Document ID: chunk:federal_register_of_legislation:F2024C01198:body:0:p163
Version: federal_register_of_legislation:F2024C01198
Segment Type: other
Provision Reference: 
Character Range: 452917–455800

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 made under the AML/CTF Act;

         (c) has been the subject of civil or criminal proceedings or enforcement action, in relation to the management of an entity, or commercial or professional activities, which were determined adversely to the person or any of its key personnel (including by the person or any of its key personnel consenting to an order or direction, or giving an undertaking, not to engage in unlawful or improper conduct) and which reflected adversely on the person's competence, diligence, judgement, honesty or integrity;

    and if so, the details of each instance as the case may be, for the person and each of its key personnel;

    Note: The above does not affect the operation of Part VIIC of the Crimes Act 1914, which means that certain convictions which are spent convictions are not required to be disclosed under these AML/CTF Rules.

    2. If the person is a registered remittance affiliate, the original or a certified copy (as applicable) of the report of the most recent due diligence assessment that has been carried out on the person, by the registered remittance network provider who applied for registration of the person, to determine the suitability of the person to be a remittance affiliate of the registered remittance network provider.

    3. Whether the following were not true and correct, or were materially misleading (whether by inclusion or omission), at the time the information or advice was provided:

         (a) the information provided in any application for registration made under subsection 75B(1) or (2) of the AML/CTF Act;

         (b) the information provided in any application for the renewal of registration made for the purposes of section 75J of the AML/CTF Act;

         Note: Chapter 70 of the AML/CTF Rules specifies the requirements for making an application for the renewal of registration on the Remittance Sector Register.

         (c) any advice to the AUSTRAC CEO given under paragraph 75M(1)(d) of the AML/CTF Act of any change in circumstances that could materially affect the person's registration;

         (d) any advice to the AUSTRAC CEO given under the AML/CTF Rules made for the purposes of paragraph 75M(1)(e) of the AML/CTF Act;

         (e) any advice to the AUSTRAC CEO given under subsection 75M(3) of the AML/CTF Act by a registered remittance network provider of changes notified to it by a registered remittance affiliate under subsection 75M(2) of the AML/CTF Act.

    Note: Chapter 60 of these AML/CTF Rules sets out the requirements for advising the AUSTRAC CEO of material changes of circumstances