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ANTI-MONEY LAUNDERING AND COUNTER-TERRORISM FINANCING ACT 2006 - SECT 167

Authorised officer may obtain information and documents

Scope

  (1)   This section applies to a person if an authorised officer believes on reasonable grounds that:

  (a)   any of the following subparagraphs applies:

  (i)   the person is or has been a reporting entity;

  (ii)   the person is or has been an officer, employee or agent of a reporting entity;

  (iii)   the person's name is or has been entered on the Remittance Sector Register; and

  (b)   the person has information or a document that is relevant to the operation of this Act, the regulations or the AML/CTF Rules.

Requirement

  (2)   The authorised officer may, by written notice given to the person, require the person:

  (a)   to give to the authorised officer, within the period and in the manner specified in the notice, any such information; or

  (b)   to produce to the authorised officer, within the period and in the manner specified in the notice, any such documents; or

  (c)   to make copies of any such documents and to produce to the authorised officer, within the period and in the manner specified in the notice, those copies.

Offence

  (3)   A person commits an offence if:

  (a)   the person has been given a notice under subsection   (2); and

  (b)   the person omits to do an act; and

  (c)   the omission contravenes a requirement in the notice.

Penalty:   Imprisonment for 6 months or 30 penalty units, or both.

Notice to set out the effect of offence provisions

  (4)   A notice under subsection   (2) must set out the effect of the following provisions:

  (a)   subsection   (3);

  (b)   section   136;

  (c)   section   137.

Note 1:   Section   136 is about giving false or misleading information.

Note 2:   Section   137 is about producing false or misleading documents.


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