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COMMONWEALTHAct
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s 48A

Amending or withdrawing reports

In force
Part 5Obligations relating to transfers of value
Division 4International value transfer services and transfers of value involving unverified self‑hosted virtual asset wallets

48A Amending or withdrawing reports

(1)

The AML/CTF Rules may make provision in relation to the amendment or withdrawal of a report given under section 41, 43, 46 or 46A.

(2)

Without limiting subsection (1), the AML/CTF Rules may deal with the following:

(a)

timeframes within which requests to amend or withdraw a report may or must be made;

(b)

timeframes within which a report must be amended or withdrawn if a request is accepted;

(c)

the process for making and deciding requests to amend or withdraw a report;

(d)

the consequences for amending or withdrawing a report.

40 Section 49

Omit “or 45” (wherever occurring)”, substitute “, 46 or 46A”.

41 Section 51

Omit “45”, substitute “46, 46A”.

42 Subparagraph 51G(3)(c)(ii)

Repeal the subparagraph, substitute:

(ii)

section 46 (reports of international value transfer services);

(iia)

section 46A (reports of transfers of value involving unverified self‑hosted virtual asset wallets);

43 Subsection 184(1C)

Omit “45(2)”, substitute “46(2) or (5), 46A(2)”.

44 Subsection 184(4) (paragraph (d) of the definition of designated infringement notice provision)

Repeal the paragraph, substitute:

(d)

subsection 46(2) or (5) (which deals with reporting about international value transfer services);

(da)

subsection 46A(2) (which deals with reporting about transfers of value involving unverified self‑hosted virtual asset wallets);

45 Paragraph 191(2)(b)

Omit “45(2)”, substitute “46(2) or (5), 46A(2)”.

Schedule 9—Powers and definitions

Part 1—Examination power

Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006

1 Section 5

Insert:

examinee, in relation to an examination under Division 3 of Part 14, means the person who appears for examination.

examiner, in relation to an examination under Division 3 of Part 14, means the AUSTRAC CEO and includes:

(a)

a delegate of the AUSTRAC CEO; and

(b)

a consultant engaged under subsection 225(1) to perform services as an examiner.

statement, in relation to an examination under Division 3 of Part 14, includes a question asked, an answer given, and any other comment or remark made, at the examination.

written record, in relation to an examination under Division 3 of Part 14, means:

(a)

a record of the examination:

(i)

that is made in writing; or

(ii)

as reduced to writing; or

(b)

a part of such a record.

2 Before section 166

Insert:

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Section 48A — Amending or withdrawing reports — Anti-Money Laundering and Counter-Terrorism Financing Amendment Act 2024 (Commonwealth) — Barrister AI