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

Originating house
House of Representatives
Home Affairs


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  
Introduced and read a first time 12/11/20  
Second reading moved 12/11/20  
Second reading debate 10/12/20  
Second reading agreed to 10/12/20  
Committee of the Whole debate 10/12/20  
Third reading agreed to 10/12/20  
Finally passed both Houses 10/12/20  
Assent 17/12/20 Act no: 133 - Year: 2020

Text of bill

  • First reading

  • As passed by both Houses


Explanatory memoranda

  • Explanatory memorandum

  • Addendum to explanatory memorandum


Second reading speeches

Proposed amendments

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


Schedules of amendments

Bills Digest

  • 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
  • An electronic version of this Act is available on the Federal Register of Legislation (www.legislation.gov.au)