243ESuspicious matters reports under the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006

#### 243E Suspicious matters reports under the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 Section 123 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 does not prohibit a person from disclosing a fact or information referred to in that section: (a) to ASIC; or (b) to a market licensee; or (c) to a CS facility licensee; or (d) to an operator of a market exempted under section 791C of the Corporations Act; or (e) to an operator of a clearing and settlement facility exempted under section 820C of the Corporations Act; or (f) in accordance with conditions imposed on an Australian market licence under section 796A of the Corporations Act; or (g) in accordance with conditions imposed on an Australian CS facility licence under section 825A of the Corporations Act; or (h) in accordance with conditions on an exemption made under section 791C of the Corporations Act from the requirement to hold an Australian market licence; or (i) in accordance with conditions on an exemption made under section 820C of the Corporations Act from the requirement to hold an Australian CS facility licence; or (j) as prescribed by regulations made for the purposes of this paragraph. Commonwealth Electoral Act 1918 13 Subsection 90B(4) (at the end of the table) Add: | 6 | a prescribed person or organisation that:(a) is a reporting entity or an agent of a reporting entity; and(b) carries out applicable customer identification procedures under the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 | a copy of a Roll (or an extract of a Roll) | (a) on request by the person or organisation; and(b) on payment of the fee (if any) payable under subsection (9). | | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ------------------------------------------ | ----------------------------------------------------------------------------------------------------------------- | 14 Subsection 90B(10) Insert: > applicable customer identification procedure has the same meaning as in the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006. 15 Subsection 90B(10) Insert: > reporting entity has the same meaning as in the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006. 16 After subsection 91A(2C) Insert: (2D) For information provided under item 6 of the table in subsection 90B(4), the only permitted purpose in relation to a prescribed person or organisation is for the person or organisation to carry out an applicable customer identification procedure under the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006. 17 Subsection 91A(3) Insert: > applicable customer identification procedure has the same meaning as in the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006. Corporations Act 2001 18 Paragraph 766B(3)(a) After “needs”, insert “(otherwise than for the purposes of compliance with the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 or with regulations, or AML/CTF Rules, under that Act)”. Crimes Act 1914 19 Section 85ZL Insert: > AUSTRAC means the Australian Transaction Reports and Analysis Centre continued in existence by the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006. 20 Paragraph 85ZZH(h) Repeal the paragraph, substitute: (h) AUSTRAC, for the purpose of assessing: (i) prospective members of the staff of AUSTRAC; or (ii) persons proposed to be engaged as consultants under subsection 225(1) of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006; or (iii) persons whose services are proposed to be made available to AUSTRAC under subsection 225(3) of that Act; Criminal Code Act 1995 21 Subsection 400.1(1) of the Criminal Code Insert: > Australian Capital Territory indictable offence means an offence against a law of the Australian Capital Territory that may be dealt with as an indictable offence (even if it may, in some circumstances, be dealt with as a summary offence). 22 Subsection 400.1(1) of the Criminal Code Insert: > banking transaction includes: (a) any transaction made at an ADI; and (b) any transaction involving a money order. 23 Subsection 400.1(1) of the Criminal Code Insert: > Commonwealth indictable offence means an offence against a law of the Commonwealth, or a law of a Territory (other than the Australian Capital Territory and the Northern Territory), that may be dealt with as an indictable offence (even if it may, in some circumstances, be dealt with as a summary offence). 24 Subsection 400.1(1) of the Criminal Code Insert: > export money or other property, from Australia, includes transfer money or other property from Australia by an electronic communication. 25 Subsection 400.1(1) of the Criminal Code Insert: > foreign indictable offence means an offence against a law of a foreign country constituted by conduct that, if it had occurred in Australia, would have constituted an offence against: (a) a law of the Commonwealth; or (b) a law of a State or Territory connected with the offence; that may be dealt with as an indictable offence (even if it may, in some circumstances, be dealt with as a summary offence). > Note: See subsection (3) for when a law of a State or Territory is connected with the offence. 26 Subsection 400.1(1) of the Criminal Code Insert: > import money or other property, into Australia, includes transfer money or other property to Australia by an electronic communication. 27 Subsection 400.1(1) of the Criminal Code Insert: > Northern Territory indictable offence means an offence against a law of the Northern Territory that may be dealt with as an indictable offence (even if it may, in some circumstances, be dealt with as a summary offence). 28 Subsection 400.1(1) of the Criminal Code Insert: > State indictable offence means an offence against a law of a State that may be dealt with as an indictable offence (even if it may, in some circumstances, be dealt with as a summary offence). 29 At the end of section 400.1 of the Criminal Code Add: (3) For the purposes of the definition of foreign indictable offence in subsection (1), a State or Territory is connected with the offence if: (a) a dealing in money or property takes place in the State or Territory; and (b) the money or property would be proceeds of crime, or could become an instrument of crime, in relation to the offence if the offence were a foreign indictable offence. 30 Paragraph 400.2(1)(b) of the Criminal Code Repeal the paragraph, substitute: (b) the money or other property is proceeds of crime, or could become an instrument of crime, in relation to an offence that is: (i) a Commonwealth indictable offence; or (ii) a foreign indictable offence; or (iii) a State indictable offence; or (iv) an Australian Capital Territory indictable offence; or (v) a Northern Territory indictable offence. 31 Subsections 400.2(3) and (4) of the Criminal Code Repeal the subsections, substitute: (3) Subparagraph (1)(b)(iii), in its application to a particular offence against this Division, has effect only to the extent to which it is a law with respect to external affairs (within the meaning of paragraph 51(xxix) of the Constitution). 32 Paragraph 400.9(1)(b) of the Criminal Code Omit “either or both”, substitute “any”. 33 After subparagraph 400.9(1)(b)(i) of the Criminal Code Insert: (ia) the money or property is proceeds of crime in relation to a State indictable offence; (ib) the money or property is proceeds of crime in relation to an Australian Capital Territory indictable offence or a Northern Territory indictable offence; 34 After paragraph 400.9(2)(a) of the Criminal Code Insert: (aa) the conduct involves a number of transactions that are structured or arranged to avoid the reporting requirements of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 that would otherwise apply to the transactions; or 35 After paragraph 400.9(2)(b) of the Criminal Code Insert: (ba) the conduct amounts to an offence against section 139, 140 or 141 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006; or 36 After paragraph 400.9(2)(d) of the Criminal Code Insert: (da) the conduct involves a threshold transaction (within the meaning of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006) and the defendant: (i) has contravened the defendant’s obligations under that Act relating to reporting the transaction; or (ii) has given false or misleading information in purported compliance with those obligations; or 37 At the end of section 400.9 of the Criminal Code Add: (6) Subparagraph (1)(b)(ia), in its application to an offence against subsection (1), has effect only to the extent to which it is a law with respect to external affairs (within the meaning of paragraph 51 (xxix) of the Constitution). 38 At the end of section 400.11 of the Criminal Code Add: ; (e) whether an offence is a State indictable offence; (f) whether an offence is an Australian Capital Territory indictable offence; (g) whether an offence is a Northern Territory indictable offence. Financial Management and Accountability Regulations 1997 39 Part 1 of Schedule 1 (table item 104) Repeal the item, substitute: | 104 | Australian Transaction Reports and Analysis Centre (AUSTRAC), comprising:(a) the Chief Executive Officer of AUSTRAC; and(b) the staff mentioned in section 224 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006; and(c) consultants engaged under subsection 225(1) of that Act; and(d) the persons whose services are made available to the Chief Executive Officer of AUSTRAC under subsection 225(3) of that Act.See Note B | Chief Executive Officer | | --- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ----------------------- | Financial Transaction Reports Act 1988 40 Title Omit “, to establish an Australian Transaction Reports and Analysis Centre”. 41 Subsection 3(1) (definition of approved) Omit “Director”, substitute “AUSTRAC CEO”. 42 Subsection 3(1) (definition of approved cash carrier) Omit “Director”, substitute “AUSTRAC CEO”. 44 Subsection 3(1) (definition of AUSTRAC) Repeal the definition, substitute: > AUSTRAC means the Australian Transaction Reports and Analysis Centre continued in existence by the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006. 45 Subsection 3(1) Insert: > AUSTRAC CEO means the Chief Executive Officer of AUSTRAC. 46 Subsection 3(1) (definition of Centrelink officer) Repeal the definition. 47 Subsection 3(1) (definition of Child Support Agency) Repeal the definition. 48 Subsection 3(1) Insert: > commence to provide a designated service has the same meaning as in the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006. 49 Subsection 3(1) (definition of CSA officer) Repeal the definition. 50 Subsection 3(1) Insert: > designated service has the same meaning as in the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006. 51 Subsection 3(1) Insert: > designated service transaction: if: (a) a reporting entity provides, or commences to provide, a designated service to a customer (within the meaning of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006); and (b) the provision of the service involves a transaction; the transaction is a designated service transaction. 52 Subsection 3(1) (definition of Director) Repeal the definition. 53 Subsection 3(1) (definition of FTR information) Omit “Director”, substitute “AUSTRAC CEO”. 54 Subsection 3(1) (definition of Inter‑Governmental Committee) Repeal the definition. 55 Subsection 3(1) (definition of member of the staff of the Police Integrity Commission) Repeal the definition. 56 Subsection 3(1) (at the end of the definition of non‑reportable cash transaction) Add: ; and (c) that is not a designated service transaction. 57 Subsection 3(1) (definition of Police Integrity Commission) Repeal the definition. 58 Subsection 3(1) (definition of prescribed particulars) Repeal the definition. 59 Subsection 3(1) Insert: > reporting entity has the same meaning as in the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006. 60 Subsection 3(1) (definition of Royal Commission) Repeal the definition. 61 Subsection 3(1) (definition of Royal Commission into the New South Wales Police Service) Repeal the definition. 62 Paragraph 7(1)(b) Omit “Director”, substitute “AUSTRAC CEO”. 63 At the end of subsection 7(1) Add: ; or (f) all of the following conditions are satisfied: (i) the cash dealer is a reporting entity; (ii) the transaction occurred after the commencement of Division 1 of Part 2 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006; (iii) the transaction is a designated service transaction. 64 Subsections 7(2) and (3) Omit “Director” (wherever occurring), substitute “AUSTRAC CEO”. 65 Subsection 8(1) Omit “Director” (wherever occurring), substitute “AUSTRAC CEO”. 66 Subsections 8A(1), (2), (4), (5) and (7) Omit “Director” (wherever occurring), substitute “AUSTRAC CEO”. 67 Subsection 9(2) Omit “Director”, substitute “AUSTRAC CEO”. 68 After subsection 11(2) Insert: (2A) Despite subsections (1) and (2), a financial institution must not enter a designated service transaction, or a class of designated service transactions, in its exemption register after the commencement of Division 1 of Part 3 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006. 69 Subsections 11(3) and (4) Omit “Director”, substitute “AUSTRAC CEO”. 70 Subsections 13(1), (2), (5) and (6) Omit “Director” (wherever occurring), substitute “AUSTRAC CEO”. Note: The heading to section 13 is altered by omitting “Director” and substituting “AUSTRAC CEO”. 71 After subsection 15(1A) Insert: (1B) Subsection (1) does not apply if the transfer occurred after the commencement of Division 1 of Part 4 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006. > Note: A defendant bears an evidential burden in relation to the matter in subsection (1B) (see subsection 13.3(3) of the Criminal Code). 72 After subsection 15(5A) Insert: (5B) Subsection (5) does not apply if the currency was transferred after the commencement of Division 1 of Part 4 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006. > Note: A defendant bears an evidential burden in relation to the matter in subsection (5B) (see subsection 13.3(3) of the Criminal Code). 73 Subparagraph 15(7)(d)(ii) Omit “Director”, substitute “AUSTRAC CEO”. 74 Subsection 15(8) Omit “Director”, substitute “AUSTRAC CEO”. 75 Subsection 15A(1) Omit “If a”, substitute “Subject to subsection (3A), if a”. 76 Paragraph 15A(1)(b) Omit “Director”, substitute “AUSTRAC CEO”. 77 Subsection 15A(3) Omit “Director” (wherever occurring), substitute “AUSTRAC CEO”. 78 After subsection 15A(3) Insert: (3A) Subsection (1) does not impose any obligations on a solicitor, a solicitor corporation, or a partnership of solicitors, in relation to a transaction if: (a) the solicitor, corporation or partnership is a reporting entity; and (b) the transaction occurred after the commencement of Division 1 of Part 3 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006; and (c) the transaction is a designated service transaction. 79 Subsections 15AA(1) and (5) Omit “Director”, substitute “AUSTRAC CEO”. 80 Subsection 16(1) Omit “Where”, substitute “Subject to subsection (4A), where”. 81 Paragraph 16(1)(d) Omit “Director”, substitute “AUSTRAC CEO”. 82 Subsection 16(1A) Omit “Where”, substitute “Subject to subsection (4A), where”. 83 Paragraph 16(1A)(d) Omit “Director”, substitute “AUSTRAC CEO”. 84 Subsections 16(3) and (4) Omit “Director” (wherever occurring), substitute “AUSTRAC CEO”. 85 After subsection 16(4) Insert: (4A) Subsections (1) and (1A) do not impose any obligations on a cash dealer in relation to a transaction if: (a) the cash dealer is a reporting entity; and (b) the transaction occurs after the commencement of Division 1 of Part 3 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006; and (c) the transaction is a designated service transaction. 86 Subsection 16(5A) Omit “Director” (wherever occurring), substitute “AUSTRAC CEO”. 87 Subparagraph 16(5D)(b)(ii) Omit “Director”, substitute “AUSTRAC CEO”. 88 Paragraph 17B(1)(a) Before “a cash dealer”, insert “before the commencement of Division 1 of Part 3 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006,”. 89 Subsections 17B(3) and (4) Omit “Director”, substitute “AUSTRAC CEO”. 90 Paragraph 17FA(1)(a) Before “an ADI”, insert “before the commencement of Division 1 of Part 3 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006,”. 91 Paragraph 17FB(1)(a) Before “an ADI”, insert “before the commencement of Division 1 of Part 3 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006,”. 92 Subsections 17FB(2) and (4) Omit “Director” (wherever occurring), substitute “AUSTRAC CEO”. 93 Subsection 18(1) Omit “This section applies”, substitute “Subject to subsections (1A) and (1B), this section applies”. 94 After subsection 18(1) Insert: (1A) Subparagraphs (1)(a)(i) and (b)(i) do not apply if the account is opened after the commencement of Division 1 of Part 2 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 in circumstances that amount to the provision of a designated service. (1B) Subparagraphs (1)(a)(ii) and (b)(ii) do not apply if: (a) the person becomes a signatory of the account after the commencement of Division 1 of Part 2 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006; and (b) either: (i) the account is opened after the commencement of Division 1 of Part 2 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 in circumstances that amount to the provision of a designated service; or (ii) the account was opened before the commencement of that Division in circumstances that would have amounted to the provision of a designated service if all the provisions of Parts 1 and 2 of that Act had been in force at the relevant time. 95 Subsections 18(2), (2A), (8) and (8A) Omit “Director”, substitute “AUSTRAC CEO”. 96 Subsections 19(1), (2), (3) and (4) Omit “Director” (wherever occurring), substitute “AUSTRAC CEO”. 97 Subsection 19(5) Omit “Director’s”, substitute “AUSTRAC CEO’s”. 98 Paragraphs 20(1)(a) and (b) After “cash dealer”, insert “for the purposes of compliance with this Part”. 99 Subparagraph 20A(1)(b)(ii) Omit “Director”, substitute “AUSTRAC CEO”. 100 Subsection 21A(1) Omit “This section applies”, substitute “Subject to subsections (1A) and (1B), this section applies”. 101 After subsection 21A(1) Insert: (1A) This section does not apply to an individual who wishes to open an account if the account is opened after the commencement of Division 1 of Part 2 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 in circumstances that amount to the provision of a designated service. (1B) This section does not apply to an individual who wishes to become a signatory to an account with an identifying cash dealer in a name by which the individual intends to be commonly known if: (a) the individual wishes to become a signatory to the account in that name after the commencement of Division 1 of Part 2 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006; and (b) either: (i) the account is opened after the commencement of Division 1 of Part 2 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 in circumstances that amount to the provision of a designated service; or (ii) the account was opened before the commencement of that Division in circumstances that would have amounted to the provision of a designated service if all the provisions of Parts 1 and 2 of that Act had been in force at the relevant time. 102 Subsection 22(1) After “given to a cash dealer”, insert “for the purposes of compliance with this Part”. 103 Subsection 22(1) Omit “Director”, substitute “AUSTRAC CEO”. Note: The heading to section 22 is altered by omitting “Director” and substituting “AUSTRAC CEO”. 104 Subsection 23(1) After “signatory information”, insert “for the purpose of compliance with this Part”. 105 Subparagraph 23A(6)(c)(ii) Omit “Director”, substitute “AUSTRAC CEO”. 106 Subparagraph 23B(5)(c)(ii) Omit “Director”, substitute “AUSTRAC CEO”. 107 Subsection 24(5) Omit “Director” (wherever occurring), substitute “AUSTRAC CEO”. 108 At the end of section 24 Add: (9) This section does not apply in relation to the opening of an account if the account is opened after the commencement of Division 1 of Part 2 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 in circumstances that amount to the provision of a designated service. (10) This section does not apply in relation to the operation of an account after the commencement of Division 1 of Part 2 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 if: (a) the account was opened in circumstances that amount to the provision of a designated service; or (b) allowing a transaction in relation to the account would amount to the provision of a designated service. 109 Section 24B Omit “Director”, substitute “AUSTRAC CEO”. 110 Subsection 24C(1) After “must not”, insert “, before the commencement of Division 1 of Part 2 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006,”. 111 Paragraph 24C(2)(b) Omit “Director”, substitute “AUSTRAC CEO”. 112 Subsection 24D(1) After “bullion transaction”, insert “that occurred before the commencement of Division 1 of Part 2 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006”. 113 Part IIIB Repeal the Part. 114 Part IV Repeal the Part. 115 Section 27A Omit “Director”, substitute “AUSTRAC CEO”. 116 Subsections 27B(1) and (2) Omit “Director” (wherever occurring), substitute “AUSTRAC CEO”. 117 Subparagraph 27C(2)(d)(ii) Omit “Director”, substitute “AUSTRAC CEO”. 118 Subparagraph 27D(2)(d)(ii) Omit “Director”, substitute “AUSTRAC CEO”. 119 Subsection 27E(1) Omit “Director”, substitute “AUSTRAC CEO”. 120 Paragraph 28(1)(a) Omit “Director”, substitute “AUSTRAC CEO”. 121 Paragraph 28(3)(a) Omit “Director”, substitute “AUSTRAC CEO”. 122 Subsection 29(1) Omit “Director”, substitute “AUSTRAC CEO”. 123 Subsection 29(2A) Omit “Director”, substitute “AUSTRAC CEO”. 124 Subsection 30(1) Omit “Director”, substitute “AUSTRAC CEO”. 125 Subsection 30(3) Omit “Director”, substitute “AUSTRAC CEO”. 126 Subsection 32(1) Omit “Director”, substitute “AUSTRAC CEO”. 127 Subsection 33(1) After “leave Australia”, insert “before the commencement of Division 1 of Part 4 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006”. 128 Subsection 33(2) After “arrives in Australia”, insert “before the commencement of Division 1 of Part 4 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006”. 129 Subsection 33AA(1) After “leave Australia”, insert “before the commencement of Division 1 of Part 4 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006”. 130 Subsection 33AA(2) After “arrives in Australia”, insert “before the commencement of Division 1 of Part 4 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006”. 131 Sections 35, 36, 36A, 36B and 37 Repeal the sections. 132 Subsection 38(1) Omit “Director are” substitute “AUSTRAC CEO include”. Note: The heading to section 38 is altered by omitting “Director” and substituting “AUSTRAC CEO”. 133 Paragraphs 38(1)(a) and (ab) Repeal the paragraphs. 134 At the end of paragraphs 38(1)(b) and (c) Add “and”. 135 Subsection 38(2) Omit “Director’s functions, the Director shall”, substitute “AUSTRAC CEO’s functions under this Act, the AUSTRAC CEO must”. 136 Paragraph 38(2)(a) Omit “Director’s functions”, substitute “AUSTRAC CEO’s functions under this Act”. 137 Subsection 38(3) Omit “Director’s functions, the Director shall”, substitute “AUSTRAC CEO’s functions under this Act, the AUSTRAC CEO must”. 138 Paragraph 38(3)(a) Omit “Director”, substitute “AUSTRAC CEO”. 139 Paragraph 38(3)(d) Omit “Director’s functions”, substitute “AUSTRAC CEO’s functions under this Act”. 140 Subsection 38(4) Omit “Director’s functions, the Director shall”, substitute “AUSTRAC CEO’s functions under this Act, the AUSTRAC CEO must”. 141 At the end of section 38 Add: (5) Any failure to comply with the requirements of subsection (2) in relation to the performance of a function of the AUSTRAC CEO does not affect the validity of the performance of the function. 142 Sections 39, 40, 40A and 40B Repeal the sections. 143 Section 40C (definition of financial transaction document) After “carried out”, insert “, before the commencement of Division 1 of Part 2 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006,”. 144 Section 40D (paragraph (a) of the definition of customer‑generated financial transaction document) After “following financial transactions”, insert “carried out before the commencement of Division 1 of Part 2 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006”. 145 Section 42 Omit “Director”, substitute “AUSTRAC CEO”. 146 Schedule 1 Omit “Director” (wherever occurring), substitute “AUSTRAC CEO”. Financial Transaction Reports Amendment Act 2006 147 Subsection 2(1) (cell at table item 2, column 2) Repeal the cell, substitute: | Immediately after the commencement of item 10 of Schedule 9 to the Anti‑Terrorism Act (No. 2) 2005.However, if section 3 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 commences before 14 December 2006, the provision(s) do not commence at all. | | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | Freedom of Information Act 1982 148 Division 1 of Part II of Schedule 2 (at the end of the item dealing with the Australian Transaction Reports and Analysis Centre) Add “or section 41 or 49 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006”. Inspector‑General of Intelligence and Security Act 1986 149 Subsection 22(3) Repeal the subsection, substitute: (3) If the report includes: (a) information that was acquired by the Commissioner of Taxation under the provisions of a tax law (within the meaning of section 3E of the Taxation Administration Act 1953); or (b) AUSTRAC information (within the meaning of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006); the Inspector‑General must prepare another version of the report that does not disclose the information referred to in paragraph (a) or (b). > Note: Section 3EC of the Taxation Administration Act 1953 permits the Inspector‑General to disclose paragraph (a) information to the Director‑General of Security in the report under subsection (1). 150 Section 25A (note) Omit all the words after “tax information”, substitute “, financial transaction reports information or AUSTRAC information as permitted under section 3EC of the Taxation Administration Act 1953 or section 128 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006.”. Law Enforcement Integrity Commissioner Act 2006 151 Subsection 5(1) (paragraph (a) of the definition of law enforcement secrecy provision) Repeal the paragraph, substitute: (a) Part 11 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006; or Privacy Act 1988 152 Before subsection 6E(1) Insert: Small business operator that is a reporting entity (1A) If a small business operator is a reporting entity (within the meaning of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006) because of anything done in the course of a small business carried on by the small business operator, this Act applies, with the prescribed modifications (if any), in relation to the activities carried on by the small business operator for the purpose of compliance with: (a) the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006; or (b) regulations or AML/CTF Rules under that Act; as if the small business operator were an organisation. > Note: The regulations may prescribe different modifications of the Act for different small business operators. See subsection 33(3A) of the Acts Interpretation Act 1901. Proceeds of Crime Act 2002 153 Subsection 29(3) After “Financial Transaction Reports Act 1988”, insert “or section 53, 59, 136, 137, 139, 140, 141, 142 or 143 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006”. 154 Paragraph 223(4)(b) Omit “Director” (wherever occurring), substitute “Chief Executive Officer”. 155 At the end of Part 6‑1 Add: