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ANTI-MONEY LAUNDERING AND COUNTER-TERRORISM FINANCING ACT 2006 - SECT 6 Designated services

ANTI-MONEY LAUNDERING AND COUNTER-TERRORISM FINANCING ACT 2006 - SECT 6

Designated services

  (1)   For the purposes of this Act, the following tables define:

  (a)   the provision of a designated service ; and

  (b)   the person (the customer ) to whom the designated service is provided.

Table 1--Financial services

  (2)   Table 1 is as follows:

 

Table 1--Financial services

Item

Provision of a designated service

Customer of the designated service

1

in the capacity of account provider, opening an account, where the account provider is:

(a) an ADI; or

(b) a bank; or

(c) a building society; or

(d) a credit union; or

(e) a person specified in the AML/CTF Rules

the holder of the account

2

in the capacity of account provider for a new or existing account, allowing a person to become a signatory to the account, where the account provider is:

(a) an ADI; or

(b) a bank; or

(c) a building society; or

(d) a credit union; or

(e) a person specified in the AML/CTF Rules

the signatory

3

in the capacity of account provider for an account, allowing a transaction to be conducted in relation to the account, where the account provider is:

(a) an ADI; or

(b) a bank; or

(c) a building society; or

(d) a credit union; or

(e) a person specified in the AML/CTF Rules

both:

(a) the holder of the account; and

(b) each other signatory to the account

4

accepting money on deposit (otherwise than by way of deposit to an account), where the deposit - taker is:

(a) an ADI; or

(b) a bank; or

(c) a building society; or

(d) a credit union; or

(e) a person specified in the AML/CTF Rules

the person in whose name the deposit is held

5

in the capacity of deposit - taker for a deposit, allowing a transaction to be conducted in relation to the deposit, where the deposit - taker is:

(a) an ADI; or

(b) a bank; or

(c) a building society; or

(d) a credit union; or

(e) a person specified in the AML/CTF Rules

the person in whose name the deposit is held

6

making a loan, where the loan is made in the course of carrying on a loans business

the borrower

7

in the capacity of:

(a) lender for a loan; or

(b) assignee (whether immediate or otherwise) of the lender for a loan;

allowing the borrower to conduct a transaction in relation to the loan, where the loan was made in the course of carrying on a loans business

the borrower

8

factoring a receivable, where the receivable is factored in the course of carrying on a factoring business

the person whose receivable is factored

9

forfaiting:

(a) a bill of exchange; or

(b) a promissory note;

where the bill or note is forfaited in the course of carrying on a forfaiting business

the person whose bill or note is forfaited

10

supplying goods by way of lease under a finance lease, where:

(a) the goods are not acquired by a consumer (within the meaning of section   4B of the Competition and Consumer Act 2010 ); and

(b) the supply is in the course of carrying on a finance leasing business

the lessee

11

in the capacity of lessor under a finance lease, allowing the lessee to conduct a transaction in relation to the lease, where:

(a) the goods were not acquired by a consumer (within the meaning of section   4B of the Competition and Consumer Act 2010 ); and

(b) the supply was in the course of carrying on a finance leasing business

the lessee

12

supplying goods to a person by way of hire - purchase, where:

(a) the goods are not acquired by a consumer (within the meaning of section   4B of the Competition and Consumer Act 2010 ); and

(b) the supply is in the course of carrying on a business of supplying goods

the person

13

in the capacity of supplier of goods to a person by way of hire - purchase, allowing the person to conduct a transaction in relation to the hire - purchase agreement concerned, where:

(a) the goods were not acquired by a consumer (within the meaning of section   4B of the Competition and Consumer Act 2010 ); and

(b) the supply was in the course of carrying on a business of supplying goods

the person

14

in the capacity of account provider for an account, providing a chequebook, or a similar facility, that enables the holder of the account to draw a cheque on the account

the holder of the account

15

in the capacity of building society or credit union, providing a chequebook, or a similar facility, that enables the holder of an account with the building society or credit union to draw a cheque on an account held by the building society or credit union

the holder of the account with the building society or credit union

16

in the capacity of trustee or manager of a trust, providing a chequebook, or a similar facility, that enables the holder of a beneficial interest in the trust to draw a cheque on an account held by the trustee or manager of the trust

the holder of the beneficial interest in the trust

17

issuing:

(a) a bill of exchange; or

(b) a promissory note; or

(c) a letter of credit;

to a person, where the bill, note or letter is issued by:

(d) an ADI; or

(e) a bank; or

(f) a building society; or

(g) a credit union; or

(h) a person specified in the AML/CTF Rules

the person

18

issuing a debit card that enables the holder of an account to debit the account, where the account provider is:

(a) an ADI; or

(b) a bank; or

(c) a building society; or

(d) a credit union; or

(e) a person specified in the AML/CTF Rules

the holder of the account

18A

issuing a debit card that enables a signatory to an account (other than the holder of the account) to debit the account, where the account provider is:

(a) an ADI; or

(b) a bank; or

(c) a building society; or

(d) a credit union; or

(e) a person specified in the AML/CTF Rules

the signatory

19

in the capacity of building society or credit union, issuing a debit card that enables the holder of an account with the building society or credit union to debit an account held by the building society or credit union, where the account provider of the last - mentioned account is:

(a) an ADI; or

(b) a bank; or

(c) a person specified in the AML/CTF Rules

the holder of the account with building society or credit union

19A

in the capacity of building society or credit union, issuing a debit card that enables a signatory to an account with the building society or credit union (other than the holder of the account with the building society or credit union) to debit an account held by the building society or credit union, where the account provider of the last - mentioned account is:

(a) an ADI; or

(b) a bank; or

(c) a person specified in the AML/CTF Rules

the signatory

20

in the capacity of trustee or manager of a trust, issuing a debit card that enables the holder of a beneficial interest in the trust to debit an account held by the trustee or manager of the trust, where the account provider is:

(a) an ADI; or

(b) a bank; or

(c) a building society; or

(d) a credit union; or

(e) a person specified in the AML/CTF Rules

the h older of the beneficial interest in the trust

20A

in the capacity of trustee or manager of a trust, issuing a debit card that enables a signatory authorised by the holder of a beneficial interest in the trust to debit an account held by the trustee or manager of the trust, where the account provider is:

(a) an ADI; or

(b) a bank; or

(c) a building society; or

(d) a credit union; or

(e) a person specified in the AML/CTF Rules

the signatory

21

issuing a stored value card to a person, where:

(a) the whole or a part of the monetary value stored in connection with the card may be withdrawn in cash; and

(b) the monetary value stored in connection with the card is not less than:

(i) $1,000; or

(ii) if another amount is specified in the regulations--that other amount

the person

22

increasing the monetary value stored in connection with a stored value card held by a person, where:

(a) the whole or a part of the monetary value stored in connection with the card may be withdrawn in cash; and

(b) the increased monetary value is not less than:

(i) $1,000; or

(ii) if another amount is specified in the regulations--that other amount

the person

23

issuing a stored value card to a person, where:

(a) no part of the monetary value stored in connection with the card may be withdrawn in cash; and

(b) the monetary value stored in connection with the card is not less than:

(i) $5,000; or

(ii) if another amount is specified in the regulations--that other amount

the person

24

increasing the monetary value stored in connection with a stored value card held by a person, where:

(a) no part of the monetary value stored in connection with the card may be withdrawn in cash; and

(b) the increased monetary value is not less than:

(i) $5,000; or

(ii) if another amount is specified in the regulations--that other amount

the person

25

issuing a traveller's cheque to a person

the person

26

in the capacity of issuer of a traveller's cheque, cashing or redeeming a traveller's cheque held by a person

the person

27

issuing a money order, postal order or similar order to a person, where the face value of the order is not less than:

(a) $1,000; or

(b) if another amount is specified in the regulations--that other amount

the person

28

in the capacity of issuer of a money order, postal order or similar order, cashing or redeeming a money order, postal order or similar order held by a person, where the face value of the order is not less than:

(a) $1,000; or

(b) if another amount is specified in the regulations--that other amount

the person

29

in the capacity of ordering institution, accepting an electronic funds transfer instruction from the payer

the payer

30

in the capacity of beneficiary institution, making money available to the payee as a result of an electronic funds transfer instruction

the payee

31

in the capacity of a non - financier carrying on a business of giving effect to remittance arrangements, accepting an instruction from a transferor entity for the transfer of money or property under a designated remittance arrangement

the transferor entity

32

in the capacity of a non - financier carrying on a business of giving effect to remittance arrangements, making money or property available, or arranging for it to be made available, to an ultimate transferee entity as a result of a transfer under a designated remittance arrangement

the ultimate transferee entity

32A

operating a network of persons by providing a platform or operating system (however described), where:

(a) the persons in the network provide a designated service referred to in item   31 or 32 by means of the platform or operating system; and

(b) the operator is a non - financier.

the person who provides designated services as part of the network

33

in the capacity of agent of a person, acquiring or disposing of:

(a) a security; or

(b) a derivative; or

(ba) an Australian carbon credit unit; or

(bb) an eligible international emissions unit; or

(c) a foreign exchange contract;

on behalf of the person, where:

(d) the acquisition or disposal is in the course of carrying on a business of acquiring or disposing of securities, derivatives, Australian carbon credit units, eligible international emissions units or foreign exchange contracts in the capacity of agent; and

(e) the service is not specified in the AML/CTF Rules

the person

34

in the capacity of agent of a person, acquiring or disposing of:

(a) a bill of exchange; or

(b) a promissory note; or

(c) a letter of credit;

on behalf of the person, where:

(d) the acquisition or disposal is in the course of carrying on a business of acquiring or disposing of bills of exchange, promissory notes or letters of credit in the capacity of agent; and

(e) the service is not specified in the AML/CTF Rules

the person

35

issuing or selling a security or derivative to a person, where:

(a) the issue or sale is in the course of carrying on a business of issuing or selling securities or derivatives; and

(b) in the case of an issue of a security or derivative--the issue does not consist of the issue by a company of either of the following:

(i) a security of the company (other than an interest in a managed investment scheme); or

(ii) an option to acquire a security of the company (other than an option to acquire an interest in a managed investment scheme); and

(ba) in the case of an issue of a security or derivative--the issue does not consist of the issue by a government body of a security of the government body or of an option to acquire a security of the government body; and

(c) in the case of an issue of a security or derivative--the issue is not an exempt financial market operator issue; and

(d) such other conditions (if any) as are set out in the AML/CTF Rules are satisfied

the person

36

in the capacity of issuer of a bearer bond, redeeming a bearer bond

the person to whom the proceeds of the redemption are paid

37

issuing, or undertaking liability as the insurer under, a life policy or sinking fund policy

the holder of the policy

38

in the capacity of insurer for a life policy or sinking fund policy, accepting a premium in relation to the policy

the holder of the policy

39

in the capacity of insurer for a life policy or sinking fund policy, making a payment to a person under the policy

the person

40

in the capacity of provider of a pension or annuity, accepting payment of the purchase price for a new pension or annuity, where:

(a) the provider is not a self managed superannuation fund; or

(b) the pension or annuity is provided in the course of carrying on a business of providing pensions or annuities

the person to whom the pension or annuity is to be paid

41

in the capacity of provider of a pension or annuity, making a payment to a person by way of:

(a) a payment of the pension or annuity; or

(b) an amount resulting from the commutation, in whole or in part, of the pension or annuity; or

(c) the residual capital value of the pension or annuity;

where the provider is not a self managed superannuation fund

the person

42

in the capacity of trustee of:

(a) a superannuation fund (other than a self managed superannuation fund); or

(b) an approved deposit fund;

accepting a contribution, roll - over or transfer in respect of a new or existing member of the fund

the member

43

in the capacity of trustee of:

(a) a superannuation fund (other than a self managed superannuation fund); or

(b) an approved deposit fund;

cashing the whole or a part of an interest held by a member of the fund

the member, or if the member has died, the person, or each of the persons, who receives the cashed whole or a cashed part of the relevant interest

44

in the capacity of RSA provider, accepting a contribution, roll - over or transfer to an RSA in respect of a new or existing RSA holder

the RSA holder

45

in the capacity of RSA provider, cashing the whole or a part of an interest held by an RSA holder

the RSA holder, or if the RSA holder has died, the person, or each of the persons, who receives the cashed whole or a cashed part of the relevant interest

46

providing a custodial or depository service, where:

(a) the service is provided in the course of carrying on a business of providing custodial or depository services; and

(b) the service is not an exempt legal practitioner service

the client of the service

47

providing a safe deposit box, or similar facility, where:

(a) the service is provided in the course of carrying on a business of providing safe deposit boxes or similar facilities; and

(b) the service is not an exempt legal practitioner service

the person who is, or each of the persons who are, authorised to lodge items in the safe deposit box or similar facility

48

guaranteeing a loan, where the guarantee is given in the course of carrying on a business of guaranteeing loans

both:

(a) the lender; and

(b) the borrower

49

in the capacity of guarantor of a loan, making a payment to the lender, where the guarantee was given in the course of carrying on a business of guaranteeing loans

both:

(a) the lender; and

(b) the borrower

50

exchanging one currency (whether Australian or not) for another (whether Australian or not), where the exchange is provided in the course of carrying on a currency exchange business

the person whose currency is exchanged

50A

exchanging digital currency for money (whether Australian or not) or exchanging money (whether Australian or not) for digital currency, where the exchange is provided in the course of carrying on a digital currency exchange business

the person whose digital currency or money is exchanged

52

preparing a pay - roll, on behalf of a person, in whole or in part from physical currency collected, where the service is provided in the course of carrying on a business of preparing pay - rolls

the person

54

in the capacity of holder of an Australian financial services licence, making arrangements for a person to receive a designated service (other than a service covered by this item)

the person

Note 1:   For specification by class, see subsection   13(3) of the Legislation Act 2003 .

Note 2:   For the purposes of item   35 of the table, a notified foreign passport fund is a managed investment scheme, see the definition of managed investment scheme in section   5.

Table 2--Bullion

  (3)   Table 2 is as follows:

 

Table 2--Bullion

Item

Provision of a designated service

Customer of the designated service

1

buying bullion, where the buying is in the course of carrying on a bullion - dealing business

the person from whom the bullion is bought

2

selling bullion, where the selling is in the course of carrying on a bullion - dealing business

the person to whom the bullion is sold

Table 3--Gambling services

  (4)   Table 3 is as follows:

 

Table 3--Gambling services

Item

Provision of a designated service

Customer of the designated service

1

receiving or accepting a bet placed or made by a person, where the service is provided in the course of carrying on a gambling business

the person

2

placing or making a bet on behalf of a person, where the service is provided in the course of carrying on a gambling business

the person

3

introducing a person who wishes to make or place a bet to another person who is willing to receive or accept the bet, where the service is provided in the course of carrying on a gambling business

both:

(a) the person who wishes to make or place the bet; and

(b) the person who is willing to receive or accept the bet

4

paying out winnings in respect of a bet, where the service is provided in the course of carrying on a gambling business

the person to whom the winnings are paid

5

in the capacity of controller of an eligible gaming machine venue, allowing a person to play a game on a gaming machine located at the venue, where the service is provided in the course of carrying on a business

the person

6

accepting the entry of a person into a game, where:

(a) the game is played for money or anything else of value; and

(b) the game is a game of chance or of mixed chance and skill; and

(c) the service is provided in the course of carrying on a gambling business; and

(d) the game is not played on a gaming machine located at an eligible gaming machine venue

the person

7

exchanging money or digital currency for gaming chips or tokens, or betting instruments, where the service is provided in the course of carrying on a business

the person whose money or digital currency is exchanged

8

exchanging gaming chips or tokens, or betting instruments, for money or digital currency, where the service is provided in the course of carrying on a business

the person whose gaming chips or tokens, or betting instruments, are exchanged

9

paying out winnings, or awarding a prize, in respect of a game, where:

(a) the game is played for money or anything else of value; and

(b) the game is a game of chance or of mixed chance and skill; and

(c) the service is provided in the course of carrying on a gambling business; and

(d) the game is not played on a gaming machine located at an eligible gaming machine venue

the person to whom the winnings are paid or the prize is awarded

10

in the capacity of controller of an eligible gaming machine venue, paying out winnings, or awarding a prize, in respect of a game, where:

(a) the game is played on a gaming machine located at the venue; and

(b) the winnings are paid out, or the prize is awarded, by the controller as agent of the owner or lessee of the gaming machine; and

(c) the service is provided in the course of carrying on a business

the person to whom the winnings are paid or the prize is awarded

11

in the capacity of account provider, opening an account, where:

(a) the account provider is a person who provides a service covered by item   1, 2, 3, 4, 6, 7, 8 or 9; and

(b) the purpose, or one of the purposes, of the account is to facilitate the provision of a service covered by item   1, 2, 3, 4, 6, 7, 8 or 9; and

(c) the service is provided in the course of carrying on a gambling business

the holder of the account

12

in the capacity of account provider for a new or existing account, allowing a person to become a signatory to the account, where:

(a) the account provider is a person who provides a service covered by item   1, 2, 3, 4, 6, 7, 8 or 9; and

(b) the purpose, or one of the purposes, of the account is to facilitate the provision of a service covered by item   1, 2, 3, 4, 6, 7, 8 or 9; and

(c) the service is provided in the course of carrying on a gambling business

the signatory

13

in the capacity of account provider for an account, allowing a transaction to be conducted in relation to the account, where:

(a) the account provider is a person who provides a service covered by item   1, 2, 3, 4, 6, 7, 8 or 9; and

(b) the purpose, or one of the purposes, of the account is to facilitate the provision of a service covered by item   1, 2, 3, 4, 6, 7, 8 or 9; and

(c) the service is provided in the course of carrying on a gambling business

both:

(a) the holder of the account; and

(b) each other signatory to the account

14

exchanging one currency (whether Australian or not) for another (whether Australian or not), where:

(a) the exchange is provided by a person who provides a service covered by item   1, 2, 3, 4, 6, 7, 8 or 9; and

(b) the service is provided in the course of carrying on a business

the person whose currency is exchanged

Table 4--Prescribed services

  (5)   Table 4 is as follows:

 

Table 4--Prescribed services

Item

Provision of a designated service

Customer of the designated service

1

providing a service specified in the regulations

the person who, under the regulations, is taken to be the person to whom the service is provided

Geographical link

  (6)   An item of a table in this section, other than item   32A of table 1, does not apply to the provision by a person of a service to a customer unless:

  (a)   the service is provided at or through a permanent establishment of the person in Australia; or

  (b)   both of the following subparagraphs apply:

  (i)   the person is a resident of Australia;

  (ii)   the service is provided at or through a permanent establishment of the person in a foreign country; or

  (c)   both of the following subparagraphs apply:

  (i)   the person is a subsidiary of a company that is a resident of Australia;

  (ii)   the service is provided at or through a permanent establishment of the person in a foreign country.

Note:   For resident , see section   14.

Amendment of items

  (7)   The regulations may amend an item of a table in this section.