Crimes Legislation Amendment (Law Enforcement Integrity, Vulnerable Witness Protection and Other Measures) Act 2013 (74 of 2013)

Schedule 4   Anti-Money Laundering and Counter-Terrorism Financing amendments

Part 1   Main amendments

Anti-Money Laundering and Counter-Terrorism Financing Act 2006

32   After Part 17

Insert:

Part 17A - Review of decisions

233A Simplified outline

The following is a simplified outline of this Part:

• Certain decisions of delegates of the AUSTRACCEO may be reviewed by the Administrative Appeals Tribunal following a process of internal reconsideration by the AUSTRACCEO.

• Certain decisions of the AUSTRACCEO may be reviewed by the Administrative Appeals Tribunal.

233B Reviewable decisions

For the purposes of this Act, each of the following decisions of the AUSTRACCEO is a reviewable decision :

233C Giving notice of reviewable decisions

(1) The AUSTRACCEO must, as soon as practicable after a reviewable decision is made in relation to one or more persons, give a written notice to each of the persons containing:

(a) the terms of the decision; and

(b) for a decision under section 75G to cancel a person's registration - the date the cancellation takes effect; and

(c) the reasons for the decision; and

(d) a statement setting out particulars of the persons' right to have the decision reviewed under this Part.

Note: An example of a reviewable decision made in relation to 2 persons is a decision refusing to register a person as a remittance affiliate of a registered remittance network provider, if the provider applied under subsection 75B(2) for that person to be so registered.

(2) Subsection (1) does not apply to reviewable decisions taken to be made because of the operation of subsection 75B(6) (about deemed refusal).

233D Applications for reconsideration of decisions made by delegates of the AUSTRACCEO

(1) This section applies to a reviewable decision if the decision is made by a delegate of the AUSTRACCEO.

Note: Reviewable decisions made by the AUSTRACCEO personally may be reviewed by the Administrative Appeals Tribunal (see paragraph 233F(b)).

(2) A person affected by a reviewable decision who is dissatisfied with the decision may apply to the AUSTRACCEO for the decision to be reconsidered.

(3) The application must:

(a) be in the approved form; and

(b) contain the information required by the AML/CTF Rules; and

(c) be made within:

(i) 30 days after the applicant is informed of the decision; or

(ii) such longer period as the AUSTRACCEO (whether before or after the end of the 30 day period) allows.

(4) An approved form of an application may provide for verification by statutory declaration of statements in applications.

233E Reconsideration of reviewable decisions

(1) Upon receiving an application under section 233D, the AUSTRACCEO must reconsider the reviewable decision.

(2) The AUSTRACCEO must:

(a) affirm, vary or revoke the reviewable decision; and

(b) if the AUSTRACCEO revokes the reviewable decision, make such other decision (if any) as the AUSTRACCEO thinks appropriate.

(3) The AUSTRAC CEO's reconsideration must be done by the AUSTRACCEO personally, or by a person to whom the AUSTRAC CEO's power under this section is delegated who:

(a) was not involved in making the reviewable decision; and

(b) occupies a position in AUSTRAC that is senior to that occupied by any person involved in making the reviewable decision.

(4) The AUSTRACCEO must, as soon as practicable after making a decision under subsection (2), give written notice to the applicant of:

(a) the decision; and

(b) if the decision is to cancel a person's registration - the date the cancellation takes effect; and

(c) the reasons for the decision; and

(d) a statement setting out particulars of the applicant's right to have the decision reviewed by the Administrative Appeals Tribunal.

(5) A decision of the AUSTRACCEO under subsection (2) has effect (except for the purposes of section 233B) as if it were made under the provision under which the reviewable decision was made.

233F Review by the Administrative Appeals Tribunal

An application may be made to the Administrative Appeals Tribunal for review of:

(a) a decision of the AUSTRACCEO under subsection 233E(2); or

(b) a reviewable decision made by the AUSTRACCEO personally.

233G Failure to comply does not affect validity

A failure to comply with subsection 233C(1) or 233E(4) (about giving notice) in relation to a decision does not affect the validity of the decision.