Document ID: chunk:federal_register_of_legislation:C2004A04198:body:0:p4
Version: federal_register_of_legislation:C2004A04198
Segment Type: other
Provision Reference: 
Character Range: 8371–11218

7 and 8 do not apply to an application made under subsection 49e (3) of the Principal Act before the commencement of this section.

Ancillary orders

10. (1) Section 49j of the Principal Act is amended by omitting paragraph (1) (c) and substituting the following paragraph:

     "(c) an order for the examination on oath before the court or the Registrar of the court of any person, including:

         (i) the owner of property subject to the restraining order (in this paragraph called the 'owner'); or

       (ii) the defendant;

     about the affairs (including the nature and location of any property) of:

         (iii) anyone else who is either the owner or the defendant, or both; and

         (iv) if the person to be examined is either the owner or the defendant, or both—that person; and".

(2) An ancillary order may be made under paragraph 49j (1) (c), as amended by this Act, in relation to restraining orders whether made before or after the commencement of this section.

PART 3—AMENDMENTS OF THE CASH TRANSACTION REPORTS ACT 1988

Principal Act

11. In this Part, "Principal Act" means the Cash Transaction Reports Act 19882.

Reports of suspect transactions

  12. Section 16 of the Principal Act is amended:

     (a) by omitting from subsection (5) everything after "in relation to" and substituting:

     "any action by the cash dealer or person taken:

       (c)     under this section; or

         (d)     in the mistaken belief that such action was required under this section.";

   (b) by inserting after subsection (5) the following subsections:

     "(5a) Where a cash dealer communicates to the Director, under subsection (1), information about the cash dealer's suspicion in relation to a transaction to which the cash dealer is a party, the cash dealer must not, unless required to do so under this Act or any other Act, disclose to anyone else:

       (a)     that the cash dealer has formed the suspicion; or

         (b)     that information has been communicated to the Director; or

         (c)     any other information from which the person to whom the information is disclosed could reasonably be expected to infer that the suspicion had been formed or that the first-mentioned information had been communicated.

     "(5b) A cash dealer who contravenes subsection (5a) is guilty of an offence punishable on conviction by a fine not exceeding $5,000 or imprisonment for a term not exceeding 2 years, or both.

     "(5c) Subsection (5a) does not prevent a cash dealer from communicating or disclosing to any court any information, or matter, referred to in that subsection.".

13. After section 17 of the Principal Act, the following section is inserted in Part II:

Inspection of identifying systems etc.

"17a. (1) The Director may, by written notice to a cash dealer, require the dealer to