Document ID: chunk:federal_register_of_legislation:F2024C01198:body:0:p213
Version: federal_register_of_legislation:F2024C01198
Segment Type: other
Provision Reference: 
Character Range: 590401–593720

of six months starting on the date specified in the notice of the decision, or until the eligible agency notifies both the AUSTRAC CEO and the exempted reporting entity or entities that the relevant investigation has ceased, whichever occurs first.

    75.9 The AUSTRAC CEO may extend the operation of the exemption for further period(s) upon written application made by a requesting officer of the eligible agency.

Definitions

75.10 In this Chapter:

          1.                'eligible agency' means:

              1.                the Australian Crime Commission;

              2.                the Australian Federal Police;

              3.                the Immigration Department;

              4.                the NSW Crime Commission; or

              5.                the police force or police service of a State or the Northern Territory.

          1.                 'requesting officer' means:

              1.                the head of an eligible agency;

              2.                a member of the eligible agency who is an SES employee or an equivalent under State or Territory legislation; or

              3.                a member of an eligible agency who holds the rank of Superintendent or higher.

(3) 'serious offence' means:

             (a) an offence against a law of the Commonwealth, or a law of a State or Territory, punishable on indictment by imprisonment for 2 or more years; or

             (b) an offence against a law of a foreign country constituted by conduct that, if it had occurred in Australia, would have constituted a serious offence.

     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 76 Digital Currency Exchange Register

    76.1 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 Part 6A of that Act. Sections 136 and 137 of the AML/CTF Act apply to each paragraph in this Chapter. These Rules come into effect on the date that section 76B of the AML/CTF Act comes into effect.

Registration on the Digital Currency Exchange Register

Applications for registration

    76.2 An application for a person (the applicant) to be registered on the Digital Currency Exchange Register must:

          1.                be made by an individual authorised to act on behalf of the applicant;

          2.                be made using the approved form; and

          3.                contain the relevant registrable details as prescribed by that form, including:

                 1.         identification and, where applicable, registration details of the applicant and each of the applicant's key personnel;

                 2.         details regarding the nature, legal form, status, and structure of the applicant's business (including in relation to beneficial ownership and control);