Commonwealth Consolidated Acts Commonwealth Consolidated Acts
1 Subsection 61(2)
After "affix", insert ", or arrange for another person to affix,".
2 Paragraph 62(2)(a)
After "notice", insert ", or communicate the information contained in the notice in the manner prescribed by the AML/CTF Rules,".
3 Paragraph 62(2)(b)
After "given", insert ", or cause to be communicated the information contained in the notice in the manner prescribed by the AML/CTF Rules,".
4 Subparagraphs 124(1)(a)(iv) and (1)(b)(iv) and (v)
After "subsection 49(1)", insert ", in so far as that subsection relates to a communication under section 41".
5 At the end of subsections 128(4) and (9)
Add:
; or (c) was obtained under section 16 of the Financial Transaction Reports Act 1988 .
6 After subsection 130(3)
Insert:
(3A) Paragraph ( 3)(a) does not apply to AUSTRAC information that:
(a) was obtained under section 41; or
(b) was obtained under section 49, in so far as that section relates to a communication under section 41; or
(c) was obtained under section 16 of the Financial Transaction Reports Act 1988 .
7 After subsection 131(3)
Insert:
(3A) Subsection ( 3) does not apply to AUSTRAC information that:
(a) was obtained under section 41; or
(b) was obtained under section 49, in so far as that section relates to a communication under section 41; or
(c) was obtained under section 16 of the Financial Transaction Reports Act 1988 .
8 Application
(1) The amendments of section 62 of the Anti - Money Laundering and Counter - Terrorism Financing Act 2006 made by this Schedule apply in relation to aircraft or ships leaving a place outside Australia on or after the commencement of this item.
(2) The amendment of section 124 of the Anti - Money Laundering and Counter - Terrorism Financing Act 2006 made by this Schedule applies in relation to court or tribunal proceedings instituted on or after the commencement of this item.
(3) The amendment of section 128 of the Anti - Money Laundering and Counter - Terrorism Financing Act 2006 made by this Schedule applies in relation to information obtained under section 16 of the Financial Transaction Reports Act 1988 before, on or after the commencement of this item.
(4) The amendments of sections 130 and 131 of the Anti - Money Laundering and Counter - Terrorism Financing Act 2006 made by this Schedule apply in relation to AUSTRAC information obtained before, on or after the commencement of this item.