Commonwealth Numbered Acts Commonwealth Numbered ActsAnti-Money Laundering and Counter-Terrorism Financing Act 2006
1 Section 5 (definition of AAT reviewable decision )
Repeal the definition.
2 Section 5 (after paragraph (h) of the definition of designated agency )
Insert:
(ha) the Clean Energy Regulator; or
3 Section 5 (after paragraph (u) of the definition of designated agency )
Insert:
(ua) the Integrity Commission of Tasmania; or
4 Section 5 (definition of reviewable decision )
Repeal the definition, substitute:
"reviewable decision" has the meaning given by section 233B.
5 Section 73
Omit:
• Division 4 provides for review of decisions.
6 At the end of subsection 75B(6)
Add:
Note: A deemed decision not to register the person is reviewable (see Part 17A).
7 At the end of subsection 75C(2)
Add:
Note: A decision not to register the person is reviewable (see Part 17A).
8 Subsection 75C(5) (note)
Repeal the note.
9 At the end of subsection 75E(1)
Add:
Note: A decision to impose a condition is reviewable (see Part 17A).
10 At the end of subsection 75G(1)
Add:
Note: A decision to cancel a registration is reviewable (see Part 17A).
11 Subsection 75G(2)
Omit "subsection 75R(1)", substitute "subsection 233C(1)".
12 Division 4 of Part 6 (heading)
Repeal the heading.
13 Subsection 75Q(1)
Omit "reviewable decision in relation to a person", substitute "reviewable decision under section 75C, 75E or 75G in relation to one or more persons".
14 Subsection 75Q(1)
Omit "the person", substitute "each of the persons".
15 At the end of subsection 75Q(1)
Add:
Note: An example of a reviewable decision relating to 2 persons is a decision refusing to register a person as a remittance affiliate of a registered remittance network provider, if the provider applied under subsection 75B(2) for that person to be so registered.
16 Sections 75R and 75S
Repeal the sections.
17 After subsection 123(7)
Insert:
(7AA) A reporting entity to whom information has been disclosed under subsection (7) must not disclose the information unless:
(a) the disclosure is made to another reporting entity that belongs to the designated business group; and
(b) the disclosure is made for the purpose of informing the other reporting entity about the risks involved in dealing with the customer.
18 After subsection 123(7A)
Insert:
(7B) A reporting entity to whom information has been disclosed under subsection (7A) must not disclose the information to another person.
19 Paragraph 123(11)(a)
After "(5A)", insert ", (7AA), (7B)".
20 Paragraph 130(3)(a)
Repeal the paragraph, substitute:
(a) the disclosure:
(i) is for the purposes of, or in connection with, the performance of the official's duties in connection with the investigation or proposed investigation concerned; and
(ii) is to a person who has given a written undertaking as set out in subsection (3AA) to the entrusted Commonwealth agency official about the information;
21 After subsection 130(3)
Insert:
(3AA) The undertaking is that the recipient and its officials (if any) will comply with the Information Privacy Principles set out in section 14 of the Privacy Act 1988 in respect of AUSTRAC information obtained under paragraph (3)(a).
22 Paragraph 136(1)(c)
Repeal the paragraph, substitute:
(c) the information is given, or purportedly given, under:
(i) this Act; or
(ii) a provision of the regulations or of the AML/CTF Rules, if the regulations or Rules (as applicable) state that this section applies to that provision.
23 Paragraph 137(1)(c)
Repeal the paragraph, substitute:
(c) the document is produced, or purportedly produced, under:
(i) this Act; or
(ii) a provision of the regulations or of the AML/CTF Rules, if the regulations or Rules (as applicable) state that this section applies to that provision.
24 After subsection 139(2)
Insert:
(2A) Paragraph (1)(c) does not apply to a false customer name if the customer's use of that name is justified, or excused, by or under a law.
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code ).
25 Subsection 145(1)
Repeal the subsection, substitute:
(1) The AUSTRAC CEO may, in writing, appoint as an authorised officer for the purposes of this Act:
(a) a member of the staff of AUSTRAC; or
(b) a person whose services are made available to the AUSTRAC CEO under subsection 225(3), other than a person covered by paragraph 225(3)(g).
Note: For revocation, see subsection 33(3) of the Acts Interpretation Act 1901 .
26 At the end of subsection 161(2)
Add:
Note: The AUSTRAC CEO's decisions under this subsection are reviewable (see Part 17A).
27 Section 164A
Repeal the section.
28 At the end of subsection 191(2)
Add:
Note: A decision to give a direction is reviewable (see Part 17A).
29 Section 191A
Repeal the section.
30 At the end of paragraph 225(3)(f)
Add "or".
31 After paragraph 225(3)(f)
Insert:
(g) by persons with suitable qualifications and experience who are officers, or employees, of some other body or organisation (whether located within or outside Australia);
32 After Part 17
Insert:
Part 17A -- Review of decisions
The following is a simplified outline of this Part:
• Certain decisions of delegates of the AUSTRAC CEO may be reviewed by the Administrative Appeals Tribunal following a process of internal reconsideration by the AUSTRAC CEO.
• Certain decisions of the AUSTRAC CEO may be reviewed by the Administrative Appeals Tribunal.
For the purposes of this Act, each of the following decisions of the AUSTRAC CEO is a reviewable decision :
|
Reviewable decisions |
|
|
Item |
Decision |
|
1 |
A decision under subsection 75B(6) or section 75C to refuse to register a person as: (a) a remittance network provider; or (b) an independent remittance dealer; or (c) a remittance affiliate of a registered remittance network provider. |
|
2 |
A decision under section 75E to impose conditions to which a person's registration is subject. |
|
3 |
A decision under section 75G to cancel a person's registration. |
|
4 |
A decision under subsection 161(2) to require certain things of a reporting entity. |
|
5 |
A decision under subparagraph 161(2)(d)(ii) not to allow a longer period. |
|
6 |
A decision under subsection 191(2) to give a reporting entity a direction. |
233C Giving notice of reviewable decisions
(1) The AUSTRAC CEO must, as soon as practicable after a reviewable decision is made in relation to one or more persons, give a written notice to each of the persons containing:
(a) the terms of the decision; and
(b) for a decision under section 75G to cancel a person's registration--the date the cancellation takes effect; and
(c) the reasons for the decision; and
(d) a statement setting out particulars of the persons' right to have the decision reviewed under this Part.
Note: An example of a reviewable decision made in relation to 2 persons is a decision refusing to register a person as a remittance affiliate of a registered remittance network provider, if the provider applied under subsection 75B(2) for that person to be so registered.
(2) Subsection (1) does not apply to reviewable decisions taken to be made because of the operation of subsection 75B(6) (about deemed refusal).
233D Applications for reconsideration of decisions made by delegates of the AUSTRAC CEO
(1) This section applies to a reviewable decision if the decision is made by a delegate of the AUSTRAC CEO.
Note: Reviewable decisions made by the AUSTRAC CEO personally may be reviewed by the Administrative Appeals Tribunal (see paragraph 233F(b)).
(2) A person affected by a reviewable decision who is dissatisfied with the decision may apply to the AUSTRAC CEO for the decision to be reconsidered.
(3) The application must:
(a) be in the approved form; and
(b) contain the information required by the AML/CTF Rules; and
(c) be made within:
(i) 30 days after the applicant is informed of the decision; or
(ii) such longer period as the AUSTRAC CEO (whether before or after the end of the 30 day period) allows.
(4) An approved form of an application may provide for verification by statutory declaration of statements in applications.
233E Reconsideration of reviewable decisions
(1) Upon receiving an application under section 233D, the AUSTRAC CEO must reconsider the reviewable decision.
(2) The AUSTRAC CEO must:
(a) affirm, vary or revoke the reviewable decision; and
(b) if the AUSTRAC CEO revokes the reviewable decision, make such other decision (if any) as the AUSTRAC CEO thinks appropriate.
(3) The AUSTRAC CEO's reconsideration must be done by the AUSTRAC CEO personally, or by a person to whom the AUSTRAC CEO's power under this section is delegated who:
(a) was not involved in making the reviewable decision; and
(b) occupies a position in AUSTRAC that is senior to that occupied by any person involved in making the reviewable decision.
(4) The AUSTRAC CEO must, as soon as practicable after making a decision under subsection (2), give written notice to the applicant of:
(a) the decision; and
(b) if the decision is to cancel a person's registration--the date the cancellation takes effect; and
(c) the reasons for the decision; and
(d) a statement setting out particulars of the applicant's right to have the decision reviewed by the Administrative Appeals Tribunal.
(5) A decision of the AUSTRAC CEO under subsection (2) has effect (except for the purposes of section 233B) as if it were made under the provision under which the reviewable decision was made.
233F Review by the Administrative Appeals Tribunal
An application may be made to the Administrative Appeals Tribunal for review of:
(a) a decision of the AUSTRAC CEO under subsection 233E(2); or
(b) a reviewable decision made by the AUSTRAC CEO personally.
233G Failure to comply does not affect validity
A failure to comply with subsection 233C(1) or 233E(4) (about giving notice) in relation to a decision does not affect the validity of the decision.
33 Application and transitional provisions
Pending reviews
(1) Despite the repeals and amendments of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 made by this Part, the old law continues to apply, in relation to each of the following:
(a) a reviewable decision made, or proposed to be made, before the commencement day;
(b) a decision of the AUSTRAC CEO under section 161 or 191 of that Act made before the commencement day;
as if those repeals and amendments had not happened.
Note: A consequence of paragraph (a) is that the old law also applies in relation to AAT reviewable decisions made after the commencement day in relation to reviewable decisions made, or proposed to be made, before the commencement day.
Secondary disclosures
(2) Subsections 123(7AA) and (7B), and paragraph 130(3)(a), of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (as inserted by this Part) apply in relation to information obtained before, on or after the commencement day.
Existing appointments of authorised officers
(3) If an appointment under subsection 145(1) of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 was in force immediately before the commencement day, the appointment has effect, on and after the commencement day, as if it had been made under that subsection as amended by this Part.
Definitions
(4) In this item:
commencement day means the day this item commences.
old law means section 5, Part 6, Division 7 of Part 13 and Division 5 of Part 15 of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 , as in force immediately before the commencement day.
reviewable decision means a reviewable decision within the meaning of the old law.
Anti-Money Laundering and Counter-Terrorism Financing Act 2006
34 Subsection 130(3AA)
Omit "Information Privacy Principles set out in section 14 of the Privacy Act 1988 ", substitute "Australian Privacy Principles".
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