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ANTI-MONEY LAUNDERING AND COUNTER-TERRORISM FINANCING ACT 2006 - SECT 172A

Power of AUSTRAC CEO to obtain information and documents

  (1)   This section applies if the AUSTRAC CEO believes on reasonable grounds that a person has information or a document that is relevant to:

  (a)   compliance with this Act, the regulations or the AML/CTF Rules; or

  (b)   an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act, the regulations or the AML/CTF Rules.

  (2)   The AUSTRAC CEO may, by written notice given to the person, require the person:

  (a)   to produce to the AUSTRAC CEO, within the period and in the manner specified in the notice, any such documents; or

  (b)   to appear before an examiner at the time and place specified in the notice:

  (i)   for examination under this Division, on oath or affirmation and to answer questions; and

  (ii)   to produce any such documents.

  (3)   The notice must:

  (a)   if paragraph   (2)(b) applies--state the general nature of the matter to which the questions will relate; and

  (b)   in any case set out the effect of subsections   (4) and   172F(1).

  (4)   A person commits an offence if the person intentionally or recklessly fails to comply with a notice under subsection   (2).

Penalty:   Imprisonment for 2 years or 100 penalty units, or both.



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