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Anti-Money Laundering and Countering Financing of Terrorism Act 2009

Enforcement - Offences - Offences relating to suspicious activity reports and prescribed transaction reports

94: Unlawful disclosure of suspicious activity reports or prescribed transaction reports

You could also call this:

"Keeping quiet about suspicious money reports is the law"

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

You commit an offence if you break the rules in section 46 to get an advantage or money for yourself or someone else. You also commit an offence if you break the rules to stop an investigation into money laundering or terrorism. If you work for a company that reports suspicious activities, you must keep that information secret. You commit an offence if you tell someone about an investigation into suspicious activities when you are not allowed to. This includes telling someone to get an advantage or money for yourself or someone else. You also commit an offence if you tell someone to stop an investigation into money laundering or terrorism. If you are an officer or employee of a company that reports suspicious activities, you must not tell anyone about an investigation. This is because you have a duty to keep that information secret. You can get in trouble if you break this rule.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2140975.

Topics:
Money and consumer rights > Consumer protectionCrime and justice > Criminal lawCrime and justice > Police and safety
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93: Providing false or misleading information in connection with suspicious activity reports or prescribed transaction reports, or

"Telling lies or hiding truth when reporting suspicious activities"

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95: Failure to keep or retain adequate records relating to suspicious activities or prescribed transactions, or

"Breaking the law by not keeping proper records of suspicious activities"

Part 3Enforcement
Offences: Offences relating to suspicious activity reports and prescribed transaction reports

94Unlawful disclosure of suspicious activity reports or prescribed transaction reports

  1. A person commits an offence who contravenes section 46—

  2. for the purpose of obtaining, directly or indirectly, an advantage or a pecuniary gain for that person or any other person; or
    1. with intent to prejudice any investigation into—
      1. the commission or possible commission of a money laundering offence; or
        1. the financing of terrorism or the possible financing of terrorism.

        2. A person commits an offence who—

        3. is an officer or employee or a former officer or employee of a reporting entity, a person appointed as an AML/CFT compliance officer under section 56(3), or an auditor for a reporting entity; and
          1. has become aware, or became aware, in the course of that person’s duties as such an officer or employee, that any investigation into any activity or proposed activity that is the subject of a suspicious activity report or a prescribed transaction report is being, or may be, conducted by the Police; and
            1. knows that he or she is not legally authorised to disclose the information; and
              1. discloses that information to any other person—
                1. for the purpose of obtaining, directly or indirectly, an advantage or a pecuniary gain for that person or any other person; or
                  1. with intent to prejudice any investigation into—
                    1. the commission or possible commission of a money laundering offence; or
                      1. the financing of terrorism or the possible financing of terrorism.

                    Compare
                    Notes
                    • Section 94 heading: amended, on , by section 37(1) of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 (2017 No 35).
                    • Section 94 heading: amended, on , by section 16(1) of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2015 (2015 No 96).
                    • Section 94(2)(b): amended, on , by section 37(2) of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 (2017 No 35).
                    • Section 94(2)(b): amended, on , by section 16(2) of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2015 (2015 No 96).