Document ID: chunk:federal_register_of_legislation:F2024C01198:body:0:p146
Version: federal_register_of_legislation:F2024C01198
Segment Type: other
Provision Reference: 
Character Range: 407462–410400

a remittance affiliate of a registered network provider must be made by an authorised individual on behalf of the applicant and:

         (1) contain the information set out in Part A of Schedule 3 to this Chapter; and

         (2) obtain and retain the information set out in Part B of Schedule 3 to this Chapter; and

         (3) include a declaration made by the authorised individual that each of the key personnel of the applicant has been subject to the employee due diligence program of the applicant; and

         (4) include a declaration made by the authorised individual that the information provided in the application is true, accurate and complete.

    56.6 A reference in this Chapter to a person or key personnel of a person who have been convicted of an offence includes a reference to a person in respect of whom an order has been made under section 19B of the Crimes Act 1914, or under a corresponding provision of a law of a State, a Territory or a foreign country, in relation to the offence.

    56.7 To avoid doubt, these AML/CTF Rules do not affect the operation of Part VIIC of the Crimes Act 1914, including the application of Part VIIC to disclosable convictions.

    Note: This means that certain convictions which are spent convictions are not required to be disclosed under these AML/CTF Rules.

     1.           In this Chapter:

          (1) 'accredited agency' means an agency approved by the Australian Crime Commission to access the National Police Checking Service;

     Note: In 2016, the list of accredited agencies as specified by the Australian Crime Commission was available on the Australian Crime Commission website (www.acic.gov.au).

         (2) 'associated entity' has the meaning given by section 50AAA of the Corporations Act 2001;

         (3) 'Australian Police Force' means ACT Policing, the Australian Federal Police, the New South Wales Police Service, the Northern Territory Police, the Queensland Police Service, the Victoria Police, the South Australia Police, the Tasmania Police Service and the Western Australia Police;

         (4) 'authorised individual' means a natural person who is:

              (a) a beneficial owner; or

              (b) an officer as defined in section 9 of the Corporations Act 2001 or;

              (c) is an employee of the applicant who has been authorised in writing by an applicant to act in this capacity;

         (5) 'beneficial owner' has the same meaning as in Chapter 1 of these AML/CTF Rules;

         (6) 'body' has the same meaning as in the Corporations Act 2001;

         (7) 'company' has the same meaning as in the Corporations Act 2001;

         (8) 'control' has the meaning given by section 50AA of the Corporations Act 2001;

         (9) 'Australian Crime Commission' means the agency which, in addition to its other functions, provides systems and services relating to national policing