Document ID: chunk:federal_register_of_legislation:F2024C01198:body:0:p162
Version: federal_register_of_legislation:F2024C01198
Segment Type: other
Provision Reference: 
Character Range: 450312–453180

or

                  (ii)  an officer as defined in section 9 of the Corporations Act 2001, or an employee or agent of the body corporate with duties of such responsibility that his or her conduct may fairly be assumed to represent the body corporate's policy;

              (b) in the case of an individual, trust or partnership, is a natural person that is an employee or agent of the individual, trust or partnership with duties of such responsibility that his or her conduct may fairly be assumed to represent the policy of the individual, trust or partnership;

         (5) 'people smuggling' means conduct that amounts to:

         (a) an offence against Division 73 of the Criminal Code; or

              (b) an offence against Subdivision A, Division 12, Part 2 of the Migration Act 1958; or

              (c) an offence against a law of a foreign country or of a part of a foreign country that corresponds:

                 (i) to an offence referred to in paragraph (a) or (b); or

                 (ii) with the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime;

         (6) 'person' has the same meaning as in the AML/CTF Act;

         (7) 'serious offence' means an offence which is:

              (a) an offence against a law of the Commonwealth, or a law of a State or Territory, punishable on indictment by imprisonment for life or 2 or more years, that may be dealt with as an indictable offence (even if it may, in some circumstances, be dealt with as a summary offence) regardless of whether the offence proceeds summarily or on indictment; or

              (b) an offence against a law of a foreign country constituted by conduct that, if it had occurred in Australia, would have constituted a serious offence.

         A 'serious offence' in relation to a person other than an individual means an offence which would have been a serious offence if the person had been an individual;

         (8) 'terrorism' means conduct that amounts to:

              (a) an offence against Division 101 or 102 of the Criminal Code; or

             (b) an offence against a law of a State or Territory that corresponds to an offence referred to in paragraph (a); or

             (c) an offence against a law of a foreign country or of a part of a foreign country that corresponds to an offence referred to in paragraph (a).

    Schedule

1. Whether the person or any of its key personnel:

         (a) has been charged, prosecuted and/or convicted in relation to money laundering, financing of terrorism, terrorism, people smuggling, fraud, a serious offence, an offence under the AML/CTF Act, or an offence under the Financial Transaction Reports Act 1988 (FTR Act);

         (b) has been subject to a civil penalty order