Crimes and Other Legislation Amendment (Omnibus) Act 2023 (63 of 2023)

Schedule 1   Anti-Money Laundering and Counter-Terrorism Financing Act 2006

Part 3   Computer-assisted decision making

Anti-Money Laundering and Counter-Terrorism Financing Act 2006

9   After Division 6 of Part 16

Insert:

Division 6A - AUSTRAC CEO may use computers to take administrative action

228A AUSTRAC CEO may use computers to take administrative action

(1) The AUSTRAC CEO may, in writing, arrange for the use, under the AUSTRAC CEO's control, of computer programs for any purposes for which the AUSTRAC CEO may or must take administrative action under a provision prescribed by the AML/CTF Rules for the purposes of this subsection.

(2) The AML/CTF Rules may prescribe a provision for the purposes of subsection (1) if the provision is any of the following:

(a) a provision of Part 3A of this Act (Reporting Entities Roll);

(b) a provision of Part 6 of this Act (the Remittance Sector Register);

(c) a provision of Part 6A of this Act (the Digital Currency Exchange Register);

(d) a provision of the AML/CTF Rules made for the purposes of a provision of this Act mentioned in paragraph (a), (b) or (c) of this subsection;

(e) a provision of an instrument made under a provision of this Act mentioned in paragraph (a), (b) or (c) of this subsection.

(3) The AUSTRAC CEO must take reasonable steps to ensure that administrative action taken by the operation of a computer program under such an arrangement is consistent with the objects of this Act.

(4) Administrative action taken by the operation of a computer program under such an arrangement is, for the purposes of this Act, the AML/CTF Rules and any other instrument made under this Act, taken to be administrative action taken by the AUSTRAC CEO.

Substituted decisions

(5) The AUSTRAC CEO may substitute a decision for a decision the AUSTRAC CEO is taken to have made under subsection (4) if the AUSTRAC CEO is satisfied that the decision made by the operation of the computer program is not the correct or preferable decision.

(6) The AUSTRAC CEO does not have a duty to consider whether to exercise the power under subsection (5) in respect of any decision, whether the AUSTRAC CEO is requested to do so by an applicant or by any other person, or in any other circumstances.

(7) To avoid doubt, if:

(a) the AUSTRAC CEO is taken under subsection (4) to have made a decision under a provision of this Act, the AML/CTF Rules or an instrument made under this Act (the original provision ); and

(b) the AUSTRAC CEO substitutes a decision (the substitute decision ) under subsection (5) for that decision;

then, for the purposes of this Act, the AML/CTF Rules and any other instrument made under this Act, the AUSTRAC CEO is taken to have made the substitute decision under the original provision.

Arrangement not a legislative instrument

(8) An arrangement made under subsection (1) is not a legislative instrument.

Meaning of administrative action

(9) Each of the following constitutes taking administrative action :

(a) making a decision;

(b) exercising any power or complying with any obligation;

(c) doing anything else related to making a decision or exercising a power or complying with an obligation.