The Northern Trust Company and Chief Executive Officer, Australian Transaction Reports and Analysis Centre

The Administrative Appeals Tribunal reviewed a decision by the Chief Executive Officer of the Australian Transaction Reports and Analysis Centre (AUSTRAC) to refuse a waiver of an industry contribution levy. The applicant, The Northern Trust Company, had been invoiced for this levy, which was calculated based on international fund transfer instruction reports from the previous year. The applicant sought a waiver, arguing that the levy's calculation was inequitable, particularly as it had not previously paid such a levy, and that the collection method based on risk was inappropriate.

The Tribunal was required to determine whether the refusal to grant a waiver of the industry contribution levy was appropriate. Specifically, the Tribunal had to consider whether the payment of the levy would be inequitable, whether the method of calculating the levy contained inherent inequity, and whether the collection of the levy based on risk was an inappropriate basis for its imposition. The Tribunal also considered whether the applicant had provided sufficient evidence of hardship to warrant a waiver.

Deputy B W Rayment Oam Qc P reasoned that the applicant had not provided sufficient evidence of hardship to justify a waiver. The Tribunal found that the applicant's arguments regarding the inequity of the levy's calculation and the risk-based collection method did not demonstrate that the levy was inherently unfair or that its imposition was inappropriate. The Tribunal concluded that the applicant's self-assessed risk level was not a sufficient basis for granting a waiver.

The Tribunal affirmed the reviewable decision, meaning the applicant was not granted a waiver of the industry contribution levy.