ANTI-MONEY LAUNDERING AND COUNTER-TERRORISM FINANCING ACT 2006 - SECT 139 Providing a designated service using a false customer name or customer anonymity

ANTI-MONEY LAUNDERING AND COUNTER-TERRORISM FINANCING ACT 2006 - SECT 139

  (1)   A person commits an offence if:

  (a)   the person is a reporting entity; and

  (b)   the person commences to provide a designated service; and

  (c)   the person does so using a false customer name; and

  (d)   at least one provision of Division   2, 3 or 4 of Part   2 applies to the provision of the designated service.

Penalty:   Imprisonment for 2 years or 120 penalty units, or both.

  (2)   Strict liability applies to the paragraph   (1)(d) element of the offence.

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

  (2A)   Paragraph   (1)(c) does not apply to a false customer name if the customer's use of that name is justified, or excused, by or under a law.

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

  (3)   A person commits an offence if:

  (a)   the person is a reporting entity; and

  (b)   the person commences to provide a designated service; and

  (c)   the person does so on the basis of customer anonymity; and

  (d)   at least one provision of Division   2, 3 or 4 of Part   2 applies to the provision of the designated service.

Penalty:   Imprisonment for 2 years or 120 penalty units, or both.

  (4)   Strict liability applies to the paragraph   (3)(d) element of the offence.

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