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ANTI-MONEY LAUNDERING AND COUNTER-TERRORISM FINANCING ACT 2006 - SECT 202

Notices to reporting entities

  (1)   Each of the following persons is authorised to give notices under this section:

  (a)   the AUSTRAC CEO;

  (b)   an authorised officer;

  (c)   the Commissioner of the Australian Federal Police;

  (d)   a Deputy Commissioner of the Australian Federal Police;

  (e)   a senior executive AFP employee (within the meaning of the Australian Federal Police Act 1979 ) who is:

  (i)   a member of the Australian Federal Police; and

  (ii)   authorised in writing by the Commissioner of the Australian Federal Police for the purposes of this section;

  (f)   the Chief Executive Officer of the Australian Crime Commission;

  (g)   an examiner of the Australian Crime Commission;

  (h)   an approved examiner (within the meaning of the Proceeds of Crime Act 2002 ).

  (2)   If a person authorised by subsection   (1) believes on reasonable grounds that another person is a reporting entity, the authorised person may give a written notice to the other person requiring the other person to give the authorised person any information, or produce to the authorised person any documents, relevant to any or all of the following:

  (a)   determining whether the other person provides designated services at or through a permanent establishment of the other person in Australia;

  (b)   ascertaining details relating to any permanent establishment in Australia at or through which the other person provides designated services;

  (c)   ascertaining details relating to designated services provided by the other person at or through a permanent establishment of the other person in Australia.

  (3)   A person must not give a notice under subsection   (2) unless the person reasonably believes that giving the notice is required:

  (a)   to determine whether to take any action under this Act; or

  (b)   in relation to proceedings under this Act.

  (4)   A person must comply with a notice given to the person under subsection   (2).


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