ANTI-MONEY LAUNDERING AND COUNTER-TERRORISM FINANCING ACT 2006 - SECT 92 Request to obtain information from a customer

ANTI-MONEY LAUNDERING AND COUNTER-TERRORISM FINANCING ACT 2006 - SECT 92

Scope

  (1)   This section applies to a reporting entity if:

  (a)   the reporting entity has adopted:

  (i)   a standard anti - money laundering and counter - terrorism financing program; or

  (ii)   a joint anti - money laundering and counter - terrorism financing program;

    that applies to the reporting entity; and

  (b)   the reporting entity is providing, or has provided, a designated service to a particular customer; and

  (c)   the reporting entity has reasonable grounds to believe that the customer has information that is likely to assist the reporting entity to comply with:

  (i)   Part A of the program; or

  (ii)   if the program has been varied on one or more occasions--Part A of the program as varied.

Request to give information

  (2)   The reporting entity may, by written notice given to the customer, request the customer to give the reporting entity, within the period and in the manner specified in the notice, any such information.

  (3)   The notice must set out the effect of subsection   (4).

Power to discontinue, restrict or limit provision of designated services

  (4)   If the customer does not comply with the request, the reporting entity may do any or all of following:

  (a)   refuse to continue to provide a designated service to the customer;

  (b)   refuse to commence to provide a designated service to the customer;

  (c)   restrict or limit the provision of a designated service to the customer;

until the customer provides the information covered by the request.

Protection from liability

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

  (a)   the reporting entity; or

  (b)   an officer, employee or agent of the reporting entity 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 reporting entity, officer, employee or agent in the exercise, or purported exercise, of the power conferred by subsection   (4).