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ANTI-MONEY LAUNDERING AND COUNTER-TERRORISM FINANCING ACT 2006 (NO. 169, 2006) - SECT 132

Communication of AUSTRAC information to a foreign country etc.

Foreign country

             (1)  The AUSTRAC CEO may communicate AUSTRAC information to the government of a foreign country if the AUSTRAC CEO is satisfied that:

                     (a)  the government of the foreign country has given appropriate undertakings for:

                              (i)  protecting the confidentiality of the information; and

                             (ii)  controlling the use that will be made of it; and

                            (iii)  ensuring that the information will be used only for the purpose for which it is communicated to the government of the foreign country; and

                     (b)  it is appropriate, in all the circumstances of the case, to communicate the information to the government of the foreign country.

Foreign law enforcement agency--access by Commissioner of the Australian Federal Police to AUSTRAC information

             (2)  The AUSTRAC CEO may, in writing, authorise the Commissioner of the Australian Federal Police to have access to AUSTRAC information for the purposes of communicating the information to a foreign law enforcement agency under subsection (3).

Note:          For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901 .

When the Commissioner of the Australian Federal Police may communicate AUSTRAC information to a foreign law enforcement agency

             (3)  The Commissioner of the Australian Federal Police may communicate AUSTRAC information to a foreign law enforcement agency if the Commissioner is satisfied that:

                     (a)  the foreign law enforcement agency has given appropriate undertakings for:

                              (i)  protecting the confidentiality of the information; and

                             (ii)  controlling the use that will be made of it; and

                            (iii)  ensuring that the information will be used only for the purpose for which it is communicated to the foreign law enforcement agency; and

                     (b)  it is appropriate, in all the circumstances of the case, to do so.

             (4)  The Commissioner of the Australian Federal Police may, in writing, authorise a member of the Australian Federal Police to access the AUSTRAC information and communicate it to the foreign law enforcement agency on behalf of the Commissioner.

Note:          For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901 .

Foreign law enforcement agency--access by Chief Executive Officer of the Australian Crime Commission to AUSTRAC information

             (5)  The AUSTRAC CEO may, in writing, authorise the Chief Executive Officer of the Australian Crime Commission to have access to AUSTRAC information for the purposes of communicating the information to a foreign law enforcement agency under subsection (6).

Note:          For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901 .

When the Chief Executive Officer of the Australian Crime Commission may communicate AUSTRAC information to a foreign law enforcement agency

             (6)  The Chief Executive Officer of the Australian Crime Commission may communicate AUSTRAC information to a foreign law enforcement agency if the Chief Executive Officer of the Australian Crime Commission is satisfied that:

                     (a)  the foreign law enforcement agency has given appropriate undertakings for:

                              (i)  protecting the confidentiality of the information; and

                             (ii)  controlling the use that will be made of it; and

                            (iii)  ensuring that the information will be used only for the purpose for which it is communicated to the foreign law enforcement agency; and

                     (b)  it is appropriate, in all the circumstances of the case, to do so.

             (7)  The Chief Executive Officer of the Australian Crime Commission may, in writing, authorise a member of the staff of the Australian Crime Commission to access the AUSTRAC information and communicate it to the foreign law enforcement agency on behalf of the Chief Executive Officer of the Australian Crime Commission.

Note:          For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901 .



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