ANTI-MONEY LAUNDERING AND COUNTER-TERRORISM FINANCING ACT 2006 - SECT 127 Disclosure of AUSTRAC information to foreign countries or agencies

ANTI-MONEY LAUNDERING AND COUNTER-TERRORISM FINANCING ACT 2006 - SECT 127

AUSTRAC CEO

  (1)   The AUSTRAC CEO may disclose AUSTRAC information to the government of a foreign country, or to a foreign agency, if the AUSTRAC CEO is satisfied that:

  (a)   where the AUSTRAC CEO considers it appropriate, the government of the foreign country, or the foreign agency, has given an undertaking for:

  (i)   protecting the confidentiality of the information; and

  (ii)   controlling the use that will be made of the information; and

  (iii)   ensuring that the information will be used only for the purpose for which it is disclosed to the government of the foreign country or to the foreign agency; and

  (b)   it is appropriate, in all the circumstances of the case, to do so.

Commonwealth, State or Territory agencies

  (2)   A person who is:

  (a)   the head (however described) of a Commonwealth, State or Territory agency referred to in subsection   (3); or

  (b)   covered by an authorisation under subsection   (4);

may disclose AUSTRAC information to the government of a foreign country, or to a foreign agency, if the person is satisfied that:

  (c)   the government of the foreign country, or the foreign agency, has given an undertaking for:

  (i)   protecting the confidentiality of the information; and

  (ii)   controlling the use that will be made of the information; and

  (iii)   ensuring that the information will be used only for the purpose for which it is disclosed to the government of the foreign country or to the foreign agency; and

  (d)   it is appropriate, in all the circumstances of the case, to do so.

List of agencies, authorities, bodies or organisations of the Commonwealth

  (3)   For the purposes of this section, the Commonwealth, State or Territory agencies are the following:

  (a)   the Department;

  (b)   the Attorney - General's Department;

  (c)   the Department of Foreign Affairs and Trade;

  (d)   the Australian Federal Police;

  (e)   the Australian Crime Commission;

  (f)   the Australian Prudential Regulation Authority;

  (g)   the Australian Securities and Investments Commission;

  (h)   the Australian Taxation Office;

  (i)   ASIO;

  (j)   ASIS;

  (k)   ASD;

  (l)   AGO;

  (m)   DIO;

  (n)   ONI;

  (o)   any other agency, authority, body or organisation of the Commonwealth that is prescribed by the AML/CTF Rules.

Note:   See also the definition of agency in section   5.

Authorisations

  (4)   For the purposes of paragraph   (2)(b), the head (however described) of a Commonwealth, State or Territory agency referred to in subsection   (3) may, in writing, authorise an official of the Commonwealth, State or Territory agency.

Note:   For variation and revocation, see subsection   33(3) of the Acts Interpretation Act 1901 .

  (5)   An authorisation under subsection   (4) is not a legislative instrument.