Commonwealth Numbered Acts Commonwealth Numbered Acts
Anti-Money Laundering and Counter-Terrorism Financing Act 2006
1 Section 5
Insert:
"Defence Department" means the Department administered by the Defence Minister.
2 Section 5
Insert:
"defence intelligence agency" means DIGO, DIO or DSD.
3 Section 5
Insert:
"Defence Minister" means the Minister responsible for administering the Defence Act 1903 .
4 Section 5
Insert:
"Department of Foreign Affairs and Trade" means the Department administered by the Foreign Affairs Minister.
5 Section 5 (after paragraph (k) of the definition of designated agency )
Insert:
(ka) the Department of Foreign Affairs and Trade; or
6 Section 5 (after paragraph (ga) of the definition of designated agency )
Insert:
(gb) DIGO; or
(gc) DIO; or
(gd) DSD; or
(ge) ONA; or
7 Section 5
Insert:
"DIGO" means that part of the Department of Defence known as the Defence Imagery and Geospatial Organisation, and includes any part of the Defence Force that performs functions on behalf of that part of the Department.
8 Section 5
Insert:
"DIO" means that part of the Department of Defence known as the Defence Intelligence Organisation, and includes any part of the Defence Force that performs functions on behalf of that part of the Department.
9 Section 5
Insert:
"DSD" means that part of the Department of Defence known as the Defence Signals Directorate, and includes any part of the Defence Force that performs functions on behalf of that part of the Department.
10 Section 5
Insert:
"Foreign Affairs Minister" means the Minister responsible for administering the Diplomatic Privileges and Immunities Act 1967 .
11 Section 5
Insert:
"ONA" means the Office of National Assessments established by the Office of National Assessments Act 1977 .
12 Paragraph 127(3)(b)
Omit "or 133A", insert ", 133A, 133B or 133C".
13 Subsection 127(4)
Omit all the words from and including "under", substitute:
under any of the following provisions:
(a) subsection 125(4);
(b) section 126;
(c) subsection 128(1) or (2);
(d) subsection 132(2), (4), (5) or (7);
(e) subsection 133(2) or 133A(2);
(f) section 133B or 133C.
14 After subsection 128(13A)
Insert:
Defence intelligence officials
(13B) The following provisions have effect:
(a) an official of a defence intelligence agency may disclose AUSTRAC information to an IGIS official for the purposes of, or in connection with, the performance of the IGIS official's duties in relation to the defence intelligence agency or employees of the defence intelligence agency;
(b) an official of a defence intelligence agency may disclose AUSTRAC information to the Defence Minister if the disclosure is for the purposes of, or in connection with, the performance of the Defence Minister's responsibilities in relation to the defence intelligence agency;
(c) an official of a defence intelligence agency may disclose AUSTRAC information to the Minister responsible for the administration of the Telecommunications (Interception and Access) Act 1979 if the disclosure is for the purposes of, or in connection with, the performance of that Minister's functions under that Act;
(d) an official of DIGO or DSD may disclose AUSTRAC information to a Minister who, under section 9A of the Intelligence Services Act 2001 , is empowered to issue an authorisation to DIGO or DSD, if the disclosure is for the purposes of, or in connection with, the exercise of that power.
ONA officials
(13C) The following provisions have effect:
(a) an official of ONA may disclose AUSTRAC information to an IGIS official for the purposes of, or in connection with, the performance of the IGIS official's duties in relation to ONA or employees of ONA;
(b) an official of ONA may disclose AUSTRAC information to the Minister responsible for the administration of the Telecommunications (Interception and Access) Act 1979 if the disclosure is for the purposes of, or in connection with, the performance of that Minister's functions under that Act;
(c) an official of ONA may disclose AUSTRAC information to the Prime Minister if the disclosure is for the purposes of, or in connection with, the performance of the Prime Minister's responsibilities in relation to ONA.
(13D) Subsections (13B) and (13C) do not limit the generality of any other provision of this section.
15 Paragraphs 128(19)(a), (b), (ba), (d), (e), (ea) and (g)
Repeal the paragraphs, substitute:
(a) disclose AUSTRAC information to another IGIS official for the purposes of, or in connection with, the performance of that official's duties in relation to the following designated agencies, or employees of the following designated agencies:
(i) ASIO;
(ii) ASIS;
(iii) a defence intelligence agency;
(iv) ONA;
(v) any other Commonwealth agency (within the meaning of the Inspector-General of Intelligence and Security Act 1986 ); or
(b) disclose AUSTRAC information by means of including the information in a draft report, or a report, under Division 4 of the Inspector-General of Intelligence and Security Act 1986 ; or
(c) disclose AUSTRAC information under section 23 of the Inspector-General of Intelligence and Security Act 1986 ; or
16 At the end of Subdivision D of Division 4 of Part 11
Add:
(1) The Director of a defence intelligence agency may communicate AUSTRAC information to a foreign intelligence agency if the Director is satisfied that:
(a) the foreign intelligence 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 country; and
(b) it is appropriate, in all the circumstances of the case, to do so.
(2) The Director of a defence intelligence agency may, in writing, authorise an official of the defence intelligence agency to access the AUSTRAC information and communicate it to the foreign intelligence agency on the Director's behalf.
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901 .
(1) The Director-General of ONA may communicate AUSTRAC information to a foreign intelligence agency if the Director-General is satisfied that:
(a) the foreign intelligence 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 country; and
(b) it is appropriate, in all the circumstances of the case, to do so.
(2) The Director-General of ONA may, in writing, authorise an official of ONA to access the AUSTRAC information and communicate it to the foreign intelligence agency on the Director-General's behalf.
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901 .