Anti-Money Laundering and Countering Financing of Terrorism Act 2009

Offences relating to suspicious activity reports and prescribed transaction reports

Heading: replaced, on 1 July 2017, by section 13 of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2015 (2015 No 96).

Heading: amended, on 11 August 2017, by section 34 of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 (2017 No 35).

92 Failing to report suspicious activity

(1)

A reporting entity commits an offence if—

(a)

an activity is conducted or is sought to be conducted through the reporting entity; and

(b)

the reporting entity has reasonable grounds to suspect that the activity or the proposed activity is or may be—

(i)

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

(ii)

relevant to the enforcement of the Misuse of Drugs Act 1975; or

(iii)

relevant to the enforcement of the Terrorism Suppression Act 2002; or

(iv)

relevant to the enforcement of the Proceeds of Crime Act 1991 or the Criminal Proceeds (Recovery) Act 2009; or

(v)

relevant to the investigation or prosecution of an offence within the meaning of section 243(1) of the Crimes Act 1961; and

(c)

the reporting entity fails to report the activity or the proposed activity to the Commissioner as soon as practicable, but no later than 3 working days, after forming that suspicion.

(2)

It is a defence to a prosecution under this section if a reporting entity believes on reasonable grounds that the documents or information relating to the activity were privileged communications.

Compare: 1996 No 9 s 22(1)

Section 92 heading: amended, on 11 August 2017, by section 35(1) of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 (2017 No 35).

Section 92(1)(a): amended, on 11 August 2017, by section 35(2) of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 (2017 No 35).

Section 92(1)(b): amended, on 11 August 2017, by section 35(3) of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 (2017 No 35).

Section 92(1)(b)(iv): amended, on 12 December 2012, by section 6 of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2012 (2012 No 98).

Section 92(1)(b)(v): amended, on 1 July 2017, by section 14 of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2015 (2015 No 96).

Section 92(1)(c): amended, on 11 August 2017, by section 35(4) of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 (2017 No 35).

Section 92(2): inserted, on 11 August 2017, by section 35(5) of the Anti-Money Laundering and Countering Financing of Terrorism Amendment Act 2017 (2017 No 35).