Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FINANCIAL TRANSACTION REPORTS ACT 1988 - SECT 23

Cash dealer to keep documents

  (1)   If a cash dealer makes or obtains a record of any information in the course of obtaining account information or signatory information for the purpose of compliance with this Part, the cash dealer must retain the record or a copy of it for 7 years after the day on which the relevant account is closed.

  (4)   If any information is part of the account information or signatory information of more than one account with the cash dealer, subsection   (1) applies as if the reference to the day on which the account is closed were a reference to the day on which the last of those accounts is closed.

  (5)   A cash dealer required to retain documents under subsection   (1) shall retain and store them in a way that makes retrieval of the documents reasonably practical.

  (6)   Subsection   (1) does not limit any other obligation of a cash dealer to retain documents.

  (7)   Where a cash dealer is required by law to release a document to which subsection   (1) applies before the end of the period referred to in that subsection, the cash dealer shall retain a complete copy of the document until the period has ended or the document is returned, whichever occurs first.

  (8)   The cash dealer shall maintain a register of documents released under subsection   (7).

Penalty:   Imprisonment for 1 year.

Note:   Subsection   4B(2) of the Crimes Act 1914 allows a court to impose in respect of an offence an appropriate fine instead of, or in addition to, a term of imprisonment. The maximum fine that a court can impose on an individual is worked out by multiplying the maximum term of imprisonment (in months) by 5, and then multiplying the resulting number by the amount of a penalty unit. The amount of a penalty unit is stated in section   4AA of that Act. If a body corporate is convicted of an offence, subsection   4B(3) of that Act allows a court to impose a fine that is not greater than 5 times the maximum fine that could be imposed by the court on an individual convicted of the same offence.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback