Commonwealth of Australia Explanatory Memoranda

[Index] [Search] [Download] [Bill] [Help]

COMBATING THE FINANCING OF PEOPLE SMUGGLING AND OTHER MEASURES BILL 2011

                                 2010 - 2011








               THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA






                                   SENATE





  COMBATING THE FINANCING OF PEOPLE SMUGGLING AND OTHER MEASURES BILL 2011







                               ADDENDUM TO THE
                           EXPLANATORY MEMORANDUM







            (Circulated by authority of the Minister for Justice,
                    the Honourable Brendan O'Connor, MP)


SCHEDULE 1 - ITEM 12 (p 92)
Paragraph 2, after the second sentence insert the following sentence:

The intention is to capture the infrastructure provider of the network and
not the sub-agents who facilitate a commercial relationship between the
remittance network provider and the person providing the item 31 or 32
service.

SCHEDULE 1 - ITEM 31 - 75A Remittance sector register (p 97)
At the end of the paragraph, insert:

Similarly, a person may be registered as both a remittance network provider
and an independent remittance dealer.  In this situation the person in
their capacity as an independent dealer would use the same platform to
carry out their item 31 or item 32 services as what is offered to their
remittance affiliates.

SCHEDULE 1 - ITEM 31 - 75M REGISTERED PERSONS TO ADVISE OF MATERIAL CHANGES
IN CIRCUMSTANCE (p102)
After paragraph 1, insert a new paragraph:

The AUSTRAC CEO may also make AML/CTF Rules specifying additional matters
which remittance network providers and remittance dealers must notify
AUSTRAC about.  This will allow the AUSTRAC CEO to respond to any changes
in the structure and nature of the regulated sector.  AML/CTF Rules are
developed in consultation with regulated entities and are disallowable
instruments that must be registered on the Federal Register of Legislative
Instruments.

SCHEDULE 3 - ITEM 6 (p114)
After paragraph 6, insert a new paragraph:

The offences in sections 35H and 35K reflect similar offences in the
Privacy Act 1988 in relation to the access, use and disclosure of personal
information by credit reporting agencies.  The defence included in sections
35H and 35K is an acknowledgement that there are instances where access,
use or disclosure is justified.  Placing an evidential burden of proof on
the defendant is appropriate as the individual concerned will have
particular knowledge as to whether the defence applies and would be able to
raise evidence about how access, use or disclosure was authorised.

SCHEDULE 4 - ITEM 1 (p117)
After the second paragraph, insert a new paragraph:

The exemption instrument in section 41A is not a legislative instrument
within the meaning of section 5 of the Legislative Instruments Act 2003
(LIA) as it applies the law in a particular case rather than determining or
altering the content of the law.  As such, the instrument does not need to
be tabled in Parliament and is not subject to disallowance by either House.
 Proposed subsection 41A(5) has been included to assist readers and is not
reflective of a substantive exemption from the LIA.