Anti-Money Laundering and Countering Financing of Terrorism Act 2009

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46 Disclosure of information relating to suspicious activity reports

(1)

This section and section 47 apply in respect of the following information:

(a)

any suspicious activity report:

(b)

any information the disclosure of which will identify, or is reasonably likely to identify, any person—

(i)

as a person who, in his or her capacity as an officer or employee of a reporting entity, has handled a transaction in respect of which a suspicious activity report was made; or

(ii)

as a person who has prepared a suspicious activity report; or

(iii)

as a person who has made a suspicious activity report:

(c)

any information that discloses, or is reasonably likely to disclose, the existence of a suspicious activity report.

(2)

A reporting entity must not disclose information to which this section relates to any person except—

(a)

a Police employee who is authorised by the Commissioner to receive the information; or

(b)

the reporting entity’s AML/CFT supervisor; or

(c)

an officer or employee of the reporting entity, for any purpose connected with the performance of that person’s duties; or

(d)

a lawyer, for the purpose of obtaining legal advice or representation in relation to the matter; or

(e)

another member of a designated business group of which the reporting entity is a member, to the extent necessary for the reporting entity to decide whether to make a suspicious activity report.

(3)

A Police employee may disclose information to which this section applies only for law enforcement purposes.

(4)

An AML/CFT supervisor may disclose information to which this section applies only to the Police for law enforcement purposes.

(5)

A person to whom a function or power has been delegated under section 134 may disclose information to which this section applies only to the AML/CFT supervisor that made the delegation.

(6)

A person (person A) referred to in subsection (2)(c) to whom disclosure of any information to which that subsection applies has been made must not disclose that information except to another person of the kind referred to in that subsection for the purpose of—

(a)

the performance of person A’s duties; or

(b)

obtaining legal advice or representation in relation to the matter.

(7)

A person referred to in subsection (2)(d) to whom disclosure of any information to which that subsection applies has been made must not disclose that information except to a person of the kind referred to in that subsection for the purpose of giving legal advice or making representations in relation to the matter.

(8)

Any other person who has information to which this section applies may disclose that information only to the Police for law enforcement purposes.

Section 46: replaced, on 11 August 2017, by section 25 of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 (2017 No 35).