ANTI-MONEY LAUNDERING AND COUNTER-TERRORISM FINANCING ACT 2006 - SECT 136 False or misleading information

ANTI-MONEY LAUNDERING AND COUNTER-TERRORISM FINANCING ACT 2006 - SECT 136

  (1)   A person commits an offence if:

  (a)   the person gives information to:

  (i)   the AUSTRAC CEO; or

  (ii)   an authorised officer; or

  (iii)   a customs officer; or

  (iv)   a police officer; or

  (v)   a reporting entity; or

  (vi)   a person acting on a reporting entity's behalf; and

  (b)   the person does so knowing that the information:

  (i)   is false or misleading; or

  (ii)   omits any matter or thing without which the information is misleading; and

  (c)   the information is given, or purportedly given, under:

  (i)   this Act; or

  (ii)   a provision of the regulations or of the AML/CTF Rules, if the regulations or Rules (as applicable) state that this section applies to that provision.

Penalty:   Imprisonment for 10 years or 10,000 penalty units, or both.

  (2)   Subsection   (1) does not apply as a result of subparagraph   (1)(b)(i) if the information is not false or misleading in a material particular.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (2) (see subsection   13.3(3) of the Criminal Code ).

  (3)   Subsection   (1) does not apply as a result of subparagraph   (1)(b)(ii) if the information did not omit any matter or thing without which the information is misleading in a material particular.

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

  (4)   Strict liability applies to the paragraph   (1)(c) element of the offence.

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