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Section 28D

Exceptions to requirement to make declaration

of Anti-Money Laundering, Anti-Terrorism Financing, Anti-Restricted Activity Financing and Proceeeds of Unlawful Activities Act 2001

ActIn forceProvision 32 of 143
Section 28D
(1)

Section 28B shall not apply if—

(a)

the person is a commercial passenger carrier; and

(b)

the cash or bearer negotiable instrument is in the possession of the commercial passenger carrier’s passenger.

(2)

Section 28C shall not apply if—

(a)

the person is a commercial goods carrier;

(b)

the cash or bearer negotiable instrument is carried on behalf of another person;

(c)

the other person has not disclosed to the commercial goods carrier that the goods carried on his behalf include cash or bearer negotiable instruments; and

Anti-Money Laundering, Anti-Terrorism 49

Financing and Proceeds of Unlawful

Activities

(d)

the commercial goods carrier does not know and has no reasonable ground to believe that the goods carried on behalf of the other person include cash or bearer negotiable instruments.

(3)

The burden of proving the matters referred to in subsection (1)

or (2) lies with the person who wishes to rely on that subsection.