ANTI-MONEY LAUNDERING AND COUNTER-TERRORISM FINANCING ACT 2006
Table of Provisions
PART 1--INTRODUCTION
- 1 Short title
- 2 Commencement
- 3 Objects
- 4 Simplified outline
- 5 Definitions
- 6 Designated services
- 7 Services provided jointly to 2 or more customers
- 8 Person - to - person electronic funds transfer instructions
- 9 Same - person electronic funds transfer instructions
- 10 Designated remittance arrangements etc.
- 11 Control test
- 12 Owner - managed branches of ADIs
- 13 Eligible gaming machine venues
- 14 Residency
- 15 Shell banks
- 16 Electronic communications
- 17 Bearer negotiable instruments
- 18 Translation of foreign currency to Australian currency
- 19 Translation of digital currency to Australian currency
- 20 Clubs and associations
- 21 Permanent establishment
- 22 Officials of Commonwealth, State or Territory agencies
- 23 Continuity of partnerships
- 24 Crown to be bound
- 25 Extension to external Territories
- 26 Extra - territorial application
PART 2--IDENTIFICATION--PROCEDURES ETC.
Division 1--Introduction
- 27 Simplified outline
Division 2--Identification procedures for certain pre-commencement customers
- 28 Identification procedures for certain pre - commencement customers
- 29 Verification of identity of pre - commencement customer etc.
Division 3--Identification procedures for certain low-risk services
- 30 Identification procedures for certain low - risk services
- 31 Verification of identity of low - risk service customer etc.
Division 4--Identification procedures etc.
- 32 Carrying out applicable customer identification procedure before commencement of provision of designated service
- 33 Special circumstances that justify carrying out the applicable customer identification procedure after the commencement of the provision of a designated service
- 34 Carrying out the applicable customer identification procedure after the commencement of the provision of a designated service etc.
Division 5--Verification of identity etc.
Division 5A--Use and disclosure of personal information for the purposes of verifying an individual's identity
- 35A Reporting entities may disclose certain personal information to credit reporting bodies for identity verification purposes
- 35B Credit reporting bodies may use and disclose certain personal information for identity verification purposes
- 35C Reporting entities to notify inability to verify identity
- 35D Verification information not to be collected or held by a credit reporting body
- 35E Retention of verification information--credit reporting bodies
- 35F Retention of verification information--reporting entities
- 35G Access to verification information
- 35H Unauthorised access to verification information--offence
- 35J Obtaining access to verification information by false pretences--offence
- 35K Unauthorised use or disclosure of verification information--offence
- 35L Breach of requirement is an interference with privacy
Division 6--Ongoing customer due diligence
Division 7--General provisions
- 37 Applicable customer identification procedures may be carried out by an agent of a reporting entity
- 37A Reliance on applicable customer identification procedures or other procedures--agreements or arrangements
- 37B Regular assessments of agreement or arrangement covered by section 37A
- 38 Reliance on applicable customer identification procedures or other procedures--other circumstances
- 39 General exemptions
PART 3--REPORTING--OBLIGATIONS
Division 1--Introduction
- 40 Simplified outline
Division 2--Suspicious matters
Division 3--Threshold transactions
- 43 Reports of threshold transactions
- 44 Exemptions
Division 4--International funds transfer instructions
Division 5--AML/CTF compliance reports
Division 6--General provisions
- 49 Further information to be given to the AUSTRAC CEO etc.
- 49A AML/CTF Rules may make provision in relation to reports by registered remittance affiliates
- 50 Request to obtain information about the identity of holders of foreign credit cards and foreign debit cards
- 50A Secrecy--information obtained under section 49
- 51 Division 400 and Chapter 5 of the Criminal Code
PART 3A--REPORTING--ENTITIES ROLL
- 51A Simplified outline
- 51B Reporting entities must enrol
- 51C Reporting Entities Roll
- 51D Enrolment
- 51E Applications for enrolment
- 51F Enrolled persons to advise of change in enrolment details
- 51G Removal of entries from the Reporting Entities Roll
PART 4--REPORTS--ABOUT CROSS-BORDER MOVEMENTS OF MONETARY INSTRUMENTS
Division 1--Simplified outline of this Part
- 52 Simplified outline of this Part
Division 2--Reports about monetary instruments
- 53 Reports about movements of monetary instruments into or out of Australia
- 54 Reports about receipts of monetary instruments moved into Australia
- 55 Movements of monetary instruments into Australia
- 56 Movements of monetary instruments out of Australia
- 57 Obligations of customs officers and police officers
Division 4--Information about reporting obligations
- 61 Power to affix notices about reporting obligations
- 62 Notice about reporting obligations to be given to travellers to Australia
PART 5--ELECTRONIC--FUNDS TRANSFER INSTRUCTIONS
Division 1--Introduction
- 63 Simplified outline
Division 2--2 or more institutions involved in the transfer
- 64 Electronic funds transfer instructions--2 or more institutions involved in the transfer
- 65 Request to include customer information in certain international electronic funds transfer instructions
Division 3--Only one institution involved in the transfer
- 66 Electronic funds transfer instructions--only one institution involved in the transfer
Division 4--General provisions
- 67 Exemptions
- 68 Defence of relying on information supplied by another person
- 69 Division 400 and Chapter 5 of the Criminal Code
- 70 Required transfer information
- 71 Complete payer information
- 72 Tracing information
PART 6--THE--REMITTANCE SECTOR REGISTER
Division 1--Simplified outline
- 73 Simplified outline
Division 2--Restrictions on providing certain remittance services
Division 3--Registration of persons
- 75 Remittance Sector Register
- 75A Information to be entered on the Remittance Sector Register
- 75B Applications for registration
- 75C Registration by AUSTRAC CEO
- 75D Spent convictions scheme
- 75E Registration may be subject to conditions
- 75F When registration of a person ceases
- 75G Cancellation of registration
- 75H Suspension of registration
- 75J Renewal of registration
- 75K Removal of entries from the Remittance Sector Register
- 75L AML/CTF Rules--general provision
- 75M Registered persons to advise of material changes in circumstance etc.
- 75N AUSTRAC CEO may request further information
- 75P Immunity from suit
- 75Q Steps to be taken by AUSTRAC CEO before making certain reviewable decisions
Division 5--Basis of registration
- 75T Basis of registration
PART 6A--THE--DIGITAL CURRENCY EXCHANGE REGISTER
Division 1--Simplified outline
- 76 Simplified outline
Division 2--Restrictions on providing digital currency exchange services
- 76A Unregistered persons must not provide certain digital currency exchange services
Division 3--Registration of persons
- 76B Digital Currency Exchange Register
- 76C Information to be entered on the Digital Currency Exchange Register
- 76D Applications for registration
- 76E Registration by AUSTRAC CEO
- 76F Spent convictions scheme
- 76G Registration may be subject to conditions
- 76H When registration of a person ceases
- 76J Cancellation of registration
- 76K Suspension of registration
- 76L Renewal of registration
- 76M Removal of entries from the Digital Currency Exchange Register
- 76N AML/CTF Rules--general provision
- 76P Registered persons to advise of material changes in circumstance etc.
- 76Q AUSTRAC CEO may request further information
- 76R Immunity from suit
- 76S Steps to be taken by AUSTRAC CEO before making certain reviewable decisions
Division 4--Basis of registration
- 76T Basis of registration
PART 7--ANTI---MONEY LAUNDERING AND COUNTER-TERRORISM FINANCING PROGRAMS
Division 1--Introduction
- 80 Simplified outline
Division 2--Reporting entity's obligations
- 81 Reporting entity must have an anti - money laundering and counter - terrorism financing program
- 82 Compliance with Part A of an anti - money laundering and counter - terrorism financing program
Division 3--Anti-money laundering and counter-terrorism financing programs
- 83 Anti - money laundering and counter - terrorism financing programs
- 84 Standard anti - money laundering and counter - terrorism financing program
- 85 Joint anti - money laundering and counter - terrorism financing program
- 86 Special anti - money laundering and counter - terrorism financing program
- 87 Revocation of adoption of anti - money laundering and counter - terrorism financing program
- 88 Different applicable customer identification procedures
- 89 Applicable customer identification procedures--agent of customer
- 90 Applicable customer identification procedures--customers other than individuals
- 91 Applicable customer identification procedures--disclosure certificates
Division 4--Other provisions
PART 8--CORRESPONDENT--BANKING
- 94 Simplified outline of this Part
- 95 Prohibitions on correspondent banking relationships involving shell banks
- 96 Due diligence assessments and records of correspondent banking relationships
- 100 Geographical links
PART 9--COUNTERMEASURES
PART 10--RECORD---KEEPING REQUIREMENTS
Division 1--Introduction
Division 2--Records of transactions etc.
- 106 Records of designated services
- 107 Transaction records to be retained
- 108 Customer - provided transaction documents to be retained
- 109 Records relating to transferred ADI accounts
- 110 Retention of records relating to closed ADI accounts
Division 3--Records in connection with the carrying out of identification procedures
- 111 Copying documents obtained in the course of carrying out an applicable custom identification procedure
- 112 Making of records of identification procedures
- 113 Retention of records of identification procedures
- 114 Retention of information if identification procedures taken to have been carried out by a reporting entity
- 114A Retention of records of assessments of agreements or arrangements covered by section 37A
Division 4--Records about electronic funds transfer instructions
- 115 Retention of records about electronic funds transfer instructions
Division 5--Records about anti-money laundering and counter-terrorism financing programs
- 116 Records about anti - money laundering and counter - terrorism financing programs
Division 6--Records about correspondent banking relationships
- 117 Retention of records about correspondent banking relationships
Division 7--General provisions
PART 11--SECRECY--AND ACCESS
Division 1--Introduction
- 120 Simplified outline of this Part
Division 2--AUSTRAC entrusted persons
Division 3--Protection of information given under Part 3
Division 4--Access to AUSTRAC information by Commonwealth, State or Territory agencies
Division 5--Disclosure of AUSTRAC information to foreign countries or agencies
Division 6--Unauthorised accessing of or use or disclosure of AUSTRAC information
- 128 Unauthorised accessing of AUSTRAC information
- 129 Use or disclosure of AUSTRAC information disclosed in contravention of this Part
Division 7--Use of AUSTRAC information in court or tribunal proceedings
PART 12--OFFENCES
- 135 Simplified outline
- 136 False or misleading information
- 137 Producing false or misleading documents
- 138 False documents
- 139 Providing a designated service using a false customer name or customer anonymity
- 140 Receiving a designated service using a false customer name or customer anonymity
- 141 Customer commonly known by 2 or more different names--disclosure to reporting entity
- 142 Conducting transactions so as to avoid reporting requirements relating to threshold transactions
- 143 Conducting transfers to avoid reporting requirements relating to cross - border movements of monetary instruments
PART 13--AUDIT
Division 1--Introduction
- 144 Simplified outline
Division 2--Appointment of authorised officers and issue of identity cards
- 145 Appointment of authorised officers
- 146 Identity cards
Division 3--Powers of authorised officers
Subdivision A--Monitoring powers- 147 Authorised officer may enter premises by consent or under a monitoring warrant
- 148 Monitoring powers of authorised officers
- 149 Tampering or interfering with things secured in the exercise of monitoring powers Subdivision B--Powers of authorised officers to ask questions and seek production of documents
- 150 Authorised officer may ask questions and seek production of documents
Division 4--Obligations and incidental powers of authorised officers
- 151 Authorised officer must produce identity card on request
- 152 Consent
- 153 Announcement before entry
- 154 Details of monitoring warrant to be given to occupier etc. before entry
- 155 Use of electronic equipment in exercising monitoring powers
- 156 Compensation for damage to electronic equipment
Division 5--Occupier's rights and responsibilities
- 157 Occupier entitled to be present during execution of monitoring warrant
- 158 Occupier to provide authorised officer with facilities and assistance
Division 6--Monitoring warrants
- 159 Monitoring warrants
- 160 Magistrates--personal capacity
Division 7--External audits
- 161 External audits--risk management etc.
- 162 External audits--compliance
- 163 External auditor may have regard to the results of previous audit
- 164 External auditors
Division 8--Money laundering and terrorism financing risk assessments
PART 14--INFORMATION---GATHERING POWERS
- 166 Simplified outline
- 167 Authorised officer may obtain information and documents
- 168 Copying documents--reasonable compensation
- 169 Self - incrimination
- 170 Copies of documents
- 171 Authorised officer may retain documents
- 172 Division 400 and Chapter 5 of the Criminal Code
PART 15--ENFORCEMENT
Division 1--Introduction
- 173 Simplified outline
Division 2--Civil penalties
- 174 Ancillary contravention of civil penalty provision
- 175 Civil penalty orders
- 176 Who may apply for a civil penalty order
- 177 2 or more proceedings may be heard together
- 178 Time limit for application for an order
- 179 Civil evidence and procedure rules for civil penalty orders
- 180 Civil proceedings after criminal proceedings
- 181 Criminal proceedings during civil proceedings
- 182 Criminal proceedings after civil proceedings
- 183 Evidence given in proceedings for penalty not admissible in criminal proceedings
Division 3--Infringement notices for certain contraventions
- 184 When an infringement notice can be given
- 185 Matters to be included in an infringement notice
- 186A Amount of penalty--breaches of certain provisions of Part 3A, 4, 6 or 6A
- 186B Amount of penalty--breaches of designated infringement notice provisions
- 187 Withdrawal of an infringement notice
- 188 What happens if the penalty is paid
- 189 Effect of this Division on criminal and civil proceedings
Division 4--Monitoring of compliance
- 190 Monitoring of compliance
Division 5--Remedial directions
- 191 Remedial directions
Division 6--Injunctions
- 192 Injunctions
- 193 Interim injunctions
- 194 Discharge etc. of injunctions
- 195 Certain limits on granting injunctions not to apply
- 196 Other powers of the Federal Court unaffected
Division 7--Enforceable undertakings
Division 8--Powers of questioning, search and arrest for cross-border movements of monetary instruments
- 199 Questioning and search powers in relation to monetary instruments
- 201 Arrest without warrant
Division 9--Notices to reporting entities
- 202 Notices to reporting entities
- 203 Contents of notices to reporting entities
- 204 Breaching a notice requirement
- 205 Self - incrimination
- 206 Division 400 and Chapter 5 of the Criminal Code
- 207 Disclosing existence or nature of notice
PART 16--ADMINISTRATION
Division 1--Introduction
- 208 Simplified outline
Division 2--Establishment and function of AUSTRAC
Division 3--Chief Executive Officer of AUSTRAC
Subdivision A--Office and functions of the AUSTRAC CEO- 211 AUSTRAC CEO
- 212 Functions of the AUSTRAC CEO
- 213 Policy principles Subdivision B--Appointment of the AUSTRAC CEO etc.
- 214 Appointment of the AUSTRAC CEO etc.
- 215 Remuneration and allowances of the AUSTRAC CEO
- 216 Leave of absence of the AUSTRAC CEO
- 217 Resignation of the AUSTRAC CEO
- 219 Termination of the AUSTRAC CEO's appointment
- 220 Other terms and conditions
- 221 Acting appointments
- 222 Delegation by the AUSTRAC CEO
- 223 Secretary may require the AUSTRAC CEO to give information
Division 4--Staff of AUSTRAC etc.
Division 6--Directions by Minister
- 228 Directions by Minister
Division 6A--AUSTRAC CEO may use computers to take administrative action
- 228A AUSTRAC CEO may use computers to take administrative action
Division 7--AML/CTF Rules
- 229 AML/CTF Rules
PART 17--VICARIOUS--LIABILITY
- 230 Simplified outline
- 231 Criminal liability of corporations
- 232 Civil liability of corporations
- 233 Liability of persons other than corporations
PART 17A--REVIEW--OF DECISIONS
- 233A Simplified outline
- 233B Reviewable decisions
- 233C Giving notice of reviewable decisions
- 233D Applications for reconsideration of decisions made by delegates of the AUSTRAC CEO
- 233E Reconsideration of reviewable decisions
- 233F Review by the Administrative Appeals Tribunal
- 233G Failure to comply does not affect validity
PART 18--MISCELLANEOUS
- 234 Simplified outline
- 235 Protection from liability
- 236 Defence of taking reasonable precautions, and exercising due diligence, to avoid a contravention
- 237 Treatment of partnerships
- 238 Treatment of unincorporated associations
- 239 Treatment of trusts with multiple trustees
- 240 Concurrent operation of State and Territory laws
- 241 Act not to limit other powers
- 242 Law relating to legal professional privilege not affected
- 243 Validity of transactions
- 244 Reports to the AUSTRAC CEO etc.
- 245 Arrangements with Governors of States etc.
- 246 This Act does not limit other information - gathering powers
- 247 General exemptions
- 248 Exemptions and modifications by the AUSTRAC CEO
- 249 Specification by class
- 250 Schedule 1 (alternative constitutional basis)
- 251 Review of operation of Act
- 252 Regulations