Anti-Money Laundering and Countering Financing of Terrorism Act 2009

36 Protection of personal information and designated business groups

(1)

This section applies to personal information that is either—

(a)

identity or verification information received for the purposes of section 32(1)(a); or

(b)

information received for the purposes of section 32(1)(b).

(2)

Any information supplied by any member of a designated business group to another member of that group must be subject to privacy protections at least equivalent to those set out in information privacy principles 5 to 12 set out in section 22 of the Privacy Act 2020.

(3)

Each member of the designated business group must agree, in writing, to comply with information privacy principles 5 to 12 set out in section 22 of the Privacy Act 2020 or their equivalent if the member is resident overseas.

(4)

The entity that provides information to another member of its designated business group remains responsible for the use or disclosure of that information.

(5)

A reporting entity may use or disclose information to which this section applies only as follows:

(a)

it may use identity and verification information received for the purposes of section 32(1)(a) in a suspicious activity report:

(b)

it may disclose information for the purposes of section 32(1)(b) to another member of the designated business group unless such disclosure is likely to result in a suspicious activity report being filed in an overseas jurisdiction by the member to whom the information is disclosed.

Section 36(2): amended, on 1 December 2020, by section 217 of the Privacy Act 2020 (2020 No 31).

Section 36(3): amended, on 1 December 2020, by section 217 of the Privacy Act 2020 (2020 No 31).

Section 36(5)(a): amended, on 11 August 2017, by section 23(1) of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 (2017 No 35).

Section 36(5)(b): amended, on 11 August 2017, by section 23(2) of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 (2017 No 35).