8—Amendment of section 6—Reports of suspect transactions not reported under a Commonwealth Act
(1) Section 6(1) and (2)—delete subsections (1) and (2) and substitute:
(1) A cash dealer who is a party to a transaction and has reasonable grounds to suspect that information that the cash dealer has concerning the transaction—
(a) may be relevant to the investigation of, or prosecution of a person for, an offence against a law of the State; or
(b) relates to any other purpose, function or power of South Australia Police under any Act or law; or
(c) may be of assistance in the enforcement of the Criminal Assets Confiscation Act 2005 or the Serious and Organised Crime (Unexplained Wealth) Act 2009 ,
must, as soon as practicable after forming the suspicion, prepare a report of the transaction and communicate the information contained in it to the AUSTRAC CEO.
Maximum penalty:
(a) If the offender is a body corporate—$30 000.
(b) If the offender is a natural person—$8 000 or imprisonment for 2 years or both.
(2) Subsection (1) does not apply if the cash dealer is required to report the transaction under—
(a) Division 2 of Part II of the FTR Act; or
(b) if the cash dealer is a reporting entity—Division 2 of Part III of the AMLCTF Act.
(2) Section 6(3)(a)—delete paragraph (a) and substitute:
(a) must be in a form approved by the AUSTRAC CEO for the purposes of section 41 of the AMLCTF Act; and
(3) Section 6(4)—delete "Director" wherever occurring and substitute in each case:
AUSTRAC CEO
(4) Section 6(6) and (7)—delete subsections (6) and (7) and substitute:
(6) If a cash dealer communicates information to the AUSTRAC CEO under subsection (1), the cash dealer must, if requested to do so by the Commissioner of Police or a police officer, give the Commissioner or police officer such further information, within the period specified in the request, as is specified in the request.
(7) Further information that may be specified in a request under subsection (6) is information directly or indirectly related to the original communication that—
(a) may be relevant to the investigation of, or prosecution of a person for, an offence against a law of the State; or
(b) relates to any other purpose, function or power of South Australia Police under any Act or law; or
(c) may be of assistance in the enforcement of the Criminal Assets Confiscation Act 2005 or the Serious and Organised Crime (Unexplained Wealth) Act 2009 .
(5) Section 6(8), penalty provision—delete the penalty provision and substitute:
Maximum penalty:
(a) If the offender is a body corporate—$30 000.
(b) If the offender is a natural person—$8 000 or imprisonment for 2 years or both.