Suppression of the Financing of Terrorism Act 2002
No. 66, 2002
An Act to amend the Criminal Code Act 1995, the Extradition Act 1988, the Financial
Transaction Reports Act 1988, the Mutual Assistance in Criminal Matters
Act 1987 and the Charter of the United Nations Act 1945, and for
related purposes
[Assented to 5
July 2002]
The Parliament of Australia enacts:
1 Short
title
This Act may be cited as the Suppression
of the Financing of Terrorism Act 2002.
2
Commencement
(1) Each provision of this Act specified in
column 1 of the table commences, or is taken to have commenced, on the day or
at the time specified in column 2 of the table.
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Commencement
information
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Column 1
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Column 2
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Column 3
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Provision(s)
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Commencement
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Date/Details
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1. Sections 1 to
3 and anything in this Act not elsewhere covered by this table
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The day on which this Act receives the Royal Assent
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5 July 2002
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2. Schedule 1, item 1
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The day on which this Act receives the Royal Assent,
subject to subsection (3)
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5 July 2002
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3. Schedule 1, item 2
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The day after this Act receives the Royal Assent, subject
to subsection (4)
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6 July 2002
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4. Schedule 1, item 3
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Immediately after the
start of the day after this Act receives the Royal Assent
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6 July 2002
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5. Schedule 2
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The day on which this Act receives the Royal Assent
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5 July 2002
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6. Schedule 3
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A single day to be fixed by Proclamation, subject to
subsection (5)
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13 December 2002 (Gazette 2002, No. S471)
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7. Schedule 4
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Immediately after the start of the day after this Act
receives the Royal Assent
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6 July 2002
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Note: This table relates only to the provisions of
this Act as originally passed by the Parliament and assented to. It will not be
expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional
information that is not part of this Act. This information may be included in
any published version of this Act.
(3) If either:
(a) the Criminal Code Amendment
(Espionage and Related Offences) Act 2002 receives the Royal Assent on or
before the day on which this Act receives the Royal Assent; or
(b) the Security Legislation
Amendment (Terrorism) Act 2002 receives the Royal Assent before the day on
which this Act receives the Royal Assent;
the provision covered by item 2 of the table does not
commence at all.
(4) If the Security Legislation Amendment
(Terrorism) Act 2002 receives the Royal Assent before the day on which this
Act receives the Royal Assent, the provision covered by item 3 of the
table does not commence at all.
(5) If a provision covered by item 6 of
the table does not commence within the period of 6 months beginning on the day
on which this Act receives the Royal Assent, it commences on the first day
after the end of that period.
3
Schedule(s)
Each Act that is specified in a Schedule
to this Act is amended or repealed as set out in the applicable items in the
Schedule concerned, and any other item in a Schedule to this Act has effect
according to its terms.
Schedule 1—Amendment of
the Criminal Code Act 1995
1 The Schedule (after Chapter 4 of the Criminal Code)
Insert:
Chapter 5—The security of the Commonwealth
Note: If either condition in subsection 2(3) is met,
this item does not commence at all. See subsection 2(3).
2 The Schedule (at the end of Chapter 5 of the Criminal
Code)
Add:
Part 5.3—Terrorism
Division 100—Preliminary
100.1
Definitions
(1) In this Part:
Commonwealth place has the same meaning as in
the Commonwealth Places (Application of Laws) Act 1970.
constitutional corporation means a
corporation to which paragraph 51(xx) of the Constitution applies.
funds means:
(a) property and assets of every kind,
whether tangible or intangible, movable or immovable, however acquired; and
(b) legal documents or instruments in
any form, including electronic or digital, evidencing title to, or interest in,
such property or assets, including, but not limited to, bank credits,
travellers cheques, bank cheques, money orders, shares, securities, bonds, debt
instruments, drafts and letters of credit.
organisation means:
(a) a body corporate; or
(b) an unincorporated body;
whether or not the body is based outside Australia,
consists of persons who are not Australian citizens, or is part of a larger
organisation.
terrorist act means an action or threat of action where:
(a) the
action falls within subsection (2) and does not fall within
subsection (2A); and
(b) the
action is done or the threat is made with the intention of advancing a
political, religious or ideological cause; and
(c) the action is done or the threat is
made with the intention of:
(i) coercing,
or influencing by intimidation, the
government of the Commonwealth or a State, Territory or foreign country, or of
part of a State, Territory or foreign country; or
(ii) intimidating the public or
a section of the public.
(2) Action falls within this subsection if
it:
(a) causes serious harm that is physical
harm to a person; or
(b) causes serious damage to property;
or
(ba) causes
a person’s death; or
(c) endangers a person’s life, other
than the life of the person taking the action; or
(d) creates a serious risk to the health
or safety of the public or a section of the public; or
(e) seriously interferes with, seriously
disrupts, or destroys, an electronic system including, but not limited to:
(i) an information system; or
(ii) a telecommunications
system; or
(iii) a financial system; or
(iv) a system used for the
delivery of essential government services; or
(v) a system used for, or by,
an essential public utility; or
(vi) a system used for, or by, a
transport system.
(2A) Action
falls within this subsection if it:
(a) is
advocacy, protest, dissent or industrial action; and
(b) is
not intended:
(i) to
cause serious harm that is physical harm to a person; or
(ii) to
cause a person’s death; or
(iii) to
endanger the life of a person, other than the person taking the action; or
(iv) to
create a serious risk to the health or safety of the public or a section of the
public.
(3) In this Division:
(a) a reference to any person or
property is a reference to any person or property wherever situated, within or
outside Australia; and
(b) a reference to the public includes a
reference to the public of a country other than Australia.
100.2
Constitutional basis for offences
(1) This
Part applies to a terrorist act constituted by an action, or threat of action,
in relation to which the Parliament has power to legislate.
(2) Without limiting the generality of
subsection (1), this Part applies to a
terrorist act constituted by an action, or threat of action, if:
(a) the action affects, or if carried
out would affect, the interests of:
(i) the Commonwealth; or
(ii) an authority of the
Commonwealth; or
(iii) a constitutional
corporation; or
(b) the threat is made to:
(i) the Commonwealth; or
(ii) an authority of the
Commonwealth; or
(iii) a constitutional
corporation; or
(c) the action is carried out by, or the
threat is made by, a constitutional corporation; or
(d) the action takes place, or if
carried out would take place, in a Commonwealth place; or
(e) the threat is made in a Commonwealth
place; or
(f) the action involves, or if carried
out would involve, the use of a postal service or other like service; or
(g) the threat is made using a postal or
other like service; or
(h) the action involves, or if carried
out would involve, the use of an electronic communication; or
(i) the threat is made using an
electronic communication; or
(j) the action disrupts, or if carried
out would disrupt, trade or commerce:
(i) between Australia and
places outside Australia; or
(ii) among the States; or
(iii) within a Territory,
between a State and a Territory or between 2 Territories; or
(k) the action disrupts, or if carried
out would disrupt:
(i) banking (other than State
banking not extending beyond the limits of the State concerned); or
(ii) insurance (other than
State insurance not extending beyond the limits of the State concerned); or
(l) the action is, or if carried out
would be, an action in relation to which the Commonwealth is obliged to create
an offence under international law; or
(m) the threat is one in relation to
which the Commonwealth is obliged to create an offence under international law;
or
(n) the action takes place, or if
carried out would take place, outside Australia; or
(o) the threat is made outside Australia.
3 The Schedule (at the end of Part 5.3 of the Criminal
Code)
Add:
Division 103—Financing terrorism
103.1
Financing terrorism
(1) A person commits an offence if:
(a) the person provides or collects
funds; and
(b) the person is reckless as to whether
the funds will be used to facilitate or engage in a terrorist act.
Penalty: Imprisonment for life.
Note: Intention
is the fault element for the conduct described in paragraph (1)(a). See
subsection 5.6(1).
(2) A person commits an offence under
subsection (1) even if the terrorist act does not occur.
(3) Section 15.4 (extended geographical
jurisdiction—category D) applies to an offence against subsection (1).
Schedule 2—Amendments relating to the reporting of financial
transactions
Financial Transaction Reports Act 1988
1 After subsection 16(1)
Insert:
(1A) Where:
(a) a cash dealer is a party to a transaction;
and
(b) either:
(i) the cash dealer has
reasonable grounds to suspect that the transaction is preparatory to the
commission of a financing of terrorism offence; or
(ii) the cash dealer has
reasonable grounds to suspect that information that the cash dealer has
concerning the transaction may be relevant to investigation of, or prosecution
of a person for, a financing of terrorism offence;
the cash dealer, whether or not required to report the
transaction under Division 1 or 3, must, as soon as practicable after
forming the suspicion:
(c) prepare a report of the transaction;
and
(d) communicate the information
contained in the report to the Director.
2 Subsection 16(2)
Omit “The report”, substitute “A report under subsection (1)
or (1A)”.
3 Paragraph 16(2)(c)
Omit “subsection (1)”, substitute “the subsection under
which the report is prepared”.
4 Subsection 16(3)
Omit “The communication”, substitute “A communication under
subsection (1) or (1A)”.
5 Subsections 16(4) and 16(5A)
After “subsection (1)”, insert “or (1A)”.
6 Subparagraphs 16(5D)(a)(i) and 16(5D)(b)(i)
After “subsection (1)”, insert “or (1A)”.
7 Subsection 16(5E)
After “subsection (1)”, insert “or (1A)”.
8 Subsection 16(6)
Insert:
financing of terrorism offence means an
offence under:
(a) section 103.1 of the Criminal
Code; or
(b) section 20 or 21 of the Charter
of the United Nations Act 1945.
9 Paragraph 27(1)(d)
Repeal the paragraph, substitute:
(d) the Director may, in writing,
authorise the Commissioner of the Australian Federal Police to have access to
FTR information for the purposes of communicating the information to a foreign
law enforcement agency under subsection (11B).
Note 1: The following heading to subsection 27(1A) is
inserted “Limitations on the Director’s power to authorise access under
paragraph (1)(b)”.
Note 2: The following heading to subsection 27(2) is
inserted “Director’s authorisation must state FTR information, or class of
FTR information, to which access authorised”.
Note 3: The following heading to subsection 27(3) is
inserted “Who, within an agency, may access information once access by the
agency is authorised under paragraph (1)(b), (c) or (ca)”.
Note 4: The following heading to subsection 27(4) is
inserted “Application of section 3C of the Taxation Administration Act
1953 where a taxation officer accesses FTR information”.
Note 5: The following heading to subsection 27(5) is
inserted “Dealings with information once accessed”.
Note 6: The following heading to subsection 27(12) is
inserted “Use of accessed information in court proceedings”.
Note 7: The following heading to subsection 27(13) is
inserted “Dealings in contravention of this section”.
Note 8: The following heading to subsection 27(14) is
inserted “Interpretation”.
9A Subsection 27(1B)
Repeal the subsection, substitute:
(1B) Despite paragraph (1)(b), the Director
may only authorise under that paragraph one of the following law enforcement
agencies if the agency undertakes that it will comply with the information
privacy principles set out in section 14 of the Privacy Act 1988 in
respect of FTR information obtained under the authorisation:
(a) the Crime and Misconduct Commission
of Queensland;
(b) the Anti‑Corruption Commission
of Western Australia;
(c) the Royal Commission (appointed by
the Governor of Western Australia on 12 December 2001) into whether since
1 January 1985 there has been corrupt conduct or criminal conduct by any
Western Australian police officer.
9B Saving of authorisations and undertakings
For the purposes of subsection 27(1B) of the Financial
Transaction Reports Act 1988 as amended by this Schedule, neither of the
following is affected by the amendments of that Act by this Schedule:
(a) an authorisation conferred on the
Anti‑Corruption Commission of Western Australia by the Director;
(b) an undertaking by that Commission to
the Director.
10 Subsection 27(3A)
Repeal the subsection.
11 Subsection 27(6)
Omit “subsection (7), (9) and (10)”, substitute
“subsections (7), (9), (10) and (11D)”.
12 Subparagraph 27(6)(a)(ii)
Omit “; and”, substitute “; or”.
13 At the end of paragraph 27(6)(a)
Add:
(iii) where communication to a
foreign law enforcement agency is permitted under subsections (11B) to
(11D)—the foreign law enforcement agency; and
14 After subsection 27(11)
Insert:
Circumstances in which the Director may communicate FTR
information to a foreign country
(11A) Despite anything in section 25, the
Director may communicate FTR information to a foreign country if:
(a) the Director is satisfied that the
foreign country has given appropriate undertakings for:
(i) protecting the
confidentiality of the information; and
(ii) controlling the use that
will be made of it; and
(iii) ensuring
that the information will be used only for the purpose for which it is communicated
to the foreign country; and
(b) it is appropriate, in all the
circumstances of the case, to do so.
Circumstances in which the Commissioner of the
Australian Federal Police may communicate FTR information to a foreign law
enforcement agency
(11B) The Commissioner of the Australian Federal
Police may communicate FTR information to a foreign law enforcement agency
if:
(a) the Commissioner is satisfied that
the foreign law enforcement agency has given appropriate undertakings for:
(i) protecting the confidentiality
of the information; and
(ii) controlling
the use that will be made of it; and
(iii) ensuring
that the information will be used only for the purpose for which it is
communicated to the foreign country; and
(b) it is appropriate, in all the circumstances
of the case, to do so.
(11C) The Commissioner of the Australian Federal
Police may, in writing, authorise a member of the Australian Federal Police
to communicate the FTR information to the foreign law enforcement agency on
behalf of the Commissioner.
(11D) If:
(a) the Commissioner of the Australian
Federal Police is authorised by the Director to access FTR information under
paragraph (1)(d) (for the purposes of communicating it to a foreign law
enforcement agency); and
(b) the Director could not have
authorised the Commissioner to access the information under
paragraph (1)(b) (for the purposes of performing the functions of the
Australian Federal Police);
then, despite subparagraphs (6)(a)(i) and (ii):
(c) the Commissioner must not record,
communicate or divulge the information except for the purposes of communicating
it to the foreign law enforcement agency, and in accordance with
subsections (11B) and (11C); and
(d) a person authorised by the
Commissioner under subsection (11C) to communicate the information to the
foreign law enforcement agency on the Commissioner’s behalf must not record,
communicate or divulge the information except for the purposes of communicating
it to the foreign law enforcement agency.
14A Paragraph 27(16)(d)
Repeal the paragraph.
14B Paragraph 27(16)(h)
Repeal the paragraph, substitute:
(h) the Crime and Misconduct Commission
of Queensland; and
14C At the end of
subsection 27(16)
Add:
; and (j) the Royal Commission (appointed by
the Governor of Western Australia on 12 December 2001) into whether since
1 January 1985 there has been corrupt conduct or criminal conduct by any
Western Australian police officer.
14D Paragraphs 27(17)(k) to (m)
Repeal the paragraphs.
14E Paragraphs 27(17)(t) and (u) (the paragraphs (t)
and (u) inserted by item 7 of Schedule 6 to the Measures to Combat
Serious and Organised Crime Act 2001)
Repeal the paragraphs.
14F Before paragraph 27(17)(v)
Insert:
(ua) a Commissioner of the Crime and
Misconduct Commission of Queensland; and
(ub) an Assistant Commissioner, Senior
Officer or member of the staff of that Commission; and
14G At the end of subsection 27(17)
Add:
; and (x) the person constituting the Royal
Commission (appointed by the Governor of Western Australia on 12 December
2001) into whether since 1 January 1985 there has been corrupt conduct or
criminal conduct by any Western Australian police officer; and
(y) a member of the staff of that Royal
Commission.
15 At the end of section 27
Add:
(20) A reference in this section to a foreign
law enforcement agency is a reference to an agency that has
responsibility for law enforcement in a foreign country.
16 Subparagraph 27AA(4)(a)(iii)
Omit “; and”, substitute “; or”.
17 At the end of paragraph 27AA(4)(a)
Add:
(iv) where communication to a
foreign intelligence agency is permitted under subsection (5A) or (5B)—the
foreign intelligence agency; and
Note 1: The following heading to subsection 27AA(2) is
inserted “Director’s authorisation must state FTR information, or class of
FTR information, to which access authorised”.
Note 2: The following heading to subsection 27AA(3) is
inserted “Who, within ASIO, may access information once access by ASIO is
authorised”.
Note 3: The following heading to subsection 27AA(4) is
inserted “Dealings with information once accessed”.
Note 4: The following heading to subsection 27AA(6) is
inserted “Use of accessed information in court proceedings”.
Note 5: The following heading to subsection 27AA(7) is
inserted “Dealings in contravention of this section”.
Note 6: The following heading to subsection 27AA(8) is
inserted “Interpretation”.
18 After subsection 27AA(5)
Insert:
Circumstances in which the Director‑General of
Security may communicate FTR information to a foreign intelligence agency
(5A) The Director‑General of Security may
communicate FTR information to a foreign intelligence agency if:
(a) the Director‑General is
satisfied that the foreign intelligence agency has given appropriate
undertakings for:
(i) protecting the
confidentiality of the information; and
(ii) controlling
the use that will be made of it; and
(iii) ensuring
that the information will be used only for the purpose for which it is
communicated to the foreign country; and
(b) it is appropriate, in all the
circumstances of the case, to do so.
(5B) The Director‑General of Security may,
in writing, authorise an ASIO officer to communicate the information to the
foreign intelligence agency on the Director‑General’s behalf.
19 Subsection 27AA(7) (note 2)
Repeal the note, substitute:
Note 2: Subsections 27(6) to (11), 27(12) and 27(13)
deal with the use by a police officer of FTR information obtained from ASIO.
20 Subsection 27AA(8)
Insert:
foreign intelligence agency means an agency
that has responsibility for:
(a) intelligence gathering for a foreign
country; or
(b) the security of a foreign country.
21 Application—items 1‑8
The amendments made by items 1 to 8 of this Schedule apply
to transactions completed on or after the day on which this Schedule commences.
Mutual Assistance in Criminal Matters
Act 1987
22 Part VIA
Repeal the Part.
Schedule 3—Amendment of
the Charter of the
United Nations Act 1945
Charter of the United Nations Act 1945
1 After Part 3
Insert:
Part 4—Offences to give effect to Security Council decisions
14
Definitions
In this Part:
asset means:
(a) an asset of any kind or property of
any kind, whether tangible or intangible, movable or immovable, however
acquired; and
(b) a legal document or instrument in
any form, including electronic or digital, evidencing title to, or interest in,
such an asset or such property, including, but not limited to, bank credits,
travellers cheques, bank cheques, money orders, shares, securities, bonds, debt
instruments, drafts and letters of credit.
freezable asset means an asset that:
(a) is owned or controlled by a
proscribed person or entity; or
(b) is a listed asset; or
(c) is derived or generated from assets
mentioned in paragraph (a) or (b).
listed asset means an asset listed by the
Minister under section 15.
proscribed person or entity means:
(a) a person or entity listed by the
Minister under section 15; or
(b) a person or entity proscribed by
regulation under section 18.
superior court means the Federal Court of
Australia or the Supreme Court of a State or Territory.
15
Listing persons, entities and assets
(1) The Minister must list a person or entity
under this section if the Minister is satisfied of the prescribed matters.
(2) The Governor‑General may make
regulations prescribing the matters of which the Minister must be satisfied
before listing a person or entity under subsection (1).
(3) The Minister may list an asset, or class
of asset, under this section if the Minister is satisfied of the prescribed
matters.
(4) The Governor‑General may make regulations
prescribing the matters of which the Minister must be satisfied before listing
an asset under subsection (3).
(5) A matter must not be prescribed under
subsection (2) or (4) unless the prescription of the matter would give
effect to a decision that:
(a) the Security Council has made under
Chapter VII of the Charter of the United Nations; and
(b) Article 25 of the Charter requires Australia
to carry out; and
(c) relates to terrorism and dealings
with assets.
(6) A person or entity is listed by notice in
the Gazette.
(7) An asset or class of asset is listed by
notice in the Gazette.
16
Minister may revoke the listing
(1) The Minister may revoke a listing under
section 15 if the Minister is satisfied that the listing is no longer
necessary to give effect to a decision that:
(a) the Security Council has made under
Chapter VII of the Charter of the United Nations; and
(b) Article 25 of the Charter requires Australia
to carry out; and
(c) relates to terrorism and dealings
with assets.
(2) The Minister may revoke the listing
either at the Minister’s own instigation or on application by the listed person
or entity.
(3) The listing is revoked by notice in the Gazette.
(4) The listing is revoked at the start of
the day immediately after the day on which notice is published in the Gazette.
17
Listed person or entity may apply to have the listing revoked
(1) A listed person or entity may apply to
the Minister to have the listing revoked.
(2) The application must:
(a) be in writing; and
(b) set out the circumstances relied
upon to justify the application.
(3) The Minister is not required to consider
an application (the current application) by a listed person or
entity under this section if the listed person or entity has made an
application under this section within one year before the current application.
18
Proscription by regulation
(1) The Governor‑General may make
regulations proscribing persons or entities under this section.
(2) A person or entity must not be proscribed
under subsection (1) unless the proscription would give effect to a
decision:
(a) that the Security Council has made
under Chapter VII of the Charter of the United Nations; and
(b) that Article 25 of the Charter
requires Australia to carry out; and
(c) that relates to terrorism and
dealings with assets; and
(d) under which the person or entity is
identified (whether in the decision or using a mechanism established under the
decision) as a person or entity to which the decision relates.
(3) The regulations may proscribe persons or
entities under this section by incorporating a list of persons or entities
identified, either in the decision itself or using a mechanism established
under the decision, as persons or entities to which the decision relates. The
list may be incorporated by the regulations as it exists from time to time.
19
Effect of resolution ceasing to bind Australia
(1) In so far as a listing under
section 15 gives effect to a particular decision of the Security Council,
the listing is revoked when Article 25 of the Charter of the United Nations
ceases to require Australia to carry out that decision.
(2) In so far as regulations proscribing a
person or entity under section 18 give effect to a particular decision of
the Security Council:
(a) the regulations cease to have effect
when Article 25 of the Charter of the United Nations ceases to require
Australia to carry out that decision; and
(b) they do not revive, even if Australia
again becomes required to carry out the decision.
(3) However, to avoid doubt, nothing in this
section prevents:
(a) the revocation, under
section 16, of a listing; or
(b) the repeal of regulations; or
(c) the making of regulations that are
the same in substance as regulations that have ceased to have effect because of
this section.
20
Offence—dealing with freezable assets
(1) A person commits an offence if:
(a) the person holds an asset; and
(b) the person:
(i) uses or deals with the
asset; or
(ii) allows the asset to be
used or dealt with; or
(iii) facilitates the use of the
asset or dealing with the asset; and
(c) the asset is a freezable asset; and
(d) the use or dealing is not in
accordance with a notice under section 22.
Penalty: Imprisonment for 5 years.
(2) Strict liability applies to the
circumstance that the use or dealing with the asset is not in accordance with a
notice under section 22.
(3) It is a defence if the person proves that
the use or dealing was solely for the purpose of preserving the value of the
asset.
(4) Section 15.1 of the Criminal Code
(extended geographical jurisdiction—category A) applies to an offence against
subsection (1).
21
Offence—giving an asset to a proscribed person or entity
(1) A person commits an offence if:
(a) the person, directly or indirectly,
makes an asset available to a person or entity; and
(b) the person or entity to whom the
asset is made available is a proscribed person or entity; and
(c) the making available of the asset is
not in accordance with a notice under section 22.
Penalty: Imprisonment for 5 years.
(2) Strict liability applies to the
circumstance that the making available of the asset is not in accordance with a
notice under section 22.
(3) Section 15.1 of the Criminal Code
(extended geographical jurisdiction—category A) applies to an offence against
subsection (1).
22
Authorised dealings
(1) The owner of a freezable asset may apply
in writing to the Minister for permission to use or deal with the asset in a
specified way.
(2) The owner of an asset may apply in
writing to the Minister for permission to make the asset available to a
proscribed person or entity specified in the application.
(3) The Minister may, by written notice:
(a) permit a freezable asset specified
in the notice to be used or dealt with in a specified way; or
(b) permit an asset specified in the
notice to be made available to a proscribed person or entity specified in the
notice.
(4) The notice may be subject to conditions.
(5) The notice must be given to the owner of
the asset as soon as practicable after it is made.
(6) The Minister may delegate the Minister’s
powers and functions under this section to:
(a) the Secretary of the Department; or
(b) an SES employee, or acting SES
employee, in the Department.
The delegation must be in writing.
(7) The delegate must comply with any
directions of the Minister in exercising powers or functions under the
delegation.
22A Regulations on procedures relating to freezable
assets
(1) The Governor‑General may make
regulations relating to procedures relating to assets that are, may be or may
become freezable assets.
(2) The regulations may provide for
procedures relating to information (including personal information) relating to
such assets in circumstances involving:
(a) a listing, or proposed listing, of a
person, entity, asset or class of asset under section 15; or
(b) a question whether an asset is or
may become a freezable asset; or
(c) an application for, or grant of,
permission under section 22.
(3) Subsection (2) does not limit
subsection (1).
23 Part
prevails over conflicting legal obligations
This Part prevails over provisions in
laws of the Commonwealth, or of a State or Territory, that would otherwise
require a person to act in contravention of this Part.
24
Indemnity for holder of assets
A person is not liable to an action,
suit or proceeding for anything done or omitted to be done in good faith
and without negligence in compliance or purported compliance with this Part.
25
Compensation for persons wrongly affected
If:
(a) the owner or controller of an asset
instructs a person holding the asset to use or deal with it; and
(b) the holder refuses to comply with
the instruction; and
(c) the refusal was in good faith, and
without negligence, in purported compliance with this Part; and
(d) the asset was not a freezable asset;
and
(e) the owner of the asset suffered loss
as a result of the refusal;
the owner of the asset is entitled to be compensated by
the Commonwealth for that loss.
26
Injunctions
(1) If a person has engaged, is engaging, or
proposes to engage, in conduct involving a contravention of this Part, a
superior court may by order grant an injunction restraining the person from
engaging in conduct specified in the order.
(2) An injunction may only be granted on
application by the Attorney‑General.
(3) On an application, the court may, if it
thinks it appropriate, grant an injunction by consent of all parties to the
proceedings, whether or not the court is satisfied that subsection (1)
applies.
(4) A superior court may, if it thinks it
desirable, grant an interim injunction pending its determination of an
application.
(5) A court is not to require the Attorney‑General
or anyone else, as a condition of granting an interim injunction, to give an
undertaking as to damages.
(6) A court may discharge or vary an
injunction it has granted.
(7) The power to grant or vary an injunction
restraining a person from engaging in conduct may be exercised:
(a) whether or not it appears to the
court that the person intends to engage again, or to continue to engage, in such
conduct; and
(b) whether or not the person has
previously engaged in such conduct.