Commonwealth Consolidated Regulations

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AUTONOMOUS SANCTIONS REGULATIONS 2011 - REG 23

Request to AFP for help

  (1)   A person who holds an asset that the person suspects is, or may be, a controlled asset may request the AFP to help the person determine whether or not the asset is owned or controlled by a designated person or entity.

  (2)   The request must be accompanied by:

  (a)   details of the asset; and

  (b)   as much information about the asset (including information about the owner or controller of the asset) as is known to the person making the request.

  (3)   The AFP must use its best endeavours to help a person who has made a request under subregulation   (1).

  (4)   As soon as practicable after receiving a request under subregulation   (1), the AFP must respond in writing.

  (5)   The response must state whether the AFP considers that:

  (a)   it is likely that the asset is owned or controlled by a designated person or entity; or

  (b)   it is unlikely that the asset is owned or controlled by a designated person or entity; or

  (c)   it is unknown whether the asset is owned or controlled by a designated person or entity.

Note:   These Regulations do not limit the obligation of:

(a)   a cash dealer under section   16 of the Financial Transaction Reports Act   1988 to report a suspicious transaction; or

(b)   a reporting entity under the Anti - Money Laundering and Counter - Terrorism Financing Act 2006 .


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