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Bills of the current Parliament

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Anti-Money Laundering and Counter-Terrorism Financing and Other Legislation Amendment Bill 2019


Type
Government
Originating house
House of Representatives
Status
Before Senate
Portfolio
Home Affairs

Summary

Amends the: Anti-Money Laundering and Counter-Terrorism Financing Act 2006 to: expand the circumstances in which reporting entities may rely on customer identification and verification procedures undertaken by a third party; explicitly prohibit reporting entities from providing a designated service if customer identification procedures cannot be performed; prohibit financial institutions from entering into a correspondent banking relationship that permits its accounts to be used by a shell bank; require banks to conduct due diligence assessments before entering, and during, all correspondent banking relationships; and expand exceptions to the prohibition on tipping off to permit reporting entities to share suspicious matter reports and related information with external auditors and foreign members of corporate and designated business groups; Anti-Money Laundering and Counter-Terrorism Financing Act 2006 and Inspector-General of Intelligence and Security Act 1986 to replace existing 'designated agency' information sharing provisions (relating to the use and disclosure of AUSTRAC information) with a more general information sharing power; Anti-Money Laundering and Counter-Terrorism Financing Act 2006, Proceeds of Crime Act 2002 and Surveillance Devices Act 2004 to create a single reporting requirement for the cross-border movement of monetary instruments; Criminal Code Act 1995 to: clarify that the existence of one Commonwealth constitutional connector is sufficient to establish an instrument of crime offence; deem money or property provided by undercover law enforcement as part of a controlled operation to be the proceeds of crime for the purposes of prosecution; and provide for transitional arrangements; and Australian Federal Police Act 1979 to create a new offence of dishonestly representing conferral of police awards.

Progress of bill

For committee reference information, please see the Notes section at the end of this page.

House of Representatives
Introduced and read a first time 17/10/19  
Second reading moved 17/10/19  
Second reading debate 11/11/20  
Second reading agreed to 11/11/20  
Third reading agreed to 11/11/20  
     
Senate
Introduced and read a first time 12/11/20  
Second reading moved 12/11/20  
     

Text of bill

  • First reading

MS-Word PDF HTML

Explanatory memoranda

  • Explanatory memorandum

MS-Word PDF HTML
  • Addendum to explanatory memorandum

MS-Word PDF HTML

Second reading speeches


Proposed amendments

Senate
  • Australian Greens [sheet 1085 revised]
MCKIM, Sen Nick

MS-Word PDF HTML

Schedules of amendments

Bills Digest



Notes
  • Considered by scrutiny committee (13/11/2019): Senate Standing Committee for the Scrutiny of Bills; Scrutiny Digest 10 of 2019
  • Referred to Committee (14/11/2019): Senate Legal and Constitutional Affairs Legislation Committee; Committee report (10/03/2020)
  • Considered by scrutiny committee (05/02/2020): Parliamentary Joint Committee on Human Rights; Report 4 of 2020