Anti-Money Laundering and Countering Financing of Terrorism Act 2009

Subpart 2—Suspicious activity reports

Subpart 2: replaced, on 11 August 2017, by section 25 of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 (2017 No 35).

39A Interpretation

For the purposes of this subpart,—

service

(a)

means an activity that is carried out by a reporting entity; but

(b)

does not include an activity unless section 6(4) applies this Act to the reporting entity in relation to the activity

suspicious activity means an activity undertaken in circumstances—

(a)

in which—

(i)

a person conducts or seeks to conduct a transaction through a reporting entity; or

(ii)

a reporting entity provides or proposes to provide a service to a person; or

(iii)

a person requests a reporting entity to provide a service or makes an inquiry to the reporting entity in relation to a service; and

(b)

where the reporting entity has reasonable grounds to suspect that the transaction or proposed transaction, the service or proposed service, or the inquiry, as the case may be, is or may be relevant to—

(i)

the investigation or prosecution of any person for a money laundering offence; or

(ii)

the enforcement of the Misuse of Drugs Act 1975; or

(iii)

the enforcement of the Terrorism Suppression Act 2002; or

(v)

the investigation or prosecution of an offence (within the meaning of section 243(1) of the Crimes Act 1961).

Section 39A: inserted, on 11 August 2017, by section 25 of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 (2017 No 35).