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ANTI-MONEY LAUNDERING AND COUNTER-TERRORISM FINANCING ACT 2006 - SECT 235 Protection from liability

ANTI-MONEY LAUNDERING AND COUNTER-TERRORISM FINANCING ACT 2006 - SECT 235

Protection from liability

  (1)   An action, suit or proceeding (whether criminal or civil) does not lie against:

  (a)   a person (the first person ); or

  (b)   an officer, employee or agent of the first person acting in the course of his or her office, employment or agency;

in relation to anything done, or omitted to be done, in good faith by the first person, officer, employee or agent:

  (c)   in carrying out an applicable customer identification procedure under this Act; or

  (d)   in fulfilment, or purported fulfilment, of a requirement under this Act not to commence to provide a designated service, or not to continue to provide a designated service; or

  (e)   in compliance, or in purported compliance, with any other requirement under:

  (i)   this Act; or

  (ii)   the regulations; or

  (iii)   the AML/CTF Rules.

  (2)   Subsection   (1) does not apply to the following proceedings:

  (a)   criminal proceedings for an offence against this Act or the regulations;

  (b)   section   175 proceedings for a contravention of a civil penalty provision;

  (c)   proceedings under the Proceeds of Crime Act 2002 that relate to this Act.