Document ID: chunk:federal_register_of_legislation:F2024C01198:body:0:p179
Version: federal_register_of_legislation:F2024C01198
Segment Type: other
Provision Reference: 
Character Range: 496064–499130

in writing by the person to act on their behalf;

         (5) 'beneficial owner' has the same meaning as in Chapter 1 of these AML/CTF Rules;

    (6) 'company' has the same meaning as in the Corporations Act 2001;

         (7) 'consolidated documents' means those documents which contain financial information relating to the calculation of earnings;

         (8) 'earnings', in relation to a leviable entity, means:

              (a) if the leviable entity is an ADI or a registered financial corporation – the total profit before tax, depreciation and amortisation (PBTDA), not adjusted for significant items; or

              (b) if the leviable entity is a member of a group of leviable entities and any member of that group is an ADI or a registered financial corporation – PBTDA, not adjusted for significant items; or

              (c) in any other case – the total earnings before tax, interest, depreciation and amortisation (EBITDA), not adjusted for significant items;

          of the leviable entity, for a year ending in the previous financial year, the details of which have been recorded in accordance with the requirements for the roll maintained by the AUSTRAC CEO under section 51C of the AML/CTF Act;

    Note: The above definition recognises that leviable entities may have annual accounting periods that end on a date other than 30 June in any year.

         (9) 'financial report' has the same meaning as in section 9 of the Corporations Act 2001;

         (10) 'foreign company' has the same meaning as in the Corporations Act 2001;

         (11) 'group of leviable entities' means all leviable entities that are related bodies corporate;

         (12) 'instalment of levy' means an amount of levy imposed by a determination under subsection 9(1) of the Australian Transaction Reports and Analysis Centre Industry Contribution Act 2011;

         (13) 'leviable entity', in relation to the financial year, has the same meaning as in the Australian Transaction Reports and Analysis Centre Industry Contribution Act 2011;

    (14) 'person' has the same meaning as in the AML/CTF Act;

         (15) 'previous financial year' means the financial year beginning on 1 July of the financial year immediately preceding the census day;

         (16) 'registered financial corporation' has the same meaning as 'registered entity' in the Financial Sector (Collection of Data) Act 2001;

         (17) 'related bodies corporate' has the same meaning as in the Corporations Act 2001;

         (18) 'significant items' means a revenue or an expense from ordinary activities of such size, nature or incidence that its disclosure is relevant to the Australian Accounting Standard AASB 1018 (5.4);

    (19) 'subsidiary' has the same meaning as in the Corporations Act 2001;

         (20) 'ultimate holding company' has the same meaning as in the Corporations Act 2001.

    63.6 In these Rules, the terms 'domestic company', 'registered co-operative', 'registered foreign company', 'relevant foreign registration body'