Commonwealth Numbered Acts Commonwealth Numbered Acts
Anti - Money Laundering and Counter - Terrorism Financing Act 2006
1 Section 5
Insert:
"legal professional privilege" includes privilege under Division 1 of Part 3.10 of the Evidence Act 1995 .
"LPP form" , in relation to information or a document, means a written notice that:
(a) is in an approved form; and
(b) specifies the basis on which the information or document is privileged from being given or produced on the ground of legal professional privilege; and
(c) contains any other information required by the approved form; and
(d) is accompanied by any documents required by the approved form.
2 After subsection 26Q(2)
Insert:
(2A) If:
(a) a person is given a notice under subsection (1) in relation to one or more documents; and
(b) the person reasonably believes that the documents are privileged from being produced on the ground of legal professional privilege;
the person must give the AUSTRAC CEO an LPP form in relation to the documents within the period specified in the request.
Note: For other provisions dealing with legal professional privilege, see sections 242 and 242A.
3 Subsection 26Q(3)
Repeal the subsection, substitute:
(3) Subsections (2) and (2A) are civil penalty provisions.
4 Paragraph 41(2)(a)
After "applies", insert "and paragraph (aa) of this subsection does not apply".
5 After paragraph 41(2)(a)
Insert:
(aa) if:
(i) paragraph (1)(d), (e), (f), (i) or (j) applies; and
(ii) the reporting entity reasonably believes that some (but not all) of the information required to be contained in the report may be privileged from being given on the ground of legal professional privilege; and
(iii) the privilege, if it exists, belongs to a person other than the reporting entity;
5 business days after the day on which the reporting entity forms the relevant suspicion; or
6 After subsection 41(2)
Insert:
(2A) Despite subsection (2), the reporting entity may refuse to give the AUSTRAC CEO a report about the matter if the reporting entity reasonably believes that all of the information comprising the grounds on which the reporting entity holds the relevant suspicion is privileged from being given on the ground of legal professional privilege.
Note: For other provisions dealing with legal professional privilege, see sections 242 and 242A.
7 After paragraph 41(3)(a)
Insert:
(aa) if the reporting entity reasonably believes that some (but not all) of the information required to be contained in the report about the matter is privileged from being given on the ground of legal professional privilege--be accompanied by an LPP form in relation to the information; and
8 At the end of subsection 41(3)
Add:
Note 3: For other provisions dealing with legal professional privilege, see sections 242 and 242A.
9 After paragraph 43(3)(a)
Insert:
(aa) if the reporting entity reasonably believes that information required to be contained in the report about the transaction is privileged from being given on the ground of legal professional privilege--be accompanied by an LPP form in relation to the information; and
10 At the end of subsection 43(3)
Add:
Note 3: For other provisions dealing with legal professional privilege, see sections 242 and 242A.
11 Subsection 49(3)
Repeal the subsection, substitute:
(3) Subsections (2) and (4) are civil penalty provisions.
Legal professional privilege
(4) If:
(a) a person is given a notice under subsection (1) in relation to information or a document; and
(b) the person reasonably believes that the information or document is privileged from being given or produced on the ground of legal professional privilege;
the person must give the AUSTRAC CEO an LPP form in relation to the information or document within the period specified in the notice.
Note: For other provisions dealing with legal professional privilege, see sections 242 and 242A.
12 Before paragraph 49B(5)(a)
Insert:
(aa) subsection (6A);
13 After subsection 49B(6)
Insert:
Legal professional privilege
(6A) If:
(a) a person is given a notice under subsection (2) in relation to information or a document; and
(b) the person reasonably believes that the information or document is privileged from being given or produced on the ground of legal professional privilege;
the person must give the AUSTRAC CEO an LPP form in relation to the information or document within the period specified in the notice.
Note: For other provisions dealing with legal professional privilege, see sections 242 and 242A.
14 Subsection 49B(7)
Repeal the subsection, substitute:
(7) Subsections (6) and (6A) are civil penalty provisions.
15 After paragraph 50(6)(a)
Insert:
(aa) if the reporting entity reasonably believes that information relating to the matter is privileged from being given on the ground of legal professional privilege--be accompanied by an LPP form in relation to the information; and
16 Subsection 50(6) (note)
Omit "Note", substitute "Note 1".
17 At the end of subsection 50(6)
Add:
Note 2: For other provisions dealing with legal professional privilege, see sections 242 and 242A.
18 At the end of section 75N
Add:
(3) If:
(a) a person is given a request under subsection (1) in relation to information; and
(b) the person reasonably believes that the information is privileged from being given on the ground of legal professional privilege;
the person must give the AUSTRAC CEO an LPP form in relation to the information within the period specified in the request.
(4) Subsection (3) is a civil penalty provision.
Note: For other provisions dealing with legal professional privilege, see sections 242 and 242A.
19 At the end of section 76Q
Add:
(3) If:
(a) a person is given a request under subsection (1) in relation to information; and
(b) the person reasonably believes that the information is privileged from being given on the ground of legal professional privilege;
the person must give the AUSTRAC CEO an LPP form in relation to the information within the period specified in the request.
(4) Subsection (3) is a civil penalty provision.
Note 1: For other provisions dealing with legal professional privilege, see sections 242 and 242A.
20 Subsection 167(4) (at the end of the heading)
Add " etc .".
21 After paragraph 167(4)(a)
Insert:
(aa) subsection (5);
(ab) subsection (6);
22 At the end of section 167
Add:
Legal professional privilege
(5) If:
(a) a person is given a notice under subsection (2) in relation to information, a document or a copy of a document; and
(b) the person reasonably believes that the information, document or copy is privileged from being given or produced on the ground of legal professional privilege;
the person must give the AUSTRAC CEO an LPP form in relation to the information, document or copy within the period specified in the notice.
(6) Subsection (5) is a civil penalty provision.
Note: For other provisions dealing with legal professional privilege, see sections 242 and 242A.
23 Subsection 184(4) (after paragraph (ae) of the definition of designated infringement notice provision )
Insert:
(af) subsection 26Q(2A) (which deals with providing an LPP form in relation to certain further information requested);
24 Subsection 184(4) (after paragraph (f) of the definition of designated infringement notice provision )
Insert:
(fa) subsection 49(4) (which deals with providing an LPP form in relation to information or documents requested);
25 Subsection 184(4) (after paragraph (fb) of the definition of designated infringement notice provision )
Insert:
(fc) subsection 49B(6A) (which deals with providing an LPP form in relation to information or documents requested);
(fd) subsection 50(4) (which deals with providing certain reports about a card issuer's response, or lack of response to the AUSTRAC CEO);
(fe) subsection 50(5) (which deals with providing certain reports about a card issuer's response, or lack of response to the Commissioner of Taxation);
26 Subsection 184(4) (after paragraph (fh) of the definition of designated infringement notice provision )
Insert:
(fi) subsection 75N(3) (which deals with providing an LPP form in relation to certain further information requested);
(fj) subsection 76Q(3) (which deals with providing an LPP form in relation to certain further information requested);
27 At the end of subsection 184(4) (at the end of the definition of designated infringement notice provision )
Add:
; (i) subsection 167(5) (which deals with providing an LPP form in relation to certain information or documents to be provided to an authorised officer);
(j) subsection 202(5) (which deals with reporting entities providing an LPP form in relation to certain information or documents requested by notice).
28 At the end of section 202
Add:
(5) If:
(a) a person is given a notice under subsection (2) in relation to information or a document; and
(b) the person reasonably believes that the information or document is privileged from being given or produced on the ground of legal professional privilege;
the person must give the AUSTRAC CEO an LPP form in relation to the information or document within the period specified in the notice.
(6) Subsection (5) is a civil penalty provision.
Note: For other provisions dealing with legal professional privilege, see sections 242 and 242A.
29 After paragraph 203(e)
Insert:
(ea) set out the effect of subsections 202(5) and (6) (information or documents privileged from being given or produced on the ground of legal professional privilege); and
30 Section 242
Repeal the section, substitute:
242 Legal professional privilege
(1) Nothing in this Act affects the right of a person to refuse to give information (including by answering a question) or produce a document if:
(a) the information would be privileged from being given on the ground of legal professional privilege; or
(b) the document would be privileged from being produced on the ground of legal professional privilege.
(2) The fact that a person has provided a description of information or documents that may be or are privileged from being given or produced on the ground of legal professional privilege does not, of itself, amount to a waiver of the privilege.
242A Guidelines in relation to legal professional privilege
(1) The Minister may, by notifiable instrument, make guidelines in relation to making or dealing with claims or assertions of legal professional privilege in relation to information or documents required to be given under or for the purposes of this Act.
(2) Without limiting subsection (1), the guidelines may deal with the following matters:
(a) arrangements for making or dealing with claims or assertions of legal professional privilege in relation to the exercise of other powers under this Act, including the use of LPP forms;
(b) facilitating the resolution of disputes in relation to legal professional privilege.
(3) Before making guidelines under subsection (1), the Minister must consult with such persons (if any) as the Minister considers appropriate.