39BKeep open notices

#### 39B Keep open notices (1) A senior member of an agency mentioned in subsection (4) may issue a notice (a keep open notice) to a reporting entity if the senior member reasonably believes that the provision of a designated service by the reporting entity to a customer would assist in the investigation by the agency of a serious offence. (2) A serious offence is: (a) an offence against a law of the Commonwealth, or a law of a State or Territory, that is punishable by imprisonment for 2 years or more; or (b) an offence against a law of a foreign country that involves an act or omission that, if it had occurred in Australia, would have constituted an offence covered by paragraph (a). (3) A senior member of an agency is: (a) the head of an agency mentioned in subsection (4); or (b) a statutory office holder of an agency mentioned in subsection (4); or (c) an officer or employee of an agency mentioned in subsection (4) that: (i) is an SES employee or acting SES employee in the agency; or (ii) holds or is acting in a position in the agency that is equivalent to or higher than a position occupied by an SES employee; or (iii) holds or is acting in a position that is prescribed by the AML/CTF Rules for the purposes of this paragraph. (4) The agencies are as follows: (a) the Australian Border Force; (b) the Australian Crime Commission; (c) the Australian Federal Police; (d) the National Anti‑Corruption Commission; (e) the New South Wales Crime Commission; (f) the police force or police service of a State or the Northern Territory; (g) a Commonwealth, State or Territory agency prescribed by the AML/CTF Rules. (5) A keep open notice must: (a) be in the form prescribed by the AML/CTF Rules for the purposes of this paragraph; and (b) contain such information, and be accompanied by such documents, as is required by the AML/CTF Rules. (6) Subject to subsections (7) and (8), a keep open notice is in force for the period: (a) starting on the day specified in the notice; and (b) ending on the earlier of: (i) the day that is 6 months after the day specified in the notice; and (ii) if the investigation to which the notice relates has ended—the day the agency that issued the notice notifies the reporting entity and the AUSTRAC CEO that the relevant investigation has ended. (7) A senior member of an agency that issued a keep open notice to a reporting entity may, by notice (an extension notice) to the reporting entity in the form prescribed by the AML/CTF Rules for the purposes of this subsection, extend the period for which the keep open notice remains in force for a further period of 6 months if: (a) the extension notice is issued to the reporting entity before the expiry of the keep open notice; and (b) subject to subsection (8), the keep open notice has not previously been extended more than once under this subsection; and (c) the senior member of the agency reasonably believes that the continued provision of a designated service by the reporting entity to the customer would assist in the investigation by the agency of a serious offence. (8) Paragraph (7)(b) does not apply in relation to an extension notice if: (a) the keep open notice has previously been extended at least twice under subsection (7); and (b) a senior member of the agency that issued the keep open notice applies to the AUSTRAC CEO in the form prescribed by the AML/CTF Rules for the purposes of this paragraph; and (c) the AUSTRAC CEO is satisfied that the continued provision of a designated service by the reporting entity to the customer would assist in the investigation by the agency of a serious offence; and (d) the AUSTRAC CEO gives notice, in writing, to the agency that paragraph (7)(b) does not apply in relation to the extension notice. (9) The AUSTRAC CEO may give a notice under paragraph (8)(d) more than once in relation to a particular keep open notice.