ANTI-MONEY LAUNDERING AND COUNTER-TERRORISM FINANCING ACT 2006 - SECT 184 When an infringement notice can be given

ANTI-MONEY LAUNDERING AND COUNTER-TERRORISM FINANCING ACT 2006 - SECT 184

  (1)   If an authorised officer, a customs officer or a police officer has reasonable grounds to believe that a person has contravened an infringement notice provision, the officer may give the person an infringement notice relating to the contravention.

  (1A)   An infringement notice provision means any of the following provisions:

  (aaaa)   a designated infringement notice provision (see subsection   (4));

  (aaa)   subsection   51B(1) (which deals with the requirement for reporting entities to enrol on the Reporting Entities Roll);

  (aa)   subsection   51F(1) (which deals with reporting entities notifying changes of their enrolment details);

  (a)   subsection   53(2) (which deals with reports about movements of monetary instruments);

  (c)   subsections   74(1), (1A), (1B) and (1C) (which deal with providing certain remittance services if unregistered or in breach of a condition of registration);

  (d)   subsection   75M(1) (which deals with notifying the AUSTRAC CEO of certain matters);

  (e)   subsections   76A(1) and (2) (which deal with providing certain digital currency exchange services without being registered);

  (f)   subsection   76P(1) (which deals with notifying the AUSTRAC CEO of certain matters).

  (1B)   Despite subsection   (1), an infringement notice relating to the alleged contravention of a designated infringement notice provision may only be given to a person by an authorised officer.

  (1C)   An authorised officer must not issue an infringement notice relating to a contravention of subsection   32(1), 41(2), 43(2), 45(2) or 49(2) unless the authorised officer considers that issuing such a notice is appropriate in the particular case after taking into account:

  (a)   the nature and extent of the contravention; and

  (b)   the seriousness of the contravention; and

  (c)   the circumstances in which the contravention took place; and

  (d)   any other matter the authorised officer considers to be relevant.

  (2)   The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.

  (3)   If a customs officer or a police officer issues an infringement notice, the officer must, within 5 business days after the day of issue of the infringement notice, forward a copy of the infringement notice to the AUSTRAC CEO.

  (4)   In this Act:

"designated infringement notice provision" means any of the following provisions:

  (a)   subsection   32(1) (which deals with customer identification procedures to be carried out by reporting entities);

  (b)   subsection   41(2) (which deals with reporting certain suspicious matters);

  (c)   subsection   43(2) (which deals with reporting a threshold transaction);

  (d)   subsection   45(2) (which deals with reporting an international funds transfer instruction);

  (e)   subsection   47(2) (which deals with reporting on compliance with the Act and other instruments);

  (f)   subsection   49(2) (which deals with providing further information on request);

  (g)   subsection   116(2), (3) or (4) (which deal with making and retaining certain records).