236ADefence of law of foreign country preventing compliance

236A  Defence of law of foreign country preventing compliance

 (1) A reporting entity does not contravene a civil penalty provision in Part 1A or 2 if:

 (a) the reporting entity provides a designated service at or through a permanent establishment in a foreign country; and

 (b) a law of the foreign country that applies in the place where the permanent establishment is located prevents the reporting entity from complying with that civil penalty provision; and

 (c) before the conduct alleged to constitute the contravention occurs, the reporting entity has given written notice, in the approved form, to the AUSTRAC CEO of those facts; and

 (d) at the time the conduct alleged to constitute the contravention occurs, the reporting entity is taking reasonable steps to ensure that the reporting entity is appropriately identifying, assessing, managing and mitigating any additional risk of money laundering, terrorism financing or proliferation financing associated with being prevented from complying with that civil penalty provision.

 (2) A person who wishes to rely on subsection (1) bears a legal burden in relation to that matter.