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Anti-Money Laundering and Countering Financing of Terrorism Act 2009

Institutional arrangements and miscellaneous provisions - Institutional arrangements - Financial intelligence functions of Commissioner

145: Guidelines relating to reporting of suspicious activities

You could also call this:

"Rules for Reporting Suspicious Activities to Help Stop Money Laundering and Terrorism"

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

The Commissioner must create guidelines for reporting suspicious activities. You need to know what features of a transaction or activity may indicate it is suspicious. The guidelines will help you understand when to report suspicious activities. The Commissioner will decide how to share these guidelines with you. The guidelines may be different for different types of businesses or activities. The Commissioner can change or cancel these guidelines at any time. The guidelines will explain when you can report suspicious activities orally, as stated in section 41(2). They will also explain the procedures for making oral reports. The guidelines will relate to laws such as the Misuse of Drugs Act 1975, the Terrorism Suppression Act 2002, and the Proceeds of Crime Act 1991. These laws help prevent money laundering and terrorism financing. The guidelines are an important part of this effort.

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Topics:
Money and consumer rights > Consumer protectionCrime and justice > Criminal lawCrime and justice > Police and safety
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"The Commissioner can share some of their powers with a senior police officer."

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146: Consultation on proposed guidelines, or

"Asking for opinions on new guidelines to help stop money laundering"

Part 4Institutional arrangements and miscellaneous provisions
Institutional arrangements: Financial intelligence functions of Commissioner

145Guidelines relating to reporting of suspicious activities

  1. Subject to section 146, the Commissioner must issue, in respect of each kind of reporting entity to which this Act applies, guidelines—

  2. setting out any features of a transaction or other activity that may give rise to a suspicion that the transaction or other activity is or may be—
    1. relevant to the investigation or prosecution of any person for a money laundering offence; or
      1. relevant to the enforcement of the Misuse of Drugs Act 1975; or
        1. relevant to the enforcement of the Terrorism Suppression Act 2002; or
          1. relevant to the enforcement of the Proceeds of Crime Act 1991 or the Criminal Proceeds (Recovery) Act 2009; or
            1. relevant to the investigation or prosecution of an offence within the meaning of section 243(1) of the Crimes Act 1961; and
            2. setting out any circumstances in which a suspicious activity report relating to such an activity may be made orally in accordance with section 41(2), and the procedures for making such an oral report.

              1. Suspicious transaction or other activity guidelines must be issued in such manner as the Commissioner from time to time determines.

              2. The Commissioner may issue an amendment or revocation of any suspicious transaction or other activity guidelines.

              3. Without limiting subsection (1), suspicious transaction or other activity guidelines issued under this section may relate to 1 or more kinds of reporting entities, and such guidelines may make different provision for different kinds of reporting entities and different kinds of transactions or other activities.

              Compare
              Notes
              • Section 145 heading: amended, on , by section 56(1) of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 (2017 No 35).
              • Section 145(1)(a): amended, on , by section 56(2)(a) of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 (2017 No 35).
              • Section 145(1)(a): amended, on , by section 56(2)(b) of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 (2017 No 35).
              • Section 145(1)(a)(v): amended, on , by section 24 of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2015 (2015 No 96).
              • Section 145(1)(b): amended, on , by section 56(3) of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 (2017 No 35).
              • Section 145(2): amended, on , by section 56(4) of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 (2017 No 35).
              • Section 145(3): amended, on , by section 56(5) of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 (2017 No 35).
              • Section 145(4): amended, on , by section 56(6)(a) of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 (2017 No 35).
              • Section 145(4): amended, on , by section 56(6)(b) of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 (2017 No 35).