to
26
AUSTRAC information that came into existence before, on or after the
27
commencement of this item.
28
(11)
Section 128 of the
Anti-Money Laundering and Counter-Terrorism
29
Financing Act 2006
, as substituted by this Part, applies in relation to the
30
accessing of information on or after the commencement of this item.
31
(12)
Paragraph 129(1)(a) of the
Anti-Money Laundering and
32
Counter-Terrorism Financing Act 2006
, as substituted by this Part,
33
applies in relation to a disclosure of information on or after the
34
commencement of this item.
35
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41
66 Saving provisions
1
(1)
Sections 121, 122 and 127 of the
Anti-Money Laundering and
2
Counter-Terrorism Financing Act 2006
, as in force immediately before
3
the commencement of this item, continue to apply on and after that
4
commencement in relation to a disclosure of information before that
5
commencement.
6
(2)
Subsections 128(5) to (7) of the
Anti-Money Laundering and
7
Counter-Terrorism Financing Act 2006
, as in force immediately before
8
the commencement of this item, continue to apply on and after that
9
commencement in relation to a disclosure of information before that
10
commencement under paragraph 128(3)(a) of that Act.
11
(3)
Subsections 128(10) to (12) of the
Anti-Money Laundering and
12
Counter-Terrorism Financing Act 2006
, as in force immediately before
13
the commencement of this item, continue to apply on and after that
14
commencement in relation to a disclosure of information before that
15
commencement under subsection 128(8) of that Act.
16
(4)
Section 130 of the
Anti-Money Laundering and Counter-Terrorism
17
Financing Act 2006
, as in force immediately before the commencement
18
of this item, continues to apply on and after that commencement in
19
relation to information obtained under subsection 129(1) or 131(2) of
20
that Act before that commencement.
21
(5)
Subsections 131(4) to (6) of the
Anti-Money Laundering and
22
Counter-Terrorism Financing Act 2006
, as in force immediately before
23
the commencement of this item, continue to apply on and after that
24
commencement in relation to a disclosure of information before that
25
commencement under subsection 131(3) of that Act.
26
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Reports about cross-border movements of monetary instruments
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Anti-Money Laundering and Counter-Terrorism Financing and Other
Legislation Amendment Bill 2019
No. , 2019
Part 5--Reports about cross-border movements of
1
monetary instruments
2
Anti-Money Laundering and Counter-Terrorism Financing
3
Act 2006
4
67 Section 4
5
Omit "physical currency", substitute "monetary instruments".
6
68 Section 4
7
Omit:
8
•
Cross-border movements of bearer negotiable instruments
9
must be reported to the AUSTRAC CEO, a customs officer or
10
a police officer if a customs officer or a police officer requires
11
a person to make such a report.
12
69 Section 5
13
Insert:
14
monetary instrument
means any of the following:
15
(a) physical currency;
16
(b) a bearer negotiable instrument;
17
(c) a thing prescribed by the AML/CTF Rules.
18
monetary instrument
amount
for a monetary instrument means:
19
(a) for physical currency--the amount of the currency; or
20
(b) for a bearer negotiable instrument--the amount payable
21
under the instrument; or
22
(c) for a thing prescribed by the AML/CTF Rules for the
23
purposes of paragraph (c) of the definition of
monetary
24
instrument
in this section--the amount worked out in
25
accordance with the AML/CTF Rules.
26
move
:
27
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Reports about cross-border movements of monetary instruments
Part 5
No. , 2019
Anti-Money Laundering and Counter-Terrorism Financing and Other
Legislation Amendment Bill 2019
43
(a)
move
a monetary instrument into Australia has the meaning
1
given by section 55; and
2
(b)
move
a monetary instrument out of Australia has the meaning
3
given by section 56.
4
70 Section 5
5
Repeal the following definitions:
6
(a) definition of
move physical currency into Australia
;
7
(b) definition of
move physical currency out of Australia
.
8
71 Section 5
9
Insert:
10
non-reportable cross-border movement of monetary instruments
11
means:
12
(a) a movement of one or more monetary instruments into
13
Australia; or
14
(b) a movement of one or more monetary instruments out of
15
Australia;
16
for which a report under section 53 is not required.
17
72 Section 5 (definition of
non-reportable cross-border
18
movement of physical currency
)
19
Repeal the definition.
20
73 Section 5 (definition of
send
)
21
Omit "physical currency", substitute "a monetary instrument".
22
74 Part 4 (heading)
23
Repeal the heading, substitute:
24
Part 4--Reports about cross-border movements of
25
monetary instruments
26
75 Divisions 1 to 3 of Part 4
27
Repeal the Divisions, substitute:
28
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Part 5
Reports about cross-border movements of monetary instruments
44
Anti-Money Laundering and Counter-Terrorism Financing and Other
Legislation Amendment Bill 2019
No. , 2019
Division 1--Simplified outline of this Part
1
52 Simplified outline of this Part
2
•
Cross-border movements of monetary instruments must be
3
reported to the AUSTRAC CEO, a customs officer or a police
4
officer if the total value moved is $10,000 or more.
5
Division 2--Reports about monetary instruments
6
53 Reports about movements of monetary instruments into or out of
7
Australia
8
Offence
9
(1) A person commits an offence if:
10
(a) either:
11
(i) the person moves one or more monetary instruments
12
into Australia; or
13
(ii) the person moves one or more monetary instruments out
14
of Australia; and
15
(b) the sum of the monetary instrument amounts is $10,000 or
16
more; and
17
(c) a report in respect of the movement is not given in
18
accordance with this section.
19
Penalty: Imprisonment for 2 years or 500 penalty units, or both.
20
Civil penalty
21
(2) A person must not:
22
(a) move one or more monetary instruments into Australia; or
23
(b) move one or more monetary instruments out of Australia;
24
if:
25
(c) the sum of the monetary instrument amounts is $10,000 or
26
more; and
27
(d) a report in respect of the movement is not given in
28
accordance with this section.
29
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Part 5
No. , 2019
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Legislation Amendment Bill 2019
45
(3) Subsection (2) is a civil penalty provision.
1
Commercial carriers
2
(4) Subsections (1) and (2) do not apply to a person if:
3
(a) the person is a commercial passenger carrier; and
4
(b) the monetary instruments are in the possession of any of the
5
carrier's passengers.
6
(5) Subsections (1) and (2) do not apply to a person if:
7
(a) the person is a commercial goods carrier; and
8
(b) the monetary instruments are carried on behalf of another
9
person.
10
(6) A person who wishes to rely on subsection (4) or (5) bears an
11
evidential burden in relation to that matter.
12
Requirements for reports under this section
13
(7) A report under this section must:
14
(a) be in the approved form; and
15
(b) contain the information specified in the AML/CTF Rules;
16
and
17
(c) be given to the AUSTRAC CEO, a customs officer or a
18
police officer; and
19
(d) comply with the applicable timing rule in the AML/CTF
20
Rules.
21
Note 1:
For additional rules about reports, see section 244.
22
Note 2:
Division 8 of Part 15 sets out special enforcement powers relating to
23
this section.
24
Note 3:
See also section 18 (translation of foreign currency to Australian
25
currency).
26
54 Reports about receipts of monetary instruments moved into
27
Australia
28
Offence
29
(1) A person commits an offence if:
30
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No. , 2019
(a) the person receives one or more monetary instruments moved
1
into Australia to the person; and
2
(b) at the time of the receipt, the sum of the monetary instrument
3
amounts is $10,000 or more; and
4
(c) a report in respect of the receipt is not given in accordance
5
with this section.
6
Penalty: Imprisonment for 2 years or 500 penalty units, or both.
7
Civil penalty
8
(2) A person must not receive one or more monetary instruments
9
moved into Australia to the person if:
10
(a) at the time of the receipt, the sum of the monetary instrument
11
amounts is $10,000 or more; and
12
(b) a report in respect of the receipt is not given in accordance
13
with this section.
14
(3) Subsection (2) is a civil penalty provision.
15
Requirements for reports under this section
16
(4) A report under this section must:
17
(a) be in the approved form; and
18
(b) contain the information specified in the AML/CTF Rules;
19
and
20
(c) be given to the AUSTRAC CEO, a customs officer or a
21
police officer; and
22
(d) be given before the end of 5 business days beginning on the
23
day of the receipt.
24
Note 1:
For additional rules about reports, see section 244.
25
Note 2:
See also section 18 (translation of foreign currency to Australian
26
currency).
27
55 Movements of monetary instruments into Australia
28
For the purposes of this Act, a person
moves
a monetary instrument
29
into Australia if the person brings or sends the instrument into
30
Australia.
31
Amendments
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Reports about cross-border movements of monetary instruments
Part 5
No. , 2019
Anti-Money Laundering and Counter-Terrorism Financing and Other
Legislation Amendment Bill 2019
47
56 Movements of monetary instruments out of Australia
1
(1) For the purposes of this Act, a person
moves
a monetary instrument
2
out of Australia if the person takes or sends the instrument out of
3
Australia.
4
(2) For the purposes of this Act, if:
5
(a) a person arranges to leave Australia on an aircraft or ship;
6
and
7
(b) either:
8
(i) the person has a monetary instrument in the person's
9
baggage, and the person enters a place at which customs
10
officers examine passports; or
11
(ii) the person takes a monetary instrument into a place at
12
which customs officers examine passports;
13
the person is taken to have
moved
the instrument out of Australia
14
when the person leaves that place.
15
57 Obligations of customs officers and police officers
16
If a customs officer or police officer receives a report under
17
section 53 or 54, the officer must forward it to the AUSTRAC
18
CEO before the end of 5 business days beginning on the day of the
19
receipt.
20
76 Section 143 (heading)
21
Repeal the heading, substitute:
22
143 Conducting transfers to avoid reporting requirements relating
23
to cross-border movements of monetary instruments
24
77 Paragraph 143(1)(a)
25
Repeal the paragraph, substitute:
26
(a) 2 or more non-reportable cross-border movements of
27
monetary instruments are conducted, where each movement
28
was either conducted, or was caused to be conducted, by the
29
first person; and
30
Schedule 1
Amendments
Part 5
Reports about cross-border movements of monetary instruments
48
Anti-Money Laundering and Counter-Terrorism Financing and Other
Legislation Amendment Bill 2019
No. , 2019
78 Paragraph 143(1)(b)
1
Omit "physical currency", substitute "monetary instruments".
2
79 Subsection 143(2)
3
Omit "defendant", substitute "first person".
4
80 Subsection 143(2)
5
Omit "physical currency", substitute "monetary instruments".
6
81 Paragraphs 143(3)(a) and (b)
7
Repeal the paragraphs, substitute:
8
(a) for each movement of the one or more monetary
9
instruments--the sum of the monetary instrument amounts;
10
(b) the total of the amounts applicable under paragraph (a) for
11
the movements;
12
82 Section 173
13
Omit "physical currency and bearer negotiable instruments", substitute
14
"monetary instruments".
15
83 Section 173
16
Omit "physical currency or bearer negotiable instruments", substitute
17
"monetary instruments".
18
84 Paragraphs 184(1A)(a) and (b)
19
Repeal the paragraphs, substitute:
20
(a) subsection 53(2) (which deals with reports about movements
21
of monetary instruments);
22
85 At the end of subsection 185(1)
23
Add:
24
Note:
See sections 186A and 186B for the penalty to be specified in the
25
infringement notice.
26
86 Section 186
27
Repeal the section.
28
Amendments
Schedule 1
Reports about cross-border movements of monetary instruments
Part 5
No. , 2019
Anti-Money Laundering and Counter-Terrorism Financing and Other
Legislation Amendment Bill 2019
49
87 Section 186A (heading)
1
Repeal the heading, substitute:
2
186A Amount of penalty--breaches of certain provisions of Part 3A,
3
4, 6 or 6A
4
88 Subsection 186A(1)
5
Omit "subsection 74(1), (1A), (1B), or (1C) or 75M(1) (a
Part 6
6
infringement notice provision
), subsection 76A(1) or (2) or 76P(1) (a
7
Part 6A infringement notice provision
) or subsection 51B(1) or 51F(1)
8
(a
Part 3A infringement notice provision
)", substitute
9
"subsection 51B(1), 51F(1), 53(2), 74(1), (1A), (1B) or (1C), 75M(1),
10
76A(1) or (2) or 76P(1)".
11
89 Subsection 186A(2)
12
Omit "a Part 6 infringement notice provision, a Part 6A infringement
13
notice provision or a Part 3A infringement notice provision", substitute
14
"subsection 51B(1), 51F(1), 53(2), 74(1), (1A), (1B) or (1C), 75M(1),
15
76A(1) or (2) or 76P(1)".
16
90 Paragraph 186A(3)(a)
17
Repeal the paragraph, substitute:
18
(a) specify one or more kinds of alleged contraventions; and
19
91 Paragraph 186A(3)(b)
20
Omit "set out in the AML/CTF Rules".
21
92 Paragraphs 186A(4)(a) and (b)
22
Repeal the paragraphs, substitute:
23
(a) whether an alleged contravention is one of a number of
24
alleged contraventions of a provision covered by
25
subsection (1) or (2) that is specified in a particular
26
infringement notice;
27
(b) whether a person alleged to have contravened one or more
28
provisions covered by subsection (1) or (2) has previously
29
been given an infringement notice in relation to an alleged
30
contravention of one or more of those provisions.
31
Schedule 1
Amendments
Part 5
Reports about cross-border movements of monetary instruments
50
Anti-Money Laundering and Counter-Terrorism Financing and Other
Legislation Amendment Bill 2019
No. , 2019
93 Subparagraphs 189(b)(i) and (c)(i)
1
Omit "or 59(3)".
2
94 Division 8 of Part 15 (heading)
3
Repeal the heading, substitute:
4
Division 8--Powers of questioning, search and arrest for
5
cross-border movements of monetary
6
instruments
7
95 Section 199 (heading)
8
Repeal the heading, substitute:
9
199 Questioning and search powers in relation to monetary
10
instruments
11
96 Paragraph 199(1)(c)
12
Omit "Australian currency or foreign currency", substitute "monetary
13
instruments".
14
97 Paragraph 199(1)(d)
15
Omit "total amount of any Australian currency or foreign currency",
16
substitute "sum of the monetary instrument amounts for the monetary
17
instruments".
18
98 Paragraphs 199(1)(e) and (f)
19
Omit "Australian currency or foreign currency", substitute "monetary
20
instruments".
21
99 Paragraph 199(2)(a)
22
Omit "Australian currency or foreign currency", substitute "monetary
23
instruments".
24
100 Paragraph 199(2)(b)
25
Omit "total amount of any Australian currency or foreign currency",
26
substitute "sum of the monetary instrument amounts for the monetary
27
instruments".
28
Amendments
Schedule 1
Reports about cross-border movements of monetary instruments
Part 5
No. , 2019
Anti-Money Laundering and Counter-Terrorism Financing and Other
Legislation Amendment Bill 2019
51
101 Paragraphs 199(2)(c) and (d)
1
Omit "Australian currency or foreign currency", substitute "monetary
2
instruments".
3
102 After subsection 199(2)
4
Insert:
5
Officer may copy bearer negotiable instruments
6
(2AA) If a person produces to a police officer or a customs officer under
7
paragraph (1)(f) or (2)(d):
8
(a) a bearer negotiable instrument; or
9
(b) a thing prescribed by the AML/CTF Rules for the purposes
10
of paragraph (c) of the definition of
monetary instrument
in
11
section 5 that is able to be copied;
12
the officer may make a copy of the instrument or thing. Once
13
copied, the officer must return the instrument or thing to the
14
person.
15
103 Subsection 199(2A) (heading)
16
Repeal the heading, substitute:
17
Person leaving or arriving in Australia--seizing monetary
18
instrument
19
104 Subsection 199(2A)
20
Omit "seize physical currency", substitute "seize a monetary
21
instrument".
22
105 Paragraphs 199(2A)(a) and (b)
23
Omit "physical currency", substitute "monetary instrument".
24
106 Subparagraphs 199(3)(b)(i) and (ii)
25
Omit "physical currency", substitute "monetary instrument".
26
107 Subparagraphs 199(4)(d)(i) and (ii)
27
Omit "physical currency", substitute "a monetary instrument".
28
Schedule 1
Amendments
Part 5
Reports about cross-border movements of monetary instruments
52
Anti-Money Laundering and Counter-Terrorism Financing and Other
Legislation Amendment Bill 2019
No. , 2019
108 Subsection 199(5)
1
Omit "seize physical currency", substitute "seize a monetary
2
instrument".
3
109 Paragraphs 199(5)(a) and (b)
4
Omit "physical currency", substitute "monetary instrument".
5
110 Paragraphs 199(8)(c) and (d) and (9)(c) and (d)
6
Omit "physical currency", substitute "monetary instrument".
7
111 Subsection 199(10)
8
Omit "seize physical currency", substitute "seize a monetary
9
instrument".
10
112 Paragraphs 199(10)(a) and (b)
11
Omit "physical currency", substitute "monetary instrument".
12
113 Subsection 199(14) (heading)
13
Repeal the heading, substitute:
14
Monetary instrument of interest
15
114 Subsection 199(14)
16
Omit "physical currency may be of interest if the physical currency",
17
substitute "a monetary instrument may be of interest if the monetary
18
instrument".
19
115 Section 200
20
Repeal the section.
21
116 Subsection 201(1)
22
Omit "or 59(3)".
23
117 Subsection 244(1)
24
Omit ", 55 or 59", substitute "or 54".
25
Amendments
Schedule 1
Reports about cross-border movements of monetary instruments
Part 5
No. , 2019
Anti-Money Laundering and Counter-Terrorism Financing and Other
Legislation Amendment Bill 2019
53
118 Subclause 1(4) of Schedule 1
1
Repeal the subclause, substitute:
2
Cross-border movements of bearer negotiable instruments
3
(4) Division 2 of Part 4 and section 199, so far as they relate to a
4
monetary instrument that is a bearer negotiable instrument, also
5
have the effect they would have if they were, by express provision,
6
confined to a bearer negotiable instrument that is:
7
(a) a bill of exchange; or
8
(b) a promissory note.
9
Proceeds of Crime Act 2002
10
119 Subsection 29(3)
11
Omit "59,", substitute "former section 59 or section".
12
120 Section 338 (subparagraph (ea)(i) of the definition of
13
serious offence
)
14
Omit "physical currency", substitute "monetary instruments".
15
121 Section 338 (subparagraph (ea)(ii) of the definition of
16
serious offence
)
17
Omit "section 59", substitute "former section 59".
18
Surveillance Devices Act 2004
19
122 Subsection 6(1) (paragraph (ca) of the definition of
20
relevant offence
)
21
Omit "59,", substitute "former section 59 or section".
22
123 Application, saving and transitional provisions
23
(1)
Division 2 of Part 4 of the
Anti-Money Laundering and
24
Counter-Terrorism Financing Act 2006
, as substituted by this Part,
25
applies in relation to the movement of a monetary instrument into or out
26
of Australia on or after the commencement of this item.
27
Schedule 1
Amendments
Part 5
Reports about cross-border movements of monetary instruments
54
Anti-Money Laundering and Counter-Terrorism Financing and Other
Legislation Amendment Bill 2019
No. , 2019
(2)
Division 2 of Part 4 of the
Anti-Money Laundering and
1
Counter-Terrorism Financing Act 2006
, as in force immediately before
2
the commencement of this item, continues to apply on and after that
3
commencement in relation to physical currency moved into or out of
4
Australia before that commencement.
5
(3)
Division 3 of Part 4, and sections 201 and 244, of the
Anti-Money
6
Laundering and Counter-Terrorism Financing Act 2006
, as in force
7
immediately before the commencement of this item, continue to apply
8
on and after that commencement in relation to a requirement made
9
under subsection 59(1) of that Act before that commencement.
10
(4)
Section 143 of the
Anti-Money Laundering and Counter-Terrorism
11
Financing Act 2006
, as in force immediately before the commencement
12
of this item, continues to apply on and after that commencement in
13
relation to non-reportable cross-border movements of physical currency
14
that occurred before that commencement.
15
(5)
For the purposes of the operation of section 143 of the
Anti-Money
16
Laundering and Counter-Terrorism Financing Act 2006
on or after the
17
commencement of this item, a non-reportable cross-border movement
18
of physical currency that occurred before the commencement of this
19
item is taken on and after that commencement to have been a
20
non-reportable cross-border movement of monetary instruments.
21
(6)
The amendments of section 186A of the
Anti-Money Laundering and
22
Counter-Terrorism Financing Act 2006
made by this Part apply in
23
relation to an alleged contravention of a provision covered by
24
subsection 186A(1) or (2) of that Act occurring on or after the
25
commencement of this item.
26
(7)
Division 3 of Part 15 of the
Anti-Money Laundering and
27
Counter-Terrorism Financing Act 2006
, as in force immediately before
28
the commencement of this item, continues to apply on and after that
29
commencement in relation to an alleged contravention of
30
subsection 53(3) or 59(4) of that Act occurring before that
31
commencement.
32
(8)
The amendments of section 199 of the
Anti-Money Laundering and
33
Counter-Terrorism Financing Act 2006
made by this Part apply in
34
relation to a person who on or after the commencement of this item:
35
Amendments
Schedule 1
Reports about cross-border movements of monetary instruments
Part 5
No. , 2019
Anti-Money Laundering and Counter-Terrorism Financing and Other
Legislation Amendment Bill 2019
55
(a) is about to leave Australia or is in an embarkation area for the
1
purpose of leaving Australia; or
2
(b) arrives in Australia.
3
(9)
Section 200 of the
Anti-Money Laundering and Counter-Terrorism
4
Financing Act 2006
, as in force immediately before the commencement
5
of this item, continues to apply on and after that commencement in
6
relation to a person who before that commencement:
7
(a) was about to leave Australia or was in an embarkation area
8
for the purpose of leaving Australia; or
9
(b) arrived in Australia.
10
Schedule 1
Amendments
Part 6
Money laundering offences in the Criminal Code
56
Anti-Money Laundering and Counter-Terrorism Financing and Other
Legislation Amendment Bill 2019
No. , 2019
Part 6--Money laundering offences in the Criminal
1
Code
2
Criminal Code Act 1995
3
124 Subsection 400.2A(2) of the
Criminal Code
4
Repeal the subsection, substitute:
5
(2) Those sections apply if either or both of the following apply:
6
(a) a circumstance described in subsection (3) exists;
7
(b) a circumstance described in subsection (4) exists.
8
125 After section 400.10 of the
Criminal Code
9
Insert:
10
400.10A Effect of money or property being provided as part of a
11
controlled operation
12
(1) In a prosecution for an offence by a person against section 400.3,
13
400.4, 400.5, 400.6, 400.7 or 400.8 in relation to the person dealing
14
with money or other property, it is not necessary to prove that the
15
money or property is proceeds of crime if it is proved that, as part
16
of a controlled operation in relation to suspected offences against
17
this Division, either of the following provided the money or
18
property:
19
(a) a law enforcement participant in the controlled operation;
20
(b) a civilian participant in the controlled operation, acting in
21
accordance with the instructions of a law enforcement
22
officer.
23
(2) In this section:
24
civilian participant
in a controlled operation has the meaning
25
given by Part IAB of the
Crimes Act 1914
.
26
controlled operation
has the meaning given by Part IAB of the
27
Crimes Act 1914
.
28
Amendments
Schedule 1
Money laundering offences in the Criminal Code
Part 6
No. , 2019
Anti-Money Laundering and Counter-Terrorism Financing and Other
Legislation Amendment Bill 2019
57
law enforcement officer
has the meaning given by subsection 3(1)
1
of the
Crimes Act 1914
.
2
law enforcement participant
in a controlled operation has the
3
meaning given by Part IAB of the
Crimes Act 1914
.
4
126 Application and transitional provisions
5
(1)
The repeal and substitution of subsection 400.2A(2) of the
Criminal
6
Code
made by this Part does not, by implication, affect the
7
interpretation of that subsection as in force before the commencement
8
of this item.
9
(2)
Section 400.10A of the
Criminal Code
, as inserted by this Part, applies
10
in relation to dealings with money or other property on or after the
11
commencement of this item.
12
Schedule 1
Amendments
Part 7
Dishonestly representing conferral of police awards
58
Anti-Money Laundering and Counter-Terrorism Financing and Other
Legislation Amendment Bill 2019
No. , 2019
Part 7--Dishonestly representing conferral of police
1
awards
2
Australian Federal Police Act 1979
3
127 After section 61
4
Insert:
5
62 Dishonestly representing conferral of police awards
6
(1) A person commits an offence if the person dishonestly represents
7
that a police award has been conferred on the person.
8
Penalty: Imprisonment for 6 months.
9
Police award
10
(2) For the purposes of this section, a
police award
is an award,
11
commendation, citation, medal or other decoration (however
12
described) that has been or may be conferred on the Commissioner
13
or an AFP appointee for police services that are provided by the
14
Commissioner or AFP appointee.
15
Dishonesty
16
(3) For the purposes of this section,
dishonest
means:
17
(a) dishonest according to the standards of ordinary people; and
18
(b) known by the defendant to be dishonest according to the
19
standards of ordinary people.
20
(4) In a prosecution for an offence against this section, the
21
determination of dishonesty is a matter for the trier of fact.
22