Commonwealth Consolidated Acts

ANTI-MONEY LAUNDERING AND COUNTER-TERRORISM FINANCING ACT 2006 - SECT 61

Scope

  (1)   This section applies to a written notice:

  (a)   that relates to reporting obligations under this Part; and

  (b)   the form and contents of which are specified in the AML/CTF Rules.

Power to affix notices

  (2)   A customs officer may affix, or arrange for another person to affix, one or more notices:

  (a)   on any part of an aircraft or ship; or

  (b)   in any other place specified in the AML/CTF Rules.

Offence

  (3)   A person commits an offence if:

  (a)   a notice has been affixed under this section; and

  (b)   the person engages in conduct; and

  (c)   the person's conduct results in:

  (i)   interference with the notice; or

  (ii)   the removal of the notice; or

  (iii)   defacement of the notice.

Penalty:   50 penalty units.

  (4)   Subsection   (3) does not apply if the person's conduct is authorised by the AUSTRAC CEO or the Comptroller - General of Customs.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (4) (see subsection   13.3(3) of the Criminal Code ).

  (5)   An offence against subsection   (3) is an offence of strict liability.

Note:   For strict liability , see section   6.1 of the Criminal Code .