Document ID: chunk:federal_register_of_legislation:C2025C00044:section:191
Version: federal_register_of_legislation:C2025C00044
Segment Type: section
Provision Reference: s 191
Character Range: 433453–435556

191  Remedial directions
 (1) This section applies if the AUSTRAC CEO is satisfied that a reporting entity has contravened, or is contravening, a civil penalty provision (other than subsection (4)).
 (2) The AUSTRAC CEO may give the reporting entity a written direction requiring the reporting entity to do one or both of the following:
 (a) to take specified action directed towards ensuring that the reporting entity does not contravene the civil penalty provision, or is unlikely to contravene the civil penalty provision, in the future;
 (b) in the case of a contravention of subsection 43(2), 45(2) or 47(2)—to take specified action to remedy the contravention by giving the relevant report to the AUSTRAC CEO within a period specified in the direction.
 (3) The following are examples of the kinds of direction that may be given to a reporting entity under paragraph (2)(a):
 (a) a direction that the reporting entity implement effective administrative systems for monitoring compliance with a civil penalty provision;
 (b) a direction that the reporting entity implement a system designed to give the reporting entity's officers, employees and agents a reasonable knowledge and understanding of the requirements of a civil penalty provision, in so far as those requirements affect the officers, employees or agents concerned.
 (3A) The AUSTRAC CEO:
 (a) must not act under paragraph (2)(b) if it appears to the AUSTRAC CEO that the contravention occurred more than 24 months before the day on which a direction would be issued; and
 (b) must not act under paragraph (2)(b) unless the AUSTRAC CEO has:
 (i) assessed the risks that have arisen in view of the contravention; and
 (ii) determined that giving a direction under that paragraph is an appropriate and proportionate response in the circumstances.
 (4) A reporting entity must not contravene a direction under subsection (2).

Civil penalty
 (5) Subsection (4) is a civil penalty provision.

Remedial direction is not a legislative instrument
 (6) A direction under subsection (2) is not a legislative instrument.

Division 6—Injunctions