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.