Northern Territory Consolidated Acts

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FINANCIAL TRANSACTION REPORTS ACT - SECT 6

Reports by cash dealers of suspect transactions not reported under FTR Act or AMLCTF Act

    (1)     This section applies if:

        (a)     a cash dealer is a party to a transaction; and

        (b)     the cash dealer has reasonable grounds to suspect that information that the cash dealer has concerning the transaction:

            (i)     may be relevant to the investigation of, or prosecution of a person for, an offence against the law of the Territory; or

            (ii)     may be of assistance in the enforcement of the Criminal Property Forfeiture Act ; and

        (c)     the cash dealer is not required to report the transaction under:

            (i)     Part II, Division 2 of the FTR Act; or

            (ii)     if the cash dealer is a reporting entity – Part 3, Division 2, 3 or 4 of the AMLCTF Act;

    and whether or not the cash dealer is required to report the transaction under Part II, Division 1 of the FTR Act.

    (2)     The cash dealer must, as soon as practicable after forming the suspicion mentioned in subsection (1)(b), prepare a report of the transaction and communicate the information contained in it to the AUSTRAC CEO.

Maximum penalty:     85 penalty units or imprisonment for 2 years.

    (3)     The report must:

        (a)     be in the form approved by the AUSTRAC CEO for the purposes of section 41 of the AMLCTF Act; and

        (b)     contain the reportable details of the transaction; and

        (c)     contain a statement of the grounds on which the cash dealer holds the suspicion mentioned in subsection (1)(b); and

        (d)     be signed by the cash dealer.

    (4)     The communication to the AUSTRAC CEO of the information contained in the report must be made:

        (a)     by giving the AUSTRAC CEO a copy of the report; or

        (b)     in another way approved by the AUSTRAC CEO.



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