Sch 9Powers and definitions

Schedule 9—Powers and definitions

Part 1—Examination power

examinee, in relation to an examination under Division 3 of Part 14, means the person who appears for examination.

examiner, in relation to an examination under Division 3 of Part 14, means the AUSTRAC CEO and includes:

 (a) a delegate of the AUSTRAC CEO; and

 (b) a consultant engaged under subsection 225(1) to perform services as an examiner.

statement, in relation to an examination under Division 3 of Part 14, includes a question asked, an answer given, and any other comment or remark made, at the examination.

written record, in relation to an examination under Division 3 of Part 14, means:

 (a) a record of the examination:

 (i) that is made in writing; or

 (ii) as reduced to writing; or

 (b) a part of such a record.

2  Before section 166

3  Section 166

166  Simplified outline

An authorised officer may obtain information or documents.

If the AUSTRAC CEO believes on reasonable grounds that a person has information or a document that is relevant to compliance with this Act, the regulations or the AML/CTF Rules, or an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act, the regulations or the AML/CTF Rules, the AUSTRAC CEO may require the person:

 (a) to produce to the AUSTRAC CEO, within the period and in the manner specified in the notice, any such documents; or

 (b) to appear before an examiner for examination under this Division on oath or affirmation and to answer questions, and to produce any such documents.

The examiner may, and must if the examinee so requests, cause a record to be made of statements made at an examination under this Division.

A statement made by a person at an examination under this Division of the person is admissible in evidence against the person in certain proceedings except in certain circumstances.

4  Before section 167

Division 2—Powers of authorised officers

5  At the end of Part 14

Add:

Division 3—Other powers to obtain information and documents

Subdivision A—Examination of persons