Document ID: chunk:federal_register_of_legislation:C2025C00044:section:76a:p1
Version: federal_register_of_legislation:C2025C00044
Segment Type: section
Provision Reference: s 76A (pt 1/2)
Character Range: 258618–261330

76A  Unregistered persons must not provide certain digital currency exchange services

Registrable digital currency exchange services
 (1) A person (the first person) must not provide a registrable digital currency exchange service to another person if the first person is not a registered digital currency exchange provider.

Breach of conditions
 (2) A person must not breach a condition to which the registration of the person as a digital currency exchange provider is subject.

Offences
 (3) A person commits an offence if:
 (a) the person is subject to a requirement under subsection (1) or (2); and
 (b) the person engages in conduct; and
 (c) the person's conduct breaches the requirement.
Penalty: Imprisonment for 2 years or 500 penalty units, or both.
 (4) Strict liability applies to paragraphs (3)(b) and (c).
Note: For strict liability, see section 6.1 of the Criminal Code.
 (5) A person commits an offence if:
 (a) the person is subject to a requirement under subsection (1) or (2); and
 (b) the person engages in conduct; and
 (c) the person's conduct breaches the requirement; and
 (d) the AUSTRAC CEO previously:
 (i) gave the person a direction under subsection 191(2) in relation to subsection (1) or (2) of this section; or
 (ii) accepted an undertaking given by the person under section 197 in relation to subsection (1) or (2) of this section; and
 (e) that was the only occasion on which the AUSTRAC CEO previously gave such a direction to, or accepted such an undertaking from, the person.
Penalty: Imprisonment for 4 years or 1,000 penalty units, or both.
 (6) Strict liability applies to paragraphs (5)(b) and (c).
Note: For strict liability, see section 6.1 of the Criminal Code.
 (7) A person commits an offence if:
 (a) the person is subject to a requirement under subsection (1) or (2); and
 (b) the person engages in conduct; and
 (c) the person's conduct breaches the requirement; and
 (d) the AUSTRAC CEO previously:
 (i) gave the person a direction under subsection 191(2) in relation to subsection (1) or (2) of this section; or
 (ii) accepted an undertaking given by the person under section 197 in relation to subsection (1) or (2) of this section; and
 (e) that was not the only occasion on which the AUSTRAC CEO previously gave such a direction to, or accepted such an undertaking from, the person.
Penalty: Imprisonment for 7 years or 2,000 penalty units, or both.
 (8) Strict liability applies to paragraphs (7)(b) and (c).
Note: For strict liability, see section 6.1 of the Criminal Code.
 (9) A person commits an offence if:
 (a) the person is subject to a requirement under subsection (1) or (2); and
 (b) the person engages in conduct; and
 (c) the person's conduct