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Anti-Money Laundering and Countering Financing of Terrorism Act 2009

AML/CFT requirements and compliance - Suspicious activity reports

41: Nature of suspicious activity report

You could also call this:

"What to include in a suspicious activity report"

Illustration for Anti-Money Laundering and Countering Financing of Terrorism Act 2009

When you make a suspicious activity report, it must be in a certain form. You need to include details that are prescribed by regulations. You also need to explain why you are suspicious, as outlined in section 39A. You must sign the report, unless you send it electronically. You can send the report to the Commissioner using a secure electronic method or another method you agree on. If it's an emergency, you can make an oral report to a Police employee, but you must send a written report within three working days. The Commissioner decides who can receive these reports. You can send the report by fax, email, or another method that you and the Commissioner agree on.

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Part 2AML/CFT requirements and compliance
Suspicious activity reports

41Nature of suspicious activity report

  1. Except as provided in subsection (2), a report under section 40 must—

  2. be in the prescribed form (if any); and
    1. contain the details prescribed by regulations; and
      1. contain a statement of the grounds on which the reporting entity holds the suspicions referred to in paragraph (b) of the definition of suspicious activity in section 39A; and
        1. be signed by a person authorised by the reporting entity to sign suspicious activity reports (unless the report is forwarded by electronic means); and
          1. be forwarded, in writing, to the Commissioner—
            1. by way of secure electronic transmission by a means specified or provided by the Commissioner for that purpose; or
              1. by another means (including, without limitation, by way of transmission by fax or email) that may be agreed from time to time between the Commissioner and the reporting entity concerned.

              2. If the urgency of the situation requires, a suspicious activity report may be made orally to any Police employee authorised for the purpose by the Commissioner, but in any such case the reporting entity must, as soon as practicable but no later than 3 working days after forming its suspicions, forward to the Commissioner a suspicious activity report that complies with the requirements in subsection (1).

              3. The Commissioner may confer the authority to receive a suspicious activity report under subsection (2) on—

              4. any specified Police employee; or
                1. Police employees of any specified rank or class; or
                  1. any Police employee or Police employees for the time being holding any specified office or specified class of offices.

                    Notes
                    • Section 41: replaced, on , by section 25 of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 (2017 No 35).