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Combating the Financing of People Smuggling and Other Measures Bill 2011

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2010 - 2011

 

 

 

 

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

 

 

SENATE

 

 

 

 

 

COMBATING THE FINANCING OF PEOPLE SMUGGLING AND OTHER MEASURES BILL 2011

 

 

 

 

 

 

 

ADDENDUM TO THE

EXPLANATORY MEMORANDUM

 

 

 

 

 

 

 

(Circulated by authority of the Minister for Justice,

the Honourable Brendan O’Connor, MP)

 



 

SCHEDULE 1 - ITEM 12 (p 92)

Paragraph 2, after the second sentence insert the following sentence:

 

The intention is to capture the infrastructure provider of the network and not the sub-agents who facilitate a commercial relationship between the remittance network provider and the person providing the item 31 or 32 service.

 

SCHEDULE 1 - ITEM 31 - 75A Remittance sector register (p 97)

At the end of the paragraph, insert:

 

Similarly, a person may be registered as both a remittance network provider and an independent remittance dealer.  In this situation the person in their capacity as an independent dealer would use the same platform to carry out their item 31 or item 32 services as what is offered to their remittance affiliates. 

 

SCHEDULE 1 - ITEM 31 - 75M REGISTERED PERSONS TO ADVISE OF MATERIAL CHANGES IN CIRCUMSTANCE (p102)

After paragraph 1, insert a new paragraph:

 

The AUSTRAC CEO may also make AML/CTF Rules specifying additional matters which remittance network providers and remittance dealers must notify AUSTRAC about.  This will allow the AUSTRAC CEO to respond to any changes in the structure and nature of the regulated sector.  AML/CTF Rules are developed in consultation with regulated entities and are disallowable instruments that must be registered on the Federal Register of Legislative Instruments. 

 

SCHEDULE 3 - ITEM 6 (p114)

After paragraph 6, insert a new paragraph:

 

The offences in sections 35H and 35K reflect similar offences in the Privacy Act 1988 in relation to the access, use and disclosure of personal information by credit reporting agencies.  The defence included in sections 35H and 35K is an acknowledgement that there are instances where access, use or disclosure is justified.  Placing an evidential burden of proof on the defendant is appropriate as the individual concerned will have particular knowledge as to whether the defence applies and would be able to raise evidence about how access, use or disclosure was authorised.

 

SCHEDULE 4 - ITEM 1 (p117)

After the second paragraph, insert a new paragraph:

 

The exemption instrument in section 41A is not a legislative instrument within the meaning of section 5 of the Legislative Instruments Act 2003 (LIA) as it applies the law in a particular case rather than determining or altering the content of the law.  As such, the instrument does not need to be tabled in Parliament and is not subject to disallowance by either House.  Proposed subsection 41A(5) has been included to assist readers and is not reflective of a substantive exemption from the LIA.