After
"financial institution", insert "or a real estate agent acting in the ordinary
course of real estate business".
"prescribed commercial instrument" means:
- (a)
- a cheque, bill of exchange, promissory note or other like instrument
creating an entitlement to currency; or
- (b)
- any instrument (including an electronic instrument) that is declared to be
a prescribed commercial instrument for the purposes of this definition.
3A After paragraph 15(1)(b)
Insert:
and (c) a report in respect of the transfer has not been given in accordance
with this section;
3B Subsection 15(1)
Omit "unless a report in respect of the transfer has been
given in accordance with this section".
3C After subsection 15(1)
Insert:
- (1A)
- Strict liability applies to paragraph (1)(c).
Note: For strict liability , see section 6.1 of the Criminal Code .
3D After paragraph 15(5)(b)
Insert:
and (c) a report in respect of the transfer of the currency into Australia has
not been made in accordance with subsection (1) before the transfer; and
- (d)
- a report in respect of the receipt of currency is not given in accordance
with this section before the end of the period of 30 days commencing on the
day of the receipt of the currency;
3E Subsection 15(5)
Omit all the words from and including "unless".
3F After
subsection 15(5)
Insert:
- (5A)
- Strict liability applies to
paragraphs (5)(c) and (d).
Note: For strict liability , see section 6.1 of the Criminal Code .
4 At the end of Division 4 of Part II
Insert:
17J Information
provided to AUSTRAC from a foreign country
For the purposes of this Act, information concerning a specific financial
transaction that is received by AUSTRAC as a result of a request to a foreign
country or to an agency of a foreign country is taken to have been obtained
under this Act.
Note: The heading to section 17H is altered by omitting "other law" and
substituting "another law of the Commonwealth or a law of a State or
Territory".
5 After subsection 27(1A)
Insert:
- (1B)
- Despite
paragraph (1)(b), the Director may only authorise the Queensland Crime
Commission or the Anti-Corruption Commission of Western Australia under that
paragraph if the Commission undertakes that it will comply with the
information privacy principles set out in section 14 of the Privacy Act
1988 in respect of FTR information obtained under the authorisation.
6 At the end of subsection 27(16)
Add:
; and (h) the Queensland Crime Commission; and
- (i)
- the Anti-Corruption Commission of Western Australia.
7 At the end of subsection 27(17)
Add:
; and (t) the Crime Commissioner, or an Assistant Crime Commissioner, of the
Queensland Crime Commission; and
- (u)
- a member of the staff of that Commission; and
- (v)
- a member of the Anti-Corruption Commission of Western Australia; and
- (w)
- a member of the staff of that Commission.
8 After subsection 27C(2)
Insert:
- (2A)
- For the purpose of monitoring the
compliance of a cash dealer who is an approved cash carrier with the
record-keeping obligations referred to in section 8, the officer may
inspect:
- (a)
- records containing reportable details (within the meaning of that section)
of significant cash transactions to which the cash dealer is a party that are
kept at, or accessible from, the premises; and
- (b)
- any system used by the dealer at those premises for keeping such records.
MEASURES TO COMBAT SERIOUS AND ORGANISED CRIME ACT 2001
No. 136, 2001
Schedule
7Pardons, quashed convictions and spent convictions
Crimes Act 1914
1 Section 85ZL (paragraph (e) of the definition of
law enforcement agency)
Repeal the paragraph, substitute:
- (e)
- the CrimTrac
Agency;
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