Document ID: chunk:federal_register_of_legislation:C2004A03935:body:0:p68
Version: federal_register_of_legislation:C2004A03935
Segment Type: other
Provision Reference: 
Character Range: 164937–167661

cash dealer does not hold an identification reference for the person at the time when the record is made and the cash dealer (whether before or after that time) carries out a verification procedure in relation to the person under subsection 20 (8)—retain the record, together with any record of information made or obtained in the course of carrying out the verification procedure, for the period for which the record of information must be retained; or";

(d) by inserting in paragraph (2) (c) "and paragraph (ba) does not apply" after "record is made";

(e) by inserting in subsection (3) ", (1a)" after "(1)";

(f) by inserting in paragraph (4) (b) "or (8)" after "20 (4)";

(g) by inserting after subsection (4) the following subsection:

"(4a) Where:

        (a) a cash dealer makes or obtains a record of any information in the course of carrying out a verification procedure under subsection 20 (8); and

        (b) the relevant account is identified, under subsection 20 (4) or, in a statement in relation to another account with the cash dealer;

    subsection (1a) applies as if the reference to the day on which the account is closed were a reference to the day on which the last of those accounts is closed.";

(h) by inserting in subsection (5), (6) and (7) ", (1a)" after "(1)".

Secrecy

46. Section 25 of the Principal Act is amended by inserting after paragraph (1) (b) the following paragraph:

"(ba) a person engaged under section 40a;".

Access to CTR information

47. Section 27 of the Principal Act is amended:

(a) by adding at the end of subsection (14) the following word and paragraph:

"; and (c) the Australian Securities Commission.";

(b) by omitting from paragraph (15) (f) "and";

(c) by adding at the end of subsection (15) the following paragraphs:

       "(h) a member or acting member of the Australian Securities Commission; and

       (j) a member of the staff of the Australian Securities Commission.";

    (d) by adding at the end of subsection (16) "and to the State Drug Crime Commission of New South Wales";

    (e) by omitting from paragraph (17) (b) "and";

    (f) by adding at the end of subsection (17) the following paragraphs:

       "(d) the Chairperson or acting Chairperson of the State Drug Crime Commission of New South Wales;

(e) a member or acting member of that Commission; and

(f) a member of the staff of that Commission.".

Failure to provide information

48. Section 28 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:

"(1) A cash dealer commits an offence against this section if the cash dealer refuses or fails:

(a) to communicate information to the Director when and as required under Part II