Combating the Financing of People Smuggling and Other Measures Act 2011 (60 of 2011)
Schedule 2 Amendments relating to designated agencies
Anti-Money Laundering and Counter-Terrorism Financing Act 2006
16 At the end of Subdivision D of Division 4 of Part 11
Add:
133B When the Director of a defence intelligence agency may communicate AUSTRAC information to a foreign intelligence agency
(1) The Director of a defence intelligence agency may communicate AUSTRAC information to a foreign intelligence agency if the Director is satisfied that:
(a) the foreign intelligence agency has given appropriate undertakings for:
(i) protecting the confidentiality of the information; and
(ii) controlling the use that will be made of it; and
(iii) ensuring that the information will be used only for the purpose for which it is communicated to the foreign country; and
(b) it is appropriate, in all the circumstances of the case, to do so.
(2) The Director of a defence intelligence agency may, in writing, authorise an official of the defence intelligence agency to access the AUSTRAC information and communicate it to the foreign intelligence agency on the Director’s behalf.
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
133C When the Director-General of ONA may communicate AUSTRAC information to a foreign intelligence agency
(1) The Director-General of ONA may communicate AUSTRAC information to a foreign intelligence agency if the Director-General is satisfied that:
(a) the foreign intelligence agency has given appropriate undertakings for:
(i) protecting the confidentiality of the information; and
(ii) controlling the use that will be made of it; and
(iii) ensuring that the information will be used only for the purpose for which it is communicated to the foreign country; and
(b) it is appropriate, in all the circumstances of the case, to do so.
(2) The Director-General of ONA may, in writing, authorise an official of ONA to access the AUSTRAC information and communicate it to the foreign intelligence agency on the Director-General’s behalf.
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.