Anti-Money Laundering and Counter-Terrorism Financing and Other Legislation Amendment Act 2020 (133 of 2020)
Schedule 1 Amendments
Part 4 Secrecy and access
Anti-Money Laundering and Counter-Terrorism Financing Act 2006
49 Section 22
Repeal the section, substitute:
22 Officials of Commonwealth, State or Territory agencies
(1) For the purposes of this Act, an official of a Commonwealth, State or Territory agency covered by paragraph (a), (b), (c), (d), (e), (f), (g), (h), (i) or (j) of the definition of Commonwealth, State or Territory agency in section 5 is:
(a) the head (however described) of the Commonwealth, State or Territory agency; or
(b) a member or acting member of the Commonwealth, State or Territory agency; or
(c) a member of the staff of the Commonwealth, State or Territory agency; or
(d) an officer or employee of the Commonwealth, State or Territory agency; or
(e) an officer, employee or other individual under the direction of the head (however described) of the Commonwealth, State or Territory agency; or
(f) an individual who, under the AML/CTF Rules, is taken to be an official of the Commonwealth, State or Territory agency for the purposes of this Act;
and, in the case of a Commonwealth Royal Commission or a State/Territory Royal Commission, includes the following:
(g) a legal practitioner (however described) appointed to assist the Commission;
(h) a person authorised under subsection (3).
(2) For the purposes of this Act, an official of a Commonwealth, State or Territory agency covered by paragraph (k) of the definition of Commonwealth, State or Territory agency in section 5 is:
(a) the person who holds the office or appointment; or
(b) an individual who, under the AML/CTF Rules, is taken to be an official in relation to the Commonwealth, State or Territory agency for the purposes of this Act.
Royal Commissions
(3) Either:
(a) the sole Commissioner of a Commonwealth Royal Commission or a State/Territory Royal Commission; or
(b) a member of a Commonwealth Royal Commission or a State/Territory Royal Commission;
may, in writing, authorise a person assisting the Commission for the purposes of paragraph (1)(h).
Note: For revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
(4) An authorisation under subsection (3) is not a legislative instrument.