Anti-Money Laundering and Counter-Terrorism Financing Amendment Act 2024
8At the end of subsection 41(3)
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8 At the end of subsection 41(3)
Add:
Note 3: For other provisions dealing with legal professional privilege, see sections 242 and 242A.
9 After paragraph 43(3)(a)
(aa) if the reporting entity reasonably believes that information required to be contained in the report about the transaction is privileged from being given on the ground of legal professional privilege—be accompanied by an LPP form in relation to the information; and
10 At the end of subsection 43(3)
Add:
Note 3: For other provisions dealing with legal professional privilege, see sections 242 and 242A.
11 Subsection 49(3)
(3) Subsections (2) and (4) are civil penalty provisions.
(4) If:
(a) a person is given a notice under subsection (1) in relation to information or a document; and
(b) the person reasonably believes that the information or document is privileged from being given or produced on the ground of legal professional privilege;
the person must give the AUSTRAC CEO an LPP form in relation to the information or document within the period specified in the notice.
12 Before paragraph 49B(5)(a)
(aa) subsection (6A);
13 After subsection 49B(6)
(6A) If:
(a) a person is given a notice under subsection (2) in relation to information or a document; and
(b) the person reasonably believes that the information or document is privileged from being given or produced on the ground of legal professional privilege;
the person must give the AUSTRAC CEO an LPP form in relation to the information or document within the period specified in the notice.
14 Subsection 49B(7)
(7) Subsections (6) and (6A) are civil penalty provisions.
15 After paragraph 50(6)(a)
(aa) if the reporting entity reasonably believes that information relating to the matter is privileged from being given on the ground of legal professional privilege—be accompanied by an LPP form in relation to the information; and
16 Subsection 50(6) (note)
Omit “Note”, substitute “Note 1”.
17 At the end of subsection 50(6)
Add:
Note 2: For other provisions dealing with legal professional privilege, see sections 242 and 242A.
18 At the end of section 75N
Add:
(a) a person is given a request under subsection (1) in relation to information; and
(b) the person reasonably believes that the information is privileged from being given on the ground of legal professional privilege;