Document ID: chunk:federal_register_of_legislation:C2004A04041:section:1990:p209
Version: federal_register_of_legislation:C2004A04041
Segment Type: section
Provision Reference: s 1990 (pt 209/212)
Character Range: 542589–545306

the report; or

     (b) in such other manner and form as is approved by the Director, in writing, in relation to the cash dealer or to a class of cash dealers that includes the cash dealer.

"(4) Where a cash dealer communicates information to the Director under subsection (1), the cash dealer must, if requested to do so by:

  (a) the Director; or

  (b) a relevant authority; or

     (c) an investigating officer who is carrying out an investigation arising from, or relating to the matters referred to in, the information contained in the report;

give such further information as is specified in the request to the extent to which the cash dealer has that information.

  "(5) An action, suit or proceeding does not lie against:

  (a) a cash dealer; or

SCHEDULE 7—continued

     (b) an officer, employee or agent of the cash dealer acting in the course of that person's employment or agency;

in relation to any action taken by the cash dealer or person pursuant to this section.

"(6) Where a cash dealer, or a person who is an officer, employee or agent of a cash dealer, communicates or gives information under this section, the cash dealer or person is taken, for the purposes of sections 81 and 82 of the Proceeds of Crime Act 1987, not to have been in possession of that information at any time.

"(7) The Cash Transaction Reports Act 1988 (other than sections 16 and 17) applies as a law of this jurisdiction, to the entent that it makes provision in connection with, or for the purposes of, the operation of sections 16 and 17 of that Act, as if, in that Act:

     (a) references to section 16 were references to this section (other than subsection (6) and this subsection); and

     (b) references to section 17 were references to subsection (6) of this section; and

   (c) references to Part II included references to sections 16 and 17.

  "(8) In this section:

'approved' means approved by the Director, in writing, for the purposes of this section;

'investigating officer', 'relevant authority' and 'reportable details' have the same meanings as in section 16 of the Cash Transaction Reports Act 1988.".

Section 245:

Omit "this Act", substitute "the Australian Securities Commission Act 1989".

Paragraph 246 (f):

Omit "this Act or of any other prescribed Act", substitute "the Australian Securities Commission Act 1989 or a prescribed law of the Commonwealth or of this or any other jurisdiction".

Section 246:

Omit "or a Territory", substitute "or of this or any other jurisdiction".

Subsection 248 (3):

  Omit the subsection, substitute:

  "(3) In this section:

   (a) 'court' includes a tribunal; and

   (b) a reference, in relation to a tribunal, to taking judicial notice