{"id":"financial-transaction-reports-state-provisions-act-1992","name":"Financial Transaction Reports (State Provisions) Act 1992","slug":"financial-transaction-reports-state-provisions-act-1992","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32068,"registerId":"sa-financial-transaction-reports-state-provisions-act-1992-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Financial Transaction Reports (State Provisions) Act 1992","content":"South Australia\nFinancial Transaction Reports (State Provisions) Act 1992\nAn Act to provide for the giving of further information in relation to suspect transactions reported under the Financial Transaction Reports Act 1988 of the Commonwealth or the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 of the Commonwealth and the giving of information in relation to other suspect transactions and for related purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\n4\tAct binds Crown\nPart 2—Reports, enforcement and secrecy\n5\tFurther reports of suspect transactions under FTR Act\n5A\tFurther reports of suspect transactions under AMLCTF Act\n6\tReports of suspect transactions not reported under a Commonwealth Act\n7\tProtection of cash dealers and reporting entities etc\n8\tFalse or misleading statements\n9\tSecrecy\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Financial Transaction Reports (State Provisions) Act 1992.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nAMLCTF Act means the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 of the Commonwealth;\ncourt includes any tribunal, authority or person having power to require the production of documents or the answering of questions;\nFTR Act means the Financial Transaction Reports Act 1988 of the Commonwealth;\nprotected information means information that is obtained under this Act.\n\t(2)\tUnless the contrary intention appears, expressions used in the AMLCTF Act or the FTR Act have the same respective meanings in this Act.\n4—Act binds Crown\nThis Act binds the Crown in right of the State and, so far as the legislative power of the State permits, the Crown in all its other capacities.\nPart 2—Reports, enforcement and secrecy\n5—Further reports of suspect transactions under FTR Act\n\t(1)\tIf a cash dealer communicates information to the AUSTRAC CEO under section 16 of the FTR Act, 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.\n\t(2)\tFurther information that may be specified in a request under subsection (1) is information directly or indirectly related to the original communication that—\n\t(a)\tmay be relevant to the investigation of, or prosecution of a person for, an offence against a law of the State; or\n\t(b)\trelates to any other purpose, function or power of South Australia Police under any Act or law; or\n\t(c)\tmay be of assistance in the enforcement of the Criminal Assets Confiscation Act 2005 or the Serious and Organised Crime (Unexplained Wealth) Act 2009.\n\t(3)\tThe cash dealer must comply with the request for further information to the extent that the cash dealer has the further information.\nMaximum penalty: \n\t(a)\tIf the offender is a body corporate—$30 000.\n\t(b)\tIf the offender is a natural person—$8 000 or imprisonment for 2 years or both.\n5A—Further reports of suspect transactions under AMLCTF Act\n\t(1)\tIf a reporting entity communicates information to the AUSTRAC CEO under section 41, 43 or 45 of the AMLCTF Act, the reporting entity 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.\n\t(2)\tFurther information that may be specified in a request under subsection (1) is information directly or indirectly related to the original communication that—\n\t(a)\tmay be relevant to the investigation of, or prosecution of a person for, an offence against a law of the State; or\n\t(b)\trelates to any other purpose, function or power of South Australia Police under any Act or law; or\n\t(c)\tmay be of assistance in the enforcement of the Criminal Assets Confiscation Act 2005 or the Serious and Organised Crime (Unexplained Wealth) Act 2009.\n\t(3)\tThe reporting entity must comply with the request for further information to the extent that the reporting entity has the further information.\nMaximum penalty: \n\t(a)\tIf the offender is a body corporate—$30 000.\n\t(b)\tIf the offender is a natural person—$8 000 or imprisonment for 2 years or both.\n6—Reports of suspect transactions not reported under a Commonwealth Act\n\t(1)\tA 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—\n\t(a)\tmay be relevant to the investigation of, or prosecution of a person for, an offence against a law of the State; or\n\t(b)\trelates to any other purpose, function or power of South Australia Police under any Act or law; or\n\t(c)\tmay be of assistance in the enforcement of the Criminal Assets Confiscation Act 2005 or the Serious and Organised Crime (Unexplained Wealth) Act 2009,\nmust, 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.\nMaximum penalty: \n\t(a)\tIf the offender is a body corporate—$30 000.\n\t(b)\tIf the offender is a natural person—$8 000 or imprisonment for 2 years or both.\n\t(2)\tSubsection (1) does not apply if the cash dealer is required to report the transaction under—\n\t(a)\tDivision 2 of Part II of the FTR Act; or\n\t(b)\tif the cash dealer is a reporting entity—Division 2 of Part III of the AMLCTF Act.\n\t(3)\tThe report must—\n\t(a)\tmust be in a form approved by the AUSTRAC CEO for the purposes of section 41 of the AMLCTF Act; and\n\t(b)\tcontain the reportable details of the transaction; and\n\t(c)\tcontain a statement of the grounds on which the cash dealer holds the suspicion mentioned in subsection (1); and\n\t(d)\tbe signed by the cash dealer.\n\t(4)\tThe communication to the AUSTRAC CEO of the information contained in the report must be made—\n\t(a)\tby giving the AUSTRAC CEO a copy of the report; or\n\t(b)\tin any other way approved by the AUSTRAC CEO.\n\t(5)\tAn approval for the purposes of subsection (4)(b)—\n\t(a)\tmust be in writing; and\n\t(b)\tmay relate to a specified cash dealer or class of cash dealers.\n\t(6)\tIf 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.\n\t(7)\tFurther information that may be specified in a request under subsection (6) is information directly or indirectly related to the original communication that—\n\t(a)\tmay be relevant to the investigation of, or prosecution of a person for, an offence against a law of the State; or\n\t(b)\trelates to any other purpose, function or power of South Australia Police under any Act or law; or\n\t(c)\tmay be of assistance in the enforcement of the Criminal Assets Confiscation Act 2005 or the Serious and Organised Crime (Unexplained Wealth) Act 2009.\n\t(8)\tThe cash dealer must comply with the request for further information to the extent that the cash dealer has the further information.\nMaximum penalty: \n\t(a)\tIf the offender is a body corporate—$30 000.\n\t(b)\tIf the offender is a natural person—$8 000 or imprisonment for 2 years or both.\n7—Protection of cash dealers and reporting entities etc\n\t(1)\tA proceeding does not lie against—\n\t(a)\ta cash dealer or reporting entity in relation to anything done by the cash dealer or reporting entity—\n\t(i)\tthat was required under this Act; or\n\t(ii)\tin the mistaken belief that it was required under this Act; or\n\t(b)\tan officer, employee or agent of a cash dealer or reporting entity in relation to anything done by the person in the course of the person's appointment, employment or agency—\n\t(i)\tthat was required under this Act; or\n\t(ii)\tin the mistaken belief that it was required under this Act.\n\t(2)\tIf a cash dealer or reporting entity, or a person who is an officer, employee or agent of a cash dealer or reporting entity, complies with section 16 of the FTR Act, section 41, 43 or 45 of the AMLCTF Act, or section 5, 5A or 6 of this Act, the cash dealer, reporting entity or person will not, by reason of his or her involvement in that transaction, be taken to have engaged in money laundering for the purposes of section 138 of the Criminal Law Consolidation Act 1935.\n8—False or misleading statements\nA person must not, in giving information under this Act—\n\t(a)\tmake a statement that the person knows is false or misleading in a material particular; or\n\t(b)\tomit anything from a statement knowing that without the thing the statement is misleading in a material particular.\nMaximum penalty: \n\t(a)\tIf the offender is a body corporate—$40 000.\n\t(b)\tIf the offender is a natural person—$15 000 or imprisonment for 4 years or both.\n9—Secrecy\n\t(1)\tThis section applies to a person who is or has been the Commissioner of Police, a police officer or any other person who has access to protected information in the course of official duties.\n\t(2)\tA person must not—\n\t(a)\tmake a record of protected information; or\n\t(b)\tdirectly or indirectly divulge or communicate protected information,\nunless the record is made, or the information is divulged or communicated, in the performance of a duty relating to the enforcement of a law of the State, the Commonwealth, another State or a Territory.\nMaximum penalty: $8 000 or imprisonment for 2 years or both.\n\t(3)\tA person is not required to divulge or communicate protected information to a court unless it is necessary to do so for the enforcement of a law of the State, the Commonwealth, another State or a Territory.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1992\n74\n Financial Transaction Reports (State Provisions) Act 1992\n19.11.1992\n6.12.1992 (Gazette 3.12.1992 p1688)\n2002\n26\n Criminal Law Consolidation (Offences of Dishonesty) Amendment Act 2002\n31.10.2002\nSch 3 (cl 4)—5.7.2003 (Gazette 15.5.2003 p1979)\n2005\n19\n Criminal Assets Confiscation Act 2005\n9.6.2005\nSch 1 (cll 6 & 7)—2.4.2006 (Gazette 16.2.2006 p578)\n2013\n4\n Financial Transaction Reports (State Provisions) (Miscellaneous) Amendment Act 2013\n28.2.2013\n1.4.2013 (Gazette 28.3.2013 p919)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended by 4/2013 s 4\n1.4.2013\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n5.7.2003\ns 3\n\n\ns 3(1)\n\n\nCommonwealth Act\ndeleted by 4/2013 s 5(1)\n1.4.2013\nAMLCTF Act\ninserted by 4/2013 s 5(1)\n1.4.2013\nFTR Act\ninserted by 4/2013 s 5(2)\n1.4.2013\ns 3(2)\namended by 4/2013 s 5(3)\n1.4.2013\ns 3(3)\ndeleted by 4/2013 s 5(4)\n1.4.2013\nPt 2\n\n\ns 5\n\n\ns 5(1)\nsubstituted by 4/2013 s 6(1)\n1.4.2013\ns 5(2)\namended by 26/2002 s 19(2) (Sch 3 cl 4(a))\n5.7.2003\n\namended by 19/2005 Sch 1 cl 6\n2.4.2006\n\nsubstituted by 4/2013 s 6(1)\n1.4.2013\ns 5(3)\namended by 4/2013 s 6(2)\n1.4.2013\ns 5A\ninserted by 4/2013 s 7\n1.4.2013\ns 6\n\n\ns 6(1)\namended by 26/2002 s 19(2) (Sch 3 cl 4(b))\n5.7.2003\n\namended by 19/2005 Sch 1 cl 7(1)\n2.4.2006\n\nsubstituted by 4/2013 s 8(1)\n1.4.2013\ns 6(2)\nsubstituted by 4/2013 s 8(1)\n1.4.2013\ns 6(3)\namended by 4/2013 s 8(2)\n1.4.2013\ns 6(4)\namended by 4/2013 s 8(3)\n1.4.2013\ns 6(6)\nsubstituted by 4/2013 s 8(4)\n1.4.2013\ns 6(7)\namended by 26/2002 s 19(2) (Sch 3 cl 4(c))\n5.7.2003\n\namended by 19/2005 Sch 1 cl 7(2)\n2.4.2006\n\nsubstituted by 4/2013 s 8(4)\n1.4.2013\ns 6(8)\namended by 4/2013 s 8(5)\n1.4.2013\ns 7\n\n\ns 7(1)\namended by 4/2013 s 9(1)\n1.4.2013\ns 7(2)\namended by 26/2002 s 19(2) (Sch 3 cl 4(d))\n5.7.2003\n\nsubstituted by 4/2013 s 9(2)\n1.4.2013\ns 8\namended by 4/2013 s 10\n1.4.2013\ns 9\n\n\ns 9(1)\namended by 4/2013 s 11(1)\n1.4.2013\ns 9(2)\namended by 4/2013 s 11(2)\n1.4.2013\nHistorical versions\nReprint No 1—5.7.2003\n\n2.4.2006\n\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Yes. The Act's scope was expanded and clarified by later amendments (notably the 2013 changes): references to the AMLCTF Act and reporting entities were inserted and a new section (s5A) was added to impose follow‑up information obligations on reporting entities, while sections dealing with cash‑dealer reporting were substituted or updated (see Legislative history entries for 4/2013 and the inserted s5A). Penalties, reporting methods and protections were also adjusted by those amendments."},"complexity_factors":["Dependence on Commonwealth statutes (Financial Transaction Reports Act 1988 and Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006) for definitions and reporting triggers (s3(1)–(2); s5; s5A; s6).","Multiple distinct duties on different actors: cash dealers, reporting entities, and police requests for follow‑up information (s5, s5A, s6).","Criminal penalties including fines and imprisonment create significant compliance risk and potential criminal exposure (s5(3), s5A(3), s6(8), s8).","Procedural discretion: AUSTRAC CEO may approve report forms and communication methods, and approvals may be written and targeted to classes of cash dealers (s6(3)–(5)).","Secrecy regime restricts recording and disclosure of protected information with specific enforcement exceptions, increasing operational constraints on officials (s9).","Statutory protections for reporters interact with criminal‑law definitions (immunity from being taken to have engaged in money‑laundering) and civil liability exclusions (s7(1)–(2)).","Amendment history (notably 2013 insertions/substitutions) shows the Act's scope and cross‑references have been materially altered over time (Legislative history; provisions varied)."],"plain_english_summary":"**Financial Transaction Reports (State Provisions) Act 1992** requires cash dealers and reporting entities to give South Australia Police extra information when they (or AUSTRAC) have been notified of suspicious transactions, and to report certain suspicions directly to AUSTRAC. It establishes criminal penalties for non‑compliance, grants limited immunity to reporters from civil liability and money‑laundering treatment, and imposes secrecy duties on officials who handle the protected information."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1992 Act was designed solely to supplement the Financial Transaction Reports Act 1988 (FTR Act). However, the 2013 amendments significantly expanded scope by adding section 5A to incorporate the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AMLCTF Act)—a much broader federal regime that replaced and expanded upon the FTR Act. The amendments also added explicit references to the Serious and Organised Crime (Unexplained Wealth) Act 2009, shifting the Act's focus from pure money laundering detection toward asset confiscation and wealth confiscation. What began as a simple information-sharing adjunct to federal cash transaction reporting has become a multi-layered tool for unexplained wealth litigation and counter-terrorism financing investigations."},"complexity_factors":["Dual-trigger mechanism: the Act operates in parallel with two separate Commonwealth Acts (FTR Act 1988 and AMLCTF Act 2006), requiring readers to cross-reference both","Nested conditional obligations: section 6 contains an exception to an exception (subsection 6(2) excludes transactions already reported under federal law, but the whole section only applies to transactions not reported under federal law)","Identical substantive provisions repeated across three sections (5, 5A, and 6(6)-(8)) with only minor variations in defined terms","Heavy reliance on imported definitions: section 3(2) states that terms from the Commonwealth Acts have the same meaning, forcing readers to consult external legislation","Multiple penalty tiers distinguishing between body corporate and natural person offenders across 5 different offence provisions","Legislative history shows significant amendment in 2013 to accommodate the newer AMLCTF Act, creating layered historical context"],"plain_english_summary":"This South Australian law creates a bridge between federal anti-money laundering laws and state police investigations. It does three main things:\n\n**1. Forces banks and financial businesses to hand over extra information to SA Police**\nIf a bank or financial business (called a \"cash dealer\" or \"reporting entity\") reports a suspicious transaction to the federal government's financial intelligence agency (AUSTRAC), SA Police can demand additional details about that transaction. The business must comply or face fines up to $30,000 (for companies) or 2 years jail (for individuals).\n\n**2. Requires reporting of suspicious transactions that fall through federal cracks**\nIf a financial business suspects a transaction might be linked to a state crime, police operations, or asset confiscation—but doesn't have to report it under federal law—it must still report it directly to AUSTRAC and then provide follow-up information to SA Police if asked.\n\n**3. Protects whistleblowers and punishes liars**\n- Banks and staff are protected from lawsuits for reporting suspicious activity (even if they're wrong, as long as they acted in good faith)\n- They also get immunity from state money laundering charges for transactions they report\n- It's a crime to give false or misleading information to police under this scheme (up to 4 years jail)\n- Police officers face jail if they leak the information they receive\n\n**Who it affects:** Banks, casinos, money transfer services, bullion dealers, and other \"cash dealers\" operating in South Australia; SA Police; and anyone whose financial transactions get flagged as suspicious.\n\n**Why it matters:** This law ensures SA Police can dig deeper into potential financial crimes even when federal reporting requirements don't capture everything. It's particularly focused on grabbing unexplained wealth and confiscating criminal assets."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible as the legislative text was not retrievable. The page returned an error, providing no content beyond navigation links and a website update notice."},"complexity_factors":["No legislative text was available for analysis — the source URL returned a 404 Page Not Found error","Complexity cannot be meaningfully assessed without access to the actual provisions","Score of 1 reflects inability to analyse, not simplicity of the underlying law"],"plain_english_summary":"The Financial Transaction Reports (State Provisions) Act 1992 (SA) is a South Australian law concerning financial transaction reporting, intended to mirror or adapt federal reporting requirements within the state. It matters to banks, financial institutions, cash dealers, and individuals making large or unusual cash transactions because it shapes when and how transactions and suspicious activity are reported to authorities."}},"importantCases":[],"_links":{"self":"/api/acts/financial-transaction-reports-state-provisions-act-1992","history":"/api/acts/financial-transaction-reports-state-provisions-act-1992/history","analysis":"/api/acts/financial-transaction-reports-state-provisions-act-1992/analysis","conflicts":"/api/acts/financial-transaction-reports-state-provisions-act-1992/conflicts","importantCases":"/api/acts/financial-transaction-reports-state-provisions-act-1992/important-cases","documents":"/api/acts/financial-transaction-reports-state-provisions-act-1992/documents"}}