New Zealand Acts

TERRORISM SUPPRESSION ACT 2002 - SECT 44

44 Nature of suspicious property report

1 Except as provided in subsection (2), every report under section 43 must—

a) contain the details specified in Schedule 5 ; and

b) if made by a reporting entity, be signed by someone authorised to sign reports under section 43 on behalf of the reporting entity (unless the report is forwarded by email or another similar means of communication); and

c) if made by any other person, be signed by the person or by someone authorised to sign reports under section 43 on behalf of the person (unless the report is forwarded by email or another similar means of communication); and

d) be forwarded, in writing, to the Commissioner of Police at Police National Headquarters at Wellington—

i) by way of transmission by fax; or

ii) by another means (including, without limitation, by email or another similar means of communication) that may be agreed from time to time between that Commissioner and the reporting entity or person concerned.

2 However, if the urgency of the situation requires, a report under section 43 may be made orally to any constable authorised for the purpose by the Commissioner of Police, but in any case of that kind the reporting entity or other person must, as soon as practicable, forward to that Commissioner a report that complies with the requirements of subsection (1).

3 The Commissioner of Police may confer the authority to receive a report under subsection (2) on any specified constable or on constables of any specified level of position or class, or on any constable or constables for the time being holding any specified office or specified class of offices.

4 If a report under section 43 is made by or on behalf of a reporting entity in respect of property that came into the possession or immediate control of the reporting entity through a transaction or a service conducted or proposed to be conducted through the reporting entity, the reporting entity need not make a suspicious activity report in respect of the transaction or proposed transaction or service or proposed service unless asked to do so by or on behalf of the Commissioner of Police.

5 In this section, section 47 , and Schedule 5 ,—

a)
"facility" ,
"reporting entity" ,
"suspicious activity report" , and
"transaction" have the meanings given to them in section 5 of the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 ; and

b)
"service" has the meaning given to it in section 39A of that Act.

Note: 1996 No 9 s 15(2)–(4)

History: Section 44(1)(b): amended, on 5 October 2021, by section 25(1)(a) of the Counter-Terrorism Legislation Act 2021 (2021 No 37).   Section 44(1)(b): amended, on 5 October 2021, by section 25(1)(b) of the Counter-Terrorism Legislation Act 2021 (2021 No 37).     Section 44(1)(b): amended, on 17 October 2009, by section 161(2) of the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (2009 No 35).     Section 44(1)(d)(ii): amended, on 5 October 2021, by section 25(2) of the Counter-Terrorism Legislation Act 2021 (2021 No 37).     Section 44(2): amended, on 5 October 2021, by section 25(3) of the Counter-Terrorism Legislation Act 2021 (2021 No 37).     Section 44(2): amended, on 17 October 2009, by section 161(2) of the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (2009 No 35).     Section 44(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).     Section 44(3): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).     Section 44(3): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).     Section 44(4): amended, on 5 October 2021, by section 25(4)(a) of the Counter-Terrorism Legislation Act 2021 (2021 No 37).     Section 44(4): amended, on 5 October 2021, by section 25(4)(b) of the Counter-Terrorism Legislation Act 2021 (2021 No 37).     Section 44(4): amended, on 5 October 2021, by section 25(4)(c) of the Counter-Terrorism Legislation Act 2021 (2021 No 37).     Section 44(4): amended, on 24 October 2019, by section 171(1) of the Statutes Amendment Act 2019 (2019 No 56).     Section 44(4): amended, on 17 October 2009, by section 161(2) of the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (2009 No 35).     Section 44(5): replaced, on 5 October 2021, by section 25(5) of the Counter-Terrorism Legislation Act 2021 (2021 No 37).