Anti-Money Laundering and Other Matters Bill

in the section heading, replace “and terrorism financing” with “, terrorism financing and financing of proliferation of weapons of mass destruction”;

in subsection (1), replace “and the financing of terrorism” with “, terrorism financing and the financing of proliferation of weapons of mass destruction,”;

in subsection (1)(b), replace “$10,000” with “$4,000”;

in subsection (1)(c), replace “$5,000” with “$4,000”; and

in subsection (1)(d), replace “or terrorism financing activity” with “, terrorism financing or the financing of proliferation of weapons of mass destruction”.

in the definition of “foreign serious offence”, replace paragraph (b) with —“(b)includes any offence specified in the Third Schedule;”; and

delete the definition of “foreign serious tax offence”.

in paragraph (a)(vii) and (viii), delete “and” at the end;

in paragraph (a), after sub‑paragraph (viii), insert —“(ix)any information disclosed to a Suspicious Transaction Reporting Officer under section 16A of the Free Trade Zones Act 1966;

any information disclosed to a Suspicious Transaction Reporting Officer under section 6 of the Goods and Services Tax Act 1993;

any information disclosed to a Suspicious Transaction Reporting Officer under section 6 of the Income Tax Act 1947; and

any information disclosed to a Suspicious Transaction Reporting Officer under section 31 of the Regulation of Imports and Exports Act 1995; and”; and

replace paragraph (b) with —“(b)subject to any prohibition or restriction under any written law, the dissemination of the results of any such analysis.”.

The General Division of the High Court may order the sale of any property that is the subject matter of a restraint order if —

every party that is known to have a prima facie interest in the property consents to the sale, and an authorised officer or the Public Prosecutor makes an application for the sale of the property; or

an authorised officer or the Public Prosecutor makes an application for the sale of the property, and —

the authorised officer or the Public Prosecutor proves, on a balance of probabilities, that either of the factors mentioned in subsection (2) applies; or

the General Division of the High Court is of the view that the sale would be in the interests of justice.(2) For the purpose of subsection (1)(b)(i), the factors are the following:

the value of the property is likely to be subject to depreciation until it is finally disposed of under this Act;

the property is of such a nature or in such condition that to retain custody of or maintain the property, until it is finally disposed of under this Act, would be —

dangerous;

unduly costly; or

not reasonably practicable.(3) The General Division of the High Court is not to order the sale of any property under subsection (1) unless —

notice of the proceedings concerning the sale is given to every party that is known to have a prima facie interest in the property; and

the General Division of the High Court is satisfied that the costs of the sale are, or are likely to be, reasonable in the circumstances.(4) The General Division of the High Court may make an order under subsection (1) in the absence of any party that is known to have a prima facie interest in the property if the General Division of the High Court is satisfied that the party has been given notice under subsection (3)(a).(5) The net proceeds of a sale under subsection (1) are to be taken to constitute the property which is the subject matter of the restraint order and that property may be dealt with in accordance with the provisions of this Act.(6) The reference in subsection (1) to any property that is the subject matter of a restraint order includes any property that is the subject matter of a restraint order made before the date of commencement of section 7 of the Anti‑Money Laundering and Other Matters Act 2024, if the restraint order has not been discharged in relation to that property immediately before that date.”.

replace subsection (5) with —“(5) The General Division of the High Court may order any person having possession of realisable property to give possession of it to —

the Public Trustee or any receiver; or

any other person that the General Division of the High Court thinks fit.”; and

in subsection (9), after “subsection (4)(a),”, insert “(5)(b),”.

prescribed as a regulated person of that specified regulator; or

a member of a class of persons prescribed as regulated persons of that specified regulator;“specified regulator” means —

any ministry, department or Organ of State of the Government, or a public officer of any ministry, department or Organ of State of the Government; or

a public authority established under any public Act for a public purpose or an officer or employee of the public authority,that is prescribed as a specified regulator.”.

illegal logging involving the harvesting, processing, transporting, buying or selling of timber in contravention of domestic and international laws;

illegal land clearing involving the illegal acquisition and clearing of land for farming, building or real estate speculation;

illegal mining involving any mining activity that is undertaken without state permission (in the absence of land rights, mining licences and exploration or mineral transportation permits), or mining activity with state permission obtained through corruption;

illegal import, export, transit or illicit disposal of hazardous wastes and other wastes;

illegal wildlife trade (whether involving any commercial or non‑commercial activity), including offering, offering for sale, distribution, brokerage or other forms of intermediary activity, sale, delivery, despatch, consignment, transport, purchase, possession, donation, exchange, exhibition or employment of any specimen of a wild protected species (or part thereof), within any territory under the jurisdiction of a given country, that is conducted in contravention of national or international laws and regulations;

attempting to carry out, abetting, or being a party to a criminal conspiracy to carry out, any activity listed in sub‑paragraphs (a) to (e).

omitting from, or understating or overstating in, a return made for the purposes of that tax any information which should be included in the return;

making any false statement or entry in any return, claim or application made, or any document or information required to be given, for the purposes of that tax;

giving any false answer, whether verbally or in writing, to any question or request for information asked or made for the purposes of that tax;

failing to inform the authority responsible for the collection of that tax, in the required manner, of any incorrect information appearing in any assessment made by that authority, when required to do so;

preparing or maintaining, or authorising the preparation or maintenance, of any false books of account or other records, or falsifying or authorising the falsification of any books of account or records;

making use of any fraud, art or contrivance, or authorising the use of any such fraud, art or contrivance.”.

after subsection (8), insert —“(8A) A court may order the sale of any property that is seized under subsection (1) or that is the subject of a written order under subsection (2) if —

every party that is known to have a prima facie interest in the property consents to the sale, and a police officer or the Public Prosecutor makes an application for the sale of the property; or

a police officer or the Public Prosecutor makes an application for the sale of the property, and —

the police officer or the Public Prosecutor proves, on a balance of probabilities, that either of the factors mentioned in subsection (8B) applies; or

the court is of the view that the sale would be in the interests of justice.(8B) For the purpose of subsection (8A)(b)(i), the factors are the following:

the value of the property is likely to be subject to depreciation until it is finally disposed of under section 364 or 370, as the case may be;

the property is of such a nature or in such condition that to retain custody of or maintain the property, until it is finally disposed of under section 364 or 370, would be —

dangerous;

unduly costly; or

not reasonably practicable.(8C) The court is not to order the sale of any property under subsection (8A) unless —

notice of the proceedings concerning the sale is given to every party that is known to have a prima facie interest in the property; and

the court is satisfied that the costs of the sale are, or are likely to be, reasonable in the circumstances.(8D) The court may make an order under subsection (8A) in the absence of any party that is known to have a prima facie interest in the property if the court is satisfied that the party has been given notice under subsection (8C)(a).(8E) The net proceeds of a sale under subsection (8A) are to be seized by a police officer and are to be dealt with in accordance with Part 19.”;

in subsection (9)(b), delete “and” at the end;

in subsection (9)(c)(ii), replace the full‑stop at the end with “; and”;

in subsection (9), after paragraph (c), insert —“(d)if the property is sold under subsection (8A), the net proceeds of the sale of the property.”;

after subsection (9), insert —“(9A) This section applies to any property that —

is seized before the date of commencement of section 14 of the Anti‑Money Laundering and Other Matters Act 2024 under subsection (1); or

is the subject of a written order made before that date under subsection (2),if no court has exercised, in relation to that property, any power under section 364 or 370(2) before that date.”; and

replace subsection (10) with —“(10) A reference to a police officer in this section includes —

a law enforcement officer within the meaning given by paragraphs (b) to (f) of the definition of “law enforcement officer” in section 370(6); and

a forensic specialist acting in the course of his or her duty as such in accordance with the written authorisation of the Commissioner of Police under the Police Force Act 2004 and the lawful directions of the police officer he or she assists.”.

property into or for which it has been converted or exchanged and anything acquired by this conversion or exchange, whether immediately or later; and

the net proceeds of the sale of that property where an order for sale of the property is made under section 35(8A).”.

in subsection (1), replace paragraph (a) with —“(a)when the law enforcement officer considers that —

the property is not relevant for the purposes of any investigation, inquiry, trial or other proceeding under any written law; and

either of the following applies:

there is no pending investigation mentioned in subsection (3)(c)(i) or (ii);

there is a pending investigation mentioned in subsection (3)(c)(i) or (ii) but the law enforcement officer considers that the continued seizure of the property is no longer required;”;

in subsection (2), replace “subsection (3)” with “subsections (3), (3A) and (3B)”;

in subsection (2), after paragraph (c), insert —“(ca)in any case where the relevant court is satisfied that the property consists of the net proceeds of the sale under section 35(8A) of any property mentioned in paragraph (b) — such order as the relevant court thinks fit for the disposal of the net proceeds of the sale of the property;”;

in subsection (2)(e)(ii), after “cannot be ascertained”, insert “or cannot be found”;

in subsection (3)(a), delete “or” at the end;

in subsection (3)(b), replace the full‑stop at the end with “; or”;

in subsection (3), after paragraph (b), insert —“(c)the relevant court is satisfied that, in a case where the law enforcement officer applies for the continued seizure of the property, there is any pending investigation —

to locate, or ascertain the identity of, any person or persons entitled to possession of the property; or

into any absconded person reasonably suspected of having committed a relevant offence in connection with which the property mentioned in section 35(1) or 78(1) or (1A) was seized, and the continued seizure will not cause injustice to any person entitled to possession of the property.”;

after subsection (3), insert —“(3A) An absconded person reasonably suspected of having committed a relevant offence in connection with which the property mentioned in section 35(1) or 78(1) or (1A) was seized cannot claim to be entitled to the property unless that person personally presents himself or herself before a law enforcement officer for the purpose of an investigation into the relevant offence.(3B) The relevant court must not make an order under subsection (2) relating to the delivery of property to an absconded person reasonably suspected of having committed a relevant offence in connection with which the property mentioned in section 35(1) or 78(1) or (1A) was seized, unless that person personally presents himself or herself before a law enforcement officer for the purpose of an investigation into the relevant offence; but the relevant court may make any other order under subsection (2) despite that person’s absence.”;

in subsection (6), before the definition of “law enforcement officer”, insert —“ “absconded person” means any person who cannot be found, apprehended or extradited, at the end of the period of 6 months from the date on which investigations were commenced against that person to ascertain whether that person has committed any relevant offence in connection with which the property mentioned in section 35(1) or 78(1) or (1A) was seized;”;

in subsection (6), in the definition of “relevant court”, in paragraph (b), replace the full‑stop at the end with a semi‑colon;

in subsection (6), after the definition of “relevant court”, insert —“ “relevant offence” means —

an arrestable offence; or

a serious offence under the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992.”; and

after subsection (6), insert —“(7) For the purposes of this section and sections 371 and 372 —

without affecting any other matter that the relevant court may consider relevant, in determining whether a person is entitled to property or to possession of property (as the case may be), the relevant court may take into account whether the person had acquired the property through legitimate sources (whether from income, investments, trading or otherwise);

if a person who claims that he or she is entitled to property or to possession of property (as the case may be) alleges that the property was a gift from any absconded person reasonably suspected of having committed a relevant offence in connection with which the property mentioned in section 35(1) or 78(1) or (1A) was seized, the mere fact that the property was a gift is relevant, but is not sufficient without other evidence, to prove that the person is entitled to the property or to possession of the property, as the case may be;

without affecting any other matter that the relevant court may consider relevant, in determining whether the firstmentioned person in paragraph (b) is entitled to property or to possession of property (as the case may be), the relevant court may take into account other evidence relating to —

the circumstances in which the gift was made; or

whether the property was purchased through legitimate sources before it was gifted; and

any property that is transferred, directly or indirectly, by one person (A) to another person (B) for a consideration the value of which is significantly less than the value of the consideration provided by A, is deemed to be a gift.”.

in subsection (2), after paragraph (h), insert —“(ha)enabling a Suspicious Transaction Reporting Officer to carry out any of the responsibilities of the Suspicious Transaction Reporting Office, including for the purpose of detecting the possible commission of an offence specified in the First, Second or Third Schedule to the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992;”;

in subsection (9), in the definition of “public agency”, replace the full‑stop at the end with a semi‑colon; and

in subsection (9), after the definition of “public agency”, insert —“ “Suspicious Transaction Reporting Office” means the office mentioned in section 5(1) of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992;“Suspicious Transaction Reporting Officer” means a Suspicious Transaction Reporting Officer as defined in section 2(1) of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992 who is a Commercial Affairs Officer appointed under section 64 of the Police Force Act 2004.”.

after subsection (6B), insert —“(6BA) Despite anything in this section, the Comptroller may furnish to the head of the Suspicious Transaction Reporting Office any information that may be required by the Suspicious Transaction Reporting Office for the purpose of detecting the possible commission of an offence specified in the First, Second or Third Schedule to the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992.(6BB) The following persons, namely:

the head of the Suspicious Transaction Reporting Office to whom any information is furnished under subsection (6BA) for the purpose mentioned in that subsection;

any Suspicious Transaction Reporting Officer to whom information is disclosed in compliance with this subsection,must not disclose to any other person such information, except where the disclosure is to a Suspicious Transaction Reporting Officer and the disclosure is necessary for the same purpose, and any person in paragraph (a) or (b) who contravenes this subsection shall be guilty of an offence.”;

in subsection (10), after the definition of “head of a law enforcement agency”, insert —“ “head of the Suspicious Transaction Reporting Office” means the Director of the Commercial Affairs Department;”;

in subsection (10), in the definition of “law enforcement agency”, in paragraph (e), replace the full‑stop at the end with a semi‑colon; and

in subsection (10), after the definition of “law enforcement agency”, insert —“ “Suspicious Transaction Reporting Office” means the office mentioned in section 5(1) of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992;“Suspicious Transaction Reporting Officer” means a Suspicious Transaction Reporting Officer as defined in section 2(1) of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992 who is a Commercial Affairs Officer appointed under section 64 of the Police Force Act 2004.”.

after subsection (10C), insert —“(10D) Despite anything in this section, the Comptroller may furnish to the head of the Suspicious Transaction Reporting Office any information that may be required by the Suspicious Transaction Reporting Office for the purpose of detecting the possible commission of an offence specified in the First, Second or Third Schedule to the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992.(10E) The following persons, namely:

the head of the Suspicious Transaction Reporting Office to whom any information is furnished under subsection (10D) for the purpose mentioned in that subsection;

any Suspicious Transaction Reporting Officer to whom information is disclosed in compliance with this subsection,must not disclose to any other person such information, except where the disclosure is to a Suspicious Transaction Reporting Officer and the disclosure is necessary for the same purpose, and any person in paragraph (a) or (b) who contravenes this subsection shall be guilty of an offence.”;

in subsection (14), after the definition of “head of a law enforcement agency”, insert —“ “head of the Suspicious Transaction Reporting Office” means the Director of the Commercial Affairs Department;”;

in subsection (14), in the definition of “law enforcement agency”, in paragraph (e), replace the full‑stop at the end with a semi‑colon; and

in subsection (14), after the definition of “law enforcement agency”, insert —“ “Suspicious Transaction Reporting Office” means the office mentioned in section 5(1) of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992;“Suspicious Transaction Reporting Officer” means a Suspicious Transaction Reporting Officer as defined in section 2(1) of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992 who is a Commercial Affairs Officer appointed under section 64 of the Police Force Act 2004.”.

in subsection (1), after paragraph (j), insert —“(ja)enabling a Suspicious Transaction Reporting Officer to carry out any of the responsibilities of the Suspicious Transaction Reporting Office, including for the purpose of detecting the possible commission of an offence specified in the First, Second or Third Schedule to the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992;”;

in subsection (10), in the definition of “public agency”, replace the full‑stop at the end with a semi‑colon; and

in subsection (10), after the definition of “public agency”, insert —“ “Suspicious Transaction Reporting Office” means the office mentioned in section 5(1) of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992;“Suspicious Transaction Reporting Officer” means a Suspicious Transaction Reporting Officer as defined in section 2(1) of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992 who is a Commercial Affairs Officer appointed under section 64 of the Police Force Act 2004.”.

in subsection (1), after “19(2), (3), (6), (8) and (9),”, insert “19A,”; and

in subsection (3), after paragraph (g), insert —“(ga)a reference in section 19A(5) of the CDSA to the provisions of the CDSA is a reference to the provisions of this Act, and the provisions of the CDSA as applied by this section;”.

illegal logging involving the harvesting, processing, transporting, buying or selling of timber in contravention of domestic and international laws;

illegal land clearing involving the illegal acquisition and clearing of land for farming, building or real estate speculation;

illegal mining involving any mining activity that is undertaken without state permission (in the absence of land rights, mining licences and exploration or mineral transportation permits), or mining activity with state permission obtained through corruption;

illegal import, export, transit or illicit disposal of hazardous wastes and other wastes;

illegal wildlife trade (whether involving any commercial or non‑commercial activity), including offering, offering for sale, distribution, brokerage or other forms of intermediary activity, sale, delivery, despatch, consignment, transport, purchase, possession, donation, exchange, exhibition or employment of any specimen of a wild protected species (or part thereof), within any territory under the jurisdiction of a given country, that is conducted in contravention of national or international laws and regulations;

attempting to carry out, abetting, or being a party to a criminal conspiracy to carry out, any activity listed in sub‑paragraphs (a) to (e).

omitting from, or understating or overstating in, a return made for the purposes of that tax any information which should be included in the return;

making any false statement or entry in any return, claim or application made, or any document or information required to be given, for the purposes of that tax;

giving any false answer, whether verbally or in writing, to any question or request for information asked or made for the purposes of that tax;

failing to inform the authority responsible for the collection of that tax, in the required manner, of any incorrect information appearing in any assessment made by that authority, when required to do so;

preparing or maintaining, or authorising the preparation or maintenance, of any false books of account or other records, or falsifying or authorising the falsification of any books of account or records;

making use of any fraud, art or contrivance, or authorising the use of any such fraud, art or contrivance.”.