Anti-Money Laundering and Countering Financing of Terrorism Act 2009

41 Nature of suspicious activity report

(1)

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

(a)

be in the prescribed form (if any); and

(b)

contain the details prescribed by regulations; and

(c)

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

(d)

be signed by a person authorised by the reporting entity to sign suspicious activity reports (unless the report is forwarded by electronic means); and

(e)

be forwarded, in writing, to the Commissioner—

(i)

by way of secure electronic transmission by a means specified or provided by the Commissioner for that purpose; or

(ii)

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—

(a)

any specified Police employee; or

(b)

Police employees of any specified rank or class; or

(c)

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

Section 41: replaced, on 11 August 2017, by section 25 of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 (2017 No 35).