Anti-Money Laundering and Counter-Terrorism Financing Rules Amendment Instrument 2010 (No. 3)

Administered by Attorney-General's Department

Legislation au F2010L03318 Rules Not in force Legislative Instrument

Legislation content

Anti-Money Laundering and Counter-Terrorism Financing Rules Amendment Instrument 2010 (No. 3)

as amended

made under section 229 of the

AntiMoney Laundering and CounterTerrorism Financing Act 2006

This compilation was prepared on 17 November 2011
taking into account amendments up to AntiMoney Laundering and CounterTerrorism Financing Rules Amendment Instrument 2011 (No. 6)

Prepared by the Australian Transaction Reports and Analysis Centre (AUSTRAC)

 

 

 

 

 

 

 

1 Name of Instrument [see Note 1]

This Instrument is the Anti-Money Laundering and Counter-Terrorism Financing Rules Amendment Instrument 2010 (No.3).

2 Commencement [see Note 1]

 

 This Instrument commences as follows:

 

(a) on the day after it is registered – Schedule 1;

(b) on the day after it is registered – Schedule 2;

(c) on 1 October 2011 – Schedule 3.

 

3 Amendment

(a) Schedule 1 amends the Anti-Money Laundering and Counter- Terrorism Financing Rules Instrument 2007 (No. 1).

(b) Schedule 2 amends the Anti-Money Laundering and Counter- Terrorism Financing Rules Amendment Instrument 2007 (No. 5).

(c) Schedule 3 amends the Anti-Money Laundering and Counter- Terrorism Financing Rules Instrument 2007 (No. 1).

 

Schedule 1 Amendment of the Anti-Money Laundering and Counter-Terrorism Financing Rules Instrument 2007 (No. 1).

 

1. Chapter 11

 

 (a) Repeal Chapter heading

 

 (b) Insert Chapter heading

 

  Chapter 11 – Compliance ReportReporting and Lodgment periods

 

2. (a) After paragraph 11.1 omit

 

11.2 For paragraph 47(1)(a) of the AML/CTF Act, a reporting period is:

 

(1)  the period beginning on 13 December 2006 and ending on 31 December 2007; and

 

(2)  the period beginning on 1 January 2008 and ending on 31 December 2008; and

 

(3)  the period beginning on 1 January 2009 and ending on 31 December 2009.

 

Reporting entities should note that in relation to activities they undertake to comply with the AML/CTF Act, they will have obligations under the Privacy Act 1988, including the requirement to comply with the National Privacy Principles, even if they would otherwise be exempt from the Privacy Act. For further information about these obligations, please go to http://www.privacy.gov.au or call 1300 363 992.

 

11.3 For paragraph 47(1)(b) of the AML/CTF Act, the lodgment period for a reporting period is the period of 3 months beginning at the end of the reporting period.

 

 

(b) After paragraph 11.1 insert

 

 

11.2 For paragraph 47(1)(a) of the AML/CTF Act, a reporting period is:

 

(1) the period beginning on 13 December 2006 and ending on 31 December 2007; and

 

(2) the period beginning on 1 January 2008 and ending on 31 December 2008; and

 

(3) the period beginning on 1 January 2009 and ending on 31 December 2009; and thereafter

 

(4) each calendar year.

 

11.3 For paragraph 47(1)(b) of the AML/CTF Act, the lodgment period:

 

(1) for the reporting period in each of subparagraphs 11.2(1), 11.2(2) and 11.2(3), is the period of 3 months beginning at the end of the reporting period in each respective subparagraph; and

 

(2) for subparagraph 11.2(4), is the period beginning on the first business day in January in the calendar year immediately following the reporting period and ending on 31 March of that calendar year.

 

11.4 In this Chapter:

 

 (a) ‘The first business day in January is the first day in each  January which is not a Saturday, a Sunday or a public holiday               in any State.

 

Reporting entities should note that in relation to activities they undertake to comply with the AML/CTF Act, they will have obligations under the Privacy Act 1988, including the requirement to comply with the National Privacy Principles, even if they would otherwise be exempt from the Privacy Act. For further information about these obligations, please go to http://www.privacy.gov.au or call 1300 363 992.

 

3. (a) Repeal Chapter 19

 

 (b) After Chapter 18

 

  Insert

 

Chapter 19 Reportable details for threshold transactions

19.1              These Rules are made under section 229 of the AntiMoney Laundering and Counter-Terrorism Financing Act 2006 (AML/CTF Act) for paragraph 43(3)(b) of that Act.

19.2 Subject to paragraph 19.3, a report under subsection 43(2) of the AML/CTF Act must contain the following details about a threshold transaction:

(1) if the customer of the designated service is an individual:

(a) the customer’s full name;

(b) any other name used by the customer, if known;

(c) any business name(s) under which the customer operates, if known;

(d) the customer’s date of birth;

(e) the customer’s full address (not being a post box address);

(f) the postal address of the customer if different from that in 19.2(1)(e), if known;

(g) the customer’s telephone number, if known;

(h) the ABN of the customer, if known;

(2) if the customer who is conducting the transaction is a signatory to the account but not the account holder, only the following details are required:

 (a) full name;

 (b) any other name used by the signatory, if known;

 (c) date of birth;

 (d) full address (not being a post box address);

 (e) the postal address of the signatory if different from that in  19.2(2)(d);

 (f) telephone number, if known;

Note: Where 19.2(2) applies, the details of the customer who is the account holder must be supplied under subparagraphs 19.2(1) or 19.2(3).

(3) if the customer of the designated service is not an individual:

(a) the name of the customer and any business name(s) under which the customer operates;

(b) a description of the legal form of the customer and any business structure it is a part of, for the purposes of its main business activities, if known (for example: partnership, trust or company);

(c) the full address of the customer’s principal place of business (not being a post box address), if applicable;

(d) the postal address of the customer if different from that in 19.2(3)(c), if known;

(e) the ACN, ARBN and/or ABN of the customer, if known;

(f) the customer’s telephone number, if known;

(4) the occupation, business or principal activity of the customer or the relevant industry or occupation code(s) that applies to the customer’s business or occupation, if known, such as (without limitation):

 (a) the Australian Bureau of Statistics in the Australian and New               Zealand Standard Industrial Classification (ANZSIC) 2006 (as               amended); or

(b) the relevant industry code that applies to the customer’s business as published by the Australian Bureau of Statistics in the Australian Standard Classification of Occupations (ASCO) (as amended from time to time);

(5) the date of the threshold transaction;

(6) a description of the designated service provided or commenced to be provided by the reporting entity to the customer which involves the threshold transaction;

(7) where applicable, the total of each of the following amounts, and the sum of these amounts, provided to or received from the customer relating to the threshold transaction:

(a) money, including the total of each component thereof, and the type and total of each currency where a component is physical currency;

(b) international funds transfers;

(c) subject to 19.2(7)(f), cheques;

(d) subject to 19.2(7)(f), bank cheques;

(e) subject to 19.2(7)(f), bank drafts;

(f) if the amount of 19.2(7)(c), (d) or (e) cannot be ascertained individually, the sum of those amounts;

(g) traveller’s cheques;

(h) money or postal orders;

(i) hire purchase or finance lease payments;

(j) negotiable debt instruments;

(k) benefit payments or payouts;

(l) contributions or premiums;

(m) derivatives or futures;

(n) securities;

(o) bullion;

(p) stored value cards (including whether the card was issued or topped up);

(q) gambling chips or tokens;

(r) electronic gaming machine payouts;

(s) winning tickets from wagering;

(t) buying into a game (for a gambling service);

(u) placing a bet; and

(v) any other value;

(8) all of the following details, as applicable to the threshold transaction:

(a) where the threshold transaction involves physical currency:

(i) the total amount in Australian dollars;

(ii) if the amount involves foreign currency, a description and amount of the currency;

(iii) the name(s) of the recipient(s);

(iv) the full address(es) of the recipient(s) (not being a post box address), if known;

(v) the date(s) of birth of the recipient(s), if known;

(vi) a description of the purpose of the transfer(s);

(vii) if the purpose of the transfer(s) is to:

(a)               enable a cheque to be provided to the customer using all or part of the physical currency transferred by the customer; or

(b)               enable the customer to receive physical currency in exchange for all or part of a cheque produced by the customer to the reporting entity;

 the following details:

(c)              the name of the drawer;

(d)              the name of the drawee; and

(e)              the amount of the cheque;

(b) where the threshold transaction involves e-currency:

              (i) the denomination of the e-currency and the amount of                             the e-currency;

(ii) the equivalent total amount of e-currency in Australian               dollars, if known;

(iii) a description of the ecurrency including details of the backing asset or thing, if known;

(iv) the name(s) of the recipient(s);

(v) the full address(es) of the recipient(s) (not being a post box address), if known;

(vi) the date(s) of birth of the recipient(s), if known;

(vii) a description of the purpose of the transfer(s);

(viii) if the purpose of the transfer(s) is to:

(a)               enable a cheque to be provided to the customer using all or part of the e-currency transferred by the customer; or

(b)               enable the customer to receive e-currency in exchange for all or part of a cheque produced by the customer to the reporting entity;

 the following details:

(c)              the name of the drawer;

(d)              the name of the drawee; and

(e)              the amount of the cheque;

(c) where the threshold transaction is of a kind specified in the regulations involving money:

(i) the total amount in Australian dollars;

(ii) if the amount involves foreign currency, a description and amount of the currency;

(iii) a description of the type of specified transaction;

(iv)             the name(s) of the recipient(s);

(v) the full address(es) of the recipient(s) (not being a post box address), if known;

(vi) the date(s) of birth of the recipient(s), if known;

(vii) a description of the purpose of the transfer(s);

(viii)              if the purpose of the transfer(s) is to:

(a)  enable a cheque to be provided to the customer using all or part of the money transferred by the customer; or

(b)  enable the customer to receive money in exchange for all or part of a cheque produced by the customer to the reporting entity;

 the following details:

(c)              the name of the drawer;

(d)              the name of the drawee; and

(e)              the amount of the cheque;

(d) where the threshold transaction is of a kind specified in the regulations involving the transfer of property:

(i) a description of the type of specified transaction;

(ii) the value of the transferred property in Australian dollars;

(iii) if value of the transferred property involves foreign currency, a description and amount of the currency;

(iv) the name(s) of the recipient(s);

(v) the full address(es) of the recipient(s) (not being a post box address), if known;

(vi) the date(s) of birth of the recipient(s), if known;

(vii) a description of the purpose of the transfer(s);

(viii)              if the purpose of the transfer(s) is to:

(a)               enable a cheque to be provided to the customer using all or part of the property transferred by the customer; or

(b)               enable the customer to receive property in exchange for all or part of a cheque produced by the customer to the reporting entity;

the following details:

(c)              the name of the drawer;

(d)              the name of the drawee; and

(e)              the amount of the cheque;

(9) a description of any account opened by the reporting entity that involves the threshold transaction including the account’s identifying number;

(10) the name and if applicable, identifying number of the reporting entity;

(11) the name and if applicable, identifying number of the reporting entity at which the threshold transaction was conducted;

(12) the address of the reporting entity at which the threshold transaction was conducted;

 

(13) any identifying or transaction number assigned to the threshold transaction;

 

(14) a description of the reliable and independent documentation and/or electronic data source(s) relied upon to verify the identity of the customer, if applicable.

19.3 If the threshold transaction arises under a designated service that is of a kind described in item 3 of table 1 in subsection 6(2) of the AML/CTF Act, the reference to ‘customer’ in subparagraphs 19.2(2) to 19.2(13) inclusive will be taken, in the first instance, to refer only to the holder of the account and the signatory (if any) conducting the transaction in relation to the account, provided that:

(1) if there are other signatories to the account, the AUSTRAC CEO may require the reporting entity to give to the AUSTRAC CEO, in the form of a supplement to the subsection 43(2) report, the same information that was submitted for the signatory conducting the transaction set out in subparagraphs 19.2(2)(a) to (f) in respect of the other signatories; and

(2) nothing in paragraph 19.3 prevents a person (including the AUSTRAC CEO) from exercising his or her power under the AML/CTF Act (including under section 49) to obtain further information or documents, including information or documents about the other signatories (if any) to the account.

 

19.4 A report under subsection 43(2) of the AML/CTF Act must contain the  following details about the person completing the report:

 

(1) Full name;

(2) Job title or position;

(3) Telephone number; and

(4) Email address.

 

 

 

 

Reporting entities should note that in relation to activities they undertake to comply with the AML/CTF Act, they will have obligations under the Privacy Act 1988, including the requirement to comply with the National Privacy Principles, even if they would otherwise be exempt from the Privacy Act. For further information about these obligations, please go to http://www.privacy.gov.au or call 1300 363 992.

 

Schedule 2 Amendment of Anti-Money Laundering and Counter-Terrorism Financing Rules Amendment Instrument 2007 (No. 5).

 

1. (a) Repeal section 2(c)

 

(b) After section 2 omit

 

3  Amendment

Schedules 1, 2 and 3 amend the Anti-Money Laundering and

Counter-Terrorism Financing Rules Instrument 2007 (No. 1).

 

(c) After section 2 insert

 

3  Amendment

Schedules 1 and 2 amend the Anti-Money Laundering and

Counter-Terrorism Financing Rules Instrument 2007 (No. 1).

 

 (d) Repeal Schedule 3

Schedule 3 Amendment of Anti-Money Laundering and Counter-Terrorism Financing Rules Instrument 2007 (No. 1).

 

 (a) Repeal Chapter 19

 

 (b) After Chapter 18

 

  insert

 

Chapter 19 Reportable details for threshold transactions

 

19.1              This Chapter commences on 1 October 2011.

              Note: For obligations and liabilities under the Rules in Chapter 19 as in force on 30 September 2011, see section 8 of the Acts Interpretation Act 1901.

19.2              These Rules are made under section 229 of the AntiMoney Laundering and Counter-Terrorism Financing Act 2006 (AML/CTF Act) for paragraph 43(3)(b) of that Act.

19.3 Subject to paragraph 19.4, a report under subsection 43(2) of the AML/CTF Act must contain the following details about a threshold transaction:

(1) if the customer of the designated service is an individual:

(a) the customer’s full name;

(b) any other name used by the customer, if known;

(c) any business name(s) under which the customer operates, if known;

(d) the customer’s date of birth;

(e) the customer’s full address (not being a post box address);

(f) the postal address of the customer if different from that in 19.3(1)(e), if known;

(g) the customer’s telephone number, if known;

(h) the ABN of the customer, if known;

(i) if the person conducting the threshold transaction is not the customer, the details of the person specified in subparagraph 19.3(15)(a) and if applicable, 19.3(15)(b) and 19.3(15)(c), of these Rules;

(2) if the customer who is conducting the transaction is a signatory to the account but not the account holder, only the following details are required:

 (a) full name;

 (b) any other name used by the signatory, if known;

 (c) date of birth;

 (d) full address (not being a post box address);

 (e) the postal address of the signatory if different from that in  19.3(2)(d);

 (f) telephone number, if known;

Note: Where 19.3(2) applies, the details of the customer who is the account holder must be supplied under subparagraphs 19.3(1) or 19.3(3).

(3) if the customer of the designated service is not an individual:

(a) the name of the customer and any business name(s) under which the customer operates;

(b) a description of the legal form of the customer and any business structure it is a part of, for the purposes of its main business activities, if known (for example: partnership, trust or company);

(c) the full address of the customer’s principal place of business (not being a post box address), if applicable;

(d) the postal address of the customer if different from that in 19.3(3)(c), if known;

(e) the ACN, ARBN and/or ABN of the customer, if known;

(f) the customer’s telephone number, if known;

(g) the details of the person conducting the threshold transaction specified in subparagraph 19.3(15)(a) and if applicable, 19.3(15)(b) and 19.3(15)(c), of these Rules;

(4) the occupation, business or principal activity of the customer or the relevant industry or occupation code(s) that applies to the customer’s business or occupation, if known, such as (without limitation):

(a) the Australian Bureau of Statistics in the Australian and New Zealand Standard Industrial Classification (ANZSIC) 2006 (as amended); or

(b) the relevant industry code that applies to the customer’s business as published by the Australian Bureau of Statistics in the Australian Standard Classification of Occupations (ASCO) (as amended from time to time);

(5) the date of the threshold transaction;

(6) a description of the designated service provided or commenced to be provided by the reporting entity to the customer which involves the threshold transaction;

(7) where applicable, the total of each of the following amounts, and the sum of these amounts, provided to or received from the customer relating to the threshold transaction:

(a) money, including the total of each component thereof, and the type and total of each currency where a component is physical currency;

(b) international funds transfers;

(c) subject to 19.3(7)(f), cheques;

(d) subject to 19.3(7)(f), bank cheques;

(e) subject to 19.3(7)(f), bank drafts;

(f) if the amount of 19.3(7)(c), (d) or (e) cannot be ascertained individually, the sum of those amounts;

(g) traveller’s cheques;

(h) money or postal orders;

(i) hire purchase or finance lease payments;

(j) negotiable debt instruments;

(k) benefit payments or payouts;

(l) contributions or premiums;

(m) derivatives or futures;

(n) securities;

(o) bullion;

(p) stored value cards (including whether the card was issued or topped up);

(q) gambling chips or tokens;

(r) electronic gaming machine payouts;

(s) winning tickets from wagering;

(t) buying into a game (for a gambling service);

(u) placing a bet; and

(v) any other value;

(8) all of the following details, as applicable to the threshold transaction:

(a) where the threshold transaction involves physical currency:

(i) the total amount in Australian dollars;

(ii) if the amount involves foreign currency, a description and amount of the currency;

(iii) the name(s) of the recipient(s);

(iv) the full address(es) of the recipient(s) (not being a post box address), if known;

(v) the date(s) of birth of the recipient(s), if known;

(vi) a description of the purpose of the transfer(s);

(vii) if the purpose of the transfer(s) is to:

(a)               enable a cheque to be provided to the customer using all or part of the physical currency transferred by the customer; or

(b)               enable the customer to receive physical currency in exchange for all or part of a cheque produced by the customer to the reporting entity;

 the following details:

(c)              the name of the drawer;

(d)              the name of the drawee; and

(e)              the amount of the cheque;

(b) where the threshold transaction involves e-currency:

              (i) the denomination of the e-currency and the amount of                             the e-currency;

(ii) the equivalent total amount of e-currency in Australian               dollars, if known;

(iii) a description of the ecurrency including details of the backing asset or thing, if known;

(iv) the name(s) of the recipient(s);

(v) the full address(es) of the recipient(s) (not being a post box address), if known;

(vi) the date(s) of birth of the recipient(s), if known;

(vii) a description of the purpose of the transfer(s);

(viii) if the purpose of the transfer(s) is to:

(a)               enable a cheque to be provided to the customer using all or part of the e-currency transferred by the customer; or

(b)               enable the customer to receive e-currency in exchange for all or part of a cheque produced by the customer to the reporting entity;

 the following details:

(c)              the name of the drawer;

(d)              the name of the drawee; and

(e)              the amount of the cheque;

(c) where the threshold transaction is of a kind specified in the regulations involving money:

(i) the total amount in Australian dollars;

(ii) if the amount involves foreign currency, a description and amount of the currency;

(iii) a description of the type of specified transaction;

(iv) the name(s) of the recipient(s);

(v) the full address(es) of the recipient(s) (not being a post box address), if known;

(vi) the date(s) of birth of the recipient(s), if known;

(vii) a description of the purpose of the transfer(s);

(viii)              if the purpose of the transfer(s) is to:

(a)               enable a cheque to be provided to the customer using all or part of the money transferred by the customer; or

(b)               enable the customer to receive money in exchange for all or part of a cheque produced by the customer to the reporting entity;

 the following details:

(c)              the name of the drawer;

(d)              the name of the drawee; and

(e)              the amount of the cheque;

(d) where the threshold transaction is of a kind specified in the regulations involving the transfer of property:

(i) a description of the type of specified transaction;

(ii) the value of the transferred property in Australian dollars;

(iii) if value of the transferred property involves foreign currency, a description and amount of the currency;

(iv) the name(s) of the recipient(s);

(v) the full address(es) of the recipient(s) (not being a post box address), if known;

(vi) the date(s) of birth of the recipient(s), if known;

(vii) a description of the purpose of the transfer(s);

(viii)              if the purpose of the transfer(s) is to:

(a)               enable a cheque to be provided to the customer using all or part of the property transferred by the customer; or

(b)               enable the customer to receive property in exchange for all or part of a cheque produced by the customer to the reporting entity;

the following details:

(c)              the name of the drawer;

(d)              the name of the drawee; and

(e)              the amount of the cheque;

(9) a description of any account opened by the reporting entity that involves the threshold transaction including the account’s identifying number;

(10) the name and if applicable, identifying number of the reporting entity;

(11) the name and if applicable, identifying number of the reporting entity at which the threshold transaction was conducted;

(12) the address of the reporting entity at which the threshold transaction was conducted;

 

(13) any identifying or transaction number assigned to the threshold transaction;

 

(14) a description of the reliable and independent documentation and/or electronic data source(s) relied upon to verify the identity of the customer, if applicable;

 

 Individual conducting the threshold transaction is not the customer

 

 (15) subject to 19.3(17), all of the following details, where applicable, of               the threshold transaction conducted by an individual who is not the               customer:             

 

  (a) if the person conducting the threshold transaction is an                                            individual:

 

   (i) the individual’s full name;

 

   (ii) any other name used by the person, if known;

 

   (iii) the individual’s date of birth, if known;

 

   (iv) the individual’s full address (not being a post box                                                          address), if known;

 

   (v) the postal address of the individual if different from that                                                         in 19.3(15)(a)(iv), if known;

 

   (vi) the individual’s telephone number, if known;

 

   (vii) a description of evidence of agency authorisation of the                                                         individual, if any and known;

 

 (viii) unless 19.3(15)(b)(ii) or 19.3(15)(c)(iv) applies, the  person’s occupation or principal activity, if known;

 

 (b) if the individual is an employee acting on behalf of the                              customer, the following details in addition to those specified in                             subparagraph 19.3(15)(a):

 

   (i) a statement of whether the person is conducting the                                                          transaction as an employee of the customer;

 

   (ii) the individual’s title, role or position held with the                                                          customer, if known;

 

 (c) if the individual is acting on behalf of a non-individual entity                             that is not the customer, the following details in addition to                                           those specified in subparagraph 19.3(15)(a):

 

   (i) the full name of the entity or business name under                                                          which the entity operates, if known;

 

   (ii) the full address of the non-individual entity (not being a                                                         post box address), if known;

 

   (iii) a description of evidence of agency authorisation of the                                           non-individual entity to act on behalf of the customer, if                                           any and known;

 

   (iv) the individual’s title, role or position held with the non-                                                        individual entity, if known;

 

   (v) the ACN, ARBN and/or ABN of the non-individual                                                          entity, if known;

 

   (vi) a statement of whether the person who is conducting the                                                         transaction is acting on behalf of the non-individual                                                                       entity;

   

 (16) a description of the reliable and independent documentation and/or                             reliable and independent electronic data relied upon to verify the                                           identity of the individual referred to in subparagraph 19.3(15), if                                           applicable;

 

 Information required in certain circumstances

 

19.3 (17) (a) where a threshold transaction occurs in the circumstances specified in subparagraph 19.3(15) but

 (i) the transaction involves a deposit service carried out in               non-face to face circumstances by the individual;

(ii) the transaction relates to the provision of the designated service described in item 51 or item 53 of table 1 in subsection 6(2) of the AML/CTF Act by the individual; or

(iii) the transaction relates to the provision of the designated service described in item 51 or item 53 of table 1 in subsection 6(2) of the AML/CTF Act;

and

(A) that designated service is provided under the terms of an agreement for services, between the provider of the item 51 or 53 designated service and the customer, and

(B) under that agreement, the item 51 or item 53 designated service must be scheduled 5 business days or more before the designated service is provided; then

(b) the provision of the following details, in addition to the details in 19.3(1)-(14), only:

(i) a statement that the circumstances in 19.3(17)(a)(i), (ii) or (iii) apply.

 

Note: Where a reporting entity is unable to ascertain whether the circumstances in 19.3(17)(a)(i), (ii) or (iii) apply, the reporting entity can assume that the transaction was carried out by the customer.

 

19.4 If the threshold transaction arises under a designated service that is of a kind described in item 3 of table 1 in subsection 6(2) of the AML/CTF Act, the reference to ‘customer’ in subparagraphs 19.3(2) to 19.3(14) inclusive will be taken, in the first instance, to refer only to the holder of the account and the signatory (if any) conducting the transaction in relation to the account, provided that:

(1) if there are other signatories to the account, the AUSTRAC CEO may require the reporting entity to give to the AUSTRAC CEO, in the form of a supplement to the subsection 43(2) report, the same information that was submitted for the signatory conducting the transaction set out in subparagraphs 19.3(2)(a) to (f) in respect of the other signatories; and

(2) nothing in paragraph 19.4 prevents a person (including the AUSTRAC CEO) from exercising his or her power under the AML/CTF Act (including under section 49) to obtain further information or documents, including information or documents about the other signatories (if any) to the account.

19.5 A report under subsection 43(2) of the AML/CTF Act must contain the following details about the person completing the report:

(1) Full name;

(2) Job title or position;

(3) Telephone number; and

(4) Email address.

19.6 In this Chapter:

(1) ‘Non-face to face circumstances’ includes the use of an automated teller machine or night or express deposit facility.

 

Reporting entities should note that in relation to activities they undertake to comply with the AML/CTF Act, they will have obligations under the Privacy Act 1988, including the requirement to comply with the National Privacy Principles, even if they would otherwise be exempt from the Privacy Act. For further information about these obligations, please go to http://www.privacy.gov.au or call 1300 363 992.

Notes to the Anti-Money Laundering and Counter-Terrorism Financing Rules Amendment Instrument 2010 (No. 3)

Note 1

The Anti-Money Laundering and Counter-Terrorism Financing Rules Amendment Instrument 2010 (No. 3) (in force under section 229 of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title

Date of FRLI registration

Date of
commencement

Application, saving or
transitional provisions

AntiMoney Laundering and CounterTerrorism Financing Rules Amendment Instrument 2010 (No. 3)

20  December 2010 (see F2010L03318)

See s. 2

 

 

AntiMoney Laundering and CounterTerrorism Financing Rules Amendment Instrument 2011 (No. 6)

27 Sept 2011 (see F2011L01977)

28 Sept 2011

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Schedule 3

 

Schedule 3............

am. 2011 No. 6

 

 

 

 

 

Overview

The Anti-Money Laundering and Counter-Terrorism Financing Rules Amendment Instrument 2010 (No. 3) is a legislative instrument that amends the Anti-Money Laundering and Counter-Terrorism Financing Rules Instrument 2007 (No. 1) and the Anti-Money Laundering and Counter-Terrorism Financing Rules Amendment Instrument 2007 (No. 5). This instrument was made under section 229 of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 and was registered on 20 December 2010. The primary objective of this amendment is to update the reporting requirements for financial institutions and other designated entities to align with the changing landscape of financial transactions and to enhance the effectiveness of anti-money laundering and counter-terrorism financing measures in Australia. The amendments address the reporting periods and the details required for threshold transactions, ensuring that financial institutions provide comprehensive and timely information to the Australian Transaction Reports and Analysis Centre (AUSTRAC).

Scope and Application

The Anti-Money Laundering and Counter-Terrorism Financing Rules Amendment Instrument 2010 (No. 3) amends the Anti-Money Laundering and Counter-Terrorism Financing Rules Instrument 2007 (No. 1) and the Anti-Money Laundering and Counter-Terrorism Financing Rules Amendment Instrument 2007 (No. 5) to make changes to the reporting requirements for threshold transactions under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CTF Act). The amendments apply to financial institutions and other reporting entities required to lodge reports with AUSTRAC, the Australian Transaction Reports and Analysis Centre, which administers the AML/CTF Act. The amendments set out the details that must be included in reports of threshold transactions, including customer information, transaction details, and account information. The amendments also specify the reporting and lodgment periods for compliance reports. The amendments apply nationally across Australia and are made under the authority of the AML/CTF Act. There are no exclusions or exemptions specified in the amendments. The amendments do not extend or restrict the application of the AML/CTF Act or other subordinate instruments.

Key Provisions

The Anti-Money Laundering and Counter-Terrorism Financing Rules Amendment Instrument 2010 (No. 3) (the 'Instrument') amends the Anti-Money Laundering and Counter-Terrorism Financing Rules Instrument 2007 (No. 1) and other related instruments. This Instrument introduces new reporting and lodgment periods for compliance reports under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CTF Act). The reporting periods are set to begin on 13 December 2006 and end on 31 December 2007, 1 January 2008 to 31 December 2008, 1 January 2009 to 31 December 2009, and thereafter each calendar year. The lodgment period for these reporting periods is three months beginning at the end of each respective reporting period. Additionally, for compliance reports submitted after 1 October 2011, the lodgment period begins on the first business day in January in the calendar year immediately following the reporting period and ends on 31 March of that calendar year. The Instrument also requires reporting entities to provide detailed information about threshold transactions. This includes details about the customer involved in the transaction, such as full name, date of birth, address, and ABN if applicable. If the customer is not an individual, additional information such as business name, legal form, principal place of business, and ACN or ARBN is required. Furthermore, the Instrument mandates the reporting entity to provide a description of the designated service provided, the total amounts involved in the transaction, and the details of any account opened by the reporting entity that involves the transaction. Where the person conducting the transaction is not the customer, additional details about the individual or entity conducting the transaction must also be reported. Entities subject to the AML/CTF Act must comply with these reporting requirements, including providing detailed information about both the customer and the individual or entity conducting the transaction. Failure to comply with these requirements can result in legal consequences. Non-compliance with the AML/CTF Act can lead to substantial penalties, both civil and criminal. Civil penalties can include fines of up to $210,000 for individuals and $1,050,000 for corporations, as specified in section 13-005 of the Crimes Act 1914 (Cth). Additionally, under section 137 of the AML/CTF Act, individuals who engage in conduct that constitutes an offence can face imprisonment for up to 10 years, and corporations can be fined up to the greater of three times the benefit obtained from the conduct, $10.5 million, or 10% of the corporation's annual turnover. These penalties underscore the importance of adhering to the detailed reporting requirements set forth in the Instrument.

Legal classification tags

Area of Law
Anti-Money Laundering and Counter-Terrorism Financing
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Regulatory Standards
Compliance Obligations

Interactions

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.