Document ID: chunk:federal_register_of_legislation:F2024C01198:body:0:p160
Version: federal_register_of_legislation:F2024C01198
Segment Type: other
Provision Reference: 
Character Range: 445078–447936

or property is to be transferred or is likely to be transferred by the applicant under a designated remittance arrangement.

Reporting entities should note that in relation to activities they undertake to comply with the AML/CTF Act, they will have obligations under the Privacy Act 1988, including the requirement to comply with the Australian Privacy Principles, even if they would otherwise be exempt from the Privacy Act. For further information about these obligations, please go to http://www.oaic.gov.au or call 1300 363 992.
CHAPTER 57 Matters to be considered by the AUSTRAC CEO in considering applications for registration

    57.1 These Anti-Money Laundering and Counter-Terrorism Financing Rules (Rules) are made under section 229 of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CTF Act) for the purposes of subsection 75C(2)(b) of that Act.

    57.2 In considering an application for registration of a person made under subsection 75B(1) or (2) of that Act, and without limiting the matters that the AUSTRAC CEO may have regard to in deciding whether the registration of the person would involve a significant level of money laundering, terrorism financing, people smuggling or other serious crime risk, the matters specified in paragraph 57.3 must be considered.

    57.3 For the purposes of paragraph 57.2, the matters specified are:

         (1) the information set out in Schedules 1, 2 or 3, as the case may be, of Chapter 56 to be contained in the application for registration;

         (2) the declarations required under the paragraphs 56.2, 56.3, 56.4 or 56.5, as the case may be, of Chapter 56 of the AML/CTF Rules;

         (3) offences of which the applicant for registration, a person proposed to be entered on the Remittance Sector Register as a remittance affiliate of the applicant, or any other person, has been charged or convicted under the law of the Commonwealth, a State or Territory or a foreign country;

         (4) the compliance or non-compliance of the applicant, a person proposed to be entered on the Remittance Sector Register as a remittance affiliate of the applicant, or any other person, with this Act or any other law;

         (5) the legal and beneficial ownership and control of the applicant, a person proposed to be entered on the Remittance Sector Register as a remittance affiliate of the applicant, or any other person;

         (6) the kinds of designated services to be provided by the applicant or by a person proposed to be entered on the Remittance Sector Register as a remittance affiliate of the applicant; and

         (7) the consent of a person proposed to be entered on the Remittance Sector Register as a remittance affiliate of the applicant.

     Note: The above does not affect the operation of Part VIIC of the Crimes Act 1914, which