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Anti-Money Laundering and Countering Financing of Terrorism Act 2009

Enforcement - Offences - Offences relating to cross-border transportation of cash

109: Defence

You could also call this:

"It's not your fault if something unexpected happens and you can't report cash on time"

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

If you break the rules about reporting cash, you might have a defence. You can say it was not your fault if something unexpected happened. You must have reported the cash as soon as you could after it happened.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2140992.

Topics:
Money and consumer rights > Consumer protectionBusiness > Industry rules
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108: Structuring cross-border transportation to avoid application of AML/CFT requirements, or

"Breaking rules by planning trips to hide money from anti-money laundering laws"

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110: Providing false or misleading information in connection with cash report, or

"It's against the law to give false information on purpose when reporting cash."

Part 3Enforcement
Offences: Offences relating to cross-border transportation of cash

109Defence

  1. It is a defence to an offence under section 106 or 107 in relation to a failure to make or cause to be made a cash report to a Customs officer under section 70(d) if the defendant proves that—

  2. the failure was due to some emergency or to any other circumstances outside the reasonable control of the defendant; and
    1. the defendant made or caused to be made a report in respect of that cash as soon as practicable after the obligation to make the report arose.

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