Anti-Money Laundering and Counter-Terrorism Financing Rules 2025 (Cth)

Anti‑Money Laundering and Counter‑Terrorism Financing Rules 2025

I, Dr John Moss AIM, Acting Chief Executive Officer, Australian Transaction Reports and Analysis Centre, make the following rules.

Dated 29 August 2025

Dr John Moss AIM

Acting Chief Executive Officer

Australian Transaction Reports and Analysis Centre

Contents

Part 1—Preliminary

1‑1Name

This instrument is the Anti-Money Laundering and Counter-Terrorism Financing Rules 2025.

1‑2Commencement

(1)
Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	31 March 2026.	31 March 2026

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2)
Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

1‑3Authority

This instrument is made under the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006.

1‑4Definitions

Note: Expressions used in this instrument have the same meaning as in the Act (see paragraph 13(1)(b) of the Legislation Act 2003). Some examples are the following:
(a) designated service;
(b) financial institution;
(c) governing body;
(d) nested services relationship;
(e) reporting entity;
(f) senior manager;
(g) transfer of value.
In this instrument:
ABN has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.
ACN has the meaning given by section 9 of the Corporations Act 2001.
Act means the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006.
ARBN has the meaning given by section 9 of the Corporations Act 2001.
ARSNhas the meaning given by section 9 of the Corporations Act 2001.
Attorney‑General’s Department means the Department administered by the Attorney‑General.
BECS means the Bulk Electronic Clearing System administered by the Australian Payments Network.
BPAY means the electronic bill payment system known as BPAY.
card number includes a tokenised referencethat allows the issuer of a credit card, debit card or stored value card to trace a payment to a payer’s card.
co‑operative means a body that, under a law of the Commonwealth, a State, a Territory or a foreign country, is registered as a co‑operative.
corporate group means a group of 2 or more bodies corporate, where each member of the group is a related body corporate of each other member of the group.
Defence Department means the Department administered by the Minister responsible for administering the Defence Act 1903.
DEFT (short for “Direct Electronic Funds Transfer”) means the electronic bill payment system known as DEFT.
director identification number has the meaning given by section 9 of the Corporations Act 2001.
domestic transfer of value: a transfer of value is a domestic transfer of value if the value to be transferred is in Australia and, as a result of the transfer, the value will be in Australia.
Note: See section 8‑9 for the circumstances in which the value is in a country.
earnings has the meaning given by subsection 3‑4(1).
eligible officer has the meaning given by section 1272B of the Corporations Act 2001.
Foreign Affairs Department means the Department administered by the Minister responsible for administering the Diplomatic Privileges and Immunities Act 1967.
foreign company has the same meaning as in the Corporations Act 2001.
Home Affairs Department means the Department administered by the Minister responsible for administering the Australian Border Force Act 2015.
independent evaluation report has the meaning given by paragraph 5‑10(2)(e).
key personnel of a person means each individual who is any of the following:
(a)
either:
(i)
for a person who is an individual—the individual; or
(ii)
otherwise—the individual, or an individual in the group of individuals, with primary responsibility for the governance and executive decisions of the person;
(b)
for a person other than an individual—a beneficial owner of the person;
(c)
an individual who makes, or participates in making, decisions that affect the whole, or a substantial part, of the business of the person;
(d)
an AML/CTF compliance officer of the person.
Note: For a person who is a reporting entity:
(a) paragraph (a) covers the reporting entity’s governing body (defined in section 5 of the Act); and
(b) paragraph (c) covers a senior manager (defined in section 5 of the Act) of the reporting entity.
leviable entityhas the same meaning as in the Australian Transaction Reports and Analysis Centre Industry Contribution Act 2011.
merchant payment: a transfer of value is a merchant payment if:
(a)
the value transferred is money; and
(b)
the money is transferred to the payee in the payee’s capacity as a merchant; and
(c)
the transfer occurs as a result of the use of any of the following:
(i)
a credit card;
(ii)
a debit card;
(iii)
a stored value card; and
(d)
the ordering institution issued that card to the payer; and
(e)
the beneficiary institution initiates the transfer by sending the payer’s instruction for the transfer to the ordering institution; and
(f)
the beneficiary institution pays, or accepts liability to pay, the payee (either directly or through another person).
passport has the same meaning as in the Migration Act 1958.
payable‑through accounts has the meaning given by paragraph 7‑1(3)(g).
payer information, in relation to a transfer of value, means both of the following:
(a)
the payer’s full name;
(b)
information that is one or more of the following:
(i)
a unique customer identification number given to the payer by the ordering institution;
(ii)
a unique identifier for the payer;
(iii)
if the payer is an individual—the payer’s date and place of birth;
(iv)
the payer’s full business or residential address (not being a post box).
registered financial sector entity means an entity that is a registered entity within the meaning of the Financial Sector (Collection of Data) Act 2001.
registrable services means:
(a)
in relation to registration or proposed registration of a person under Part 6 of the Act as a remittance network provider—registrable remittance network services; or
(b)
in relation to registration or proposed registration of a person under Part 6 of the Act as an independent remittance dealer or a remittance affiliate of a registered remittance network provider—registrable remittance services; or
(c)
in relation to registration or proposed registration of a person under Part 6A of the Act as a virtual asset service provider—registrable virtual asset services.
related body corporate has the same meaning as in the Corporations Act 2001.
super‑agent has the meaning given by subsection 4‑13(2).
tracing information, in relation to a transfer of value, means information that satisfies both of the following:
(a)
the information:
(i)
for a transfer from an account held by the payer with the ordering institution—enables the ordering institution to identify the account; or
(ii)
for a transfer of a virtual asset from a custodial wallet—enables the ordering institution to identify the payer’s virtual asset holdings in the wallet (such as by providing the wallet address, including the destination tag or memo details, if applicable); or
(iii)
for a transfer of a virtual asset from a self‑hosted virtual asset wallet—provides the address of the wallet; or
(iv)
in any other case—provides a unique transaction reference number for the transfer of value;
(b)
the information:
(i)
for a transfer in circumstances where the value is to be made available to the payee by depositing it into an account held by the payee—enables the beneficiary institution to identify the account; or
(ii)
for a transfer of a virtual asset in circumstances where the asset is to be made available to the payee by transferring it to a custodial wallet—enables the beneficiary institution to identify the payer’s virtual asset holdings in the wallet (such as by providing the wallet address, including the destination tag or memo details, if applicable); or
(iii)
for a transfer of a virtual asset in circumstances where the value is to be made available to the payee by transferring it to a self‑hosted virtual asset wallet—provides the address of the wallet; or
(iv)
in any other case—provides a unique transaction reference number for the transfer of value.
Note: An example of information to which subparagraphs (a)(i) and (b)(i) apply is a combination of a BSB and account number.
ultimate parent of a remitter, virtual asset service provider or financial institution means a body corporate that:
(a)
controls the remitter, virtual asset service provider or financial institution; and
(b)
is not itself controlled by another body corporate.
Note: For the meaning of control, see section 11 of the Act.
unique identifier for a person means:
(a)
a unique identifier given to the person by an Australian government body (other than the person’s tax file number within the meaning of section 202A of the Income Tax Assessment Act 1936); or
(b)
a unique identifier given to the person by a government body of a foreign country (together with information identifying the body); or
(c)
a legal entity identifier given to the person by an organisation accredited by the Global Legal Entity Identifier Foundation (together with information identifying the organisation); or
(d)
a connected business identifier code given to the person by the Society for Worldwide Interbank Financial Telecommunication.
unique transaction reference number, in relation to a transfer of value, means information to which both of the following paragraphs apply:
(a)
the information is a combination of any or all of the following:
(i)
letters;
(ii)
digits;
(iii)
characters;
(iv)
symbols;
(b)
the information distinguishes the transfer of value in a way that, either alone or in conjunction with any other information in the transfer message for the transfer of value, enables the ordering institution to associate the transfer of value with the payer, and the beneficiary institution to associate the transfer of value with the payee.

1‑5Domestic politically exposed person

For the purposes of paragraph (a) of the definition of domestic politically exposed person in section 5 of the Act, the following offices and positions are specified:
(a)
Governor‑General;
(b)
Governor of a State;
(c)
Administrator of a Territory;
(d)
Justice of the High Court;
(e)
Judge of the Federal Court of Australia;
(f)
Judge of the Supreme Court of a State or Territory;
(g)
accountable authority, or member of the accountable authority, of a Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013;
(h)
member of the governing body of a wholly‑owned Commonwealth company within the meaning of the Public Governance, Performance and Accountability Act 2013;
(i)
head (however described) of:
(i)
a Department of State of a State or Territory; or
(ii)
an agency or authority of a State or Territory that has a prominent public function;
(j)
head (however described) of a local government council in a State or Territory;
(k)
any of the following offices of a company or other incorporated body that is wholly‑owned or majority‑owned by a State or Territory:
(i)
chair of the board;
(ii)
chief executive officer;
(iii)
chief financial officer;
(l)
Chief of the Defence Force, Vice Chief of the Defence Force, Chief of Navy, Chief of Army or Chief of Air Force;
(m) officer of the Navy of the rank of Vice Admiral or a higher rank;
(n)
officer of the Army of the rank of Lieutenant General or a higher rank;
(o)
officer of the Air Force of the rank of Air Marshal or a higher rank;
(p)
any of the following offices of the Commonwealth in a foreign country, or to a public international organisation, to which appointments are made by the Governor‑General:
(i)
Ambassador;
(ii)
High Commissioner;
(iii)
Consul‑General;
(iv)
Australian Representative;
(v)
Special Representative;
(vi)
Representative;
(vii)
Permanent Representative;
(viii)
Chargé d’Affaires;
(q)
member of the governing body of a political party represented in the legislature of the Commonwealth or a State or Territory.

1‑6Enrolment details

For the purposes of the definition of enrolment details in section 5 of the Act, enrolment details in relation to a person are the information mentioned in sections 3‑2, 3‑3 and 3‑4 in relation to the person (as an applicant).
Note: Sections 3‑2, 3‑3 and 3‑4 set out the information that is required to be contained in an enrolment application regarding the applicant and its designated services.

1‑7Registrable details

For the purposes of the definition of registrable details in section 5 of the Act, the following are the registrable details in relation to a person registered under Part 6 or 6A of the Act (which deal with the Remittance Sector Register and the Virtual Asset Service Provider Register):
(a)
the full name of the person;
(b)
any other names of the person under which the person provides or will provide its registrable services;
(c)
the person’s ABN, ACN, ARBN and ARSN (as applicable);
(d)
a legal entity identifier for the person (if any) given by an organisation accredited by the Global Legal Entity Identifier Foundation (together with information identifying the organisation);
(e)
the address of the principal place of business of the person in Australia (if applicable);
(f)
the domain names for all websites through which the person provides or will provide its registrable services.

1‑8Transfer of value – excluded transfers

(1)
For the purposes of paragraph (b) of the definition of transfer of value in section 5 of the Act, a transfer covered by subsection (2) or (3) of this section is specified.
(2)
This subsection covers a transfer of a security or derivative that is not a virtual asset.
(3)
This subsection covers a transfer of money if:
(a)
the transfer occurs in the course of a person performing administrative services for a client of the person that is an employer; and
(b)
the administrative services relate to:
(i)
payments, on behalf of the employer, of salary, wages or other benefits to its employees; or
(ii)
arrangements between the employer and its employees under which employees forgo amounts of salary or wages in return for benefits of a similar cost; or
(iii)
payments, on behalf of the employer, of superannuation contributions for its employees; and
(c)
the transfer does not involve the receipt of physical currency from the payer or a person acting on behalf of the payer; and
(d)
the transfer does not involve making physical currency available to the payee or to a person acting on behalf of the payee.

1‑9Security – managed investment schemes

For the purposes of paragraph 7A(2)(a) of the Act, an interest in a managed investment scheme is specified as a security.

Part 2Reporting groups2‑1Reporting group that is a business group

Conditions on group members
(1)
For the purposes of subparagraph 10A(1)(a)(ii) of the Act, each member of the group must have agreed, in writing, as to which member is the lead entity of the reporting group (being a member that satisfies the requirements in subsection (2) of this section).
Lead entity
(2)
For the purposes of subsection 10A(5) of the Act, the lead entity of a reporting group to which paragraph 10A(1)(a) of the Act applies must satisfy the following requirements:
(a)
the member is the member of the reporting group that the other members of the group have agreed, in writing, will be the lead entity of the group;
(b)
the member is not controlled by another member of the group that provides designated services;
(c)
the member has the capacity to determine the outcome of decisions about the AML/CTF policies of the other members of the group;
(d)
the member is one of the following:
(i)
a body corporate incorporated in Australia;
(ii)
a registered foreign company within the meaning of the Corporations Act 2001;
(iii)
a trust that has at least one trustee that is a resident of Australia;
(iv)
if the member is not a body corporate, foreign company or trust—a resident of Australia.

2‑2Reporting group formed by election

Conditions on group members
(1)
For the purposes of subparagraph 10A(1)(b)(iv) of the Act, each member of the group must be:
(a)
a reporting entity; or
(b)
a person who discharges obligations imposed on members of the reporting group by the Act, the regulations or the AML/CTF Rules; or
(c)
a member of a business group.
(2)
A member of a business group is only permitted to be a member of a group to which paragraph 10A(1)(b) of the Act applies if all members of the business group are also members of the group to which paragraph 10A(1)(b) applies.
Note: If one member of a business group elects to leave a reporting group, the other members of the business group are no longer permitted to be members of the reporting group (and are taken to have elected to also leave—see subsection (9)).
Lead entity
(3)
For the purposes of subsection 10A(5) of the Act, the lead entity of a reporting group to which paragraph 10A(1)(b) of the Act applies is the member of the group that satisfies the following requirements:
(a)
the member is not controlled by another member of the reporting group that provides designated services;
(b)
if the reporting group includes members of one or more business groups—the member is a member of one of those business groups;
(c)
the other members of the group have agreed to the member having the capacity to determine the outcome of decisions about the AML/CTF policies of the other members;
(d)
the member is one of the following:
(i)
a body corporate incorporated in Australia;
(ii)
a registered foreign company within the meaning of the Corporations Act 2001;
(iii)
a trust that has at least one trustee that is a resident of Australia;
(iv)
if the member is not a body corporate, foreign company or trust—a resident of Australia.
Election to join reporting group
(4)
For the purposes of subparagraph 10A(1)(b)(ii) of the Act, a person electing to be a member of a reporting group that is already in operation must have obtained the consent of the lead entity of the reporting group.
Note 1: A person enrolled under Part 3A of the Act (Reporting Entities Roll) is required to advise of changes in the person’s enrolment details, including whether the person is a member of a reporting group—see subsection 51F(1) of the Act and subsection 3‑3(8) and section 3‑9 of this instrument.
Note 2: The AML/CTF policies of the lead entity of a reporting group must deal with recording changes of membership—see section 5‑16 of this instrument.
(5)
For the purposes of subsection 10A(1B) of the Act, a member of a business group is not required to make an election in writing if another member of the business group has made an election on behalf of, and with the consent of, all members.
(6)
For the purposes of subparagraph 10A(1)(b)(vi) and subsection 10A(1B) of the Act, if:
(a)
a person becomes a member of a business group; and
(b)
the existing members of the business group are members of a reporting group to which paragraph 10A(1)(b) of the Act applies;
the person also becomes a member of the reporting group.
Conditions for leaving group
(7)
For the purposes of subparagraph 10A(1)(b)(vi) of the Act, a member of a reporting group (other than the lead entity) that elects to leave the reporting group must give the lead entity notice in writing.
Note 1: A person enrolled under Part 3A of the Act (Reporting Entities Roll) is required to advise of changes in the person’s enrolment details, including whether the person is a member of a reporting group—see subsection 51F(1) of the Act and subsection 3‑3(8) and section 3‑9 of this instrument.
Note 2: The AML/CTF policies of the lead entity of a reporting group must deal with recording changes of membership—see section 5‑16 of this instrument.
(8)
For the purposes of subparagraph 10A(1)(b)(vi) of the Act, if the lead entity of a reporting group elects to leave the reporting group, the lead entity must give each other member of the group notice in writing.

Note: A person enrolled under Part 3A of the Act (Reporting Entities Roll) is required to advise of changes in the person’s enrolment details, including whether the person is a member of a reporting group—see subsection 51F(1) of the Act and subsection 3‑3(8) and section 3‑9 of this instrument.
(9)
For the purposes of subparagraph 10A(1)(b)(vi) of the Act, if a member of a reporting group that elects to leave the group is also a member of a business group, all members of the business group are taken to have elected to leave the reporting group.
Condition for operation of group
(10)
For the purposes of subparagraph 10A(1)(b)(vi) of the Act:
(a)
a reporting group must not operate without a lead entity for a continuous period of more than 28 days; and
(b)
during any such period, each member of the reporting group that is a reporting entity must continue to comply with the AML/CTF policies of the most recent lead entity of the group (the previous lead entity) that applied to the member immediately before the previous lead entity ceased to be the lead entity of the group.
Membership of more than one reporting group
(11)
For the purposes of subsection 10(2A) of the Act, a person that is:
(a)
a member of a reporting group to which paragraph 10A(1)(b) of the Act applies; and
(b)
a member of a business group that is a reporting group to which paragraph 10A(1)(a) of the Act applies;
is taken for the purposes of the Act to be a member of only the former.

2‑3Conditions for discharge of obligations by members of a reporting group

For the purposes of paragraph 236B(5)(c) of the Act, it is a condition for discharging an obligation imposed on a reporting entity that is a member of a reporting group that the reporting group has a lead entity.

2‑4Conditions for discharge of obligations by members of a reporting group that are not reporting entities

(1)
For the purposes of paragraph 236B(5)(c) of the Act, this section specifies conditions that apply when the member of the reporting group (the discharging member) that is to discharge an obligation of another member of the reporting group is not itself a reporting entity.
(2)
The discharging member must have undertaken due diligence, in relation to persons who are employed or otherwise engaged and who perform functions relevant to discharging the obligation, that satisfies the requirements of the AML/CTF policies of the reporting entity included in those policies for the purposes of paragraph 26F(4)(d) of the Act.
(3)
The discharging member must have provided training to those persons that satisfies the requirements of the AML/CTF policies of the reporting entity included in those policies for the purposes of paragraph 26F(4)(e) of the Act.

Part 3EnrolmentDivision 1Application for enrolment3‑1Purpose of this Division

For the purposes of paragraph 51E(2)(b) of the Act, this Division sets out the information that must be contained in an application for enrolment as a reporting entity under subsection 51E(1) of the Act.

3‑2Information about applicant’s designated services

(1)
The application must contain the following information in relation to each kind of designated services provided or proposed to be provided by the applicant:
(a)
a description of the designated services;
(b)
the date the applicant commenced to provide, or proposes to provide, the designated services;
(c)
whether any of the following circumstances apply:
(i)
the applicant provides, or proposes to provide, the designated services at or through a permanent establishment of the applicantin Australia;
(ii)
the applicant is a resident of Australia and the designated services are provided, or proposed to be provided, at or through a permanent establishment of the applicant in a foreign country;
(iii)
the applicant is a subsidiary of a company that is a resident of Australia and the designated services are provided, or proposed to be provided, at or through a permanent establishment of the applicant in a foreign country;
(d)
information on the industry in which the applicant provides, or proposes to provide, the designated services.
(2) If designated services provided, or proposed to be provided, by the applicant are registrable remittance network services, registrable remittance services or registrable virtual asset services, the application must contain information about whether the applicant is, or whether an application has been or will be made for the applicant to be, any of the following:
(a)
for registrable remittance network services—a registered remittance network provider;
(b)
for registrable remittance services—a registered independent remittance dealer or a registered remittance affiliate of a registered remittance network provider;
(c)
for registrable virtual asset services—a registered virtual asset service provider.
(3)
The application must contain information on whether section 233K of the Act:
(a)
applies to the applicant; or
(b)
will applyto the applicant if the applicant provides a designated service proposed to be provided by the applicant.
Note: Under section 233K of the Act, certain provisions of the Act do not apply to a reporting entity that provides certain gambling services in circumstances where the entity and any related entity that is a reporting entity are entitled to operate no more than 15 gaming machines under State or Territory licences.
(4)
If all the designated services provided, or proposed to be provided, by the applicant are covered by item 54 of table 1 in section 6 of the Act, the application must contain a statement to that effect.
Note: Item 54 of table 1 in section 6 of the Act covers a holder of an Australian financial services licence who arranges for a person to receive a designated service.

3‑3Information relating to the applicant

General information relating to the applicant
(1)
The application must contain the following information relating to the applicant:
(a)
the applicant’s full name, and any registered or other names under which the applicant provides or will provide its designated services;
(b)
the applicant’s ABN, ACN, ARBN and ARSN (as applicable);
(c)
a legal entity identifier for the applicant (if any) given by an organisation accredited by the Global Legal Entity Identifier Foundation (together with information identifying the organisation);

(d)
the address of the applicant’s registered office (if applicable);
(e)
the address of the applicant’s principal place of business or operations in Australia;
(f)
if the applicant is not an individual—information about the legal form of the applicant (such as a partnership, company or trust);
(g)
the names of any beneficial owners of the applicant;
(h)
information on the number of employees employed by the applicant;
(i)
if the applicant is an Australian resident (within the meaning of the Income Tax Assessment Act 1997)—whether the applicant was a small business entity (within the meaning of section 328‑110 of that Act) for the income year (within the meaning of that Act) corresponding to the previous financial year;
(j)
information identifying one or more associations of which the applicant is a member (if any) that represent the interests of a particular industry, profession or trade;
(k)
the applicant’s telephone number;
(l)
the applicant’s email address;
(m)
the full name, job title or position and email address of a contact person for the purposes of communications relating to the Australian Transaction Reports and Analysis Centre Industry Contribution (Collection) Act 2011;
(n)
the domain names for all websites (if any) through which the applicant provides or will provide its designated services;
(o)
a description of the applicant’s business or principal activity;
(p)
the approximate annual turnover of the applicant for the most recent financial year.
Information for bodies corporate
(2)
If the applicant is a body corporate, the application must contain the following information relating to the body corporate:
(a)
the full name, and any former names, of each director;
(b)
the date of birth of each director;
(c)
the director identification number (if any) of each eligible officer of the body corporate;
(d)
the country in which the body corporate was incorporated and any countries in which it is registered;
(e)
if the body corporate was incorporated or is registered in any foreign country—the address of the principal place of business of the body corporate in that foreign country.
(3)
If the applicant is a body corporate that has an ultimate holding company (within the meaning of the Corporations Act 2001), the application must contain the following information relating to the ultimate holding company:
(a)
the name of the ultimate holding company;
(b)
the address of the principal place of business and the registered office of the ultimate holding company;
(c)
the country or countries of which the ultimate holding company is a resident;
(d)
a unique identifier for the ultimate holding company.
Information for government bodies
(4)
If the applicant is a government body, the application must contain the following information relating to the applicant:
(a)
whether the applicant is an Australian government body;
(b)
if the applicant is not an Australian government body—the foreign country in which the applicant is established.
Note: For the meaning of Australian government body, see section 5 of the Act.
Information for partnerships
(5)
If the applicant is a partnership, the application must contain the following information in relation to each partner:
(a)
for a partner that is an individual (other than a trustee) and who has, or is a member of a group of individuals who have, primary responsibility for the governance and executive decisions of the partnership:
(i)
the individual’s full name, and any former names of the individual; and
(ii)
the individual’s residential address; and
(iii)
the individual’s date of birth; and
(iv)
a unique identifier for the individual given by an Australian government body or a government body of a foreign country;
(b)
for a partner that is a body corporate (other than a trustee)—the information mentioned in paragraphs (2)(a) to (e), in relation to the partner;
(c)
for a partner that is an association—the information mentioned in subsection (7) in relation to the association;
(d)
for a partner that is a trustee of a trust:
(i)
the name of the trust; and
(ii)
the information mentioned in paragraphs (6)(a) to (d), in relation to the trust.
Information for trusts
(6)
If the applicant is a trust, the application must contain the following information relating to the trust:
(a)
the kind of trust (such as discretionary trust, bare trust or unit trust);
(b)
any former names of the trust;
(c)
for any trustee that is an individual—the information mentioned in subparagraphs (5)(a)(i) to (iv), in relation to the trustee;
(d)
for any trustee that is a body corporate—the information mentioned in paragraphs (2)(a) to (e), in relation to the trustee.
Information for associations or co‑operatives
(7)
If the applicant is an incorporated association, an unincorporated association or a co‑operative, the application must contain the information mentioned in subparagraphs (5)(a)(i) to (iv) in relation to the individual, or each member of a group of individuals, with primary responsibility for the governance and executive decisions of the association or co‑operative.
Information relating to reporting group
(8)
The application must contain the following information:
(a)
whether the applicant is a member of a reporting group;
(b)
whether the applicant is the lead entity of a reporting group;
(c)
if the applicant is the lead entity of a reporting group—the following information about the members of the reporting group that are reporting entities:
(i)
the name of the reporting entity;
(ii)
the identifier assigned to the reporting entity by AUSTRAC (if any);
(iii)
another unique identifier for the reporting entity;
(d)
if the applicant is a member of a reporting group but not the lead entity of the reporting group—the following information about the lead entity:
(i)
the name of the lead entity;
(ii)
the identifier assigned to the lead entity by AUSTRAC (if any);
(iii)
another unique identifier for the lead entity.

3‑4Information relating to earnings

(1)
The earningsof a person for a period has the meaning given by the following table.

Definition of earnings
Item	Type of person	Is the person a foreign company or a subsidiary of a foreign company?	Definition of earnings of the person for a period
1	An ADI or registered financial sector entity, or a related body corporate of an ADI or registered financial sector entity	No	The total profit of the person for the period before tax, depreciation and amortisation
2	An ADI or registered financial sector entity, or a related body corporate of an ADI or registered financial sector entity	Yes	The total profit of the person for the period derived from operations in Australia, before tax, depreciation and amortisation
3	A person not covered by item 1 or 2	No	The total earnings of the person for the period before tax, interest, depreciation and amortisation
4	A person not covered by item 1 or 2	Yes	The total earnings of the person for the period derived from operations in Australia, before tax, interest, depreciation and amortisation

(2)
Subject to subsection (3), the application must contain:
(a)
if the applicant is not a member of a corporate group—the earnings of the applicant for a period of 12 months; or
(b)
if the applicant is a member of a corporate group—the total earnings, for a period of 12 months, of the applicant and all other members of the group that are leviable entities for the financial year in which the period ends.
Note: A leviable entity does not include a person who is an “exempt entity” within the meaning of the Australian Transaction Reports and Analysis Centre Industry Contribution Act 2011.
(3)
Subsection (2) does not apply if the earnings or total earnings, as the case may be, are less than $100,000,000.

3‑5Information about the person completing the application and declaration

Information about the individual completing the enrolment application
(1)
The application must contain the following information relating to the individual completing the application:
(a)
the individual’s full name;
(b)
the individual’s job title or position;
(c)
information on the individual’s role or relationship in relation to the applicant;
(d)
the individual’s telephone number;
(e)
the individual’s email address.
Declaration by the individual completing the application
(2)
The application must contain a declaration by the individual completing the application that the information contained in the application is true and correct.

Division 2Correction and removal of enrolment details3‑6Correction of entries in the Reporting Entities Roll

For the purposes of paragraph 51C(4)(a) of the Act, if the AUSTRAC CEO reasonably believes that there is an error in, or an omission from, an entry in the Reporting Entities Roll, the AUSTRAC CEO may correct the error or omission.

3‑7Removal of name and enrolment details on AUSTRAC CEO’s own initiative

For the purposes of paragraph 51C(4)(b) of the Act, the AUSTRAC CEO may remove a person’s name and enrolment details from the Reporting Entities Roll on the AUSTRAC CEO’s own initiative if the AUSTRAC CEO reasonably believes that the person has ceased to provide designated services or has not commenced to provide designated services.

3‑8Request to remove entry from Reporting Entities Roll – required information

For the purposes of paragraph 51G(2)(b) of the Act, a request by a person under subsection 51G(1) of the Act to remove the person’s name and enrolment details from the Reporting Entities Roll must contain the following information:
(a)
the person’s full name;
(b)
whether the person has ceased to provide designated services, and if so, the date on which the person ceased to provide designated services;
(c)
whether the person intends to provide a designated service in the next financial year to begin after the request is given;
(d)
whether the person has any outstanding obligations to provide a report under any of the following provisions of the Act, and if so, information on the outstanding obligations:
(i)
section 43 (reports of threshold transactions);
(ii)
section 46 (reports of international value transfer services);
(iii)
section 46A (reports of transfers of value involving unverified self‑hosted virtual asset wallets);
(iv)
section 47 (AML/CTF compliance reports).

Division 3Changes in enrolment details3‑9Changes in enrolment details to be advised

(1)
For the purposes of subsection 51F(1) of the Act, a change in a person’s enrolment details that are information mentioned in section 3‑2 or 3‑3 is specified.
(2)
For the purposes of subsection 51F(1) of the Act, a change in a person’s enrolment details that is information mentioned in subsection 3‑4(2) for each succeeding period of 12 months is specified.

Part 4RegistrationDivision 1Management of the Remittance Sector Register and the Virtual Asset Service Provider Register4‑1Correction of entries

(1)
This section is made for the purposes of paragraphs 75(4)(a) and 76B(4)(a) of the Act.
(2)
If the AUSTRAC CEO reasonably believes that there is an error in, or omission from, an entry in the Remittance Sector Register or the Virtual Asset Service Provider Register, the AUSTRAC CEO may correct the error or omission.
(3)
As soon as reasonably practicable after making a correction of an entry under this section, the AUSTRAC CEO must give notice of the correction to:
(a)
the person whose registration the entry relates to; and
(b)
if the registration is of a person as a remittance affiliate of a registered remittance network provider—the provider.

4‑2Publication of register information

(1)
For the purposes of subsections 75(4) and 76B(4) of the Act, the AUSTRAC CEO must publish the following on AUSTRAC’s website:
(a)
the details mentioned in paragraphs 75A(1)(a), (b), (c) and (f) of the Act on the Remittance Sector Register;
(b)
the details mentioned in paragraphs 76C(a) and (d) of the Act on the Virtual Asset Service Provider Register;
(c)
information mentioned in section 4‑24 of this instrument (register entry in relation to suspension of registration) on the Remittance Sector Register and the Virtual Asset Service Provider Register.
(2)
If the AUSTRAC CEO considers it appropriate to do so, the AUSTRAC CEO may publish on AUSTRAC’s website one or more conditions, mentioned in paragraph 75A(1)(d) or 76C(b) of the Act, to which the registration of a person is subject.

Division 2Information requirements for registration applications4‑3Purpose of this Division

For the purposes of paragraphs 75B(3)(b) and 76D(2)(b) of the Act, this Division sets out the information that must be contained in the following:
(a)
an application by a person under subsection 75B(1) of the Act for registration as a remittance network provider, an independent remittance dealer or a remittance affiliate of a registered remittance network provider;
(b)
an application by a registered remittance network provider under subsection 75B(2) of the Act for another person to be registered as a remittance affiliate of the registered remittance network provider;
(c)
an application by a person under subsection 76D(1) of the Act for registration as a virtual asset service provider.

4‑4Application – general information

(1)
The application must contain the following information relating to the person (the candidate) proposed to be registered:
(a)
the candidate’s full name;
(b)
both of the following:
(i)
any other names the candidate is commonly known by;
(ii)
any names under which the candidate will provide its registrable services;
(c)
the candidate’s ABN, ACN, ARBN and ARSN (as applicable);
(d)
a legal entity identifier for the candidate (if any) given by an organisation accredited by the Global Legal Entity Identifier Foundation (together with information identifying the organisation);
(e)
if the candidate is registered in, or holds a licence issued in, a foreign country to provide services that are of the same, or a similar, kind as registrable services (whether or not there is a connection to Australia or a resident of Australia)—details of that registration or licence;

(f)
the address of the principal place of business or operations of the candidate in Australia (if applicable);
(g)
the address of the candidate’s registered office (if applicable);
(h)
the addresses of any other places at or from which the candidate proposes to provide its registrable services;
(i)
information about the legal form of the candidate (such as an individual or a partnership, company or trust);
(j)
in relation to any individual who is a beneficial owner of the candidate:
(i)
the individual’s full name; and
(ii)
any other names the individual is commonly known by; and
(iii)
any former names of the individual; and
(iv)
the individual’s residential address; and
(v)
the individual’s date and place of birth; and
(vi)
a unique identifier for the individual given by an Australian government body or the government of a foreign country;
(k)
the candidate’s telephone number;
(l)
the candidate’s email address;
(m)
the domain names for any website through which the candidate will provide its registrable services;
(n)
a description of the candidate’s business or principal activity;
(o)
whether there are any permanent establishments of the candidate in Australia, and if so, information on those permanent establishments;
(p)
information on the expected turnover of the candidate in respect of the provision of its registrable services for the period of 12 months following registration;
(q)
if the provision of the candidate’s registrable services will involve dealing with customers or other persons located in foreign countries—information identifying those foreign countries.
Information relating to completion of the application and declaration
(2)
The application must contain the following information about the individual completing the application:
(a)
the individual’s full name;
(b)
the individual’s job title or position;
(c)
if the individual is not the candidate—information on the individual’s role or relationship in relation to the candidate;
(d)
the individual’s date of birth;
(e)
the individual’s telephone number;
(f)
the individual’s email address;
(g)
the individual’s postal address.
(3)
The application must contain a declaration by the individual completing the application that the information contained in the application is true and correct.
Information relating to the candidate—body corporate
(4)
If the candidate is a body corporate, the application must contain the following information relating to the body corporate:
(a)
the full name of each director;
(b)
for each director:
(i)
any other names the director is commonly known by; and
(ii)
any former names of the director;
(c)
the date and place of birth of each director;
(d)
the director identification number (if any) of each eligible officer of the body corporate;
(e)
the country in which the body corporate was incorporated and any countries in which it is registered;
(f)
if the body corporate was incorporated or is registered in any foreign country—the address of the principal place of business of the body corporate in that foreign country.
Information relating to the candidate—partnership
(5)
If the candidate is a partnership, the application must contain information setting out the terms of the partnership agreement (if any), and the following information relating to each partner:
(a)
for a partner that is an individual (other than a trustee):
(i)
the individual’s full name;
(ii)
any other names the individual is commonly known by;
(iii)
any former names of the individual;
(iv)
the individual’s residential address and most recent former residential address; and
(v)
the individual’s date and place of birth; and
(vi)
a unique identifier for the individual;
(b)
for a partner that is a body corporate (other than a trustee)—the information mentioned in paragraphs (4)(a) to (e), in relation to the partner;
(c)
for a partner that is an association—the information mentioned in subsection (7) in relation to the association;
(d)
for a partner that is a trustee of a trust:
(i)
the name of the trust; and
(ii)
the information mentioned in paragraphs (6)(a) to (d), in relation to the trust.
Information relating to the candidate—trusts
(6)
If the candidate is a trust, the application must contain the following information relating to the trust:
(a)
the kind of trust (such as discretionary trust, bare trust or unit trust);
(b)
any former names of the trust;
(c)
for any trustee, beneficiary, settlor, appointer, guardian or protector of the trust that is an individual—the information mentioned in subparagraphs (5)(a)(i) to (vi), in relation to the individual;
(d)
for any trustee, beneficiary, settlor, appointer, guardian or protector of the trust that is a body corporate—the information mentioned in paragraphs (4)(a) to (f), in relation to the body corporate.
Information relating to the candidate—associations or co‑operatives
(7)
If the candidate is an incorporated association, unincorporated association or a co‑operative, the application must contain the information mentioned in subparagraphs (5)(a)(i) to (vi) in relation to the individual, or each member of the group of individuals, with primary responsibility for the governance and executive decisions of the association or co‑operative.

4‑5Information relating to ML/TF risks

The application must contain the following information:
(a)
information identifying the key risks of money laundering, financing of terrorism and proliferation financing that the candidate has assessed it may reasonably face in providing its registrable services;
(b)
information on the risks of money laundering, financing of terrorism and proliferation financing associated with the following:
(i)
the kinds of customers to whom the candidate will provide its registrable services;
(ii)
any foreign countries in which the candidate will operate in providing its registrable services;
(iii)
the products and services the candidate will provide in relation to its registrable services;
(iv)
the delivery channels by which the candidate’s registrable services will be provided;
(v)
the kinds of transactions the candidate will undertake in providing its registrable services;
(c)
information on the candidate’s process for reviewing and updating its ML/TF risk assessment (see section 26D of the Act).

4‑6Information relating to AML/CTF policies

(1)
The application must contain information setting out the AML/CTF policies that the candidate has in relation to the following matters:
(a)
appropriately managing and mitigating the risks of money laundering, financing of terrorism and proliferation financing that the candidate may reasonably face in providing its registrable services;
(b)
ensuring the candidate complies with the obligations imposed by the Act, the regulations and the AML/CTF Rules on the candidate;
(c)
undertaking due diligence in relation to persons who are, or will be, employed or otherwise engaged by the candidate and who perform, or will perform, functions relevant to the candidate’s obligations under the Act;
(d)
providing training to persons who are employed or otherwise engaged by the candidate and who perform, or will perform, functions relevant to the candidate’s obligations under the Act in relation to:
(i)
the risk of money laundering, financing of terrorism and proliferation financing that the candidate may reasonably face in providing its registrable services; and
(ii)
the obligations imposed by the Act, the regulations and the AML/CTF Rules on the candidate;
(e)
reviewing and updating the AML/CTF policies;
(f)
carrying out customer due diligence in accordance with Part 2 of the Act, including:
(i)
complying with obligations under that Part in relation to politically exposed persons; and
(ii)
any use of distributed ledger technology for the purposes of carrying out that due diligence.
(2)
The application must include the full name and business address of any training provider used to deliver training mentioned in paragraph (1)(d) within the period of 12 months before the application is made.

4‑7Information relating to accounts with financial institutions

The application must contain the following information in relation to each account with a financial institution that the candidate will use in providing its registrable services:
(a)
the full name, and the date of birth, of each individual who is the holder of, or a signatory to, the account;
(b)
the country within which the account is held;
(c)
information on the foreign currencies that can be held in the account.

4‑8Information relating to other persons assisting

The application must contain the following information:
(a)
whether the candidate has entered or will enter into an agreement or arrangement for another person to perform, or assist with the performance of, functions relevant to the candidate’s obligations under the Act, and if so, information on those functions;
(b)
whether any of those functions would be performed or assisted with by that person in any foreign countries, and if so, which foreign countries;
(c)
information on what quality controls the candidate will use regarding the other person’s performance of, or assistance with, those functions.

4‑9Information relating to key personnel and past unlawful activity etc.

(1)
The application must contain the following information regarding each of the candidate’s key personnel:
(a)
the individual’s full name;
(b)
the individual’s date of birth;
(c)
the individual’s job title or position;
(d)
the individual’s telephone number;
(e)
the individual’s email address;
(f)
the individual’s residential address.
Note: For key personnel, see section 1‑4.
(2)
The application must contain the following information:
(a)
whether the candidate or any of its key personnel has been charged or convicted of an offence against the Act, or of an offence against a law of the Commonwealth, a State or Territory or a foreign country of any of the following kinds:
(i)
money laundering;
(ii)
financing of terrorism;
(iii)
proliferation financing;
(iv)
people smuggling;
(v)
fraud (including scams);
(vi)
a serious offence of any other kind;
(b) whether the candidate or any of its key personnel has been found by a court to have contravened the Act, the regulations or the AML/CTF Rules;
(c)
whether the candidate or any of its key personnel has been the subject of civil or criminal proceedings, or a regulatory or disciplinary process in Australia or a foreign country that:
(i)
related to the management of an entity, or commercial or professional activity; and
(ii)
involved an adverse finding as to the competence, diligence, judgement, honesty or integrity of the candidate or the key personnel (as applicable);

(d)
what steps the candidate has taken to establish the matters mentioned in paragraphs (a) to (c) in relation to its key personnel;
(e)
if any of the circumstances mentioned in paragraphs (a) to (c) exist—details of each of the circumstances;
(f)
whether any of the candidate’s key personnel has ever applied, or has been a beneficial owner of a person (other than an individual) that has applied, for registration under Part 6 or 6A of the Act (which deal with the Remittance Sector Register and the Virtual Asset Service Provider Register), and if so, information about that application;
(g)
whether any of the candidate’s key personnel is, has applied to be, or is intending to apply for registration, licensing or approval (however described) in any country to conduct regulated activity in the financial sector, and if so, details of the country and the kind of regulated activity the key personnel is involved in;
(h)
details of any training the candidate’s key personnel has received within the period of 12 months before the application is made in relation to providing registrable services, including the full name and business address of any training provider used to deliver the training.

4‑10Additional requirements for application by remittance network provider for registration of an affiliate

If the application is by a registered remittance network provider, under subsection 75B(2) of the Act, for the candidate to be registered as a remittance affiliate of the registered remittance network provider, the application must contain the following information:
(a)
whether the provider has assessed the suitability of the candidate to be a remittance affiliate of the provider, taking into account the related risks of money laundering, financing of terrorism and proliferation financing that the provider may reasonably face if the candidate is registered as a remittance affiliate of the provider;
(b)
if such an assessment has been made—whether the candidate was found to be suitable;
(c)
whether the candidate has consented to the making of the application and, if so, information on when the consent was given.

4‑11Additional requirements for application by independent remittance dealer for registration as a remittance affiliate

If the application is under paragraph 75B(1)(c) of the Act for registration as a remittance affiliate of a registered remittance network provider, the application must contain information on whether the registered remittance network provider has consented to the making of the application and, if so, when the consent was given.

4‑12Additional requirements for application for registration as an independent remittance dealer or a remittance affiliate of network provider

If the application is for the candidate to be registered as an independent remittance dealer, or as a remittance affiliate of a registered remittance network provider, the application must contain the following information:
(a)
information on whether offsetting arrangements or third party remittance arrangements will be involved in the provision of the candidate’s registrable services;
(b)
details of the delivery channels by which the candidate’s registrable services will be provided;
(c)
information on the ways the candidate’s customers will, for transfers of value to which its registrable services relate, be able to make value available for transfer or receive value transferred;
(d)
information on the expected average number of designated services covered by each of items 29 and 30 of table 1 in section 6 of the Act that are registrable services the candidate would provide each month over the first 12 months following registration;
(e)
information on the expected average total monetary value of the money and property (but not virtual assets) that, in relation to designated services covered by each of items 29 and 30 of table 1 in section 6 of the Act that are registrable services it would provide, would be transferred per month over the first 12 months following registration;
(f)
whether any of the candidate’s key personnel has ever been a beneficial owner of, or operated or been involved in the management of, a person(the other provider) who provides, or has provided, services of the same, or a similar, kind as the registrable services (whether or not there is a connection to Australia or a resident of Australia), and if so:
(i)
the full name of the other provider; and
(ii)
the key personnel’s role in, or relationship with, the other provider; and
(iii)
the period for which the key personnel was a beneficial owner of, or operated or was involved in the management of, the other provider.
Note: For additional requirements in relation to registration as a virtual asset service provider, see section 4‑14.

4‑13Additional requirements for application for registration as a remittance affiliate of network provider

(1)
If the application is for the candidate to be registered as a remittance affiliate of a registered remittance network provider, the application must contain the following information:
(a)
whether the candidate is to be represented by a super‑agent in its dealings with the network provider;
(b)
whether the candidate intends for a senior manager of the candidate to approve the registered remittance network provider’s ML/TF risk assessment and AML/CTF policies as mentioned in subsection 26S(4) of the Act.
(2)
A super‑agent is a person who, in the course of carrying on a business:
(a)
provides administrative services to a registered remittance network provider to assist with the control or management of the remittance network operated by the provider; and
(b)
as part of providing those services, represents the interests of remittance affiliates of the provider in their dealings with the provider.

4‑14Additional requirements for application for registration as a virtual asset service provider

If the application is under subsection 76D(1) of the Act for registration as a virtual asset service provider, the application must contain the following information:
(a)
information on the kind of virtual assets in relation to which the candidate will provide its registrable services;
(b)
details of the delivery channels by which the registrable services are intended to be provided;
(c)
information on the methods by which customers’ virtual assets or money may be used in any exchanges relating to the registrable services;
(d)
whether the candidate will implement any transaction or time limits on the amounts of virtual assets or money that customers can use in any exchanges relating to the registrable services, and if so, details of what limits will apply;
(e)
information on:
(i)
the expected average number of designated services covered by each of items 29, 30, 46A, 50A, 50B and 50C of table 1 in section 6 of the Act that are registrable services the candidate would provide per month over the first 12 months following registration; and
(ii)
the expected average total monetary value of customers’ money, virtual assets and property with which the candidate would deal, in relation to designated services covered by each of items 29, 30, 46A, 50A, 50B and 50C of table 1 in section 6 of the Act that are registrable services, per month over the first 12 months following registration;
(f)
for each virtual asset wallet controlled by the candidate:
(i)
the kinds of virtual assets the wallet can store; and
(ii)
the address of the wallet.

Division 3Registration decisions4‑15Registration decisions – other matters

For the purposes of paragraphs 75C(2)(b) and 76E(2)(b) of the Act, in deciding whether to register a person (the candidate) in accordance with an application made under section 75B or 76D of the Act, the following matters are specified:
(a)
any offences of which any of the following have been charged or convicted under the law of the Commonwealth, a State or Territory or a foreign country:
(i)
the candidate;
(ii)
the key personnel of the candidate;
(b)
any compliance or non‑compliance by any of the following with the Act or any other law of the Commonwealth, a State or Territory or a foreign country:
(i)
the candidate;
(ii)
if the candidate is not an individual—any beneficial owner of the candidate;
(iii)
if the candidate is a body corporate—any related body corporate (within the meaning of the Corporations Act 2001) of the candidate;
(iv)
if the registration would be as a remittance affiliate of a registered remittance network provider—the registered remittance network provider;
(c)
for an application made under subsection 75B(2) by a registered remittance network provider for the candidate to be registered as a remittance affiliate of the registered remittance network provider—whether the consent of the candidate has been obtained;
(d)
whether the candidate and its key personnel have experience that is appropriate, having regard to:
(i)
the nature, size and complexity of the candidate’s business; and
(ii)
the risks of money laundering, financing of terrorism and proliferation financing that the candidate may reasonably face in providing its registrable services;
(e)
the likelihood of the candidate conducting a business involving the provision of the registrable services;
(f)
the operational readiness of the candidate in relation to the proposed registration, including its ability to comply with the Act, the regulations and the AML/CTF Rules following registration;
(g)
the proposed resourcing (including personnel resourcing) of the candidate in relation to the provision of its registrable services.

Division 4Suspension of registration4‑16Purpose of this Division

This Division is made for the purposes of sections 75H and 76K of the Act.

4‑17Suspension of registration

The AUSTRAC CEO may suspend a person’s registration under Part 6 or 6A of the Act if the AUSTRAC CEO reasonably suspects that:
(a)
the person, any of its key personnel or any associate of the person or its key personnel, has been charged or convicted of an offence against the Act, or of an offence against a law of the Commonwealth, a State or Territory or a foreign country of any of the following kinds:

(i)
money laundering;
(ii)
terrorism or financing of terrorism;
(iii)
proliferation financing;
(iv)
people smuggling;
(v)
fraud (including scams);
(vi)
a serious offence of any other kind; or
(b)
the person or any of its key personnel has been found by a court to have contravened the Act, the regulations or the AML/CTF Rules; or
(c)
the person or any of its key personnel has been the subject of civil or criminal proceedings, or a regulatory or disciplinary process in Australia or a foreign country that:
(i)
related to the management of an entity, or commercial or professional activity; and
(ii)
involved an adverse finding as to the competence, diligence, judgement, honesty or integrity of the person or the key personnel (as applicable); or
(d)
the person or any of its key personnel is committing, continuing or repeating a contravention of the Act, the regulations or the AML/CTF Rules; or
(e)
the continued registration of the person involves, or may involve, a significant money laundering, financing of terrorism or other serious crime risk; or
(f)
the person has breached a condition of the person’s registration; or
(g)
the person does not have the operational capability necessary to comply with the obligations imposed by the Act, the regulations and the AML/CTF Rules on the person; or
(h)
the person or the person’s key personnel no longer have experience that is appropriate, having regard to the nature of the person’s business and the ML/TF risks of the person’s customers, in functions relevant to:
(i)
the person’s obligations under the Act; or
(ii)
providing registrable services; or
(i)
any information given by the person, or if the registration is as a remittance affiliate of a registered remittance network provider, the provider, for the purposes of Part 6 or 6A of the Act in connection with that registration:
(i)
is false or misleading in a material particular; or
(ii)
omits any matter or thing without which the information is misleading in a material particular.

4‑18Effect of suspension – renewal and advising of certain matters

While a person’s registration under Part 6 or 6A of the Act is suspended, the person is taken to be registered for the purposes of the following provisions despite that suspension:
(a)
Division 6 of this Part (which deals with renewal of registration);
(b)
sections 75M and 76P of the Act (which deal with advising of material changes in circumstance etc.), as applicable.

4‑19Period of suspension

(1)
A suspension of a registration under Part 6 or 6A of the Act by the AUSTRAC CEO has effect for a period determined by the AUSTRAC CEO, which may be up to 3 months.
(2)
The AUSTRAC CEO may extend the period of the suspension by a further period of up to 3 months if the AUSTRAC CEO is satisfied it is appropriate to do so, having regard to whether the AUSTRAC CEO continues to reasonably suspect a matter mentioned in section 4‑17.
(3)
The AUSTRAC CEO must not extend the period of a suspension under subsection (2) more than once.

4‑20Notice of suspension decision

(1)
If the AUSTRAC CEO decides to suspend a person’s registration under Part 6 or 6A of the Act, the AUSTRAC CEO must, as soon as practicable after the decision is made, give written notice of the suspension to:
(a)
the person; and
(b)
if the suspension is of the registration of a registered remittance network provider—each registered remittance affiliate of that provider; and
(c)
if the suspension is of the registration of a registered remittance affiliate of a registered remittance network provider—the provider.
(2)
The notice must contain:
(a)
information setting out the effect of the suspension; and
(b)
the date the suspension takes effect; and
(c)
the date the suspension ceases; and
(d)
information on the power of the AUSTRAC CEO to extend the period of the suspension.

4‑21Notice of extension of suspension

(1)
If the AUSTRAC CEO extends the period of the suspension of a person’s registration under subsection 4‑19(2), the AUSTRAC CEO must, as soon as practicable after the suspension is extended, give written notice of the extension to:
(a)
the person; and
(b)
if the suspension is of the registration of a registered remittance network provider—each registered remittance affiliate of that provider; and
(c)
if the suspension is of the registration of a registered remittance affiliate of a registered remittance network provider—the provider.
(2)
The notice must contain:
(a)
information setting out the effect of the extension; and
(b)
the date the suspension, as extended, ceases.

4‑22Revocation of suspension of registration

(1)
The AUSTRAC CEO may decide to revoke the suspension of a person’s registration under Part 6 or 6A of the Act if the AUSTRAC CEO is satisfied that it is appropriate to do so, having regard to the information (if any) given to the AUSTRAC CEO by the person after the suspension of the person’s registration.
(2)
Subsection (1) applies whether or not the suspension of a person’s registration has been extended under subsection 4‑19(2).

4‑23Notice of decision to revoke suspension of registration

(1)
If the AUSTRAC CEO decides, under subsection 4‑22(1), to revoke the suspension of a person’s registration under Part 6 or Part 6A, the AUSTRAC CEO must, as soon as practicable after the decision, give written notice of the decision to:
(a)
the person; and
(b)
if the suspension was of the registration of a registered remittance network provider—each registered remittance affiliate of that provider; and
(c)
if the suspension was of the registration of a registered remittance affiliate of a registered remittance network provider—the provider.
(2)
The notice must specify the date that the suspension of registration ceased.

4‑24Register entry in relation to suspension of registration

(1)
If the AUSTRAC CEO suspends the registration of a person under Part 6 or 6A of the Act, or extends such a suspension, the AUSTRAC CEO must enter on the Remittance Sector Register or the Virtual Asset Service Provider Register, respectively, information identifying that the person’s registration is or remains suspended.
(2)
The AUSTRAC CEO must remove that information from the Remittance Sector Register or the Virtual Asset Service Provider Register as soon as practicable after:
(a)
the suspension is revoked under subsection 4‑22(1); or
(b)
the period of the suspension ceases.

Division 5Cancellation of registration4‑25Cancellation of registration – other matters

For the purposes of paragraphs 75G(1)(c) and 76J(1)(c) of the Act, the following matters are specified:
(a)
whether the person, any of its key personnel or any associate of the person or its key personnel, has been charged or convicted of an offence against the Act, or of an offence against a law of the Commonwealth, a State or Territory or a foreign country of any of the following kinds:
(i)
money laundering;
(ii)
terrorism or financing of terrorism;
(iii)
proliferation financing;
(iv)
people smuggling;
(v)
fraud (including scams);
(vi)
a serious offence of any other kind;
(b)
whether the person or any of its key personnel has been found by a court to have contravened the Act, the regulations or the AML/CTF Rules;
(c)
whether the person or any of its key personnel has been the subject of civil or criminal proceedings, or a regulatory or disciplinary process in Australia or a foreign country that:
(i)
related to the management of an entity, or commercial or professional activity; and
(ii)
involved an adverse finding as to the competence, diligence, judgement, honesty or integrity of the person or the key personnel (as applicable);
(d)
whether the person is carrying on a business that involves providing registrable services;
(e)
whether the person continues to have the operational capability necessary to comply with the obligations imposed on the person by the Act, the regulations and the AML/CTF Rules;
(f)
whether the person and the person’s key personnel continue to have experience that is appropriate, having regard to the nature of the person’s business and the ML/TF risks of the person’s customers, in functions relevant to:
(i)
the person’s obligations under the Act; and
(ii)
providing registrable services;
(g)
whether any information given by the person, or if the registration is as a remittance affiliate of a registered remittance network provider, the provider, for the purposes of Part 6 or 6A of the Act in connection with that registration:
(i)
is false or misleading in a material particular; or
(ii)
omits any matter or thing without which the information is misleading in a material particular.

4‑26Publication of cancellation information

For the purposes of subsections 75G(3) and 76J(4) of the Act, the names and dates mentioned in those subsections may be published:
(a)
on AUSTRAC’s website; or
(b)
on the Remittance Sector Register or the Virtual Asset Service Provider Register (as relevant); or
(c)
on both AUSTRAC’s website and the relevant Register.

Division 6Renewal of registration4‑27Purpose of this Division

This Division is made for the purposes of sections 75J and 76L of the Act.

4‑28Application for renewal of registration

(1)
A person registered under Part 6 or 6A of the Act as any of the following may apply in writing to the AUSTRAC CEO for renewal of that registration:
(a)
a remittance network provider;
(b)
an independent remittance dealer;
(c)
a remittance affiliate of a registered remittance network provider that applied for registration on its own behalf (see paragraph 75B(1)(c) of the Act);
(d)
a virtual asset service provider.
(2)
A registered remittance network provider that applied, under subsection 75B(2) of the Act, for registration of another person as a remittance affiliate of the provider under Part 6 of the Act may apply in writing to the AUSTRAC CEO for renewal of that other person’s registration.
(3)
An application under this section:
(a)
must be in the approved form; and
(b)
must contain the information required by the approved form, which may include information regarding whether section 75M or 76P of the Act (as applicable) has been complied with in relation to the registration.

4‑29Period within which renewal applications may be made

An application for renewal of a person’s registration under Part 6 or 6A of the Act may be made within the period of 90 days ending on the day on which the registration would otherwise cease.
Note 1: Registrations are in effect for a period of 3 years (see paragraphs 75F(1)(c) and 76H(1)(c) of the Act, and section 4‑31 of this instrument).
Note 2: Registration of a person may continue in effect after the expiry of the 3 year registration period if a decision on the person’s application for renewal under this section has not been made before the end of the period (see section 4‑33).

4‑30Determining renewal application

If an application for renewal of a person’s registration is made in accordance with sections 4‑28 and 4‑29 of this instrument, the AUSTRAC CEO must decide to renew the registration if the AUSTRAC CEO is satisfied that it is appropriate to do so, having regard to:
(a)
whether the renewed registration of the person would involve a significant money laundering, financing of terrorism or other serious crime risk; and
(b)
whether section 75M or 76P of the Act (as applicable) has been complied with in relation to the registration, and whether the person’s enrolment details and registrable details, as advised to the AUSTRAC CEO, are correct and up‑to‑date; and
(c)
whether the AUSTRAC CEO reasonably suspects that any information contained in the application:
(i)
is false or misleading in a material particular; or
(ii)
omits any matter or thing without which the information is misleading in a material particular; and
(d)
whether the person is carrying on a business that involves providing registrable services; and
(e)
whether the person continues to have the operational capability necessary to comply with the Act, the regulations and the AML/CTF Rules.

4‑31Period for which renewed registrations have effect

A renewed registration under Part 6 or 6A of the Act has effect for a period of 3 years.

4‑32Decision on renewal application is a reviewable decision

For the purposes of section 233B of the Act, a decision of the AUSTRAC CEO under section 4‑30 of this instrument not to renew a person’s registration is a reviewable decision.

4‑33Continuation of registration pending decision on renewal application

(1)
This section applies if:
(a)
the registration of a person under Part 6 or 6A of the Act would otherwise cease at the end of the period of 3 years commencing on the day on which the registration took effect; and
(b)
before the end of that period, an application for renewal of the registration is made in accordance with sections 4‑28 and 4‑29 of this instrument.
(2)
The person’s registration continues in effect after the end of the 3‑year period until the AUSTRAC CEO’s decision on the renewal application takes effect.

Division 7Matters registered persons required to advise4‑34Matters registered persons required to advise

(1)
For the purposes of paragraphs 75M(1)(e) and (2)(b), and 76P(1)(b), of the Act, this section specifies matters that a person registered under Part 6 or 6A of the Act must advise to the AUSTRAC CEO under those paragraphs.
(2)
The person must advise the following matters:
(a)
a change in the person’s registrable details;
(b)
a change in the matters mentioned in paragraphs 4‑9(2)(a), (b) or (c) in relation to the person or its key personnel (which deal with certain criminal or civil proceedings);
(c)
a change in information mentioned in section 4‑8 (which deals with information regarding other persons assisting) in relation to the person;
(d)
a change in any details mentioned in paragraph 4‑4(1)(e) (which deals with foreign country registrations or licences) in relation to the person;
(e)
the person ceasing to provide registrable services;
(f)
a change in the information mentioned in paragraph 4‑4(1)(j) (which deals with details of any beneficial owners) in relation to the person;
(g)
a change in the information mentioned in paragraph 4‑4(1)(q) (which deals with dealing with persons located in foreign countries) in relation to the person;
(h)
for a person registered as a remittance network provider—a removal by the provider of a remittance affiliate of the provider from its remittance network.
(3)
The person must advise if the person becomes aware that information given to the AUSTRAC CEO was incomplete or inaccurate, and of the correction or clarification required in relation to the information, in circumstances where the information was given:
(a)
by the person in connection with the registration; or
(b)
if the registration is as a remittance affiliate of a registered remittance network provider—by the provider in connection with the registration; or
(c)
if the registration is as a remittance network provider—by the provider in connection with the registration of a remittance affiliate of the provider.

Division 8Other matters4‑35Spent convictions

Nothing in this Part affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).

Part 5AML/CTF programsDivision 1ML/TF risk assessment5‑1Review of ML/TF risk assessment

(1)
For the purposes of subparagraph 26D(1)(a)(iii) of the Act, a reporting entity must review its ML/TF risk assessment if an independent evaluation report contains adverse findings in relation to the ML/TF risk assessment.
(2)
For the purposes of paragraph 26D(2)(d) of the Act, the review must be undertaken as soon as practicable after the governing body of the reporting entity receives the independent evaluation report.

Division 2AML/CTF policies related to ML/TF risk mitigation5‑2Carrying out customer due diligence

(1)
For the purposes of paragraph 26F(7)(a) of the Act, this section specifies requirements in relation to the matter mentioned in paragraph 26F(3)(b) of the Act (carrying out customer due diligence in accordance with Part 2 of the Act).
(2)
The AML/CTF policies of the reporting entity must set out the circumstances in which the reporting entity will, for the purposes of undertaking initial customer due diligence in accordance with section 28 of the Act:
(a)
collect kinds of KYC information relating to a customer; or
(b)
both collect and verify kinds of KYC information relating to a customer;
including but not limited to the circumstances in which the reporting entity will collect, or collect and verify, information on the customer’s source of wealth and source of funds.
(3)
The AML/CTF policies of the reporting entity must set out the circumstances in which the reporting entity will, as part of undertaking ongoing customer due diligence of customers in accordance with section 30 of the Act:
(a)
collect kinds of additional KYC information relating to a customer; or
(b)
both collect and verify kinds of additional KYC information relating to a customer;
including but not limited to the circumstances in which the reporting entity will collect, or collect and verify, information on the customer’s source of wealth and source of funds.

5‑3Policies relating to targeted financial sanctions

For the purposes of paragraph 26F(3)(e) of the Act, the AML/CTF policies of a reporting entity must deal with ensuring that, in providing its designated services, the reporting entity:
(a)
does not make any assets available to, or available for the benefit of, a person designated for targeted financial sanctions, in contravention of the Autonomous Sanctions Act 2011 or the Charter of the United Nations Act 1945; and
(b)
does not use or deal with, or allow or facilitate the use of or dealing with, any assets owned or controlled (directly or indirectly) by a person designated for targeted financial sanctions, in contravention of either of those Acts.

5‑4Reviewing and updating AML/CTF policies following independent evaluation

For the purposes of subparagraph 26F(3)(c)(ii) of the Act, the AML/CTF policies of a reporting entity must deal with reviewing and updating the AML/CTF policies in response toan independent evaluation report that contains adverse findings in relation to the AML/CTF policies.

5‑5Actions requiring approval or that senior manager be informed

Approval of senior manager
(1)
For the purposes of paragraph 26F(3)(e) of the Act, the AML/CTF policies of a reporting entity must ensure that the approval of a senior manager of the reporting entity is obtained before the reporting entity does any of the following:
(a)
commences to provide a designated service to a customer, if the reporting entity has established on reasonable grounds that the customer, any beneficial owner of the customer or any person on whose behalf the customer is receiving the service is a foreign politically exposed person;
(b)
commences to provide a designated service to a customer, if:
(i)
the reporting entity has established on reasonable grounds that the customer, any beneficial owner of the customer or any person on whose behalf the customer is receiving the service is a domestic politically exposed person; and
(ii)
the ML/TF risk of the customer is high;
(c)
commences to provide a designated service to a customer, if:
(i)
the reporting entity has established on reasonable grounds that the customer, any beneficial owner of the customer or any person on whose behalf the customer is receiving the service is an international organisation politically exposed person; and
(ii)
the ML/TF risk of the customer is high;
(d)
continues a business relationship with a customer if the reporting entity establishes on reasonable grounds that the customer, any beneficial owner of the customer or any person on whose behalf the customer is receiving a designated service:

(a)
the full name of the person;
(b)
the address or location where the person provided or proposed to provide a designated service that relates to the matter;
(c)
the kind of designated service provided or proposed to be provided by the person.
Information about online activity
(8)
If the matter involves online activity by any person involved in the matter, including for the purpose of providing a designated service, the report must contain the following information about the online activity (as applicable and to the extent that the information is known):
(a)
unique networkidentification numbers for the networks used by the person, such as an Internet Protocol (IP) address;
(b)
the date and time that online activity was recorded occurring, if different from the date and time when a transaction took place as reported under subsection (4);
(c)
unique identification numbers for the relevant devices involved, such as an International Mobile Equipment Identity (IMEI);
(d)
a description of the software or application being used by the person;
(e)
the full name, and any user name, used by the person for the purposes of the software or application.

Division 2Reports of threshold transactions9‑5Purpose of this Division

For the purposes of paragraph 43(3)(b) of the Act, this Division sets out the information that must be contained in a report made by a reporting entity under subsection 43(2) of the Act in relation to a threshold transaction.
Note: There are transitional arrangements relating to reports of threshold transactions (see sections 12‑3 and 12‑4 of this instrument).

9‑6Reports of threshold transactions – general information

(1)
The report must contain the following information:
(a)
the reporting entity’s full name and the identifier assigned to the entity by AUSTRAC;
(b)
the date the report is given to the AUSTRAC CEO.
(2)
The report must contain the following information about the individual completing the report:
(a)
the individual’s full name;
(b)
the individual’s position with the reporting entity;
(c)
the individual’s contact details.

9‑7Reports of threshold transactions – information about the customer and other persons

Reportable information—individuals
(1)
A reference in this section to reportable information means, in relation to an individual, the following information:
(a)
the individual’s full name;
(b)
any other names the individual is commonly known by (such as an Anglicised name, former name or business name);
(c)
the individual’s date of birth;
(d)
the individual’s gender;
(e)
the country or countries of which the individual is a citizen;
(f)
the country or countries the individual is treated as being a resident of for the purposes of that country’s tax laws.
(g)
the individual’s residential address;
(h)
the individual’s business addresses and postal addresses;
(i)
the individual’s telephone number;
(j)
the individual’s email address;
(k)
information on the individual’s occupation, business or principal activity;
(l)
a unique identifier for the individual;
(m)
a description of the reliable and independent data, if any, used by the reporting entity to verify KYC information relating to the individual in accordance with paragraph 28(3)(d) of the Act;
(n)
a reference number, if any, associated with the individual provided by an accredited entity (within the meaning of the Digital ID Act 2024) in the course of verifying KYC information relating to the individual in accordance with paragraph 28(3)(d) of the Act.
Reportable information—non‑individuals
(2)
A reference to reportable information in this section means, in relation to a person who is not an individual, the following information:
(a)
the person’s full name;
(b)
other names used by the person (such as a former name or business name);
(c)
the country or countries in which the person was incorporated, formed or registered;
(d)
the country or countries the person is treated as being a resident of for the purposes of that country’s tax laws;
(e)
the address of the customer’s registered office;
(f)
the address at which the person’s business or principal activity is conducted;
(g)
the person’s postal address;
(h)
the person’s telephone number;
(i)
the person’s email address;
(j)
information on the person’s business or principal activity;
(k)
information about the legal form of the person (such as a partnership, company or trust);
(l)
the details of the person’s beneficial owners;
(m)
if the person is a body corporate—the full name and, if applicable, director identification number of the individual, or each member of the group of individuals, with primary responsibility for the governance and executive decisions of the body corporate;
(n)
if the person is an express trust, the following information:
(i)
the kind of trust (such as discretionary trust, bare trust or unit trust);
(ii)
the details of the trustee;
(iii)
the details of any settlor, appointor, guardian or protector of the trust;
(iv)
for a trust with no more than 10 identifiable beneficiaries—the details of the beneficiaries of the trust;
(v)
for a trust with more than 10 beneficiaries—a description of each type or class of beneficiary;
(o)
a unique identifier for the person;
(p)
a description of the reliable and independent data, if any, used by the reporting entity to verify KYC information relating to the customer in accordance with paragraph 28(3)(d) of the Act.
Content of threshold transaction reports
(3)
The report must contain reportable information, to the extent it is applicable and known to the reporting entity, about the following persons:
(a)
the customer to whom the designated service was provided;
(b)
the transferor or transferee in the transaction (if different to the customer);
(c)
if the customer received the designated service on behalf of another person—that other person.
(4)
If the report is required to contain the details of another person (for example, a beneficial owner or trust) as part of the reportable information under subsection (1) or (2), then the report must also contain:
(a)
reportable information about that other person; and
(b)
if the application of paragraph (a) requires the report to contain the details of any other individual or non‑individual—reportable information about that other individual or non‑individual.
Information about other persons acting on behalf of the customer
(5)
If the customer was represented in relation to the provision of the designated serviceby another person authorised to act on behalf of the customer, the report must (subject to subsections (6) and (7)) contain the following information:
(a)
a description of the relationship between the person and the customer;
(b)
a description of the authority for the person to act on behalf of the customer;
(c)
reportable information about the person.
(6)
Subsection (5) does not apply if the customer was represented by a person in the following circumstances:
(a)
the threshold transaction was a deposit in circumstances where there was no personal contact (such as using an automated teller machine or express deposit facility);
(b)
the transaction did not involve a virtual asset;
(c)
the person was acting in the course of a business of collecting, holding or delivering physical currency (such as payroll or cash courier services, but not including collection of donations for a registered charity).
(7)
If subsection (5) does not apply because the designated service occurred in the circumstances mentioned in subsection (6), the report must contain a statement as to the circumstances of the designated service.

9‑8Reports of threshold transactions – information about the transaction

Standard information
(1)
The report must contain the following information about the threshold transaction:
(a)
the date and time when the transaction took place;
(b)
the address or location where the transaction took place;
(c)
for each person in relation to whom information is reportable under section 9‑7—the person’s role in the transaction (to the extent known);
(d)
a description of the purpose of the transaction (to the extent known);
(e)
the kind of designated service that was provided and that involved the transaction;
(f)
the reporting entity’s reference number relating to the provision of the designated service that involved the transaction (including, but not limited to, a transaction reference number);
(g)
the value, in Australian dollars, of the physical currency involved in the transaction;
(h)
if the transaction involves foreign currency—the kind and amount of the foreign currency involved and the exchange rate used.
Information about an account
(2)
If the threshold transaction involves an account provided by the reporting entity or another person, the report must contain the following information about the account (as applicable and to the extent the information is known):
(a)
the full name of the person providing the account;
(b)
the full name of each account holder;
(c)
the kind of account (such as a savings account, loan account or credit card account);
(d)
the unique identification details assigned to the account (such as the BSB and account number);
(e)
the full name of the signatory to the account who is conducting the transaction;
(f)
the date the account was opened.
Information about products or instruments
(3)
If the threshold transaction involves products or instruments, the report must contain a description of the products or instruments and their value (in Australian dollars or a foreign currency, as appropriate).
Note: Examples of products and instruments include the following:
(a) a cheque or travellers cheque;
(b) a stored value card;
(c) a precious metal;
(d) a gaming chip or token.
Information about transfers of property
(4)
If the threshold transaction relates to a transfer of property, the report must contain the following information about the transfer (as applicable and to the extent that the information is known):
(a)
any unique reference number applicable to the transfer provided by the reporting entity or another person;
(b)
the value of the property (in Australian dollars or a foreign currency, as appropriate);
(c)
details of the property, including any unique identification details for the property.
Note: Examples of unique identification details include:
(a) for real estate—the plan and lot numbers for the real estate; and
(b) for bullion—the serial number on the bullion.
Information about virtual assets
(5)
If the threshold transaction relates to virtual assets, the report must contain the following information about the virtual assets (as applicable and to the extent that the information is known):
(a)
information on the kind of virtual assets, including details of the backing asset (if any);
(b)
the full name of any person who controls, or controlled, the virtual asset (including a decentralised autonomous organisation, if applicable);
(c)
the full name of any person in whose name the assets are, or were, held;
(d)
the number of virtual asset units;
(e)
the value of the virtual assets in Australian dollars;
(f)
the exchange rate used in determining the value;
(g)
the unique transaction reference number, including a transaction hash;
(h)
any virtual asset wallet addresses, including destination tags or memo details.
Information about another person providing a designated service
(6)
If the threshold transaction relates to a person other than the reporting entity providing a designated service, the report must contain the following information about the person:
(a)
the full name of the person;
(b)
the address or location where the person was involved in the provision of the designated service;
(c)
the kind of designated service provided by the person.
Information about online activity
(7)
If the threshold transaction relates to, or involves, the provision of a designated service online, the report must contain the following information about the online activity (as applicable and to the extent that the information is known):
(a)
unique network identification numbers for the networks used by the person, such as an Internet Protocol (IP) address;
(b)
the date and time that online activity was recorded occurring, if different from the date and time when the transaction took place as reported under subsection (1);
(c)
unique identification numbers for the relevant devices involved, such as an International Mobile Equipment Identity (IMEI);
(d)
a description of the software or application being used by the person;
(e)
the full name, and any user name, used by the person for the purposes of the software or application.

Division 3AML/CTF compliance reports9‑9Reporting and lodgement periods for AML/CTF compliance reports

For the purposes of section 47 of the Act:
(a)
each calendar year is a reporting period; and
(b)
the period of 3 months beginning at the end of a reporting period is the lodgement period for that reporting period.

Division 4Registered remittance affiliates9‑10Reporting obligations of registered remittance affiliates

(1)
This section is made for the purposes of section 49A of the Act.
Reports of suspicious matters
(2)
An obligation imposed by subsection 41(2) of the Act (which deals with reports of suspicious matters) upon a registered remittance affiliate of a registered remittance network provider to give a report may be discharged by the network provider if there is a written agreement between the affiliate and the network provider that provides for the network provider to do so.
Reports of threshold transactions or international funds transfer instructions
(3)
An obligation imposed by subsection 43(2) of the Act (which deals with reports of threshold transaction) or subsection 46(2) of the Act (which deals with reports of international funds transfer instructions) upon a registered remittance affiliate of a registered remittance network provider to give a report is taken instead to be an obligation imposed on the network provider.

Division 5Cross‑border movement reports9‑11Purpose of this Division

This Division is made for the purposes of the following provisions of the Act:
(a)
paragraph 53(7)(b);
(b)
paragraph 53(7)(d);
(c)
paragraph 54(4)(b);
(d)
paragraph 61(1)(b);
(e)
paragraph 61(2)(b).

9‑12Reports about moving monetary instruments into or out of Australia

(1)
If a person moves a monetary instrument into or out of Australia, a report under section 53 of the Act (reports about movements of monetary instruments into or out of Australia) must:
(a)
contain the information specified in subsection (2) (to the extent the information is known); and
(b)
be given in accordance with the applicable timing rule specified in subsection (3).
Note: The report must also be given in the approved form (see paragraph 53(7)(a) of the Act).
(2)
For the purposes of paragraph (1)(a), the information is as follows:
(a)
if the person is an individual:
(i)
the person’s full name; and
(ii)
the person’s date and place of birth; and
(iii)
the country or countries of which the person is a citizen; and
(iv)
the person’s residential address; and
(v)
the person’s telephone number; and
(vi)
whether the person is an Australian resident; and
(vii)
if the person is bringing the monetary instrument into Australia and is not an Australian resident—the person’s address and telephone number while in Australia; and
(viii)
the person’s occupation, business or principal activity; and
(ix)
the person’s ABN (if any);
(b)
if the person is not an individual:
(i)
the person’s full name; and
(ii)
the person’s business or principal activity; and
(iii)
the address at which the person’s business or principal activity is conducted; and
(iv)
the person’s telephone number; and
(v)
the person’s ABN, ACN and ARBN (as applicable);
(c)
if the person is moving the monetary instrument on behalf of another person (the other person)—the following details of the other person:
(i)
if the other person is an individual—the details mentioned in subparagraphs (a)(i), (iv), (v), (viii) and (ix);
(ii)
if the other person is not an individual—the details mentioned in subparagraphs (b)(i) to (v);
(d)
if the person is delivering the monetary instrument to another person (the other person)—the following details of the other person:
(i)
if the other person is an individual—the details mentioned in subparagraphs (a)(i), (iv), (v), (viii) and (ix);
(ii)
if the other person is not an individual—the details mentioned in subparagraphs (b)(i) to (v);
(e)
whether the monetary instrument is being moved into or out of Australia;
(f)
the kind of monetary instrument being moved into or out of Australia;
(g)
the monetary instrument amount being moved into or out of Australia;
(h)
the currency of the monetary instrument being moved into or out of Australia;
(i)
if the monetary instrument is a bearer negotiable instrument:
(i)
the issuer or drawer of the monetary instrument; and
(ii)
the payee, favouree or beneficiary of the monetary instrument; and
(iii)
the full name of the bearer of the monetary instrument; and
(iv)
the city and country of issue of the monetary instrument; and
(v)
any reference numbers of the monetary instrument;
(j)
if the person is an individual and is bringing the monetary instrument into Australia or taking the instrument out of Australia:
(i)
whether the person is travelling into or out of Australia; and
(ii)
the town or city at which the person is entering or leaving Australia; and
(iii)
the person’s date of arrival in or departure from Australia; and
(iv)
the number and country of issue of the passport on which the person is travelling; and
(v)
where practicable—the number of each other passport held by the person and the country of issue for each passport; and
(vi)
the number of the flight or name of the vessel on which the person is bringing in or taking out the instrument; and
(vii)
if the person is taking the monetary instrument out of Australia—the city and country to which the monetary instrument is being taken; and
(viii)
if the person is bringing the monetary instrument into Australia—the city and country from which the monetary instrument is being brought;
(k)
if the monetary instrument is being sent into or out of Australia:
(i)
the means by which the monetary instrument is being sent; and
(ii)
the full name, address and telephone number of the individual or service provider carrying the monetary instrument into or out of Australia; and
(iii)
if the monetary instrument is to be shipped—the name of the vessel on which it is to be shipped; and
(iv)
the city and country from which the monetary instrument is being sent; and
(v)
the city and country to which the monetary instrument is being sent; and
(vi)
the date the monetary instrument is being sent;
(l)
if the monetary instrument is being sent into or out of Australia—the following details of the person to whom the monetary instrument is being sent:
(i)
the person’s full name;
(ii)
the person’s telephone number;
(iii)
if the person is an individual—the person’s residential address;
(iv)
if the person is not an individual—the address at which the person’s business or principal activity is conducted;
(v)
if the person is not an individual—the person’s ABN, ACN and ARBN (as applicable);
(m)
a declaration that the information provided in the approved form is true and correct.
(3)
For the purposes of paragraph (1)(b):
(a)
if the person moves a monetary instrument into Australia by bringing the instrument into Australia—the report must be given:
(i)
no later than when the person reaches the place at which customs officers examine baggage; or
(ii)
if there is no such place, at the first opportunity that the person has to give the report after arrival in Australia; and
(b)
if the person moves a monetary instrument into Australia by sending the instrument into Australia—the report must be given before the movement of the instrument takes place; and
(c)
if the person moves a monetary instrument out of Australia by taking the instrument out of Australia—the report must be given:
(i)
no later than when the person reaches the customs officer who is to examine the person’s passport in relation to the person leaving Australia; or
(ii)
if there is no such examination, at any time before the last opportunity that the person has to give the report before leaving Australia; and
(d)
if the person (the first person) moves a monetary instrument out of Australia by sending the instrument out of Australia by consignment, either through the post to a place outside Australia or to another person for carriage to a place outside Australia—the report must be given before the time when the instrument is irrevocably committed by the first person to a postal service or to the other person (as the case may be).

9‑13Reports about receiving monetary instruments moved into Australia

If a person receives a monetary instrument moved into Australia, a report under section 54 of the Act (reports about receipts of monetary instruments moved into Australia) must contain the following information (to the extent the information is known):
(a)
if the person is an individual—the details mentioned in subparagraphs 9‑12(2)(a)(i) to (ix);
(b)
if the person is not an individual—the details mentioned in subparagraphs 9‑12(2)(b)(i) to (v);
(c)
if the person received the monetary instrument on behalf of another person (the other person)—the following details of the other person:
(i)
if the other person is an individual—the details mentioned in subparagraphs 9‑12(2)(a)(i), (iv), (v), (viii) and (ix);
(ii)
if the other person is not an individual—the details mentioned in subparagraphs 9‑12(2)(b)(i) to (v);
(d)
if the person is delivering the monetary instrument to another person (the other person)—the following details of the other person:
(i)
if the other person is an individual—the details mentioned in subparagraphs 9‑12(2)(a)(i), (iv), (v), (viii) and (ix);
(ii)
if the other person is not an individual—the details mentioned in subparagraphs 9‑12(2)(b)(i) to (v);
(e)
the kind of monetary instrument moved into Australia;
(f)
the monetary instrument amount moved into Australia;
(g)
the currency of the monetary instrument;
(h)
if the monetary instrument is a bearer negotiable instrument:
(i)
the issuer or drawer of the monetary instrument; and
(ii)
the payee, favouree or beneficiary of the monetary instrument; and
(iii)
the full name of the bearer of the monetary instrument; and
(iv)
the city and country of issue of the monetary instrument; and
(v)
any reference numbers of the monetary instrument;
(i)
the means by which the monetary instrument was moved into Australia;
(j)
the full name of the individual or service provider who moved the monetary instrument into Australia;
(k)
if the monetary instrument was sent into Australia—the following details of the person who sent the monetary instrument (the sender) to the person:
(i)
the sender’s full name;
(ii)
the sender’s telephone number;
(iii)
if the sender is an individual—the sender’s residential address;
(iv)
if the sender is not an individual—the address at which the sender’s business or principal activity is conducted;
(v)
if the sender is not an individual—the sender’s ABN, ACN and ARBN (as applicable);
(l)
the city and country from which the monetary instrument was moved;
(m)
the city, town or port in which the monetary instrument was received by the person;
(n)
the date the monetary instrument was received by the person;
(o)
a declaration that the information provided in the approved form is true and correct.
Note: The report must be given in the approved form before the end of 5 business days beginning on the day of receipt (see paragraphs 54(4)(a) and (d) of the Act).

9‑14Affixing of notices about cross‑border movement reporting obligations

(1)
This section applies to a written notice that relates to reporting obligations under Part 4 of the Act (reports about cross‑border movements of monetary instruments).
(2)
The written notice:
(a)
must be in one of the following forms:
(i)
a self‑standing sign;
(ii)
a digital or electronic sign;
(iii)
a sign in any other material form; and
(b)
must contain the following content (with or without the inclusion of any other words):
Australian Government
Australian Transaction Reports and Analysis Centre
Carrying $10,000 or more into or out of Australia?
You must report: cash, traveller’s cheques, cheques, money orders, or other bearer negotiable instruments
These are monetary instruments. By law you must report the movement of monetary instruments if the sum of the monetary instrument amount is AUD$10,000 or more (or foreign currency equivalent). Note there is no limit to the sum of monetary instruments amounts you can carry in and out of Australia.
(3)
The written notice may be affixed at:
(a)
any port, airport, wharf, or boarding station that is appointed under section 15 of the Customs Act 1901; or
(b)
a place to which section 234AA of the Customs Act 1901 applies that is not a place, or a part of a place, referred to in paragraph (a).

Part 10Secrecy and access10‑1Disclosure of AUSTRAC information to foreign countries or agencies

For the purposes of paragraph 127(2)(a) of the Act, the following Commonwealth, State or Territory agencies are prescribed:
(a)
the Attorney‑General’s Department;
(b)
the Foreign Affairs Department;
(c)
the Home Affairs Department;
(d)
that part of the Defence Department known as the Australian Geospatial‑Intelligence Organisation, and includes any part of the Defence Force that performs functions on behalf of that part of the Department;
(e)
that part of the Defence Department known as the Defence Intelligence Organisation, and includes any part of the Defence Force that performs functions on behalf of that part of the Department;
(f)
the Australian Crime Commission;
(g)
the Australian Federal Police;
(h)
the Australian Prudential Regulation Authority;
(i)
the Australian Secret Intelligence Service;
(j)
the Australian Securities and Investments Commission;
(k)
the Australian Security Intelligence Organisation;
(l)
the Australian Signals Directorate;
(m)
the Australian Taxation Office;
(n)
the National Anti‑Corruption Commission;
(o)
the Office of National Intelligence.

Part 11Other matters11‑1False or misleading information or documents

For the purposes of subparagraphs 136(1)(c)(ii) and 137(1)(c)(ii) of the Act, sections 136 and 137 of the Act (which deal with giving or producing false or misleading information or documents) apply in relation to a provision of this instrument in the following:
(a)
Part 3 (enrolment);
(b)
Part 4 (registration);
(c)
Part 6 (customer due diligence);
(d)
Part 8 (transfers of value);
(e)
Part 9 (reporting).

Part 12Application, saving and transitional provisions12‑1Transitional – reports of suspicious matters to be in old form for first 3 months after commencement

(1)
Subsections (2) and (3) apply if:
(a)
a suspicious matter reporting obligation arises for a reporting entity in relation to a person; and
(b)
the reporting entity is required under subsection 41(2) of the Act to give a report about the matter to the AUSTRAC CEO at any time in the period:
(i)
beginning at the commencement of this instrument; and
(ii)
ending on 30 June 2026.
(2)
The report must:
(a)
be in the form that was the approved form for the purposes of paragraph 41(3)(a) of the Act immediately before the commencement of this instrument; and
(b)
comply with Chapter 18 of the Anti‑Money Laundering and Counter‑Terrorism Financing Rules Instrument 2007 (No. 1), as in force immediately before the commencement of this instrument.
(3)
A report that complies with subsection (2) is taken to include the information that must, under Division 1 of Part 9 of this instrument, be contained in a report under subsection 41(2) of the Act in relation to the suspicious matter reporting obligation.

12‑2Transitional – reports of suspicious matters by entities on Reporting Entities Roll at commencement

(1)
Subsection (2) applies if:
(a)
at the commencement of this instrument, a reporting entity is entered on the Reporting Entities Roll; and
(b)
a suspicious matter reporting obligation arises for the reporting entity in relation to a person; and
(c)
the reporting entity gives a report about the matter that complies with Chapter 18 of the Anti‑Money Laundering and Counter‑Terrorism Financing Rules Instrument 2007 (No. 1), as in force immediately before the commencement of this instrument; and
(d)
the report is given on or after 1 July 2026 and before the earlier of:
(i)
30 March 2029; or
(ii)
the day specified in an instrument made under subsection (3).
(2)
The report is taken to include the information that must, under Division 1 of Part 9 of this instrument, be contained in a report under subsection 41(2) of the Act in relation to the suspicious matter reporting obligation.
(3)
The AUSTRAC CEO may, by notifiable instrument, specify a day for the purposes of subparagraph (1)(d)(ii).

12‑3Transitional – reports of threshold transactions to be in old form for first 3 months after commencement

(1)
Subsections (2) and (3) apply if:
(a)
a reporting entity commences to provide, or provides, a designated service to a customer; and
(b)
the provision of the service involves a threshold transaction; and
(c)
the reporting entity is required under subsection 43(2) of the Act to give the AUSTRAC CEO a report of the transaction at any time during the period:
(i)
beginning at the commencement of this instrument; and
(ii)
ending on 30 June 2026.
(2)
The report must:
(a)
be in the form that was the approved form for the purposes of paragraph 43(3)(a) of the Act immediately before the commencement of this instrument; and
(b)
comply with Chapter 19 of the Anti‑Money Laundering and Counter‑Terrorism Financing Rules Instrument 2007 (No. 1), as in force immediately before the commencement of this instrument.
(3)
A report that complies with subsection (2) is taken to include the information that must, under Division 2 of Part 9 of this instrument, be contained in a report under subsection 43(2) of the Act in relation to the threshold transaction.

12‑4Transitional – reports of threshold transactions by entities on Reporting Entities Roll at commencement

(1)
Subsection (2) applies if:
(a)
at the commencement of this instrument, a reporting entity is entered on the Reporting Entities Roll; and
(b)
the reporting entity commences to provide, or provides, a designated service to a customer; and
(c)
the provision of the service involves a threshold transaction; and
(d)
the reporting entity gives a report about the threshold transaction that complies with Chapter 19 of the Anti‑Money Laundering and Counter‑Terrorism Financing Rules Instrument 2007 (No. 1), as in force immediately before the commencement of this instrument; and
(e)
the report is given on or after 1 July 2026 and before the earlier of:
(i)
30 March 2029; or
(ii)
the day specified in an instrument made under subsection (3).
(2)
The report is taken to include the information that must, under Division 2 of Part 9 of this instrument, be contained in a report under subsection 43(2) of the Act in relation to the threshold transaction.
(3)
The AUSTRAC CEO may, by notifiable instrument, specify a day for the purposes of subparagraph (1)(e)(ii).

12‑5Transitional – keep open notices

(1)
Subsections (2) and (3) apply if an exemption granted to a reporting entity in respect of a customer under Chapter 75 of the Anti‑Money Laundering and Counter‑Terrorism Financing Rules Instrument 2007 (No. 1) was in force immediately before the commencement of this instrument.
(2)
Subject to subsection (3), the exemption continues in force on and after that commencement, and may be dealt with, as if it were a keep open notice issued under subsection 39B(1) of the Act by a senior member of the eligible agency that requested the exemption.
(3)
The exemption continues in force until the earlier of the following:
(a)
the expiry of:
(i)
the period for which the exemption was granted; or
(ii)
if that period was extended under section 75.9 of the Anti‑Money Laundering and Counter‑Terrorism Financing Rules Instrument 2007 (No. 1)—the expiry of that period as extended;
(b)
the time the agency that requested the exemption notifies the reporting entity and the AUSTRAC CEO that the relevant investigation has ended.
(4)
To avoid doubt, subsections 39B(7) and (8) of the Act (which deal with extensions) apply to an exemption continued in force under this section.

Schedule 1Forms

Note: See sections 6‑38 to 6‑41.

Form 1Keep open notice

KEEP OPEN NOTICE

Subsection 39B(1) of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006

Explanation of this notice

1	This keep open notice (Notice) is issued pursuant to subsection 39B(1) of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 (AML/CTF Act).
2	A senior member of an agency of the kind listed in subsection 39B(3) of the AML/CTF Act reasonably believes that the provision of a designated service by the reporting entity to whom this Notice is issued to the customer(s) specified in this Notice would assist in the investigation by the agency of a serious offence.
3	Pursuant to subsection 39A(2) of the AML/CTF Act, the reporting entity is exempt from section 26G, 28 or 30 of the AML/CTF Act in respect of the provision of a designated service to a customer specified in this Notice to the extent that the reporting entity reasonably believes that compliance with that section would or could reasonably be expected to alert the customer to the existence of a criminal investigation.
4	If the exemption referred to in paragraph 3 applies in relation to the provision by the reporting entity of a designated service to the customer, section 139 of the AML/CTF Act (providing a designated service using a false customer name or customer anonymity) does not apply in relation to the provision by the reporting entity of that designated service to the customer.
5	This Notice remains in force for the period starting on the commencement date specified in this Notice (Commencement Date) and ending on the earlier of the following: (a) the day that is 6 months after the Commencement Date; (b) the day that the agency that issued the Notice notifies the reporting entity and the AUSTRAC CEO that the relevant investigation has ended.
6	The AUSTRAC CEO has been sent a copy of this Notice.
7	This Notice does not compel a reporting entity to provide a designated service to the customer specified in this Notice.
8	A suspicious matter reporting obligation does not arise for a reporting entity in relation to a customer upon the receipt of this Notice. However, a suspicious matter reporting obligation may otherwise arise for the reporting entity in relation to the customer in accordance with section 41 of the AML/CTF Act.

Full name of reporting entity to whom this Notice is issued

Commencement date of this Notice

Details of the customer(s) to whom this Notice applies
Full name of customer(s)	Date of birth or Australian Business Number/Australian Company Number (if known)	Additional details of customer(s) to whom this Notice applies (if known)

Do any attachments accompany this Notice?

c No

c Yes c Number of attachments

Details of senior member
Full name
Position
Agency

Declaration

I am the senior member specified above and reasonably believe that the provision of a designated service by the reporting entity to the customer(s) specified in this Notice would assist in the investigation by the agency of a serious offence.

Signed

Date

Form 2Extension notice

KEEP OPEN NOTICE—EXTENSION NOTICE

Subsection 39B(7) of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006

Explanation of this notice

1	This extension notice is issued pursuant to subsection 39B(7) of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 (AML/CTF Act).
2	This extension notice extends the period that a keep open notice remains in force for a further period of 6 months.
3	This extension notice must be issued to the reporting entity to whom the keep open notice was issued before the expiry of the keep open notice.
4	A senior member of the agency of the kind listed in subsection 39B(3) of the AML/CTF Act reasonably believes that the continued provision of a designated service by the reporting entity to the customer(s) specified in the keep open notice would assist in the investigation by the agency of a serious offence.
5	Pursuant to subsection 39A(2) of the AML/CTF Act, the reporting entity continues to be exempt from section 26G, 28 or 30 of the AML/CTF Act in respect of the continued provision of a designated service to a customer specified in the keep open notice to the extent that the reporting entity reasonably believes that compliance with that section would or could reasonably be expected to alert the customer to the existence of a criminal investigation.
6	If the exemption referred to in paragraph 5 applies in relation to the continued provision by the reporting entity of a designated service to the customer, section 139 of the AML/CTF Act (providing a designated service using a false customer name or customer anonymity) does not apply in relation to the continued provision by the reporting entity of that designated service to the customer.
7	The AUSTRAC CEO has been sent a copy of this extension notice.
8	This extension notice does not compel the reporting entity to continue to provide a designated service to a customer specified in this extension notice.
9	A suspicious matter reporting obligation does not arise for a reporting entity in relation to a customer upon the receipt of this extension notice. However, a suspicious matter reporting obligation may otherwise arise for the reporting entity in relation to the customer in accordance with section 41 of the AML/CTF Act.
10	The period for which the keep open notice remains in force may be extended for a further period of 6 months if a senior member of the issuing agency issues an extension notice under subsection 39B(7) of the AML/CTF Act.

Full name of reporting entity to whom the keep open notice was issued

Commencement date of the keep open notice

Commencement date of the extension period

[State the date that is the day after the expiry of the following (as applicable):
(a) the keep open notice;
(b) the previous extension period.]

Previous extension notices (if any) issued in relation to the keep open notice
Have any extension notices previously been issued in relation to the keep open notice?
How many extension notices have been issued prior to this extension notice?

Details of the customer(s) to whom the keep open notice applies

[List all customers included in the keep open notice]

Full name of customer(s)

Date of birth or Australian Business Number/Australian Company Number (if known)

Details of senior member
Full name
Position
Agency

Declaration

I am the senior member specified above and reasonably believe that the continued provision of a designated service by the reporting entity to the customer(s) specified in this extension notice would assist in the investigation by the agency of a serious offence.

Signed

Date

Form 3Application to issue extension notice

APPLICATION TO ISSUE EXTENSION NOTICE TO FURTHER EXTEND THE PERIOD OF A KEEP OPEN NOTICE

Paragraph 39B(8)(b) of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006

This is the prescribed form for an application to the AUSTRAC CEO under paragraph 39B(8)(b) of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 (the AML/CTF Act) to disapply paragraph 39B(7)(b) of that Act for the purpose of issuing a further extension notice in relation to a keep open notice.

Full name of reporting entity to whom the keep open notice was issued

Commencement date of the keep open notice

Previous extension notices issued under subsection 39B(7) of the AML/CTF Act
How many extension notices have been issued in relation to the keep open notice prior to this application?

Previous applications to the AUSTRAC CEO
How many notices have been given by the AUSTRAC CEO under paragraph 39B(8)(d) of the AML/CTF Act in relation to the keep open notice?

Details of the customer(s) to whom the keep open notice applies

List all customers included in the keep open notice

Full name of customer(s)

Date of birth or Australian Business Number/Australian Company Number (if known)

Reasons a further extension of the keep open notice is required

Serious offence(s) under investigation by the agency

Details of senior member
Full name
Position
Agency

Declaration

I am the senior member specified above and I reasonably believe that the continued provision of a designated service by the reporting entity to the customer(s) specified in the keep open notice would assist in the continued investigation by the agency of the serious offence(s) described in this application.

Signed

Date