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Crimes Legislation Amendment (Proceeds of Crime and Other Measures) Bill 2015

Schedule 4 Secrecy and access of AUSTRAC information

   

Anti-Money Laundering and Counter-Terrorism Financing Act 2006

1  Section 5 (after paragraph (u) of the definition of designated agency )

Insert:

                  (uaa)  the Independent Commissioner Against Corruption of South Australia; or

2  Section 5 (definition of foreign law enforcement agency )

Repeal the definition, substitute:

foreign law enforcement agency means:

                     (a)  a government body that has responsibility for law enforcement in a foreign country or a part of a foreign country; or

                     (b)  the European Police Office (Europol); or

                     (c)  the International Criminal Police Organization (Interpol); or

                     (d)  an international body prescribed by the regulations for the purposes of this paragraph.

3  At the end of subsection 22(1)

Add:

             ; and (j)  in the case of the Independent Commissioner Against Corruption of South Australia:

                              (i)  a person appointed as the Independent Commissioner Against Corruption under the Independent Commissioner Against Corruption Act 2012 (SA) or acting in that office; and

                             (ii)  a person appointed as the Deputy Commissioner under that Act or acting in that office; and

                            (iii)  a person appointed as an examiner or investigator under that Act.

4  After paragraph 122(3)(b)

Insert:

                     (c)  the disclosure is for the purposes of, or in connection with, the performance of the duties of the entrusted investigating official (other than the Commissioner of Taxation or a taxation officer);

5  Application provision

Paragraph 122(3)(c) of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 , as inserted by this Schedule, applies in relation to the disclosure of information after the commencement of this item, whether the information was obtained before or after that commencement.